Business and Commercial Litigation

BUSINESS AND COMMERCIAL LITIGATION

At Fox & Moghul, we are recognized leaders in business and commercial litigation across Virginia and Washington, D.C. Our attorneys are frequently called upon to handle complex and cutting-edge business disputes, providing clients with strategic solutions and aggressive advocacy. Our firm’s accomplishments speak volumes: we have been named America’s Top 100 Civil Defense Litigators, and Faisal Moghul was recognized as one of Virginia’s “Go-To Business Lawyers” for his work in business litigation and partnership disputes.

With a proven track record that includes recently securing a $565,000 verdict in a recent business fraud and construction defect case, Fox & Moghul stands out for its ability to tackle high-stakes litigation. We have also published influential works in the legal community, such as “Direct vs. Derivative Claims: Permitting Direct Shareholder Actions for Closely Held Corporations,” offering deep insights into the intricacies of business litigation. Our attorneys are frequently called upon to represent clients in a variety of business litigation matters, including business partnership disputes, contract actions, business fraud, and trade secret litigation. As Go-To Business Lawyers in Virginia, we combine deep legal knowledge with aggressive advocacy to protect our clients’ business interests.

Our Business Litigation Expertise

Our Business and Commercial Litigation practice focuses on resolving a wide range of legal issues that arise in the business world. From contract disputes to business fraud, we provide tailored legal solutions that protect our clients’ interests and allow them to focus on what they do best—running their businesses.

Key Areas of Practice:

I. Business Partnership Disputes (Business Divorces)

When partnerships or business relationships break down, it can lead to disruptive and costly disputes. Fox & Moghul has extensive experience in handling business divorces, whether it involves partnership disputes, shareholder disagreements, or the dissolution of LLCs. We focus on protecting your financial interests while minimizing the disruption to your business. Whether you’re facing a direct action or derivative lawsuit, our attorneys are well-versed in the nuances of Virginia business law and can help you navigate the complexities of these disputes.

  • Success # 1: Multi-Million Dollar Partnership Buyout for Virginia LLC

    Fox & Moghul represented a majority member in a Virginia-based real estate investment LLC. The partnership dispute centered around allegations of breach of fiduciary duty by the minority member, who was accused of mismanaging the LLC’s financials and self-dealing. After months of contentious negotiations, we successfully obtained a favorable buyout settlement for our client, securing full ownership of the LLC while ensuring the minority member was adequately compensated. Our approach preserved the value of the business while resolving the dispute amicably.

  • Success # 2: Reinstatement of LLC Voting Rights for Minority Member

    In a highly complex case, Fox & Moghul represented a minority LLC member who had been unfairly dissociated from the business and stripped of their voting rights. The case involved a portfolio of real estate properties in Northern Virginia, and our client had contributed both capital and management expertise. We successfully argued that the dissociation was wrongful and achieved a court-ordered reinstatement of our client’s membership rights and voting privileges, allowing them to retain their interest in the business. This victory ensured that our client could continue to participate in the company’s operations and share in its future profits.

  • Success # 3: Shareholder Dispute in Virginia Tech Startup

    Our client, a co-founder and shareholder in a Virginia-based technology startup, faced a situation where the majority shareholders attempted to force a buyout at an unfair valuation. Fox & Moghul aggressively litigated on behalf of the client, challenging the undervaluation and breach of fiduciary duty by the majority shareholders. The case was resolved through mediation, where we secured a significantly higher buyout offer for our client, reflecting the true value of their contributions and equity in the startup. This resolution allowed our client to exit the company with a financial outcome that was fair and favorable.

  • Success # 4: Partnership Dispute in DC-Based Restaurant Group

    In this case, Fox & Moghul represented a member of a high-profile restaurant group in Washington, D.C. The dispute involved several partners, with one partner accused of misappropriating funds and failing to disclose key financial information. We successfully negotiated a settlement in which our client received substantial compensation and exited the partnership on favorable terms. Additionally, we secured a confidentiality agreement to protect our client’s reputation in the local business community.

II. Contract Actions

Contract disputes are at the heart of many business litigations. Fox & Moghul has successfully represented clients in a variety of contract actions, ranging from breach of contract claims to enforcement of non-compete agreements. We ensure that our clients’ contracts are fully enforced and work to mitigate any potential liabilities that could arise from contract disputes.

III. Defamation

In today’s business world, reputation is everything. Defamatory statements, whether they occur online, in the media, or in business settings, can have devastating effects on a company’s operations. At Fox & Moghul, we aggressively pursue defamation claims to protect our clients from false and damaging statements. We also represent businesses and individuals facing defamation allegations, ensuring a robust defense against such claims.

IV. Business Fraud

Business fraud involves deception or misrepresentation in business transactions and can lead to significant financial losses. Our attorneys have represented numerous clients in fraud lawsuits, recovering damages for victims of fraudulent schemes. We also defend businesses that have been wrongfully accused of fraud, ensuring that all legal avenues are explored to protect their interests. Our expertise includes complex fraud cases involving misrepresentation, omissions, and fraudulent inducements.

V. Business Conspiracy

Business conspiracy claims often arise when one party alleges that two or more parties conspired to harm their business interests. At Fox & Moghul, we have significant experience litigating business conspiracy cases, using Virginia’s Business Conspiracy Act to recover damages for clients. These cases require careful strategic planning and aggressive representation, and our team has a track record of successfully handling these claims.

VI. Fiduciary Duty Litigation

Officers, directors, and partners owe fiduciary duties to their businesses and shareholders. When these duties are breached—whether through self-dealing, conflicts of interest, or gross mismanagement—it can cause irreparable harm to the business. Fox & Moghul is well-versed in handling complex fiduciary duty litigation, protecting the interests of minority shareholders and businesses affected by fiduciary breaches.

VII. Tortious Interference

Tortious interference claims arise when a third party intentionally disrupts an existing contract or business relationship. These claims can be complicated, requiring proof that the interference was intentional and without legal justification. At Fox & Moghul, we have successfully litigated tortious interference cases for businesses, recovering damages and protecting our clients’ business relationships.

VIII. Non-Compete Agreements

Enforcing and defending non-compete agreements is a critical area of business litigation, particularly when key employees or executives leave to join competitors. At Fox & Moghul, we have a deep understanding of Virginia’s laws surrounding non-compete and non-solicitation agreements. We aggressively pursue enforcement actions on behalf of businesses to prevent unfair competition, and we defend clients against overly broad or unreasonable non-compete clauses.
For more details on Virginia’s non-compete laws, check out our article on “Virginia Noncompete Agreements: What to Look Out For Before Signing One”.

IX. Injunctions and Temporary Restraining Orders (TROs)

In urgent business disputes, securing a Temporary Restraining Order (TRO) or Injunction can be crucial to prevent immediate harm to your business. Whether it involves protecting trade secrets, enforcing a non-compete clause, or preventing the sale of a business asset, Fox & Moghul has the experience and knowledge to seek emergency relief on behalf of clients. Our team has successfully obtained and defended against TROs in a variety of business litigation contexts.

X. Trade Secrets Litigation

Trade secrets are often among a company’s most valuable assets. Protecting proprietary information, such as customer lists, business strategies, or intellectual property, is critical for maintaining a competitive edge. At Fox & Moghul, we help businesses enforce their rights under Virginia’s Uniform Trade Secrets Act, aggressively pursuing claims against former employees, competitors, or business partners who have misappropriated trade secrets.

Why Choose Fox & Moghul for Business and Commercial Litigation?

Fox & Moghul is not only recognized for our legal victories but also for our contributions to the legal profession. Our firm’s lawyers have been recognized as leading educators in this area of the law by Virginia Lawyer Magazine and are frequently called upon to publish articles and practice notes with premiere legal publications. Our attorneys are committed to achieving the best possible outcomes for our clients, using strategic thinking and aggressive representation to resolve even the most complex business disputes.
We regularly lecture on key business law topics, such as our seminar on “Top 10 Clauses to Include in LLC Operating Agreements” and our article on “Direct vs Derivative Claims”, ensuring that we stay at the forefront of legal developments in this field.

Contact Us

If you’re facing a business or commercial dispute, contact Fox & Moghul today at 703-652-5506 to schedule a consultation. Our experienced litigation team is ready to fight for your business interests and help you resolve even the most challenging legal issues.

 

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