Significant victory for consumer rights and construction law, Fox & Moghul secured a $550,000 jury verdict in favor of their client against a construction company.
Successful Partition Action Under Va. Code 8.01-83. Our firm represented co-owner of real property whose other owner left the country without notice, leaving our client burdened with all payments associated with the mortgage and property, and unable to sell the property (since co-owner could not sign, client could not deliver marketable title). We were able to have the entire parcel of land sold via a special commissioner to a third-party for the highest fair market value, thereby alleviating any financial burden the client was otherwise facing.
Multimillion Dollar Fraud, Breach of Contract and Business Conspiracy Lawsuit – Represented high net worth international buyer of prominent Virginia-based university in fraud, breach of contract, specific performance, and business conspiracy lawsuit. After several months of litigation, case was settled favorably, and client proceeded to finalize the purchase of the university.
High six-figure settlement in deed fraud case. Firm represented defrauded party against two defendants in complex fraud suit involving several forgeries of deeds and clients signatures to obtain loan proceeds encumbered against clients real estate.
Represented foreign corporation in complex international business dispute spanning several continents. Plaintiff filed a breach of contract claim against client in Virginia. We filed a motion to dismiss for improper venue under Va. Code 8.01-264 and sought costs and attorney’s fees pursuant to Va. Code 8.01-266. Plaintiff eventually non-suited their claim.
Allotment Action. $400K+ settlement in allotment action between two former co-owners of real estate encumbered by a mortgage.
Removal of Defamatory Social Media/Online Postings – Representing dentist wife in defamation suit against former boyfriend who posted derogatory and defamatory videos and comments on all major social media fora, including Facebook and Youtube. We filed for an immediate Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and sued for defamation seeking damages. Defamatory postings were ordered removed.
Real Property Construction Dispute – Successfully defended prominent real estate development group in a complex construction dispute involving claims of structural damage to a neighboring property. Plaintiffs sued client seeking $600,000 in total damages. We had one of the Plaintiffs sanctioned for discovery violations, and the case was eventually settled for $3,800 only.
Partnership Dispute/Shareholder Derivative Action – Represented Defendants in multimillion-dollar (>$10M+) partnership dispute involving claims of fraud, breach of contract, conspiracy, securities fraud etc. related to two corporations. We had all the tort and contract claims dismissed.
Intra-Member LLC Dispute Over Real Estate Portfolio. We were retained by one of the several members in an LLC involved in a dispute over a portfolio of properties held by the LLC. We were successfully able to void our clients dissociation and reinstate him as a member with all privileges and voting rights restored.
DC Cooperative Shareholder Derivative Dispute Against Prior Board. We represented a substantial majority of the shareholders of an 18-unit DC-based cooperative association against the Board of Directors in a shareholder derivative dispute involving fraud, breach of fiduciary duty, and various other wrongdoings. We were successfully able to replace the prior Board and invalidate the ultra vires actions that they had taken to damage the cooperative’s best interests.
Breach of Former Directors/Officers Fiduciary Duties of Care, Loyalty and Usurpation of Corporate Opportunity – Represented board of directors of real estate cooperative in complex multi-party suit for breach of director fiduciary duty of loyalty (interested director transaction) and care (failure to conduct necessary due diligence or consult subject matter experts), fraud, and violations of New York’s Business and Corporation Law (NYBCL §§ 713, 717 & 720) against former directors and officers of the cooperative. Case settled favorably.
Non-Disparagement Clauses in Consumer Contracts – This was an interesting case involving the enforcement of a non-disparagement clause in standard form consumer contracts, a property rental agreement. Client had published comments about a well-known property management company. A clause in the contract prohibited the use of any “disparaging” language against the other. We successfully dismissed all claims against the client after substantial motions practice.
Multi-Expert Mold Litigation – We were retained by the Landlord-Defendant to defend a complex mold-related Tenant Assertion by tenants asserting substantial economic harm and back rent. This case involved three mold experts and the proceeding lasted almost seven hours. Client-Landlord was awarded possession, and we successfully barred tenants from pursuing any damages against client.
Mold Related Property Damage and Rent Abatement Claims- Successfully defended landlord who was sued for thousands of dollars by tenants over alleged mold on the property claimed to have been caused by landlord’s negligent repairs. We countersued for damages and were able to have all of the tenants’ mold-related claims stricken. Further, the landlord was ruled to be the substantially prevailing party and was awarded recovery of attorney’s fees.
Constructive Eviction and Lead In The Water – We represented the Landlord whose tenant has filed suit for back rent and damages after the discovery of lead in the water. We prevailed after resorting to some creative lawyering to block the other side from introducing key pieces of evidence. Client prevailed in an otherwise difficult case.
Mold In Condominium Complex – We were retained by tenants in a condominium complex to take action against the Landlord and property manager who failed to properly remediate toxic mold on the premises. Case settled favorably.
Prosecuted Serial Fraudster Tenants Who Misrepresented Income, Credit and Employment Information, And Concealed Prior Rental History – Represented former landlord against professional tenants in a warrant in debt action. Obtained the full jurisdictional amount in damages ($25,000), attorney’s fees in the amount of $10,000, and costs in favor of client.
Japanese Hibachi Restaurant – Commercial Lease Permit and Commencement Date Issue – Represented Japanese Hibachi grill restaurant involved in complex leasing dispute with Landlord related to restaurant permits and commencement dates. Successfully negotiated settlement and more than forty percent reduction in amounts claimed by the Landlord.
Malicious Prosecution, Conversion, Abuse of Process Suit Against Professional Tenant – Successfully defended Landlord-Defendant against a professional tenant who had Landlord falsely arrested for felony grand larceny. Tenant then sued Landlord for breach of contract, conversion and abuse of access. We counterclaimed for abuse of process, malicious prosecution and breach of contract. After an 8-hour trial, we prevailed on all counts and were awarded $10,000 in punitive damages against the tenant, and all attorney’s fees incurred by the client.
Constructive Eviction and First Material Breach Leasing Dispute Involving D.C.-based Burger Joint – successfully negotiated settlement on behalf of tenant, a burger restaurant located in DC, with Landlord for claims involving constructive eviction and the landlord’s prior breach of the lease for failure to maintain the premises and defects in the roof causing water leakage. Over the course of one year, the tenant had experienced a significant decline in sales due to construction next door, and the vibrations and dust that invaded the restaurant space. Tenant vacated the premises, and we asserted the defenses of constructive eviction and the first material breach in response to the landlord claiming accelerated rent. We eventually settled the claim favorably and the landlord did not claim any accelerated rent.
White Oak Tower Condominium Unit Owners Association Medical Permit Use Issue – we were retained by the unit owner of a condo who has contracted to sell his unit to a purchaser wishing to utilize the property for medical use. However, the board of directors of the condo association refused to issue a medical use permit due to multiple convoluted reasons, including the Town of Fairfax’s disputed calculations related to medical use square footage in the condo association. We were eventually able to overcome the Board’s resistance and initiate the process of securing the medical use permit for our client’s property.
USPTO Appeal: “CULINARY DELIGHTS” (Case Number 86384709). This was an appeal to overturn the USPTO examiner’s final refusal based on a claim that the mark Culinary Delights contained a single element “Delights,” which was objectionable, and needed to be disclaimed. That analysis was successfully refuted through a brief filed by counsel for the claimant, Terry Fox. The examiners immediately retracted their denial and allowed full registration on the Principal Register without any disclaimer on October 18, 2016.
Concurrent Use Application: “ISLAND CHOCOLATES” (Case Number 77225253). Our client initially filed an opposition to a pending trademark application containing the identical mark, “Island Chocolates”. As our client had initially used the mark in Hawaii, Guam and Japan prior to the other company’s application, we were entitled to common law geographic rights. Through negotiations we came to a consent agreement that allowed the dual use of the marks by our respective owners but divided the authorized use in geographic regions. This protected our client’s intellectual property and good will in the mark for the states and countries in which it had been using it.
LLC Member Buyout of Executive For Augmented Reality Wearable Technology Company – Represented executive of emerging company in successfully negotiating his buyout of $200,000 class C membership interest from company.
Membership Interest Purchase Agreement For International Restaurant Group with Over 45 Concepts Worldwide – Represented investor in purchasing a membership interest in a restaurant conglomerate for a prominent location in D.C. Designed agreement to ensure maximum protection from any liability and ensured protection of client’s investment.
Vietnam News Television Network – We were retained by a well-known foreign TV news network to formulate their entire organizational structure and draft their internal operating agreement. We were able to sort through all the problematic aspects of their setup and recommend a streamlined corporate structure to ensure efficient operations.
Daycare Centers – We were retained by a prominent Virginia-based daycare center with several locations in Loudoun, Fairfax, Arlington, Prince William and Spotsylvania Counties, Alexandria City and Washington DC to revise their corporate and business documentation. During our review of client’s corporate documents, we spotted several flaws and were able to implement a comprehensive governance framework, including employee handbooks, crisis response and management, and family enrollment handbook.
DISCLAIMER: The results obtained are not necessarily the results that may be obtained in a case with different facts. Every case is different and fact specific, and the results obtained will be related to the facts and merits of that particular case.