Faisal Moghul is a seasoned trial attorney whose practice is devoted to high-stakes business and commercial litigation. He has been selected to the prestigious Super Lawyers Rising Stars shortlist for five (5) years in a row (2016-2020), and his prior successes have been profiled in the Virginia Lawyers Weekly. He has successfully represented numerous small-medium sized businesses (SMBs) and individuals in state and federal courts on a variety of business and real estate matters. Mr. Moghul has also authored several publications in the areas of real estate and business law, including his latest co-publication with the American Law Institute titled Caveat Emptor vs Seller Disclosure in Residential Real Property Conveyances (April, 2021).
Areas of Practice
- Business and Commercial Litigation: partnership disputes and shareholder derivative litigation, fraud, business conspiracy, defamation, fiduciary duty, tortious interference; noncompete/restrictive covenants, trade secrets litigation, copyright and trademark infringement, and injunctions/specific performance claims.
- Real Estate Litigation: NVAR purchase and sale contract disputes, Va Code § 54.1-2142.1 (broker-shield statute) defenses, Virginia Residential Property Disclosure Act (caveat emptor vs seller disclosure issues), broker commissions, and regulatory compliance disputes etc., DPOR and RESA investigations.
- Construction Litigation: General/subcontractor, Contractor (Classes A, B and C)/ homeowner disputes, change orders, extra work, delay, interference, defects, mechanics liens enforcement/invalidation, and other construction related disputes.
- Toxic Mold Defense and Landlord Tenant Disputes: representing parties in claims related to toxic mold poisoning, and all other leasing disputes including evictions.
- Easements, boundary line and title disputes: easements, property encroachment, trespass, nuisance, adverse possession and title disputes (covenant breaches).
- Community Association Law (HOAs/Condominium): breach of fiduciary duty, design covenant violations, and injunctions/specific performance.
- Real Estate Investors and Startups: forming and structuring businesses tailored to maximize legal and asset protection strategies, purchase and sale of businesses (stock vs. asset), business succession and trademark related considerations.
- American Law Institute, The Practical Lawyer, “Direct vs Derivative Claims: Permitting Direct Shareholder Actions for Closely Held Corporations,” by Faisal Moghul and Joseph Rugari (July, 2022).
- LexisNexis Practical Guidance, “Purchase and Sale of Commercial Real Property (VA),” by Faisal Moghul and Terry Fox (November 15, 2021).
- LexisNexis Practical Guidance, “Choice of Ownership Structure of Real Property,” by Faisal Moghul and Terry Fox (June 9, 2022).
- “Caveat Emptor vs Seller Disclosure in Residential Real Property Conveyances,” American Law Institute, The Practical Lawyer (April, 2021).
- “The Death of Privacy,” Foundation for Economic Education (Jan. 4, 2013).
- “Of Creditors, Guarantors, and Sureties: Whose Debt Is It Anyway?” American Law Institute, The Practical Lawyer (December 2014).
- “The Long Road to Yes: Problems with the Permitting Process and the Need for Specific Plans in Pennsylvania,” Co-author (2007).
- “Business Entity Structuring for Real Estate Investors,” Premier Realty & Title One Escrow LLC (2016).
- “Use of LLCs in Real Estate Transactions,” Premier Realty Lecture Series (Part II) (2016).
- “Introduction to Asset Protection,” Premier Realty Lecture Series (Part III) (2016).
- Washington and Lee University School of Law, Lexington, Virginia, Juris Doctor (with honors)
- Franklin & Marshall College, Lancaster, Pennsylvania, B.A. magna cum laude; Phi Beta Kappa Honors Society
- New York
- District of Columbia
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
Honors and Awards
- Super Lawyers, Rising Star: 2016 – 2021
- American Bar Association (Litigation)
- National Institute of Trial Advocacy
- Virginia Trial Lawyers Association