Faisal Moghul, Esq.

Managing Partner

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Business Litigation and Real Estate Law

Attorney Barred In VA, DC and NY

NVAR Membership/NRDS ID: 846568408

Faisal Moghul stands out as one of Virginia's top business lawyers, widely recognized for his extensive expertise in business formation and structuring, high-stakes business litigation involving both direct and derivative lawsuits, asset and stock sales, valuation and buyout disputes, and strategic asset protection. In 2023 and 2024, he was named one of America's Top 100 Civil Defense Litigators and was recognized as Virginia's "Go-To" Business Lawyer. He has also made the prestigious Super Lawyers Rising Stars shortlist every year since 2016. In 2023, Moghul was recognized by Virginia Lawyer Magazine as one of the Commonwealth's leading educators in business and real estate law, further solidifying his role as a thought leader in the legal community. Further, in 2024, Mr. Moghul spearheaded a litigation team that secured a landmark $565,000 judgment in a construction fraud case after a 4-day jury trial in Fairfax County Circuit Court.

Moghul's client base, comprising of high-net-worth individuals, startups and emerging corporations, LLCs, and partnerships, consistently turns to him for his exceptional ability to handle complicated business and real estate matters with precision.

In 2023, Mr. Moghul was selected as the speaker and moderator at the Virginia CLE's Annual Small Business Law Institute, where he presented on "Top 10 Clauses to Include in LLC Operating Agreements." In 2024, Mr. Moghul was again selected to speak on "Protecting LLC Assets: Understanding Charging Orders and Asset Protection Strategies." As a member of the American Bar Association's (ABA) Committee on LLCs and Unincorporated Associations, Mr. Moghul's comprehensive knowledge of various entity types – LLCs, S-Corps, C-Corps, and limited partnerships—coupled with his understanding of asset protection strategies, enables him to craft cutting-edge operating agreements, by laws, and partnership agreements that safeguard his clients' interests.

As a veteran of more than a 100 high-value transactions across the technology, real estate, government contracting and retail industries, he has overseen multimillion-dollar buyouts and redemptions for both majority and minority corporate shareholders, LLC members and LP partners. Moghul stands out not only for his business law expertise but also for his litigation successes. He is known for representing clients in high-stakes business litigation, including cases involving member/partner/shareholder derivative lawsuits, breach of fiduciary, fraud and defamation claims.

Similarly, Mr. Moghul is recognized as a top-tier real estate litigator with extensive experience in construction litigation, easement and boundary line disputes, real estate agent and broker representation, and purchase and sale contract disputes. He has successfully represented clients in high-stakes construction defect claims, often involving fraud and contractor negligence. His expertise in easement and boundary disputes has helped property owners resolve complex conflicts over land access and property rights.

In 2023, he also co-presented a CLE seminar on "Examining A Real Estate Broker's Liability to the Purchaser In Residential Real Estate Transactions in Virginia," a vital publication for understanding broker liability in Virginia, further establishing him as an authority on real estate agent and broker defense, including compliance with Virginia's DPOR regulations.

Mr. Moghul has a deep knowledge of real estate purchase and sale contract disputes in Virginia, and has published several articles on this topic, including his 2021 critically acclaimed publication with the American Law Institute titled authored "Caveat Emptor vs. Seller Disclosure in Residential Real Property Conveyances," which offers cutting-edge insights into the law surrounding purchase and sales of real property. Mr. Moghul's deep understanding of the case law and regulations in this area of the law have enabled him to secure several million-dollar plus settlements and verdicts.

Publications and Speaking Engagements:

Faisal Moghul is not only a leading business and real estate lawyer but also a widely respected author and speaker. His contributions to prestigious publications like Lexis Nexis, the Virginia CLE Institute, and the American Law Institute have earned him critical acclaim within the legal community. He frequently publishes practical guidance notes to educate fellow lawyers on cutting-edge legal issues in business and real estate law.

• 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).
• ALI CLE, The Practical Real Estate Lawyer, "Brokers' Liability to Purchases in Virginia Residential Real Estate Transactions," by Faisal Moghul and Terry Fox (March 2024). The publication can be purchased here: Legal Journals & News Publications | ALI CLE (ali-cle.org)
• Fox & Moghul Wins $550,000 in Pioneering Construction Defect Litigation, Setting a New Precedent for Consumer Protection Newswire and Yahoo Finance News, February 15, 2024.
• American Law Institute, The Practical Lawyer, "Caveat Emptor vs Seller Disclosure in Residential Real Property Conveyances," by Faisal Moghul and Terry Fox (April 2021 Edition)
• "Business Law Institute 2023: LLC Operating Agreements – Top 10 Clauses You Must Have," Faisal Moghul, Event Moderator and Speaker, Virginia CLE Seminar (September 29, 2023)
• Fox & Moghul's Attorneys Recognized by Virginia Lawyer Magazine as leading educators in Virginia Real Estate and Business Law during 2023
• LexisNexis Practical Guidance, "Commercial Foreclosure Flowchart" by Faisal Moghul and Terry Fox (June 22, 2023).
• Virginia CLE Seminar, "Examining A Real Estate Broker's Liability to the Purchaser In Residential Real Estate Transactions In Virginia," Speakers, Terry L. Fox Esq and Faisal Moghul Esq (April 26 and June 15, 2023)
• LexisNexis Practical Guidance, "Commercial Loan Defaults and Remedies (VA)," by Faisal Moghul and Terry Fox (May 2023).
• 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)
• LexisNexis Practical Guidance, "Recording Procedures for Real Estate Documents In Virginia," by Faisal Moghul and Terry Fox (August 2022)
• American Law Institute's Continuing Legal Education, "Of Creditors, Guarantors, and Sureties: Whose Debt Is It Anyway?" Faisal Moghul
• Foundation for Economic Education, "The Death of Privacy," Faisal Moghul, Jan. 4, 2013
• Virginia Lawyers Weekly, "Suit over title to property relied on motions practice," Published spring 2016

Representative Cases:

• Secured $565,000 judgment in pioneering fraud and construction defect litigation, setting a new precedent for consumer protection. Newswire and Yahoo Finance News, February 15, 2024.
• Successfully represented CEO and majority member of a government contracting firm valued in excess of $80 million in a complex buyout/redemption transaction.
• 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.
• 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 client's 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.
• Represented dentist 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.
• 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.
• 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.
• 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.

Bar Admissions:

• New York
• Virginia
• District of Columbia
• U.S. District Court for the District of Columbia
• U.S. District Court for the Eastern District of Virginia

Education:

• 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