Northern VA Business Litigation Attorneys - General Counsel Law

Business Litigation Attorneys at General Counsel serve clients throughout Northern Virginia including Fairfax, Arlington & Loudon providing comprehensive legal services including arbitration, mediation, and dispute resolution as well as disputes involving employment, government contracting, intellectual property, defamation, and much more.

What is business litigation?

Litigation refers to the legal proceedings between opposing parties to enforce or defend a legal right. Parties often settle litigation by coming to an agreement out of court, but the parties may also go to court and have the case heard and a resolution determined by a jury or judge. Litigation starts well before the parties actually get to court, generally starting when one party chooses to hire an attorney to enforce or defend his rights. There are often many “pre-court” litigation services needed, such as writing a “demand” letter, demanding another party to do something or stop doing something. Then, there is often negotiation between the parties to attempt to come to an agreement outside of court to avoid the cost and time of a formal lawsuit.

Some parties may choose to avoid a formal trial altogether and attempt to handle the matter through some type of alternative dispute resolution, such as mediation or arbitration. These processes are less formal than traditional court proceedings and are often cheaper and faster than traditional litigation.

If the pre-lawsuit negotiation and alternative dispute resolution don’t result in an agreement between the parties, a formal lawsuit will likely follow. A lawsuit begins when a plaintiff files a formal Complaint in court and serves a copy to the defendant to give notice of the lawsuit, and the defendant responds by filing an Answer. After this, the parties will begin Discovery, which is the period of investigation of the facts alleged and involves the exchange of evidence and information between parties. After these steps, a case moves forward to trial, and the parties take turns presenting their cases to the jury or judge. After both parties have presented their cases, the jury or judge, deliberates and returns a verdict deciding the case. Litigation continues after a verdict is rendered if one party is unhappy and chooses to appeal and also to complete the steps necessary to otherwise properly close a case.

While the above summary does not cover every aspect of a trial, or litigation in general, it is a good overview of the process. Litigation is an ongoing process and involves a lot of complex issues. It is important to choose an experienced litigation lawyer to ensure you are competently represented. Our litigation attorneys have extensive state, federal and appellate court litigation experience and work to pursue strong advocacy on behalf of our clients.

ARBITRATION, MEDIATION & ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (“ADR”) is any means of settling a dispute outside of a courtroom. ADR, commonly arbitration or mediation, are often utilized by parties aiming for a cheaper and faster resolution than a traditional lawsuit.

COMMERCIAL & BUSINESS LITIGATION

Business and commercial litigation encompasses disputes that arise in the context of operating a business, including breach of contract issues, business torts, and allegations of breach of fiduciary duty. Our attorneys can help you whether you’re facing trade secret disputes, restructuring issues, unfair competition, breach of contract matters, or any other business concerns.

EMPLOYMENT DISPUTES

Some of the most common employment disputes include claims of wrongful termination, wage disputes, discrimination and harassment claims, and non-compete and non-solicitation agreements. Whether you’re an employer or an employee, you have state and federally protected rights and our attorneys can help ensure those rights are protected.

GOVERNMENT CONTRACTING DISPUTES

Government contracts law deals with the award and performance of contracts to which the government is a party, as well as any related litigation. Private businesses hoping to bid for contracts with local, state, or federal governments must comply with many regulations and follow specific procedures to be eligible for such contracts, and our attorneys are experienced in advising clients through every stage of the bidding process.

INTELLECTUAL PROPERTY DISPUTES

Intellectual property law involves protecting the rights of those who create original works. Whether you need assistance with copyrights, patents, or trademarks, our intellectual property attorneys can help you protect your work.

LOCAL COUNSEL

Our attorneys are often hired to serve as local counsel for other out-of-jurisdiction attorneys. With experience navigating the local waters, insight into the local judges and court staff, as well as opposing counsel, and a familiarity with the local culture, our attorneys are a great local asset.

PRE-LITIGATION

There are generally many pre-litigation actions taken before a formal lawsuit is ever filed, and often in lieu of a formal lawsuit. These actions open up lines of communication between parties, providing an opportunity for settlement outside of a formal court proceeding, while also allowing for privacy for the parties involved and reduced costs.

DEFAMATION

Defamation is the publication of any false statement of fact with the knowledge that it is untrue and the intent to harm another person’s reputation. A great overview of defamation law was provided by Andy Baxter in this Video.

Trust and Estate Litigation

Estate and Trust Litigation, or Probate Litigation, covers a wide range of issues, including Will contests, trust contests, conflicts of interest, breach of fiduciary duties, self-dealing, and other related matters.

Recent Litigation Articles

  • Fleming v. Bayou Steel: Parent, Holding Company, Private Equity Liability under the WARN Act.

    A recent Fifth Circuit case highlights an employer’s obligation to give employees notice of mass layoff or plant closure under the Worker Adjustment and Retraining Notification Act. Fleming v. Bayou Steel BD Holdings, 83 F.4th 278 (5th Cir. 2023). The case also sets forth the test used to determine if a parent company may be...

  • EEOC Sues United Healthcare Services for Religious Discrimination Against Remote Worker for Refusing COVID Vaccine

    The Equal Employment Opportunity Commission (“EEOC’) has filed a lawsuit against United Healthcare Services (“United Healthcare”) alleging that the company violated federal law by refusing to grant religious accommodations to a remote worker. EEOC v. United Healthcare Services, Inc., Case No.2:23-cv-03010-MHW-KAJ. This lawsuit is interesting, in part, because it will apply the heightened burden st...

  • Piercing the corporate veil is an exceptional remedy

    Virginia has a strong policy in favor of recognizing the corporate entity as separate and distinct from its members. The corporate form protects the owners of a corporation from liability in a lawsuit against the corporation. “Piercing the corporate veil” is a phrase that describes a situation in which the corporation’s limited liability protections are...

  • Ask General Counsel: Take caution when competing against former employer

    Published by Ask General Counsel on InsideNova, 8/24/2023 Image from Inside Nova In this edition of Ask General Counsel, the business and litigation attorneys of General Counsel P.C. discuss a recent court decision involving defendants who used information obtained from their former employer to compete on federal contracts against that former employer. In Adnet Inc. v....

  • Virginia Circuit Court Clarifies Pleading Requirements for Tortious Interference

    The Prince George’s Circuit Court recently reviewed a demurrer in the case of Joint Logistics Managers, Inc. v. Slater, et al. to decide whether the Defendants’ counterclaims could move forward. Joint Logistics Managers Inc., (“JMIL”) is a Virginia corporation that provides management and administrative support services to government contractors. JMIL hired one of the Defendants,...

  • Liberty Mutual v. Copart of Connecticut: Understanding the Difference Between Duty to Defend and Duty to Indemnify.

    A recent Fifth Circuit decision highlights the difference between an insurer’s duty to defend and a duty to indemnify and emphasizes that business owners should fully understand their insurance policies to ensure they will receive the benefits they expect under such policies. Duty to Defend vs. Duty to Indemnify  An insurer’s duty to defend means...

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