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Business Litigation

We view litigation strategies in the context of our clients’ business objectives. From negotiating an out-of-court settlement to litigating a matter at trial, our attorneys remain focused on your company’s business needs from the first day of our representation.

Litigation is a multi-dimensional endeavor, in which it is necessary to be flexible, creative, and persistent. We begin each representation by reviewing our client’s goals and developing a strategy in order to achieve those goals. During all litigation stages, our attorneys remain committed to achieving your goals.

We appreciate that litigation is an expensive and time-consuming process. For certain cases, we have developed alternative billing solutions to help manage our client’s costs. And, at our client’s option, we will explore potential methods to resolve commercial disputes outside of litigation, including mediation and arbitration options.

Experience Counts

Our litigation team has handled numerous bet-the-company and other high-stakes litigation matters that have gone to a jury or bench trial. We have also resolved numerous disputes through settlement or mediation. We have handled numerous disputes pending in state and federal courts. Through experience, our attorneys have developed strategies to steer complex litigation matters to position them for trial, if needed, or to strike a favorable settlement. Representative matters our attorneys have handled include:

  • Attaining the second highest jury verdict in all of Virginia for 2015 on behalf of an international telecommunications company whose trade secret pricing and customer information was accessed by former employees.
  • Negotiating a favorable settlement for a multi-million dollar government contractor whose former executive sued for an ownership stake in the company.
  • Defending a former employee against a $55 million dollar damages claim brought by his former employer in a marketing analytics business in the U.S. District Court for the Eastern District of Virginia. The trial court entered judgment in his favor on four of the five counts, and limited damages for the fifth count to nominal damages. The former employer appealed the district court’s ruling to the U.S. Court of Appeals in the Fourth Circuit where it is currently pending.

Navigating the “Rocket Docket”: Our firm practices regularly before federal and state courts in Virginia, Maryland and the District of Columbia. Our firm is well-versed in the procedural rules before the United States District Court for the Eastern District of Virginia, best known as the “Rocket Docket.” The Eastern District is referred to as the “Rocket Docket” because of the fast pace of litigation in this particular court. Generally, the Rocket Docket schedules cases to be fully litigated in one year. The Rocket Docket has many local rules and procedures that are uniquely geared towards the fast-pace of the court, such as local rules specifically designed to expedite discovery. The court even has procedures for expedited motions practice, which require counsel to brief and argue disputes within one week. The Rocket Docket is also well known for firmly adhering to its local rules and procedures. Given the fast pace, it is highly important to work with counsel well experienced and versed in the Rocket Docket’s rules and procedures. Our attorneys have litigated numerous, complex matters in the Rocket Docket and are ready to strategize with you and guide you and navigate your case through the fast-paced system.

Familiarity with the Fairfax Circuit Court: The Fairfax Circuit Court is the largest and most active circuit within the state. It has many practices and procedures unique to the circuit, such as motions and scheduling procedures. Understanding the court system is integral to strategically litigating your case within Fairfax County. Our attorneys are highly experienced with Virginia practice and procedure, which is essential in the Fairfax Circuit Court. For example, Virginia recognizes certain pleas and practices that are not recognized by other state and federal courts, such as demurrers and pleas in bar. Our firm has litigated a broad variety of highly complex cases in Fairfax, and is equipped to resolve or maneuver your case forward at all stages of litigation.

Electronic Discovery Makes the Case

In today’s digital age, lawsuits can be won or lost based on evidence derived from a sea of digital communications and other data. At Protorae Law, we have a deep understanding of computer forensics as well as how to analyze voluminous electronic communications, user files and other electronic data, including metadata, in order to identify and isolate the important, and often hidden, information they contain. We then marshal that electronic information to support our clients’ claims or defenses.

You will find that our familiarity with E-discovery techniques assists us in effectively presenting or defending your business dispute in today’s high-tech legal environment. We have experience explaining this electronic information to juries and judges. Electronic data can be crucial evidence relied upon by juries and judges; and, if that data is overlooked or never uncovered during the pre-trial phase, the entire tenor of a case can change.

LEGAL DISCLAIMER: THE RESULTS OF ALL CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.

Contact
  • James B. Kinsel
  • Managing Member
    Co-Chair, Litigation Practice
  • 703.749.6023
  • Email
  • Rebecca Bricken Segal
  • Member
    Co-Chair, Litigation Practice
  • 703.942.6719
  • Email