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March 15, 2016
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"Virginia Law for Common Interest Community Managers - 2.0 hours" (CICB approved course)
Location: Rees Broome
Time: Noon - 2:00pm
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Civil Litigation

Our Civil Litigation Group practices in state and federal courts and before arbitration panels in Virginia, Maryland and the District of Columbia. The civil litigation group also handles appeals before the United States Court of Appeals for the Fourth Circuit, the Supreme Court of Virginia, the Virginia Court of Appeals, the Court of Appeals of Maryland, the Maryland Court of Special Appeals, the District of Columbia Court of Appeals, the District of Columbia Circuit and the federal circuit courts.

Among the wide variety of cases we handle are:

•  Commercial contracts
•  Employment discrimination
•  Breach of fiduciary duty
•  Product disparagement
•  Business defamation
•  Fraud
•  Non-competition agreements
•  Trade secrets
•  Unfair competition
•  Corporate governance
•  Partnership dissolution
•  Director and officer liability
•  Corporate dissolution
•  Shareholder derivative claims
•  Professional practice dissolution  
•  Construction contracts
•  Construction defects
•  Creditors’ rights, including bankruptcy adversary proceedings
•  Community association issues, including condominium warranty claims, disputes with developers, defense of directors and officers, and contract disputes
•  Premises liability
•  Trust and estates
•  State and federal tax assessment and refund claims

Rees Broome, PC is also well-versed in alternative dispute resolution, which we often utilize to help our clients minimize the costs and disadvantages of litigation.


DISCLAIMER: THE RESULTS OF ANY LEGAL ACTION DEPEND UPON FACTS UNIQUE TO EACH CASE.  NEITHER REES BROOME, PC, NOR ITS ATTORNEYS GUARANTEE OR PREDICT SIMILAR RESULTS IN ANY FUTURE CASE UNDERTAKEN BY REES BROOME, PC OR ANY OF ITS ATTORNEYS.


Robert J. Cunningham
Rob Cunningham represents companies and individuals as both plaintiffs and defendants in Virginia and federal courts. He specializes in complex high stakes civil litigation commonly involving construction companies, contractors, homeowners, consumers, lawyers, law firms and parties to commercial transactions. He is also highly experienced in mediation and arbitration proceedings.

Representative Experience

•  Successfully defended an employer charged with misappropriation of retirement funds in state court jury trial.
•  Won a substantial arbitration award on behalf of a former business owner who alleged violation of copyright and intellectual property rights in a business sales agreement, to include pre-verdict seizure of purchaser’s assets.
•  Won an unprecedented contribution claim by an individual defendant against other co-defendants charged with intentionally converting employee pension funds in federal ERISA litigation.
•  Obtained dismissal of a multi-count prosecution against a closely-held company charged with numerous building and fire code violations in a large commercial building.
•  Won a six-figure jury damages award for a Secret Service agent exposed to pesticides while on duty.
•  Obtained $450,000 verdict in favor of stockholder against managing director of closely-held corporation for shareholder oppression and conversion of corporate assets.
•  Won a $380,000 judgment in contested proceedings (including compensatory and punitive damages) on behalf of construction client/homebuilder against individual investors for fraudulent scheme to purchase and resell new homes.
•  Lead counsel in defense of state and federal software copyright claims filed in Western District of Pennsylvania Federal District Court – successful pre-trial proceedings resulted in extensive published opinions by District Court on new and novel legal doctrines governing software copyright infringement actions.
•  Lead counsel in defense of unique “traverse” proceedings instituted by creditors’ counsel in Superior Court for the District of Columbia.  Exceedingly complex case spanned 10 years, in multiple jurisdictions and venues, with reported appellate decisions.
•  Lead appellate counsel in prosecution of Supreme Court appeal of trusts and estates matter from Fairfax County Circuit Court.  Writ has been granted and arguments scheduled for spring, 2010.
•  Lead counsel in successful defense of construction defect case for custom home builder involving novel issues of law, including claims of spoliation of evidence asserted by plaintiff’s counsel. Case on appeal to Virginia Supreme Court.
•  Lead counsel in successful, multi-year, vigorously contested partition action involving one of largest tracts of undeveloped waterfront properties in the D.C. metropolitan area.
•  Lead counsel of record in successful appeal to Virginia Supreme Court in published opinion that reversed ruling of trial court that erroneously held that estate is not liable for large mortgage debt on marital residence that passed to wife outside of probate of estate.
•  Lead counsel in successful defense of wrongful partnership expulsion and conspiracy claims against prominent local professional services firm resulting in favorable settlement during course of two-week jury trial.

William P. Daly, Jr.

Bill Daly’s practice focuses on civil litigation, where he has more than 25 years’ experience representing plaintiffs and defendants in actions ranging from contract disputes to applications for injunctive relief.

Representative Experience

•  Represents plaintiffs and defendants in a wide range of civil disputes
•  Handles business disputes, including conspiracy, defamation, interference with contracts, breaches of confidentiality agreements and suits involving covenants not to compete
•  Handles civil actions in the areas of property damage, partition suits, confirmation of arbitration awards, intentional infliction of emotional distress, domestication of judgments, constructive eviction and challenges to non-judicial foreclosures

Mark P. Graham

Mark Graham represents plaintiffs and defendants in a wide range of situations, including breach of employment contracts (such as non-compete and confidentiality agreements), defamation, breach of commercial leases and other real estate contracts, breach of business contracts and real property disputes relating to covenants and easements. His specialty is construction defect claim analysis, negotiation and litigation.

Representative Experience

•  Obtained dismissal of discriminatory practice, breach of fiduciary duty and fraudulent conveyance claims in the Circuit Court of Frederick County, Virginia.
•  Represented design professional client in the United States District Court for the Eastern District of Virginia resulting in 12(b)(6) dismissal of alleged breach of Americans with Disabilities Act.
•  Tried cases involving complex civil engineering issues to successful verdicts in Fairfax and Loudoun County, Virginia.
•  Resolved condominium warranty defect case on behalf of condominium association for $400,000.00 settlement.
•  Obtained judgments under Federal Anti-Cybersquatting Act against “.biz” and “.org” domain names in the United States District Court for the Eastern District of Virginia.
•  Obtained six figure settlement of nuisance claim brought by established restaurant against condominium developer in Falls Church, Virginia.
•  Obtained $100,000.00 judgment under breach of contract and fraud in the inducement theories against contractor in Fairfax Circuit Court.
•  Obtained a favorable settlement of approximately $18 million dispute with municipality regarding design and construction of $55-60 million correctional facility, involving 18 prime contractors.
•  Obtained summary dismissal of lawsuit against engineering company in the United States District Court for the Southern District of Maryland arising out of the U.S. Navy’s WholeHouse Revitalization Plan in Meridian, Mississippi.

Mark A. Moorstein
Mark Moorstein’s practice focuses on commercial real estate, land use (zoning, easements, subdivisions, condemnation proceedings) and civil litigation. His experience dates back to the beginning of his professional career, when he was the Cleveland Area Counsel for the US Department of Housing and Urban Development, where he designed and implemented tax exempt financing techniques for low and moderate income housing. 
Mark has been viewed for many years as one of the top attorneys in Prince William County representing developers, contractors, subcontractors and lenders. He serves as local counsel to the Virginia Department of Transportation in its condemnation proceedings in the Washington, D.C. region. In 2010, Mark was asked to join an international legal effort to assist Cambodia in reforming its land use laws.

Susan R. Salen
Susan Salen’s practice focuses on representation of corporate clients facing civil litigation. She also has expertise in employment law and general business law.

Representative Experience

Ms. Salen has an unusual legal background that combines litigation, corporate transactions and employment law, giving her an exceptional understanding of how to successfully structure business agreements, work through personnel matters and provide clients with practical solutions for day-to-day business problems. As a litigator, Susan has focused her practice on private companies, working with owners, purchasers, management and individual executive employees in asset sales and purchases, corporate structure and governance, dissolution, general business contract negotiations and document drafting.

Bruce E. Titus
Bruce Titus’ practice focuses on civil litigation in the field of construction law and professional malpractice in the construction industry. He also provides mediation and arbitration services through The McCammon Group, Ltd.

Bruce was selected by his peers for inclusion in The Best Lawyers in America (2008 -  2011) in the field of Professional Malpractice Law (Copyright 2006 by Woodward/White, Inc., of Aiken, S.C.). He has been recognized as one of “Virginia’s Legal Elite” in Virginia Business Magazine. He has also been named one of “Virginia Super Lawyers”  and “Washington DC Super Lawyers” as seen in Richmond Magazine and The New York Times distributed in Washington, D.C. and surrounding suburbs, respectively.

Representative Experience

Bruce’s practice focuses on the resolution of construction issues including structural failures. He also  represents and counsels architects, contractors, developers and engineers in virtually every phase of their business operations. He has also represented owners involved in construction-related disputes. In addition to being a highly experienced litigator, Bruce is regarded as an expert mediator and arbitrator.

Maureen E. Carr
Maureen Carr represents individual, business, and community association clients in state and federal court litigation involving a variety of business, construction, employment, insurance, and warranty disputes.

Maureen has received an AV® Preeminent Rating in Litigation, Construction Law and Contracts from Martindale-Hubbell, which is the highest rating available and is based on evaluations from other attorneys and judges. 

Representative Experience

•  Obtained judgments in federal court against numerous domain names under the Anti-Cybersquatting Consumer Protection Act (ACPA)
•  Successfully briefed motions on behalf of local technology company charged with copyright infringement in federal court (Tegg Corp. v. Beckstrom Elec. Co., 2008 U.S. Dist. LEXIS 52184 (W.D. Pa. July 1, 2008)).
•  Successfully achieved dismissal of Racketeering and Corrupt Organization Act (RICO) and fraud claims against client in federal court
•  Litigated case in Superior Court of the District of Columbia resulting in dismissal of claims against engineering and architectural firms related to building collapse.
•  Litigated and resolved bad faith denial of insurance coverage related to catastrophic loss sustained by condominium in Arlington, Virginia.
•  Successfully mediated nuisance claim brought in the Circuit Court of Arlington County, Virginia by established restaurant against condominium developer, resulting in six figure settlement.
•  Arbitrated multi-claimant action by condominium unit purchasers against developer for failure to substantially complete condominiums in accordance with Interstate Land Sales Full Disclosure Act and purchase agreements

Stephen D. Charnoff
Steve Charnoff’s practice concentrates on civil litigation representing both plaintiffs and defendants. Steve’s clients include businesses, partnerships, homeowners’ associations, estates and individuals involved in claims of breach of contract, fraud, conspiracy and business disputes. He has appeared in state and federal courts as well as representing clients at arbitration and mediation hearings.

Representative Experience

•  Represented a law firm and its partners sued for breach of contract, conspiracy, and tortious interference. The claim for over $3,500,000 was brought by an expelled former partner.
•  Assisted in the representation of a client involved in a seven-figure estate dispute in Virginia’s highest court. The Virginia Supreme Court ultimately reversed a lower court judgment against our client, based on Steve’s research and argument. (Dolby v. Dolby, et al., 280 Va. 132 (2010).)
•  Filed a lawsuit in the District of Columbia Superior Court raising an issue of first impression: can a property owner gain access to adjoining property in order to remedy a construction defect that presents a health hazard? The hotel defendant moved to dismiss the case on the grounds that the lawsuit was based on a doctrine that had not yet been recognized in the District of Columbia. The court ruled in favor of Steve’s client.

Courtney B. Harden
Courtney Harden’s practice focuses on civil litigation. She most often represents construction professionals in contract disputes and also handles construction defect litigation, general civil litigation and land use issues. She also serves as local counsel to the Virginia Department of Transportation in real property condemnation cases in the Washington, D.C. region.

Representative Experience

Representation of architects, engineers, contractors and owners in construction disputes arising out of commercial and residential construction projects. Courtney’s practice involves all aspects of dispute resolution including litigation, arbitration and mediation. She is highly experienced in land use disputes.

Alison R. Mullins
Alison Mullins’ practice focuses on all aspects of commercial dispute resolution. In particular, she often represents architects, engineers, and others involved in the construction industry. She has written more than a dozen articles in the area of construction law.

Representative Experience

Alison works with commercial clients in the construction industry to:

•  Assist clients in risk analysis, evaluation, allocation and management.
•  Assist clients in preparing and negotiating contracts.
•  Provide pre-claim counseling to clients.
•  Assist clients in negotiation, mediation, litigation and/or arbitration of claims.
•  Assist clients with contract enforcement issues.
•  File Bid Protests.
•  Work out payment plans for monetary defaults.

Mariam W. Tadros
Mariam Tadros represents businesses, individuals, community associations, management companies and state agencies in civil litigation. She has represented officers and shareholders in corporate and partnership disputes, worked with creditors seeking to have debts paid, litigated on behalf of sub-associations against master associations and handled a wide variety of community association legal issues.

Representative Experience

•  Obtained dismissal of a claim against a creditor challenging the validity of the creditor’s mortgage
•  Obtained judgment for a sub-association against the master association in connection with sub-association dues, resulting in a decrease in the dues for the entire community
•  Represented community associations in covenant enforcement violations, resulting in correction of covenant violations and recovery of attorneys fees
•  Successfully defended a commercial lender against allegedly bringing a wrongful foreclosure suit
•  Obtained settlement of community association warranty claims against the developer, resulting in a substantial monetary settlement for the association
•  Successfully negotiated settlements in condemnation claims brought by community associations
•  Successfully disputed and resolved credit reporting errors, resulting in deletion of negative trade lines in credit reports

MBakerMatthew D. Baker
Matt focuses his practice in the areas of commercial litigation and construction law. Matt has represented clients across Northern Virginia, the District of Columbia, and Maryland in construction defect, real property, products liability, business tort, and serious personal injury cases. He often represents contractors, general contractors, and homeowners. Matt works with clients to negotiate and litigate claims and strives to deliver representation that is effective and efficient.


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