Business Disputes
CWM attorneys are adept at high stakes business cases. We recognize that disputes can jeopardize a client’s profitability and reputation – sometimes permanently – so we work quickly with our clients to achieve successful outcomes, whether through negotiation, litigation, arbitration, mediation, or other means. We are not afraid to take cases to trial in the best interest of our clients.
Our attorneys have substantial state and federal court experience, particularly in the Norfolk Division of the Eastern District of Virginia, and include a number of former judicial law clerks. We also serve as co-counsel or local counsel in the Eastern District of Virginia, including for patent and other intellectual property cases.
Our work includes complex contract cases, technology disputes, business conspiracy cases, business interference claims, commercial litigation, injunctions, attachments, property disputes, shareholder disputes, corporate dissolutions, license disputes, confidentiality claims, non-compete claims, and a host of other matters. We represent Fortune 500 companies, government entities, established firms, individuals, and startup companies.
- Breach of Contract Claims
- Business Conspiracy Claims
- Business Dissolution
- Business Torts
- Commercial Lease Disputes
- Injunctions and Attachments
- Insurance Coverage
- Intellectual Property Cases
- License Disputes
- Non-Compete Agreements
- Patent Cases
- Real Estate Disputes
- Shareholder Disputes
- Specific Performance
- Temporary Restraining Orders
- Trademark Cases
CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS IN FUTURE CASES.
On February 19, 2014, a jury awarded nearly $800,000 to a client of CWM after a six-day trial in the United States District Court for the Eastern District of Virginia. CWM attorney Jim Chapman represented MidAtlantic International against AGC Flat Glass in this commercial dispute. AGC had refused to make payment under the terms of a “take-or-pay” clause in their contract. AGC filed a counterclaim for approximately $900,000, claiming that the goods were defective. The Court dismissed AGC’s counterclaim at trial. The jury returned a verdict in favor of MidAtlantic for $797,360.08, the full amount owed under the contract.
August 2013 – CWM attorneys Ryan Snow and David Hartnett won a $537,000 judgment after trial in Chesterfield Circuit Court against two companies in a case of successor liability. The defendant companies had acquired the assets of a construction company against which CWM already obtained judgment. Mr. Snow and Mr. Hartnett successfully proved that the purpose of the transactions was to hide the assets of the former company, making it judgment-proof, and continue the business under new names. The Court found the new companies a “mere continuation” of the old one and pierced corporate formalities to hold them liable for the debt.
November 2012 – A jury in the U.S. District Court for the Eastern District of Virginia ruled in favor of I/P Engine in a patent infringement case against AOL, Google, IAC Search & Media, Gannett Company and Target Corporation. CWM attorneys Donald Schultz and Ryan Snow represented I/P Engine as co-counsel, teamed with lead attorneys from Dickstein Shapiro, LLP. The case related to infringement of two patents for relevance-filtering technology used in internet search engines to present higher quality advertisements. After a 12-day trial, the jury found the asserted claims both valid and infringed, and set a “running royalty” of 3.5 percent on future advertising revenues. The jury awarded I/P Engine damages from September 15, 2011 of $30,496,155 against all defendants.
April 2012 – CWM attorneys successfully prevented a plaintiff’s effort to strip a secured creditor’s lien from a property in bankruptcy. CWM represented the defendant in the adversary proceeding. The plaintiff filed suit to avoid the lien as being unsupported by equity, but at trial the U.S. Bankruptcy Court for the Eastern District of Virginia disagreed after considering competing appraisals and expert witness testimony.
March 2012 – CWM attorneys succeeded in the Virginia Supreme Court in a business case arising out of a roof repair project. The case involved funds paid to an agent that were seized by the agent’s secured creditor before delivery to a contractor and architect. CWM represented the plaintiff who paid the funds and sued to recoup them under trust principles. The trial court granted judgment for plaintiff. On appeal, the Virginia Supreme Court affirmed in all respects, for the first time recognizing by name the “lowest intermediate balance rule” for tracing funds in a commingled account. The case is reported at St. Joe Co. v. Norfolk Redevelopment & Housing Auth., 283 Va. 403, 722 S.E.2d 622 (2012).
Business Owners and Managers
Technology Companies
Commercial Landlords and Tenants
Construction Companies
Developers
Banks, Lenders, and Financial Institutions
Government Entities
Government Contractors
Intellectual Property Owners
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