Washington, D.C.

Business & White Collar Litigation

We represent clients in commercial and business litigation as well as white collar investigations and prosecutions. Because we understand that a lawsuit can interrupt and, in severe cases, cripple a business, we craft strategies to minimize the impact of litigation and allow company executives to concentrate on company business, not distracting litigation. Mr. Goldberg and Mr. Clements have conducted numerous bench and jury trials. When in a client's best interests, we will energetically try a case to verdict.

Commercial and Business Litigation

In commercial and business lawsuits, we have represented both plaintiffs and defendants: investors and former investors, business partners in "commercial divorce," companies that bought or sold businesses, and corporations and limited liability companies defending against shareholder and vendor litigation. We also routinely handle matters involving breach of contract, intellectual-property and trade-secret misappropriation, and breach of fiduciary duties—often without costly, time-consuming litigation.

We will energetically try a case to verdict. But where settlement is available and benefificial, we will forcefully drive the best deal available and help you put the case behind you.

Quite often, cases can be resolved before trial—and even before the commencement of formal litigation. But sometimes they cannot. When necessary, we litigate cases in the state and federal courts in D.C. and Maryland, often trying cases to verdict, in both bench trials and jury trials. We have also briefed and argued appeals, filed amicus briefs, and filed petitions for en banc rehearing and certiorari, before the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Court of Appeals for the Fourth Circuit, the D.C. Court of Appeals, and the U.S. Supreme Court.

Representative Commercial and Business Litigation Matters

  • Represented a corporation accused of complex fraud by a former client.
  • Represented a technology company accused of improper business practices and fraud by a former investor.
  • Represented a co-founder frozen out of a late-stage start-up by other co-founders.
  • Represented a close corporation against shareholders seeking to violate their fiduciary duties and compete with the company.
  • Represented a technology-company founder who accused his former business partner of improper business practices and fraud.
  • Represented an OpenSource software company in a dispute over the origins of its GUI. The case required a deep understanding of the nature of OpenSource software and the history of GUIs and computer graphics.
  • Represented an OpenSource software company in a dispute over its status as a 501(c)(3). The matter required an in-depth understanding of the nature of OpenSource software development, the history of OpenSource software foundations, and the role of OpenSource software in the technology industry.
  • Represented an inventor whose cutting-edge software was misappropriated by a large technology-training company.
  • Represented a major software company in a successful federal appeal of an adverse patent ruling.
  • Represented a former executive-branch appointee in a civil suit alleging fraud and misappropriation.
  • Argued an appeal on the scope of evidence required for a claim under the ADA.
  • Filed a pro bono amicus brief in an en banc rehearing on behalf of an expert psychologist on the use of attachment studies in adoption cases.

White Collar Defense

Criminal cases demand a delicate touch and careful strategy. We will wage an aggressive defense; but we will also take every opportunity to end the case before trial—with a prosecutor's acquiescence or a judge's order.

We have represented individuals and corporations as subjects, targets, and defendants in white-collar investigations and prosecutions by the U.S. Department of Justice, the Securities and Exchange Commission, the U.S. Office of Special Counsel, the Inspector General's Office for the Department of Defense and the Defense Criminal Investigative Service (DCIS), the Inspector General's Office for the Department of Housing and Urban Development and the FBI, the U.S. Navy Judge Advocate General's Corps (JAG) and the Naval Criminal Investigative Service (NCIS), the D.C. Attorney General's Office, the D.C. Office of Tax and Revenue, and the various U.S. Attorney's Offices. We have also provided counsel concerning corporate anti-corruption policies, methods, and regulations, as well as contracting-related compliance. We have conducted numerous criminal trials, trying cases to judges and juries. When possible, we also routinely obtain declinations of prosecution and pre-trial dismissals, saving clients from even having to face trial.

Representative White Collar Defense Matters

  • Represented a former CFO regarding allegations of improper payments.
  • Represented a civilian contractor in a Department of Defense/DCIS investigation into improper contracting practices.
  • Represented a former high-level executive-branch staffer in allegations of fraud and improper influence during government service.
  • Represented an NGO in an investigation into alleged foreign bribery by its high-level officers.
  • Represented a top federal civil-service employee in an investigation by the U.S. Office of Special Counsel.
  • Represented a civilian contractor in a JAG/NCIS investigation.
  • Argued an appeal premised on violations of the Fourth Amendment.
  • Filed an appeal challenging limits on the scope of expert-witness testimony.

Clients

We have represented both individuals and corporations in lawsuits and investigations, including oil-services executives, manufacturing executives, federal lobbyists, federal government appointees and civil service employees, corporate officers, software companies, information-security firms, and consulting and engineering companies. We understand deeply the toll that time-consuming litigation can take on a business, and we craft strategies to mitigate those issues. Our clients' problems become our problems.