Disputes – Litigation, Arbitration, Mediation & Local Counsel

Arbitration

Business Mediation and Arbitration Attorneys

Lawyers at the law firm of Dunlap, Grubb & Weaver are advocates of a variety of alternative dispute resolution methods. As a law firm committed to keeping legal costs reasonable, we have found that alternative dispute resolution (ADR) may, under the circumstances, be a much less expensive way to solve problems and resolve business disputes.  There are a number of arbitration forums and sometimes parties are bound to arbitration without realizing it.  Our firm has handled AAA Arbitration (American Arbitration Association), NASD Arbitration (now subsumed under FINRA), JAMS, HKIAC (Hong Kong International Arbitration), AIA contract arbitration (which is AAA commercial arbitration) and a variety of other private arbitration and mediation processes in jurisdictions across the US and in foreign countries.

What is Arbitration?

In arbitration parties to a dispute agree to resolve it outside of court. The parties hire a third person, usually a retired judge and specialty attorney, and their agreement determines the rules of how the arbitrator makes his or her decision. There is no jury and generally no appeal. Even if the arbitrator makes a mistake, the parties usually have to accept the arbitrator's decision. Thereafter, a court will enforce the arbitrator's judgment the same way it enforces its own judgments.

Differences between business mediation and arbitration

Businesses often use one of two principal methods of ADR: mediation and arbitration. These methods differ in several ways. In arbitration, an arbitrator listens to arguments from both sides of the dispute and makes a decision based upon the evidence presented. In mediation, the mediator helps the parties discuss the dispute, helps them work out a solution but does not make a decision for the parties.

When is ADR useful?

Our lawyers have found that these methods of ADR are effective in a wide variety of circumstances. We thoroughly prepare clients for mediation and help them develop presentations for arbitration sessions. Our clients have used ADR to resolve such disputes as:
- Partnership disputes
- Shareholder disputes
- Contract disputes
- Real estate purchase and sale disputes
- Construction disputes
- Employment disputes

Advantages of business mediation and arbitration

ADR is not for everyone; some disputes will require litigation. However, for some clients, ADR can prove to be a cost-effective solution. In business mediation, both parties have some role in developing the solution. This makes that solution more likely to be honored, keeping clients out of court and allowing them to focus on making the business thrive and grow.

Arbitration is a very tricky area because the law is still developing. Contact us at mail@dglegal.com or 800-747-9354 or if you calling from outside of the United States, call 202-316-8558 for a consultation to discuss your remedies, rights and responsibilities.

Employment

Washington, D.C., Labor and Employment Lawyers

The success of your business can often depend on your relationship with your employees. Making sure that you comply with laws and regulations can be critical to keeping you out of court. But if an employee takes legal action, finding a smart and effective resolution can help you get back on track. At the Washington, D.C., area law offices of Dunlap, Grubb & Weaver, PLLC, we represent employers who want to make the best choices for their business. We help them avoid the courtroom by creating the right legal protections and mitigating the negative effects of any employment law action.

Partners for a Proactive Approach to Employment Law

Does your business have the right policies and procedures in place? Have you taken a proactive approach to your human resources plan? Usually establishing and following policies that comply with state and federal laws can be the best way to protect your business from costly litigation. At Dunlap, Grubb & Weaver, PLLC, we help our clients create tools and strategies that will get them the best possible results:

  • Development of employee handbooks, policies and procedures
  • Strategies for managing union relations
  • Executive compensation planning
  • Creation and administration of retirement plans and benefits
  • Counsel on hiring and termination practices

Employment Law Attorneys Who Bring Strength to the Courtroom

Sometimes, employment law disputes can be resolved through alternative dispute resolution methods, like arbitration or mediation. When these are the best courses of action, we are fully prepared. Our attorneys who are certified arbitrators regularly guide our clients through the arbitration process, We know that these dispute resolution methods can represent a cost-effective way to resolve employment law conflicts quickly and effectively.

However, when your employment law dispute requires legal action in court, we do not hesitate to litigate. Our attorneys come from well-respected large law firms, from Wall Street and from the military. We use our collective knowledge to create successful strategies in the courtroom. This is true for a wide range of issues:

  • Discrimination and wrongful discharge complaints
  • Litigation of sexual harassment and other workplace harassment claims
  • Defense of wage and hour claims including overtime disputes

Contact Dunlap, Grubb & Weaver, PLLC by calling (703) 777-7319 to discuss your employment law concerns with our well-qualified lawyers. At Dunlap, Grubb & Weaver, PLLC, we partner with people and the businesses they run to achieve the best possible results.

Business & Intellectual Property

Military Justice Representation

Our firm specializes in representing members of all branches of the United States military facing criminal and adverse administrative actions. All of our military attorneys served for years in the United States Army, and Dan Grubb continues to serve as a Major in the United States Army Reserve. Given the intricacies and complex nature of the military justice system, our extensive military experience uniquely qualifies us to assist military members facing disciplinary action. Our attorneys know the military justice system inside and out, and our extensive knowledge of the military and military justice system is invaluable to each of our clients.

Our attorneys are experienced litigators who have participated in numerous jury and bench trials. While the military has many skilled and dedicated defense attorneys, their experience is often limited. Moreover, the resources available to military defense attorneys pales by comparison to those available to the government. The government prosecution has numerous attorneys to handle a heavy case load, but the appointed defense attorneys’ office typically has only one or two attorneys to handle the same case load. Additionally, the prosecution office is led by experienced JAG officers who have many years of legal experience, while the appointed defense attorneys’ office commonly is staffed with less experienced officers, many of whom have never done a contested trial. The wealth of knowledge, resources and experience possessed by our attorneys helps to level the playing field for our clients.

Whether you are facing a general court-martial, special court-martial, non-judicial punishment (Article 15), administrative separation, a show-cause board, an appeal from a court-martial conviction or any other adverse administrative action, our attorneys have ample experience and insight to effectively fight to protect your rights. No matter the circumstances, our attorneys have the experience, knowledge and insight to build a strong, effective and compelling defense case on your behalf.

View our blog post on Upgrading Your Military Discharge after Adverse Action

Our Military Attorneys

Until May of 2009, Tom Dunlap was a Captain in the Virginia Army National Guard, and a graduate of Army OCS. He has served as Recon Scout Platoon Leader, and XO for A Troop, 1-158th CAV(RECON), and served as the aide de camp to the Commanding General, 29th Infantry Division and as the Commander of HHC, 116th BSTB Infantry (demolitions qualified, expert qualified M-9 pistol & M-16).

From 2001 – 2005 Ellis Bennett served in the United States Army Judge Advocate General’s Corps. Ellis was recognized as Honor Graduate of the 155th Officer Basic Course of United States Army Judge Advocate General’s School located at the University of Virginia. Subsequently, he served as a military prosecutor at Fort Belvoir, Virginia, and also as a Special Assistant United States Attorney for the Eastern District of Virginia, Alexandria Division. After concluding his service as a military prosecutor, Ellis served as a military defense attorney at Fort Benning, Georgia. While a member of the United States Army Judge Advocate General’s Corps, Ellis was lead trial counsel in numerous courts-martial tried before military judges and juries at various military installations including Fort Belvoir, Virginia, Fort Benning, Georgia, Fort Rucker, Alabama, Redstone Arsenal, Alabama, and Guantanamo Bay, Cuba.

Dan Grubb is a decorated combat veteran of the Global War on Terrorism. He currently holds the rank of major in the Maryland Army National Guard, and has deployed twice to Afghanistan. The Army awarded him two Bronze Stars, the Combat Infantryman Badge and the Combat Action Badge during those deployments.

Lead Counsel & Pro Hac Vice

Local Counsel

With offices in Virginia, Maryland and Washington, D.C., we serve as local counsel in Virginia, local counsel in Maryland and local counsel in the District of Columbia courts to other lawyers and law firms in the state and federal courts of Virginia, Maryland and Washington, DC at all levels. We handle the filing of Virginia pro hac vice motions, Maryland pro hac vice motions and District of Columbia pro hac vice motions. In the event a firm outside of the jurisdiction needs assistance for their client we are hyper diligent and careful with that firm's client relationship and will respect that relationship. We have a lot of experience working with other firms in the manner best suited to that firm's comfort level. Contact attorney tom Dunlap at tdunlap@dglegal.com.

Part of our local counsel practice involves using the least expensive billing rates at the firm for instances where out of state lead counsel is handling substantive matters, but local rule require the presence of local counsel. We have served as local counsel at depositions, hearings, motions trial and mediation. If a case requires more senior attorneys, or the out of state lawyer or firm requires lead counsel, we provide substantive support and lead counsel services. We have relationships and offer local counsel services in our new office location in Florida State and Federal Courts as well as a number of other US states.

Full listing of available local counsel services:
- Local Counsel Virginia Circuit Court, primarily:

  • Fairfax County Circuit Court

  • Loudoun County Circuit Court

  • Arlington County Circuit Court

  • The City of Alexandria Circuit Court

  • Prince William County Circuit Court

    • Local Counsel / Lead Counsel for the Virginia Supreme Court and Virginia Court of Appeals

    • Local Counsel Virginia Federal Court - EDVA & WDVA, primarily:
  • United States Federal District Court for the Eastern District of Virginia, Alexandria Division

  • United States Federal District Court for the Eastern District of Virginia, Richmond Division

  • United States Federal District Court for the Western District of Virginia, Harrisonburg Division

  • United States Federal District Court for the Western District of Virginia, Roanoke Division

  • United States Bankruptcy Court for the Eastern District of Virginia, Alexandria Division

  • United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division

  • United States Bankruptcy Court for the Western District of Virginia, Harrisonburg Division

  • United States Bankruptcy Court for the Western District of Virginia, Roanoke Division

    • Local Counsel Maryland Circuit Court, primarily:

  • Frederick County Circuit Court

  • Montgomery County Circuit Court

  • Prince George's County Circuit Court

    • Local Counsel Maryland Federal Court

  • United States Federal District Court for the District of Maryland, Greenbelt Division

  • United States Bankruptcy Court for the District of Maryland, Greenbelt Division

    • Local Counsel for the District of Columbia Superior Court

    • Local Counsel for the United States Federal District Court for the District of Columbia

    • Local Counsel for the United States Court of Appeals for the District of Columbia

    • Local Counsel for the United States Court of Federal Claims (NB Local counsel not permitted, however we will work as lead counsel for the court, with direction and collaboration with lead counsel).

    • Local Counsel for the United States Court of Appeals for the Federal Circuit

    • Local Counsel for the United States Tax Court

    • Local Counsel United States Court of Appeals 4th Circuit

We have worked for public and private banks, energy companies, biotechnology companies, developers and national construction companies. A listing of our local counsel admissions and practice may be found at the end of this webpage. Call Tom Dunlap directly for more information at 703-777-3885 or 202-316-8558 or 240-744-7150, or via e-mail at tdunlap@dglegal.com.

Virginia - Federal Courts / State Courts

Virginia is divided into the Eastern District of Virginia, with the Alexandria, Richmond, Norfolk and Newport News Divisions (also known as the "Rocket Docket") and the Western District of Virginia, with the Harrisonburg, Lynchburg and Roanoke Divisions.

The Eastern District has a very short and intensive discovery process, generally governed by the Magistrate Judges. Continuances are rarely if ever granted and final trial on the merits can be set anywhere from five to nine months from the date of service. There is a Criminal Motions Docket at 9 a.m. and Civil Motions Docket every Friday at 10 a.m., with most other motions being specially set. We are minutes from the Alexandria courthouse and we do not bill for travel time to any courts in Virginia, Maryland or Washington, DC.

We are also admitted in the United States Bankruptcy Courts for the Eastern and Western Districts of Virginia and regularly practice in both. We are familiar with the judges and their individual and differing policies and attitudes based upon our past experience.

The trial court of general jurisdiction in Virginia is the Circuit Court. We handle matters in the all 31 Circuits (21 courts), including in the General District Courts (courts of limited jurisdiction - $15,000 and landlord tenant matters for possession). We are also admitted to and handle cases in the 4th Circuit Court of Appeals, Virginia Court of Appeals, and Virginia Supreme Court.

Washington, D.C. - Federal Courts / State Courts

While entirely Federal, Washington, D.C. has a court system similar to the state courts of other jurisdictions. The United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit are the courts for Federal matters, however there are state-equivalent courts called the Superior Court and the Court of Appeals. The Courts are located mere blocks from our Washington, DC office.

Maryland - Federal Courts / State Courts

The Federal District Court of Maryland is a single District with two Divisions, one located in Greenbelt and one in Baltimore. The circuit courts of Maryland, are located in all 23 counties and Baltimore City, and are the trial courts of general jurisdiction. We are admitted to all of the Courts in Maryland.

We are admitted to and practice in the United States Tax Court, the United States Court of Appeals for the Federal Circuit, Trademark Trial and Appeals Board, and have regularly handled FAA and NTSB matters.

Federal Courts
United States Supreme Court
United States Tax Court
United States Court of Appeals for the Federal Circuit
United States 4th Circuit Court of Appeals
United States District Court for the Eastern District of Virginia (EDVA)
Alexandria Division
Richmond Division
Norfolk Division
Newport News Division
United States District Court for the Western District of Virginia (WDVA)
Harrisonburg Division
Roanoke Division
Lynchburg Division
United States Court of Appeals for the District of Columbia Circuit
United States District Court for the District of Columbia
United States District Court for the District of Maryland
Greenbelt Division
Baltimore Division
State Courts
Supreme Court of Virginia
Virginia Court of Appeals
Virginia Circuit Courts
Virginia District Courts
Court of Appeals for the District of Columbia
Superior Court of the District of Columbia
Maryland Court of Appeals
Maryland Court of Special Appeals
Maryland Circuit Courts
Maryland District Courts
Other Administrative Courts
Trademark Trial and Appeals Board (TTAB)
Federal Aviation Administration (FAA)
National Transportation and Safety Administration (NTSB)
Certified Financial Planners Board of Standards (CFP BOS)
Department of Labor and Industry (DOLI)

Real Estate & Construction

Real Estate & Construction Litigation Attorneys

Any experienced property developer, building contractor or subcontractor understands that problems can arise during construction projects. In negotiating and reviewing construction contracts, we strive to anticipate any risks therein. These risks include loan defaults, contractor performance issues, and material-supplier quality and delivery issues. Dunlap, Grubb & Weaver provides developers, contractors, design professionals, subcontractors and suppliers fast, cost-effective and sound legal advice to resolve construction disputes including contract litigation, contract termination, insolvency, defect litigation, dispute resolution, lien perfection, lien litigation and most types of construction litigation. Our construction lawyers bring years of experience in resolving and trying commercial and residential construction disputes to each matter they handle.

The firm also handles a wide range of real estate related disputes for developers, owners, buyers and sellers; tenants; brokers; operating and management companies; contractors and lenders. We have in-depth experience with landlord/tenant disputes; construction defect and other construction litigation matters; commission disputes; enforcement of purchase and sale agreements; enforcement of development and operating agreements; litigation of claims under the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and their state law analogs; zoning disputes; enforcement of restrictive covenants; disputes involving home owners and condominium associations; and litigation between borrowers and lenders.

Our firm's job is to make sure that you are not held responsible for someone else's mistake or inability to perform. If you need advice about your rights as either a plaintiff or a defendant in any threatened or impending construction litigation, contact an experienced trial attorney at Dunlap, Grubb & Weaver, PLLC in the Northern Virginia / Washington, DC metro area.

Our firm provides comprehensive client service in all aspects of real estate development and construction. This places us in an excellent position to advise and represent you in litigation on issues ranging from mechanic's liens to fraud. Whether you need to assert a contract or breach of warranty claim, or you need to defend your interest from claims brought against you, we can help. Our experience with complex litigation in construction and other fields enables us to determine and develop broad themes that will be used to explain the facts of your case to a jury, judge, or arbitrator to your advantage.

Representatives Case Types

Among the construction litigation matters that our lawyers handle for plaintiffs and defendants are the following:

• Action against performance or payment bonds
• Enforcement of mechanic's liens
• Construction warranties as to materials, workmanship or latent conditions in residential development
• Fraud, misrepresentation or material nondisclosure claims
• Prime contract or subcontract termination proceedings
• Insurance disputes, including those involving the duty to defend or indemnify under comprehensive general liability policies
• Financing disputes, from loan defaults to lender liability claims
• False claims problems in public construction contracts
• Debarment proceedings before state, federal or municipal contracting agency
• Professional negligence claims involving architects, engineers, surveyors or designers

We represent developers, contractors, homeowners, design professionals and any other party involved in a dispute involving construction contracts, warranties or fraud claims. Our attorneys are equally competent and experienced in negotiation, mediation, arbitration and litigation in state or federal court. We will assist you in resolving your legal matter in as favorable a manner as possible.

Contact Us

For information about our real estate and construction corporate and transactional services please visit our Commercial Real Estate page or our Residential Real Estate page. Alternatively, you are welcome to contact our firm to arrange for a phone or office consultation at 800-747-9354, or overseas at 202-316-8558 or 703-777-7319, and via e-mail at mail@dglegal.com.   

Probate & Estate

Executors & Heirs Who Need Representation

Are you the heir or executor of an estate involved in a dispute regarding a will, real property, property, trust or other estate or probate matter? Working closely with its probate and estate administration practice, the firm handles probate litigation as the need arises. Dunlap, Grubb & Weaver recognizes how frustrating and emotional the experience of handling a loved one's estate can be. We can work towards a successful resolution on your behalf while remaining sensitive to the personal issues and concerns when dealing in this particularly complex area.

Estate Dispute Requiring Probate Litigation

Probate matters in Virginia are handled in Circuit Court and sometime through the Commissioner of Accounts.  If a will dispute, trust contest, disagreement regarding distribution of property, assets or other dispute arises, the firm can step in to protect your rights. Probate disputes can be contentious matters that require the skill of an attorney who understands how to work with people-not against people.

The firm handles estate and probate disputes that involve matters such as the following:

- Asserting rights regarding the invalidity of a will
- Defending the validity of a will
- Undue influence regarding the drafting of a will
- Incompetence involving a decedent's incapacitation or mental incompetence during the drafting of a will
- Additionally, the firm provides representation in probate and estate administration matters that do not require litigation.

Probate litigation is complex, and it is critical to contact a law firm that has substantial experience handling this matter.

Contact a Probate & Estate Litigation Lawyer

For help with probate or estate administration or disputes,contact Dunlap, Grubb & Weaver by calling 800-747-9354, or outside of the United States phone 202-316-8558, or contact us via e-mail at mail@dglegal.com — we are available to meet with our clients in person at their place of business, in our offices, or via video/audio conference.

Bankruptcy

Why Dunlap, Grubb & Weaver for Bankruptcy?

When the U.S. financial system collapsed in 2008, the country sank into a severe recession. The pain of that recession was felt by everyone, including lawyers. Bankruptcy was one of the few areas of law that was thriving. As a result, many lawyers with no previous experience began to dabble in bankruptcy. The results were predictable.

Bankruptcy is extremely complex. It has its own courts, its own rules and its own laws. Lawyers with little or no bankruptcy experience make mistakes.  A large part of our practice since 2008 has been correcting those mistakes.

At Dunlap, Grubb & Weaver, our bankruptcy practice is as old as the firm itself. Thomas Dunlap and Daniel Grubb were practicing bankruptcy law before they started the firm.

We combine our experience in bankruptcy with our other areas of expertise in corporate law and asset protection to provide competent, comprehensive representation to our clients. Representation you can rely upon. Advice you can trust as informed, accurate and tailored to your individual needs. If bankruptcy is not the best solution to your problems, we will tell you that, even if it means losing your business.

Be sure you ask your attorney how long he has been practicing bankruptcy law before you hire him. If you have already suffered from bad bankruptcy advice, contact our firm for help.

 

Bankruptcy Law Library Web Links

Intake Bankruptcy Form