Whether you are a homeowner having a dispute with a contractor, a subcontractor having issues with prompt payment for your work, or a contractor facing either situation, MichieHamlett has extensive experience in all aspects of construction litigation, from filing or defending Mechanic’s Liens to issues regarding improper draws or poor construction. Because the attorneys at MichieHamlett aren’t limited to only homeowner representation or contractor defense, their knowledge of both sides of construction dispute gives them valuable experience and understanding of the intricacies of this specialized area of the law.

Throughout our long history, MichieHamlett attorneys have assisted business interests of all types in resolving their disputes. Today, members of our Litigation Section carry on that rich tradition every day in state and federal trial courts and appellate courts.

We are known for trying cases. Our attorneys include former federal court clerks and a Fellow of the American College of Trial Lawyers. This reputation and experience accrues to our clients' benefit. During the pretrial stage, we conduct the discovery needed to prepare for trial rather than slavishly following the conventional wisdom. Our adversaries quickly realize we are ready to try our case immediately. They will factor in this point when evaluating settlement. If a case cannot, or should not, settle, we are primed to go to verdict. Our focus on being prepared, responsive, and able to vindicate your company's rights at trial will serve your business interests at every stage of the process.

Having said that, we also understand that the demands of litigation can impose a serious drain on financial and managerial resources. Accordingly, we work with our clients to minimize litigation risks, reduce dispute resolution costs, and preserve important business relationships. Our goal is to protect our clients' rights while conserving their valuable time and resources. As part of this goal, and if appropriate, we guide our clients' consideration of alternative dispute resolution, including mediation and arbitration. The substantial cases we handle are as varied as the companies we represent. We endeavor to understand the complexities of your business to best represent your interests at trial, on appeal, or in alternative dispute resolution.

As a practical routine, we continually collaborate with the attorneys from related practice groups to provide the most detailed, most efficient, and most client-centric counsel.

Business litigation encompasses claims of contract breach; business torts such as fraud, misrepresentation, conversion, and interference with contract; unfair and deceptive trade practices; RICO violations; securities and antitrust violations; and intellectual property claims.

Business Formation
When forming a new business venture, one of the most fundamental questions is choosing the type of legal business entity that best suits your needs. Whether the flexibility and ease of a partnership or the limited liability provided by an LLC, the question of what form of entity you choose can have long-term and far-reaching consequences, especially as your business grows and prospers. In addition, due to extensive state and federal filing requirements for taxation, professional licenses, business licenses, and others, you’ll want an attorney with experience to help you navigate the hurdles of starting up or running your successful small business, especially as it grows larger and begins to face even more complicated legal issues.

The corporate attorneys at MichieHamlett have experience representing sole proprieterships, limited liability companies and partnerships, closely held corporations, and larger, long-term corporations. Because of this, we can advise you at all stages of your business’ formation, from choosing the right corporate form to obtaining initial financing and navigating the state and federal regulatory hurdles.

Our group has extensive experience involving purchase and sale contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, easements, boundary disputes and design and construction defects. We have represented buyers and potential buyers of real estate in a variety of disputes, and litigated on behalf of such diverse clients as a vineyard owner, property managers, and developers of commercial and residential properties. We have also represented property owners in disputes over boundary lines and easement rights as well as the owners of multimillion dollar residences with major design and construction deficiencies pursuing claims against their contractors and others.

Our group also has extensive experience with environmental matters, including representing clients in matters before the Virginia Department of Environmental Quality (DEQ), county planning commissions, and the Army Corp of Engineers.

We have extensive experience in adversarial proceedings, including trials before judges and juries at both the federal and state level. We are also well versed in alternative dispute resolution forums, including nonbinding mediation and binding arbitration.

Our commercial litigators have years of experience in handling investors’ claims against stockbrokers and investment advisers, both through arbitration as required in most investment contracts and, where possible, in court. Common issues in these cases are unsuitability of the investments selected, where the broker or advisor fails to adequately take into consideration the investor’s particular situation and needs; churning of accounts, where the broker engages in excessive trading in order to artificially inflate commissions; failure to follow the investor’s orders; and failure to respond to changing market conditions.

The Securities Litigation Group of MichieHamlett represents investors who have been harmed by the wrongful actions of stockbrokers and investment advisors. Our firm handles investment fraud claims with thorough, efficient, and effective representation.

Residential
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Commercial
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Our attorneys have extensive experience litigating both complex consumer protection claims in the form of class actions, and small individual claims alleging violations of federal or state laws including Virginia’s Consumer Protection Act and Lemon law.  From 2003 through the present, we have pioneered the developing the law of the federal Credit Repair Organizations Act, a 1996 law that we used to successfully challenge the fraudulent use of non-profit and tax exempt status to lure indebted consumers to pay exorbitant fees for debt management plans with so-called non-profit credit counseling companies.  In addition, we have successfully litigated individual Truth in Lending Act claims to protect homes from foreclosure after predatory loans, and a class action involving violations of the Home Owner’s Equity Protection Act.  Our emphasis in consumer protection law is on the use of fee shifting statutes to help individuals with small but serious claims that the consumer might not otherwise be able to afford.

We represent consumers in asserting their rights under a wide variety of state and federal consumer protection laws. We are experienced in enforcing consumers' rights both through national class actions and individual claims brought here in Virginia. We have focused particularly on statutory violations in consumer financial services industries such as the credit counseling industry. We understand consumers' need for strong and aggressive representation when their rights have been violated.

Employee Relations
The firm represent clients in all aspects of employment counseling and employment litigation. This includes advising clients as to best practices in hiring and firing, as well as employee dispute resolution, employee benefits, and compliance with state and federal regulatory law.

Employment Disputes
In the event litigation occurs, the firm has extensive experience in advising on, defending and prosecuting claims of employment discrimination, harassment, retaliation, wrongful discharge, wage and hour violations, misappropriation of trade secrets and confidential information, unfair competition, employee non-competition clauses, labor-management disputes, defamation and other employment-related torts. Our attorneys have experience representing employers before the Virginia Unemployment Commission as well as representing individuals through the Legal Aid Justice Center Unemployment Panel.

Real Estate Financing
The firm represents national, regional and local community banks, institutional lenders, and real estate owners and developers on a wide variety of real estate financing transactions.