The Commercial Disputes practice group of Hirschler Fleischer is unique among its peers in offering big firm litigation experience and expertise in specialty litigation areas such as securities, anti trust, business torts and other "bet the company" litigation without the trappings and cost typical of a big law firm. Hirschler Fleischer trial attorneys have handled some of the largest and most complex litigation matters in the courts of the Commonwealth of Virginia and in the United States District and Bankruptcy Courts for the Eastern and Western Districts of Virginia. The federal courts in Virginia are known nationwide as the "Rocket Docket," a reference to the speed at which matters are set for trial and concluded. Firms that practice in these courts must have sufficient personnel with federal court experience available to devote the attention that these matters require and meet the court's expectations. Many smaller and mid size firms refer federal cases elsewhere for this reason. As the sample of reported cases below will attest, Hirschler Fleischer trial attorneys appear in both the state and federal courts in Virginia.

 

            Among the reported cases handled by Hirschler Fleischer trial attorneys are:[1]

  • Havens Realty Corporation, et al. v. Sylvia Coleman, et al., 455 U.S. 363, 102 S.Ct. 1114 (1982)
  • Wood v. MorEquity, Inc., 331 Fed.Appx. 243, 2009 WL 1426906 (4th Cir. 2009)
  • Davis v. Cole, 999 F.Supp. 809 (E.D. Va. 1998)
  • In re Jevic Holding Corp., 2011 WL 4345204 (Bankr. D. Del. 2011)
  • In re The Mobile Team, LLC, 447 B.R. 512 (Bkrtcy.E.D.Va. 2011)
  • In re Gray (Roy M. Terry, Jr. v. American General Financial Services of America, Inc.), 338 B.R. 700 (Bankr. E.D. Va. 2006)
  • Riverside Healthcare Assn. v. Forbes, 281 Va. 522, 709 S.E.2d 156 (2011)
  • Virginia Home for Boys and Girls v. Phillips, 279 Va. 279, 688 S.E.2d 284 (2010)
  • Board of Supervisors of Loudoun County, et al. v. Town of Purcellville, 276 Va. 419, 666 S.E.2d 512 (2008)
  • Cangiano v. LSH Building Co., LLC, 271 Va. 171, 623 S.E.2d 889 (2006)
  • Eagle Harbor, LLC v. Isle of Wight County, 271 Va. 603, 628 S.E.2d 298 (2006)
  • Perel v. Brannan, 267 Va. 691, 594 S.E.2d 899 (2004)
  • Richardson v. Amresco, 267 Va. 43, 592 S.E.2d 65 (2004)
  • Virginia Financial Associates, Inc. v. ITT Hartford Group, Inc., 266 Va. 177 585 S.E.2d 789 (2003)
  • Chesterfield Meadows Shopping Center Associates, L.P. v. Smith, 264 Va. 350, 568 S.E.2d 676 (2002)
  • Smith v. Chesterfield Meadows Shopping Center Associates, L.P., 259 Va. 82, 523 S.E.2d 834 (2000)
  • Hubbard v. Henrico Limited Partnership, 255 Va. 335, 497 S.E.2d 335 (1998)
  • Norris v. Mitchell, 255 Va. 255, 495 S.E.2d 809 (1998)
  • Board of Zoning Appeals of James City County v. University Square Associates, 246 Va. 290, 435 S.E.2d 385 (1993)
  • County of Fairfax v. Fleet Indus. Park Ltd. Partnership, 242 Va. 426, 410 S.E.2d 669 (1991)
  • County of Fairfax v. Southern Iron Works, Inc., 242 Va. 435, 410 S.E.2d 674 (1991)
  • Barrick v. Board of Supervisors of Mathews County, 239 Va. 628, 391 S.E.2d 318 (1990)
  • Counts v. Stone Container Corp., 239 Va. 152, 387 S.E.2d 481 (1990)
  • Fidelity and Guaranty Insurance Underwriters, Inc. v. Allied Realty Co., Ltd., 238 Va. 458, 384 S.E.2d 613 (1989)
  • J.W. Woolard Mechanical & Plumbing, Inc. v. Jones Development Corp., 235 Va. 333, 367 S.E.2d 501 (1988)
  • City of Charlottesville v. DeHaan, 228 Va. 578, 323 S.E.2d 131 (1984)
  • Hening v. Maynard, 227 Va. 113, 313 S.E. 2d 379 (1984)
  • Pearsall v. Virginia Racing Commission, 26 Va. App. 376, 494 S.E.2d 879 (1998)

Although the Commercial Disputes practice group is capable of handling large and/or complex litigation matters, we do not just handle "mega case" litigation. As a full service law firm, we represent firm clients in all courts including the General District Courts where the amount in controversy is limited to $25,000 or less on an efficient and cost effective basis.

The cost of litigation, particularly with the advent of "e discovery," has come to the point where the economic viability of the trial process itself is in jeopardy. Accordingly, we aggressively seek out alternatives both to traditional litigation as a dispute resolution mechanism and to traditional law firm hourly billing. Hirschler Fleischer attorneys are well versed in all forms of alternative dispute resolution including mediation, arbitration and private adjudication. These alternatives offer the promise of greatly reduced cost and rapid resolution of disputes. Particularly in the business context, these alternative forms of dispute resolution often will preserve the parties' ongoing relationship to mutual advantage. Likewise, while the concept of "value billing" has received a lot of attention in the legal press of late, Hirschler Fleischer attorneys have always recognized the need to deliver value at or above the sum billed and invite discussion with clients at the outset of litigation of anticipated cost. Where possible, we will provide a detailed litigation budget and will use this budget in the billing process to benchmark our efficiency in staffing and handling of the matter. We also embrace opportunities to bet on our ability to produce superior litigation results through contingent fees or hybrid fee arrangements.

Efficiency in the handling of litigation matters necessitates the delegation of work to associates and paralegals. However, each matter will be closely supervised by a more seasoned lawyer. Associates are not delegated matters they are not fully trained to handle. Junior associates will frequently join meetings or attend hearings purely for training purposes. In those cases, we do not bill for the associate's time. Thus, Hirschler Fleischer clients needn't worry that they are paying to train our associates. As the junior associates matures, he or she will be progressively delegated a more prominent role in the case with the goal being that each task is handled by the attorney at the lowest possible rate that is fully competent to handle the matter at hand.

Dating back to the 1970's, Hirschler Fleischer was one of the first firms in Virginia to undertake coding litigation documents into a searchable electronic database. Since then, we have strived to stay on the front of the technological wave as more and more sophisticated litigation support tools become available. One of our former attorneys heads a company that specializes in electronic litigation support using technology originally developed while at Hirschler Fleischer. Where the demands of the case require, we are capable of imaging documents and building searchable databases. We also routinely obtain depositions and other transcripts in searchable electronic form. Hirschler Fleischer attorneys have used multi media presentations in courtroom settings and where courts will permit iPads and notebook computers are part of our regular trial arsenal. Our firm network supports Blackberry, Android and iPhones and each of our trial attorneys uses one or more of these mobile devices to maintain connectivity with the office and our clients.

            Hirschler Fleischer litigation attorneys are prolific writers and lecturers on topics related to trial practice. Our trial lawyers are among the Adjunct Faculty of University of Richmond School of Law teaching Virginia Civil Procedure and Advanced Trial Practice. We have published in University of Richmond Law Review's Annual Survey issue on Recent Developments in Civil Litigation and other scholarly journals and bar publications. Continuing legal education seminars taught by members of our team are too numerous to list.  We also include among our group former Presidents of the Richmond Bar Association and the Virginia Women's Bar Association. In addition to other professional distinctions, one of our senior trial lawyers is a member of the American College of Trial Lawyers. We currently have nine of our trial lawyers listed in "Best Lawyers in America" under various litigation categories including Commercial Litigation, "Bet the Company" Litigation, Employment Litigation, Eminent Domain, Personal Injury Litigation, Construction Litigation and Bankruptcy/Creditors Rights. Given that the total population of our trial section including all of our associates is only twenty-four, this is a level of proportional representation that even the largest Virginia firms cannot match. Other lists of top trial lawyers such as Virginia Business' "Legal Elite" and "Super Lawyers" regularly feature Hirschler Fleischer trial lawyers as well.

            We very much look forward to the opportunity to be of service to your or your business in resolving commercial disputes by negotiated settlement, litigation, mediation, arbitration or private adjudication in an advantageous, cost effective and timely manner.


[1] Case Results Do Not Guarantee A Similar Result in Any Future Case.