Business Litigation FAQs

Q. Would you review my non-compete agreement and tell me if it is enforceable?

A. We are happy to review your Virginia non-compete contract, employment contract, non-solicitation agreement, or non-disclosure agreement, so that you can better understand your rights and obligations and share with you recent court decisions that may control your situation. We will provide you with a letter opinion that you can share with a new employer during the hiring process to address any concerns. We can discuss the best strategies and tactics in dealing with your contract.

Q. Will my ex-employer pay for your attorneys’ fees if I win?

A. It depends on the language in your Virginia employment contract. Your employer will be required to pay for attorneys’ fees and costs at the end of litigation if your contract includes a provision that states the prevailing party must pay for all costs in a dispute. We would need to review your contract for you to advise whether a court would enforce a fee p.

Q. Should I fight my non-compete, offer settlement, or just wait it out?

A. The decision to challenge your Virginia non-compete contract, reach a settlement, or wait for it to expire depends on your individual situation. Every case is different, and during our review, we will discuss your options. If you decide to fight your non-compete, then we will defend you in any lawsuit against your former employer, or in the alternative, proactively file a declaratory judgment action with the court asking a judge to invalidate the contract.

Q. How much will a business litigation or non-compete claim cost?

A. Every case is different and depends on the length of the contract for the initial review. In the event that you need to retain us for litigation, such as a claim to invalidate the contract and defend against any countersuit, we have successfully concluded cases where no more than several hundred dollars in fees and costs have been incurred. In other cases, the costs for hourly attorneys’ fees and experts may exceed several thousand dollars, and we would work with you to make satisfactory financial arrangements for litigation.

Q. Will we have to go to trial?

A. Most business litigation cases are settled before trial. Many will require months of preparation, including depositions, motions hearings with the court, and other pretrial matters, before a resolution can be reached. It is impossible to know which cases will settle and which will be tried in a court of law. Although it is ultimately your ex-employer’s decision whether to file suit against you for breach of a non-compete contract, we advise our clients not to undertake a rigorous defense unless you are committed to try the case if necessary.