Kevin W. Weigand

Counsel
Weigand Kevin

As an experienced trial attorney and business advisor, Kevin Weigand represents clients in disputes related to trust and estate matters, business torts, fiduciary duties, and other commercial conflicts. Kevin has extensive experience in all aspects of the litigation process, and he advises clients on ways to avoid litigation when possible. Kevin’s business clients have included financial institutions, 501(c)(3) organizations, government contractors, software companies, and other businesses of all sizes. His individual clients have included business owners and officers, as well as executors, trustees, and beneficiaries.

Kevin is active in his community, where he provides pro bono representation for individuals in need of assistance and serves as secretary on the board of directors of Stop Child Abuse Now (SCAN), the only region-wide organization focused solely on preventing child abuse and neglect across Northern Virginia.

Experience

Representative Matters

Shareholder and Member Disputes

  • Secured a confidential settlement in the representation of a minority shareholder in an arbitration dispute relating to oppressive conduct by majority shareholders (American Arbitration Association)
  • Represented LLC members in disputes involving ownership interests and claims of fiduciary duty violations (Fairfax Cir.)
  • Represented minority members of an LLC in a dispute involving alleged breaches of fiduciary duties and requests for dissociation and dissolution (Loudoun Cir.)
  • Represented the president and CEO of an LLC in connection with a dispute over membership interests (Fairfax Cir.)
  • Represented a member of an LLC in a dispute over payments of capital contributions (Fairfax Cir.)

Trust and Estate Litigation

  • Represented a trustee and executor in a dispute over alleged breaches of fiduciary duties (Fairfax Cir.)
  • Represented a 501(c)(3) organization in a dispute involving the validity of a last will and testament naming the organization as the primary beneficiary (Minnesota)
  • Represented a 501(c)(3) organization in a dispute in which a family member alleged undue influence (Florida)
  • Represented a 501(c)(3) organization in a dispute relating to the proper beneficiaries of a last will and testament, including issues related to a successor entity’s entitlement to the bequest (Arlington Cir.)
  • Defeated a motion for temporary injunction seeking to remove an administrator (Fairfax Cir.)
  • Defended a claim against an estate before the commissioner of accounts (Fairfax)
  • Assisted beneficiaries in reaching an equitable resolution in a dispute involving a life estate
  • Represented corporate trustees in actions relating to the appointment of successor trustees (Norfolk Cir., Henrico Cir.)

Domain Name Litigation

  • Represented a large domain name registry in actions involving new generic top-level domain operators (E.D. Va.)
  • Represented a large financial institution in securing recovery of a domain name through in rem action under the Anti-Cybersquatting Consumer Protection Act (ACPA) (E.D. Va.)
  • Represented a foreign company in an emergency matter securing recovery of a domain name through an in rem action under the ACPA (E.D. Va.)
  • Represented a large retailer in an emergency matter securing recovery of over 50 domain names held by Internet scammers through an in rem action (E.D. Va.)

Lanham Act False Advertising and Trademark Litigation

  • Obtained a nationwide permanent injunction on behalf of a client to prevent infringement of the client's trademark (E.D. Va.)
  • Obtained a summary judgment on behalf of a cleaning product manufacturer in a Lanham Act false advertising case (D. Mass.)
  • Obtained injunctive relief on behalf of a food products company stemming from false and misleading allegations about the company’s product (N.D.N.Y.)
  • Represented food products companies in disputes filed with the National Advertising Division of the Better Business Bureau

Government Contracts Litigation

  • Obtained and collected a judgment against a subcontractor concerning weapons supply and security in Afghanistan (E.D. Va.)
  • Obtained injunctive relief on behalf of a government contractor based on alleged misappropriation of trade secrets (E.D. Va.)
  • Defended a government contractor against allegations concerning alleged misappropriation of trade secrets (E.D. Va.)
  • Represented a prime contractor in a dispute concerning alleged breaches of contract by a subcontractor
  • Represented a prime contractor in a dispute with the government concerning alleged overcharges (D.D.C.)

Professional Liability Litigation

  • Obtained dismissal on behalf of a law firm in a legal malpractice action based on the attorneys’ underlying representation of a client in a child custody matter (D.C. Super. Ct.)
  • Secured a confidential settlement in representation of an AmLaw 100 firm in a legal malpractice action (Fairfax Cir.)

Other Commercial Litigation Matters

  • Successfully defended a landlord against a motion for injunctive relief stemming from a commercial lease dispute (D.D.C.)
  • Successfully defended a Virginia municipality in an appeal alleging arbitrary and capricious action by the governing body in connection with the regulation of structures in its historic district
  • Represented landlords and tenants in commercial lease disputes in various Virginia courts
  • Obtained a summary judgment award for an executive in a stock options case (E.D. Va.)
    Represented an international software company in licensing disputes (E.D. Va.)
    Obtained a preliminary injunction on behalf of a meat producer in connection with a dispute over a processing contract (W.D. Mo.)

Insights

Credentials
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Education

  • J.D. William & Mary School of Law 2010
    • Managing editor, William & Mary Environmental Law & Policy Review
  • B.S. summa cum laude Northeastern University 2007

Bar Admissions

  • Virginia
  • District of Columbia
  • Ohio

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Federal Claims

Clerk Experience

  • Honorable Richard B. Potter Circuit Court for the 31st Judicial District of Virginia

Professional Memberships and Activities

  • Member and former regional director, Virginia Association of Defense Attorneys
  • Member, American Bar Association
  • Member, Federal Bar Association
  • Member, Fairfax Bar Association

Community
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Pro Bono

  • Frequently provides pro bono legal services at clinics in the Northern Virginia area
  • Assisted victims with prosecuting claims for consumer protection law violations
  • Helped low-income families navigate government benefits regulations
  • Drafted last wills and testaments and transfer-on-death deeds for senior citizens
  • Represented clients in disputes before the Social Security Administration regarding disability benefits
  • Assisted low-income individuals with navigating family law issues and obtaining divorces
  • Represented unaccompanied minors who had been abandoned, abused, or neglected in their efforts to obtain Special Immigrant Juvenile Status
  • Assisted domestic violence victims with obtaining civil protection orders

Personal Activities

  • Member, Board of Directors, SCAN of Northern Virginia