Kevin W. Weigand

Representative Matters

Shareholder and Member Disputes

• Represented minority members of an LLC in a dispute involving alleged breaches of fiduciary duties and requests for dissociation and dissolution (Loudoun Circuit Court)
• Represented LLC members in disputes involving ownership interests and claims of fiduciary duty violations (Fairfax Circuit Court)
• Successfully defended the president and CEO of an LLC in connection with a dispute over membership interests (Fairfax Circuit Court)
• 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 a member of an LLC in a dispute over payments of capital contributions (Fairfax Circuit Court)
• Obtained a summary judgment award for an executive in a stock options case (U.S. District Court for the Eastern District of Virginia)

Trust and Estate Litigation

• Represented a trustee and executor in a dispute over alleged breaches of fiduciary duties (Fairfax Circuit Court)
• Represented a trustee and executor in a dispute with co-trustees and co-executors over certain distributions (Superior Court of the District of Columbia)
• Represented a trustee and beneficiary in a dispute seeking reformation of a trust instrument (Loudoun Circuit Court)
• Represented a 501(c)(3) organization in a dispute challenging the appropriateness of a bequest to the organization following a merger (Superior Court of the District of Columbia)
• 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 (Hennepin County Circuit Court, Minnesota)
• Represented a 501(c)(3) organization in a dispute in which a family member alleged undue influence (Circuit Court for Palm Beach County, 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 (Alexandria Circuit Court)
• Defeated a motion for temporary injunction seeking to remove an administrator (Fairfax Circuit Court)
• Defended a claim against an estate before the Commissioner of Accounts (Fairfax Circuit Court)
• Assisted beneficiaries in reaching an equitable resolution in a dispute involving a life estate
• Successfully obtained court approval of a transaction involving trust property under the Internal Revenue Service’s (IRS) exception to self-dealing by private foundations (Fairfax Circuit Court)
• Represented corporate trustees in actions relating to the appointment of successor trustees (Norfolk Circuit Court, Henrico Circuit Court)

Domain Name Litigation

• Represented a large domain name registry in actions involving new generic top-level domain operators (U.S. District Court for the Eastern District of Virginia)
• Obtained multiple temporary restraining orders to shut down and/or transfer domain names as a result of violations of the Anti-Cybersquatting Consumer Protection Act (ACPA) (U.S. District Court for the Eastern District of Virginia)
• Represented a large financial institution in securing recovery of a domain name through in rem action under the ACPA (U.S. District Court for the Eastern District of Virginia)
• Represented a foreign company in an emergency matter securing recovery of a domain name through an in rem action under the ACPA (District Court for the Eastern District of Virginia)
• Represented a large retailer in an emergency matter securing recovery of over 50 domain names held by Internet scammers through an in rem action (U.S. District Court for the Eastern District of Virginia)
• Secured suspension of a domain name by a website after the domain name was used to send phishing emails purporting to be from the recruiting department of a government contractor
• Secured take-down of content from a website under the Digital Millennium Copyright Act (DMCA) due to copyright infringement

Complex Business Disputes

• Successfully obtained a temporary restraining order on behalf of an employer against an employee based on allegations of threatened misappropriation of trade secrets (U.S. District Court for the Eastern District of Virginia)
• Represented an employee in a dispute with an employer over unpaid bonuses (Fairfax Circuit Court)
• Represented an international software company in licensing disputes (U.S. District Court for the Eastern District of Virginia)
• Obtained a preliminary injunction on behalf of a meat producer in connection with a dispute over a processing contract (U.S. District Court for the Western District of Missouri)
• Successfully defended a landlord against a motion for injunctive relief stemming from a commercial lease dispute (U.S. District Court for the District of Columbia)

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 (U.S. District Court for the Eastern District of Virginia)
• Obtained a summary judgment on behalf of a cleaning product manufacturer in a Lanham Act false advertising case (U.S. District Court for the District of Massachusetts)
• Obtained injunctive relief on behalf of a food products company stemming from false and misleading allegations about the company’s product (U.S. District Court for the Northern District of New York)
• Represented a food product company in a dispute 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 (U.S. District Court for the Eastern District of Virginia)
• Obtained injunctive relief on behalf of a government contractor based on alleged misappropriation of trade secrets (U.S. District Court for the Eastern District of Virginia)
• Defended a government contractor against allegations concerning alleged misappropriation of trade secrets (U.S. District Court for the Eastern District of Virginia)
• 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 (U.S. District Court for the District of Columbia)

Other Commercial Litigation Matters

• 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
• 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 (Superior Court for the District of Columbia)
• Secured a confidential settlement in representation of an Am Law 100 firm in a legal malpractice action (Fairfax Circuit Court)

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 Southern District of Texas
• 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
• Member, Virginia Bar Association

Pro Bono

• Assisted a victim with prosecuting a claim for consumer protection law violations
• Helped a low-income family navigate government benefits regulations
• Drafted a last will and testament and transfer-on-death deed for a senior citizen
• Represented a client in disputes before the Social Security Administration (SSA) regarding disability benefits
• Assisted a low-income individual with navigating a family law issue and obtaining a divorce
• Represented an unaccompanied minor who had been abandoned, abused, or neglected, in an effort to obtain Special Immigrant Juvenile Status (SIJS)
• Assisted a domestic violence victim with obtaining a civil protection order
• Assisted a low-income individual with obtaining sole physical and legal custody of a minor child

Personal Activities

• Member, Board of Directors, SCAN of Northern Virginia