Litigation & Dispute Resolution

After trial, cases often take on a new life in the appeals process. While some firms may shy away from handling difficult appellate cases, we relish the challenge and the opportunity to prevail for our clients. BotkinRose has expertise in handling complex legal issues before state, federal, and administrative appellate tribunals. Our attorneys have handled major appeals in the Supreme Court of Virginia and the U.S. Court of Appeals for the Fourth Circuit that have helped to define and shape civil law.

BotkinRose attorneys are dedicated to helping protect the rights and interests of our clients that become entangled in a lawsuit. We have experience in all areas of litigation. We work closely with our clients to reach a settlement agreement with the adversary or seek alternative dispute resolution when necessary so that the case ends in a favorable and cost-efficient outcome for our client.

While BotkinRose assists our clients with entity selection, capital formation and legal creation of your business, we are also there in the event that a claim is filed against your business. A breach of contract is commonly the cause of a commercial dispute. However, your business may also become subject to other disputes, such as partnership disputes or dissolution, corporate dissolution, trade secret infringement or real estate dispute. Whatever the claim, we provide our clients with practical and effective commercial litigation representation.

The construction litigation practice at BotkinRose understands the issues and complexities surrounding major building projects. We speak your language; with strong backgrounds in real estate, finance and contract law, in-depth knowledge of local regulations and legislation, and real-world experience in related areas of engineering and construction management, we help clients in litigating and arbitrating complex construction disputes. Our attorneys have vast experience in the prosecution and defense of all types of construction claims brought by or against owners, developers, contractors, subcontractors, architects, construction managers, suppliers, manufacturers and design professionals.

With the increased use of do-it-yourself will kits, more complicated family units (i.e., second marriages and blended families), and manipulation of the growing elderly population, litigation over the interpretation and intent of a will is on the rise. If your elderly parent changed his/her will and left everything to a caretaker or sibling under suspicious circumstances, we can help you fight for your inheritance. If you are the Executor or primary beneficiary under a will being contested, we can help you to defend the integrity of the will in question.

When more than one person owns or uses land, disputes may arise with regard to boundary lines, rights to access a road or well, who must maintain, and even who owns certain parcels of land. These disputes often arise as actions for “quiet title” or “adverse possession.” BotkinRose attorneys can help you protect your rights by bringing action to assert your claim or to defend your property from encroachment by neighbors.

If you have been seriously harmed or injured through the negligence of another, BotkinRose offers professional, and personal representation to help you achieve the maximum recovery you deserve. Whether the accident involved a boat, motorcycle, tractor trailer, car, or even if you were a pedestrian struck by a vehicle or were injured by a defective product in a products liability situation, we understand the laws and complex principles which apply to this constantly changing area of the law. When personal injury victims negotiate directly with insurance companies without a lawyer, full and fair compensation is rare. We will guide you through the process, explain your rights, and work to obtain a fair settlement for you short of trial. However, if the insurance company will not agree to a fair settlement, we will aggressively represent you at trial to protect your legal rights. 

If your current circumstances involve a dispute over local, state and federal taxes, the BotkinRose attorneys have the experience and expertise to thoroughly evaluate the merits of complex tax issues and to develop creative arguments in regards to your current tax dispute. Our knowledge of local, state and federal tax law enables us to provide detailed, persuasive arguments in an attempt to achieve successful results outside of the tax appeals process. If a favorable resolution of a tax controversy cannot be achieved through negotiation or settlement, our tax litigation practice attorneys have the experience to pursue your tax claim or defense in the administrative process, as well as in state and federal courts.