Included in "The Best Lawyers in America" for professional excellence in Commercial Litigation, 2022
Attorneys often list “Commercial Litigation” as one of their practice areas, without further specifying the types of claims that they have handled.
Lawyers themselves are often unable to set forth the totality of “Commercial” claims contemplated under this the broad category. A commercial dispute might arise out of rights and remedies available at common law, i.e., a claim for damages for breach of contract; or under statutes authorizing a cause of action arising out of a business transaction; or arising out of a combination of common and statutory law, i.e., a claim under the Sherman Act that addressed antitrust complaints, based upon illegal contracts. The combination of common law and statutory claims that could arise out of a business transaction is virtually limitless.
A lawyer who states that he or she practices in the field of Commercial Litigation invokes an expansive and non-informative category of claims. The better approach is for the attorney to identify the types of commercial disputes that he or she handles. The types of commercial cases that Mr. Wilson has either tried, resolved through mediation, or settled, generally involve construction claims, commercial landlord-tenant disputes, lawsuits involving rights in land and real property (including tax appeals and condemnation/eminent domain matters) and every imaginable manner of enforcing contract rights and remedies, when businesses squabble.
Landlord / Tenant Disputes
Mr. Wilson’s practice includes representing commercial landlords in a variety of tenant disputes. He is the co-author of the “Defaults and Remedies” chapter in the Virginia Lawyers Practice Handbook “Landlord Tenant Law and Practice in Virginia,” with over thirty years representing commercial shopping centers, office and retail complexes, and other commercial landlords. Although most cases involve reclaiming possession of the leased premises and recovering past amounts owed, Mr. Wilson has also litigated complex CAM disputes, premises liability claims, and other types of commercial lease defaults. A commercial landlord knows that any delay that allows the non-paying tenant to remain in possession impacts the ability to negotiate with a new tenant. Mr. Wilson understands that navigating through the default process is essential to your rental revenue and, more importantly, understands the procedures on how best to expedite a solution.
Eminent Domain / Condemnation
Mr. Wilson previously represented Verizon in condemnation matters and has also represented numerous landowners whose property was then subject to being taken in an eminent domain proceeding, typically instituted by VDOT or a local government. Being familiar with the procedural twists of this type of litigation, as well as being knowledgeable concerning the central issue of valuation, is critical. Contact Mr. Wilson if your property is being condemned or under threat of condemnation to see if he can help you even the playing field with the condemning authority.
Commercial Litigation and Business Contract Claims
Mr. Wilson has a diverse practice in commercial litigation, whether involving contracts, real property rights, or both. Throughout his three decades of trying cases, the majority of his clients have been involved in business disputes. These cases have been as diverse as the nature of the client’s business activities. The litigation process, however, remains the same. Do not wait until it is too late to hire the experienced counsel that you need to guide you toward a resolution.