Overview
"Wayne Travell is a 'seasoned commercial litigator' commended by clients for his 'good judgment' and 'strategic decision making.' He is cited as 'a very responsive and bright attorney, who has the right arguments and presents them well in court.'" Chambers USA
Trial lawyer Wayne Travell’s primary goal is to develop a strong working relationship with his business clients so that, together, they can design a dispute resolution strategy that is specifically tailored to the company’s business objectives. Business disputes are a fact of life. At times, that means going “all-in” on bet-the-business, high-stakes litigation; more often, it means working with the opposing party to fashion a resolution that serves the ends of both, particularly where the parties may need to live and work in the same industry.
Wayne works closely with owners of privately held businesses and with general counsel and senior executives of publicly traded companies to understand their industries and the results that will best suit their overall strategy. He strives to provide clients with a sober and objective evaluation of the strengths and weaknesses of their circumstances and to guide them toward a successful resolution of their disputes.
Wayne brings more than three-and-a-half decades of experience as a trial and appellate advocate in the state and federal courts in Virginia, Maryland, the District of Columbia and elsewhere. He also has tried arbitration cases before the American Arbitration Association, JAMS/Endispute, and numerous private arbitration panels. He is a trained and experienced mediator and has had great success in achieving mediated settlements.
Wayne regularly serves as local counsel for out of state firms in the federal and state courts of Virginia, Maryland, and the District of Columbia and has served as lead counsel in lawsuits filed in Delaware and New Jersey.
Prior to joining Hirschler, Wayne served as managing partner of Leach Travell, a firm he co-founded with Steve Leach in January 2003. Before that, he was a litigation partner in the Tysons office of Venable LLP and a shareholder, head of the litigation group, and a member of the management committee, at Tucker Flyer P.C. in Washington, D.C.
In 2018, Wayne was elected to the Virginia State Bar Council for the 19th Judicial Circuit, for which he is currently serving a three-year term.
Recognition
Selected for inclusion in Best Lawyers in America, Commercial Litigation, 2020-2023
Selected for inclusion as a “Super Lawyer,” Business Litigation, Virginia Super Lawyers, Thomson Reuters, 2018-2022
Named a “Leader in the Field,” General Commercial Litigation, Virginia, Chambers USA: Guide to America’s Leading Lawyers for Business, 2015-2022
Named to the “Legal Elite,” Civil Litigation, Virginia Business, 2016-2020, 2022
AV Preeminent Rating, Business Litigation, Martindale-Hubbell
Experience
Experience
State and Federal Court Litigation
Superior Court of New Jersey, Chancery Division: Burlington County. Over the course of 2 years, successfully defended seven applications for emergency relief filed by one of the mid-Atlantic's largest doctor groups. Obtained a recommendation and report from the Special Master which awarded client damages of $40 million.
United States District Court for the Eastern District of Virginia. Successfully defended a telecommunications manufacturer against an application for a temporary injunction filed by a former channel distributor.
United States District Court for the Eastern District of Virginia. Successfully defended an account executive against an application for a temporary injunction filed by a former employee seeking to enforce a covenant against competition.
Delaware Chancery Court. Filed an emergency action to enforce “drag-along” rights of minority members of a privately owned physician-group management company. When the settling defendants breached the settlement agreement, obtained a permanent injunction to enforce the settlement agreement.
Delaware Chancery Court. Counseled publicly traded company in purchase price adjustment dispute arising under an asset purchase agreement: Defended purchaser against claim for purchase price adjustment and prosecuted counterclaims against seller for fraud and breaches of representations and warranties, including non-GAAP compliant financial statement and balance sheets.
Superior Court Ocean County, New Jersey. Defended municipal contractor against claims for alleged defect in materials and workmanship.
Circuit Court for Fairfax County, Virginia. Prosecuted claims on behalf of publicly traded company for damages for breach of contract against a satellite communications provider.
Circuit Court for Loudoun County, Virginia. Obtained verdict and enforced judgment against current and former employees of the company for breach of duty of loyalty, theft of trade secrets and unfair competition.
Circuit Court of for Prince William County, Virginia. Defended commuter rail operations and maintenance contractor against claims by terminated subcontractor.
Superior Court for the District of Columbia. Represented landlord in complex commercial dispute which included prosecuting or defending cases filed in the U.S. Bankruptcy Court, the Landlord & Tenant Branch and Civil Actions Branch of the Superior Court and the United States District Court in the Eastern District of Virginia.
Arbitration
Enforced and successfully prosecuted an independent accountant arbitration purchase-price adjustment dispute.
Enforced remedies against defaulting purchaser of an estate property.
Defended founders of a failed startup against claims for self-dealing, fraud and misrepresentation.
Prosecuted claims by a former law firm partner against her former law firm.
Mediation
Represented personal representatives and beneficiaries in resolving claims for breach of contract to make a will, undue influence and diminished capacity.
Represented seller of an estate property in resolving claims of real estate agent for commissions.
Represented hotel manager in resolving claims for breach of hotel management agreement.
Represented founders in resolving disputes for control of entity against claims by later investors.
Represented company in resolving claims against law firm which provided negligent advice pertaining to an employee stock ownership plan.
Business Dispute Counseling
Negotiated dispute between key employee and government contractor over the value of stock options.
Counseled municipal contractor in bid protests, succession planning, and employee disputes.
Counseled business owners in closely held companies with regard to disputes among owners and implemented both consensual and non-consensual exit strategies.
Counseled lawyers and practice groups moving from one private law firm to another or organizing a new firm.
Expert Witness
Qualified as an expert with regard to reasonableness of attorneys’ fees in federal and state court cases including: http://www.leagle.com/decision/In%20FDCO%2020160531B37/SALIM%20v.%20DAHLBERG.
Provided expert opinion with regard to the duties of a member of a limited liability company under operating agreement and LLC statute.
Perspectives
News
Publications
Community
Beyond the Law
Beyond the Law
Wayne and his wife Ann raised their 2 daughters on their horse farm near the Blue Ridge Mountains in Northern Virginia. The horses are gone and the girls are now young women who have moved on to pursue their own lives, but Wayne and Ann still have two cats in the barn and enjoy gardening and life outdoors with their Australian Shepherd/Corgi mix, Buddy. Wayne is an amateur wood worker, an avid reader and books-on-tape listener. He and Ann enjoy train travel to NYC (Wayne's hometown) for their theater and city-life fixes and also enjoy annual family trips to the Outer Banks. It has been, and continues to be, a good life for which The Travell Family is very grateful!
Services
Education
American University of Washington College of Law, J.D.
State University College of New York at Oneonta, B.A.
Admissions
- Virginia
- Maryland
- District of Columbia
- U.S. Court of Appeals – Fourth Circuit
- U.S. Court of Appeals – Federal Circuit
- U.S. Court of Appeals – District of Columbia
- U.S. Court of Federal Claims
- U.S. District Court – Eastern District of Virginia
- U.S. District Court – Western District of Virginia
- U.S. District Court – District of Maryland
- U.S. District Court – District of Columbia
- U.S. Bankruptcy Court – Eastern District of Virginia