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Overview

"Wayne Travell is a 'seasoned commercial litigator' commended by clients for his 'good judgment' and 'strategic decision making.' He handles an array of commercial litigation in state and federal courts." Chambers USA  

Litigator 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 publically 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 Fleischer, 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 will serve a three-year term.

Recognition

Named to the “Legal Elite,” Civil Litigation, Virginia Business, 2016-2018

Named a “Leader in the Field,” General Commercial Litigation, Virginia, Chambers USA: Guide to America’s Leading Lawyers for Business, 2015-2018

Selected for inclusion as a “Super Lawyer,” Business Litigation, Virginia Super Lawyers, Thomson Reuters, 2018

AV Preeminent Rating, Business Litigation, Martindale-Hubbell

  • chambers 2018
  • Virginia Legal Elite

Experience

Experience

State and Federal Court Litigation

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 publically 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.

Circuit Court for Arlington County.  Represented beneficiaries of an estate against claims by disinherited adult children from a second marriage.

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 claim against publically traded company for return of eight-figure deposit.

Circuit Court of Frederick County, Virginia.  Represented developer in litigation against Home Owner’s Association over enforcement of restrictive covenants.

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.

Circuit Court of Montgomery County, Maryland.  Represented business entity in a dispute between owners.

Superior Court for the District of Columbia.  Defended landowners against claims for defamation and tortious interference with contract.

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.

Superior Court for the District of Columbia.  Defended a Delaware Trust Company against assertion of personal jurisdiction in D.C.

State and Federal Courts in Virginia, Maryland and the District of Columbia.  Defended and prosecuted both employers and employees in suits to enforce covenants against competition.

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. 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

Community

Community

Professional Affiliations

Virginia State Bar Council for the 19th Judicial Circuit, Elected Member, 2018-2021

Virginia State Bar, Faculty of Harry L. Carrico Professionalism Course, Appointed, 2015 – 2018

Fairfax County Judicial Screening Committee, Appointed Alternate Member, 2010 – 2015; Appointed, Permanent Member and Vice Chair, 2015 – 2018; Reappointed as Alternate Member, 2018

Fairfax Law Foundation, Board Member, 2012 – 2014

Fairfax Law Foundation, Fellow, 2013 - present

Fairfax Bar Association, Continuing Legal Education Committee, 2008 – 2012; Co-chair, 2009 – 2011

Federal Bar Association, Northern Virginia Chapter, 2012 - present; FBA Continuing Legal Education Committee, 2017

Virginia Bar Association, Member

American University, J.D.

State University College of New York at Oneonta, B.A.

  • Virginia
  • Maryland
  • District of Columbia
  • Federal Court of Claims
  • U.S. Court of Appeals – Fourth Circuit
  • U.S. Court of Appeals – Federal Circuit
  • 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
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