Washington DC Business Litigation Attorney

Name: Waxman Litigation — Chevy Chase office
Address: 5425 Wisconsin Ave Ste 600, Chevy Chase, MD, 20815, US

Business litigation is the resolution of disputes between companies, and between a company and the people who own or run it, contracts, ownership and control, fiduciary duties, competition and confidentiality, and the recovery of diverted money. In the District of Columbia most of these cases are heard in the Civil Division of the Superior Court of the District of Columbia, with federal matters in the U.S. District Court for the District of Columbia. Waxman Litigation acts for companies and their boards, not for the employee or the relator on the other side.

Key takeaways

Business litigation is the resolution of disputes between companies, and between a company and the people who own or run it, contracts, ownership and control, fiduciary duties, competition and confidentiality, and the recovery of diverted money.
Some business disputes cannot wait for an ordinary schedule: assets moving, a customer list walking out, a business being locked.
Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption, before moving into private practice.
Most D.C. business claims run on a three-year clock, but three of the deadlines that matter most in commercial disputes are not three years.
The duty owed depends on the entity, and the District sets a separate standard of conduct for each one, partners, LLC members and managers, and corporate directors are governed by three different sections.

Which side does the firm act for?

The company’s side. That is a deliberate position rather than a marketing line, and it runs through every page below: employer-side in restrictive-covenant and employment disputes, company-side in investigations, and defense-side in False Claims Act matters. It means the firm can act for the business without the conflicts that come from also representing claimants against businesses.

Where are DC business disputes heard?

Court	Address	What it handles
Superior Court of the District of Columbia	500 Indiana Ave NW, Washington, DC 20001	Civil Division — most DC business disputes, including judicial dissolution and receivership applications
E. Barrett Prettyman United States Courthouse	Washington, DC 20001	Federal claims and diversity matters; federal equity receiverships
DC Court of Appeals	430 E St NW, Washington, DC 20001	Appeals from the Superior Court

Court locations verified via Google Places, 2026. Confirm the correct division and filing location before filing.

What claims come up most often?

Situation	Where the law sits	Page
An owner is taking money or opportunities	D.C. Code §§ 29–604.07, 29–804.09; §§ 28–3104 to 28–3107	Breach of fiduciary duty · Diverted funds
A departing employee took information	D.C. Uniform Trade Secrets Act, §§ 36–401 to 36–406	Trade secret misappropriation
A restrictive covenant needs testing	Ban on Non-compete Agreements Act, §§ 32–581.01 to 32–581.05	Non-compete disputes
The company needs neutral control	D.C. Code § 29–312.22; § 28–3107(a)(3)(B)	Court-appointed receiverships

Each linked page quotes the governing sections directly and links to the official text.

What if it is urgent?

Some business disputes cannot wait for an ordinary schedule: assets moving, a customer list walking out, a business being locked. Those are handled as emergency applications for a TRO or preliminary injunction. Note that the Trade Secrets Act allows even threatened misappropriation to be enjoined (D.C. Code § 36–402(a)), and the fraudulent-transfer remedies include an injunction against further disposition (§ 28–3107(a)(3)(A)).

Who handles these matters?

Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption, before moving into private practice. He is listed in The Best Lawyers in America for Commercial Litigation and White-Collar Criminal Defense.

Past results do not guarantee or predict a similar outcome in any future matter.

How long do I have to bring a business claim in the District of Columbia?

Most D.C. business claims run on a three-year clock, but three of the deadlines that matter most in commercial disputes are not three years. Defamation is one year, an instrument under seal is twelve, and a fraudulent transfer has its own rule that can run from discovery rather than from the transfer. The periods below are what the sections say. Which period governs a particular claim, and when the clock started running, are fact-specific questions this page cannot answer. Take advice before relying on any of them.

Claim	Provision	Period the section states
Simple contract, express or implied	D.C. Code § 12–301(7)	3 years
A claim for which no limitation is specially prescribed	D.C. Code § 12–301(8)	3 years
Injury to real or personal property	D.C. Code § 12–301(3)	3 years
Libel or slander, including business defamation	D.C. Code § 12–301(4)	1 year
A bond, covenant or other instrument under seal	D.C. Code § 12–301(6)	12 years
Trade secret misappropriation	D.C. Code § 36–406	3 years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered — a continuing misappropriation is a single claim
Fraudulent transfer under § 28–3104(a)(1)	D.C. Code § 28–3109	4 years after the transfer was made or the obligation incurred, or, if later, 1 year after discovery

Sources: D.C. Official Code §§ 12–301, 28–3109, 36–406, as published by the Council of the District of Columbia. Periods are quoted from the sections; the limitation governing any particular claim depends on how it is pleaded and on facts this page cannot assess.

What duties does D.C. law impose on the people running a business?

The duty owed depends on the entity, and the District sets a separate standard of conduct for each one, partners, LLC members and managers, and corporate directors are governed by three different sections. That is why the first question in an ownership dispute is usually what the entity is, not what happened: the same conduct is measured against a different standard in an LLC than in a corporation. Where the duty has been breached, the remedies are set out on breach of fiduciary duty and, where money has moved, on fraud and embezzlement — civil recovery.

Entity	Provision	Official heading
Partnership	D.C. Code § 29–604.07	“General standards of partner’s conduct”
Limited liability company	D.C. Code § 29–804.09	“Standards of conduct for members and managers”
Corporation	D.C. Code § 29–306.30	“Standards of conduct for directors”
Any entity — the member’s own claim	D.C. Code § 29–808.01	“Direct action by member”

Sources: D.C. Official Code §§ 29–306.30, 29–604.07, 29–804.09, 29–808.01, as published by the Council of the District of Columbia. Section headings are quoted verbatim; provisions are summarized — read the sections.

Does the size of the business change the claim?

No. A small business in the District of Columbia has the same claims and the same deadlines as a large one, and its owners answer to the same rules. Most business claims run on a three-year clock, the duty owed depends on the entity rather than on its size, and the emergency remedies for assets moving or an owner locked out are the same. What changes for a small business and its owners is the economics. Each side pays its own legal fees unless something shifts them: a fee clause in the agreement, D.C. Code § 36–404 in a trade secret matter, or § 29–808.06(b), under which a successful LLC derivative plaintiff may be awarded reasonable expenses from the company’s recovery. For a business owner the first question is still whose loss it is: harm to the company itself is pursued derivatively, for an LLC under § 29–808.01, while a loss the owner suffered personally is pursued directly. Waxman Litigation acts for the company’s side, whatever the company’s size.

Business Litigation in Washington, DC

A business dispute in Washington, DC is heard in the Superior Court of the District of Columbia or, when the parties are from different states or a federal claim is involved, in the United States District Court for the District of Columbia, and most business claims must be brought within three years.

The three-year period for a simple contract and for most other business claims is D.C. Code § 12–301; a sale of goods runs four years under § 28:2–725. The duties owed inside the business depend on the entity: partners answer under § 29–604.07, LLC members and managers under § 29–804.09, and corporate directors under § 29–306.30. An LLC member may sue directly in the Superior Court under § 29–808.01, while a shareholder’s claim for harm to the corporation is derivative and needs standing under § 29–305.51. The Superior Court sits at 500 Indiana Avenue NW; the federal court is the E. Barrett Prettyman United States Courthouse at 333 Constitution Avenue NW. The District of Columbia pages in this group go deeper: contract disputes, breach of fiduciary duty, LLC member disputes and shareholder disputes.

Business Litigation in Maryland

Maryland business disputes from Montgomery County are heard in the Circuit Court for Montgomery County in Rockville or in the United States District Court for the District of Maryland in Greenbelt, both a short drive from the firm’s Chevy Chase office, and most claims must be filed within three years of the date they accrue.

The general rule is Md. Code, Cts. & Jud. Proc. § 5–101: “A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.” Contracts under seal and other specialties have twelve years under § 5–102. Maryland’s partnership act, like the District’s, provides that “the only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care” (Corps. & Ass’ns § 9A–404), and § 9A–405 lets the partnership sue a partner for breach of the agreement or of a duty, and a partner enforce the partner’s own rights. A director must act in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and with the care of an ordinarily prudent person in a like position (§ 2–405.1). An LLC member may bring a derivative action when the members with authority to bring it have refused (§ 4A–801). Any stockholder may inspect the bylaws, minutes, annual statements and voting trust agreements (§ 2–512); stockholders of record holding at least 5% of the shares for at least six months may also inspect the books of account and stock ledger (§ 2–513). A court may dissolve a corporation on the grounds in § 3–413 and appoint a receiver with the powers in § 3–414, including the power to continue the business. A petition to vacate an arbitration award must be filed within 30 days of delivery (§ 3–224). The Circuit Court for Montgomery County is at 50 Maryland Avenue, Rockville; the Greenbelt federal courthouse is at 6500 Cherrywood Lane. Seth B. Waxman is admitted in Maryland.

Northern Virginia Business Disputes

Northern Virginia business disputes are heard in the Fairfax County Circuit Court or, for federal claims and disputes between citizens of different states, in the Eastern District of Virginia’s Alexandria courthouse, and Virginia gives a written contract five years and an unwritten one three. Seth B. Waxman is not admitted in Virginia and appears there only where authorized.

The contract periods are Va. Code § 8.01-246, and § 8.01-230 fixes accrual at the breach rather than at discovery. A Virginia director discharges duties “in accordance with his good faith business judgment of the best interests of the corporation” (§ 13.1-690), and an LLC manager under the same standard (§ 13.1-1024.1). A member who wants to sue on the LLC’s behalf must make a written demand and wait 90 days unless the demand is rejected sooner or delay would cause irreparable injury (§ 13.1-1042). Partners account to the partnership and hold its property and profits as trustee (§ 50-73.102), and § 50-73.103 governs actions by the partnership and by partners. A shareholder may inspect the general records on ten business days’ notice, and the restricted records after holding shares for six months or holding 5% of the votes, for a proper purpose (§ 13.1-771). The circuit court may dissolve a corporation on the grounds in § 13.1-747, including deadlock and oppressive conduct, and may appoint a receiver or custodian under § 13.1-748. Every circuit court may award injunctions (§ 8.01-620), and a temporary injunction runs for the time the court prescribes (§ 8.01-624). An application to vacate an arbitration award must be made within 90 days of delivery (§ 8.01-581.010). The Fairfax County Circuit Court is at 4110 Chain Bridge Road, Fairfax; the Alexandria federal courthouse is at 401 Courthouse Square. This section is general information about Virginia law; Waxman Litigation takes Northern Virginia matters only where its attorney is authorized to appear, including federal court on admission or pro hac vice.

New York Business Litigation

A New York business dispute is heard in the New York State Supreme Court or in federal court, for Manhattan the Southern District of New York at 500 Pearl Street, and a contract claim there may be brought within six years, twice the District’s three. Seth B. Waxman is admitted in New York; the firm has no New York office and handles New York matters from Chevy Chase.

The six-year contract period is CPLR 213(2); some other claims run three years under CPLR 214. A director performs the role “in good faith and with that degree of care which an ordinarily prudent person in a like position would use under similar circumstances” (Bus. Corp. Law § 717), and an LLC manager under the same words (Ltd. Liab. Co. Law § 409). A shareholder may bring a derivative action under Bus. Corp. Law § 626 and inspect the minutes and shareholder records under § 624; in a dissolution proceeding the corporation or other shareholders may elect within 90 days to buy the petitioner’s shares (§ 1118). A court may dissolve an LLC “whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or operating agreement” (Ltd. Liab. Co. Law § 702), and a member may inspect the company’s records for a purpose reasonably related to the member’s interest (§ 1102). A partner “must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners” (Partnership Law § 43); §§ 62 and 63 set out the causes of dissolution and dissolution by court decree. Parties to a transaction of at least $250,000 may choose New York law whatever their connection to the state (Gen. Oblig. Law § 5-1401). New York has not adopted the Uniform Trade Secrets Act; trade secret claims there rest on common law and on the federal Defend Trade Secrets Act. See commercial litigation for the arbitration and choice-of-forum rules.

Jurisdiction	State trial court	Federal court	General limitation period
Washington, DC	Superior Court of the District of Columbia, 500 Indiana Avenue NW	U.S. District Court for the District of Columbia, 333 Constitution Avenue NW	3 years for a simple contract (D.C. Code § 12–301)
Maryland (Montgomery County)	Circuit Court for Montgomery County, 50 Maryland Avenue, Rockville	U.S. District Court for the District of Maryland, 6500 Cherrywood Lane, Greenbelt	3 years (Cts. & Jud. Proc. § 5–101)
Northern Virginia	Fairfax County Circuit Court, 4110 Chain Bridge Road, Fairfax	U.S. District Court for the Eastern District of Virginia, 401 Courthouse Square, Alexandria	5 years written contract · 3 years unwritten (Va. Code § 8.01-246)
New York	New York State Supreme Court	U.S. District Court for the Southern District of New York, 500 Pearl Street	6 years for a contract (CPLR 213(2))

Where a business dispute is heard, and the general deadline, in the four jurisdictions. Sources: D.C. Code § 12–301; Md. Code, Cts. & Jud. Proc. § 5–101; Va. Code § 8.01-246; N.Y. C.P.L.R. 213; court addresses from each court’s official site. Read September 23, 2026. Seth B. Waxman is admitted in D.C., Maryland and New York; the firm’s only office is in Chevy Chase, Maryland.

Frequently asked questions

Is “commercial litigation” different from “business litigation”?

In practice the terms are used interchangeably for the same work — disputes arising out of running a business. Nothing turns on the label.

Does the firm act for employees or whistleblowers?

No. The firm acts for companies and their boards. That is why the False Claims Act work is defense-side and the employment work is employer-side.

Where would our case be filed?

Most DC business disputes are filed in the Civil Division of the Superior Court of the District of Columbia. Federal-question and diversity cases go to the U.S. District Court for the District of Columbia. Which applies depends on the claims and the parties.

How quickly can something be done about assets moving?

Provisional remedies exist precisely for that situation. They include injunctions and attachment under § 28–3107, and appointment of a receiver or custodian pendente lite under § 29–312.21(b). How fast depends on the evidence available at the outset.

Why is the entity form the first question in any business dispute?

Because the duties being enforced are written per entity type. A corporate director takes the standard in D.C. Code § 29–306.30, an LLC member in § 29–804.09, and a partner in § 29–604.07 — and the same conduct can breach one of those and not another, which decides both the claim and who may bring it.

How is it decided whether a claim belongs to the owner or to the company?

By asking whose loss it is. Harm to the company itself is pursued derivatively — for an LLC under D.C. Code § 29–808.01 — while a loss suffered by an owner personally is pursued directly. Getting that wrong is one of the most common reasons an otherwise sound claim is dismissed.

Who pays the legal fees in a District of Columbia business case?

Each side, unless something shifts them. The District has no general loser-pays rule, so recovery depends on one of three routes: a fee clause in the agreement, D.C. Code § 36–404 in a trade secret matter, or § 29–808.06(b), under which a successful LLC derivative plaintiff may be awarded reasonable expenses from the company’s recovery.

Can a Maryland LLC member sue another member?

Yes, a Maryland LLC member may bring a derivative action to enforce a right of the company when the members with authority to bring it have refused, or an effort to cause them to act is not likely to succeed. Whether the loss is the member’s own or the company’s decides which route applies. See Md. Code, Corps. & Ass’ns § 4A–801.

Where are Northern Virginia federal business disputes filed?

In the United States District Court for the Eastern District of Virginia, whose Alexandria courthouse is at 401 Courthouse Square, when the case involves a federal claim or parties from different states. A state-law dispute between Virginia parties goes to the circuit court, for Fairfax County at 4110 Chain Bridge Road. Seth B. Waxman appears in Virginia only where authorized.

Is Seth B. Waxman admitted in New York?

Waxman Litigation’s founding attorney is admitted to practice in New York, the District of Columbia and Maryland. The firm has no New York office; New York matters are handled from its office in Chevy Chase, Maryland.

Can a DC LLC member inspect company records?

A member of a District of Columbia LLC has a statutory right to see the company’s records. In a member-managed LLC a member may inspect and copy the company’s records during business hours; in a manager-managed LLC the member makes a written demand describing the information and the purpose, and the company has ten days to respond. See D.C. Code § 29–804.10.

Sources and legal authorities

Discuss a business dispute

Call (301) 479-8960 or use the contact page. Related hubs: Internal Investigations · White-Collar Defense & Government Enforcement · Court-Appointed Receiverships.