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.
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 |
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 |
Business litigation topics
- Business Ownership disputes
- Partnership Disputes
- LLC Member Disputes
- Shareholder Disputes
- Business Dissolution
- Breach of Fiduciary Duty
- Emergency Litigation: TROs & Injunctions
- Fraud & Embezzlement (Civil Recovery)
- Contract Disputes
- Unfair Competition
- Non-Compete Disputes (DC)
- Non-Solicitation Disputes
- NDA / Confidentiality Disputes
- Trade secret misappropriation
- Tortious Interference
- Construction Litigation
- Commercial Real Estate Litigation
- Business Purchase & Sale Disputes
- Creditor / Debtor Disputes
- Business Defamation & Trade Libel
- Professional Malpractice
- Arbitration & ADR
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 |
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” |
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 — 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.
Discuss a business dispute
Call (301) 901-3109 or use the contact page. Related hubs: Internal Investigations · White-Collar Defense & Government Enforcement · Court-Appointed Receiverships.
How this practice is organized
- Ownership & Partner Disputes — who owns and controls the company
- Unfair Competition — non-competes, solicitation, confidentiality and trade secrets
- Commercial Litigation — contracts, deals, debts and arbitration
- Business Fraud & Fiduciary Claims — disloyalty, diverted money and false statements about a business
- Urgent Business Disputes — locked out, funds moving, trade secrets taken