Faisal Moghul

Attorney Profile

Top Rated Real Estate Attorney in Fairfax, VA

Fox & Moghul
 | 3871 Plaza Dr, Fairfax, VA 22030
Phone: 703-688-9325
Fax: 866-451-9531
Selected To Rising Stars: 2016 - 2021
Licensed Since: 2011
Practice Areas:
  • Real Estate: Business (40%),
  • Civil Litigation: Plaintiff (50%),
  • Business/Corporate (10%)
    Attorney Profile

    Faisal Moghul is a litigation partner at Fox & Moghul whose practice is devoted to high-stakes real estate and commercial litigation. He has been selected to the prestigious Super Lawyers Rising Stars shortlist for six (6) years in a row (2016-2021), and his prior successes have been profiled in the Virginia Lawyers Weekly. Representing people and businesses throughout the area, he has been admitted to practice in Virginia, the District of Columbia, and New York.

    Mr. Moghul has represented both plaintiffs and defendants in a variety of civil litigation matters, including but not limited to

    • Real estate fraud and NVAR Purchase and Sale Contract disputes (caveat emptor vs seller disclosure litigation)
    • Construction Litigation: contractor (Classes A, B and C) vs sub-contractor vs homeowner disputes and mechanics liens enforcement/invalidation.
    • Business Partnership Disputes and Shareholder Derivative Litigation (LLCs, LPs, S Corps and C Corps).
    • Toxic Mold Defense and Landlord Tenant Disputes: representing parties in claims related to toxic mold poisoning, and all other leasing disputes including evictions.
    • Easements, boundary line and title disputes: easements, property encroachment, trespass, nuisance, adverse possession and title disputes (covenant breaches).
    • Community Association Law (HOAs/Condominium): breach of fiduciary duty, design covenant violations, and injunctions/specific performance.

    Furthermore, Mr. Moghul has authored several scholarly articles on various legal issues, including his recent co-publication with the American law Institute’s The Practical Lawyer titled “Caveat Emptor vs Seller Disclosure in Residential Real Property Conveyances” (April 2021 Edition), which discusses the complex laws and regulations surrounding residential real estate purchases and sales.  

    Mr. Moghul has also provided ongoing representation to businesses and their owners in the areas of choice of legal entity, regulatory compliance, business succession planning, and mergers and acquisitions. His superior track record in all of these endeavors has earned him a 10.0 “Superb” peer review rating through Avvo and other favorable recognition from his colleagues.

    Mr. Moghul attended Franklin & Marshall College in Pennsylvania, and in 2007, he received a Bachelor of Arts magna cum laude and was subsequently inducted into the Phi Beta Kappa Honor Society. He then enrolled at Washington and Lee University School of Law in Lexington, Virginia, and in 2010, he was awarded his Juris Doctor with honors.

     
    Practice Areas
    • 40%Real Estate: Business
    • 50%Civil Litigation: Plaintiff
    • 10%Business/Corporate
    Focus Areas

    Condominiums & Cooperatives, Landlord/Tenant, Business Formation and Planning, Limited Liability Companies, Partnership, Contracts, Business Organizations

    Selections

    top-imageSelected to Rising Stars for 6 years

    Rising Stars: 2016 - 2021

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    About Faisal Moghul

    Admitted: 2011, Virginia

    Professional Webpage: https://moghullaw.com/Faisal-Moghul-Attorney-Profile.html

    Honors/Awards:

    • SuperLawyers- Rising Star, 2016 - 2019
    • 3L Year Trial Clinic Distinction – Birkett v. Commonwealth, Rockbridge County Circuit Court, Washington and Lee University School of Law
    • Best Lawyers In America (http://www.bestlawyersinamerica.org/ ), 2015
    • Pi Sigma Alpha National Political Science Honor Society
    • Super Lawyers Rising Star, Super Lawyers, December 2015
    • AVVO Clients Choice Award (Litigation), AVVO, 2015
    • Honors, Trial Advocacy
    • Top 10 Best Lawyers, American Institute of Criminal Law Attorneys, 2016
    • Phi Beta Kappa National Academic Honor Society

    Bar/Professional Activity:

    • U.S. District Court for the Eastern District of Virginia 
    • Virginia Trial Lawyers Association 
    • National Institute of Trial Advocacy
    • New York State Bar
    • American Bar Association (Litigation)
    • District of Columbia Bar
    • Virginia State Bar
    • United States District and Bankruptcy Courts for the District of Columbia

    Scholarly Lectures/Writings:

    • "Use of LLCs in Real Estate Transactions," Premier Realty Lecture Series (Part II) (2016)
    • "Introduction to Asset Protection," Premier Realty Lecture Series (Part III) (2016)
    • Top 10 Problems In Real Estate Transactions (2016 Premiere Realty Lecture Series – Part I)
    • "Business Entity Structuring for Real Estate Investors," Premier Realty & Title One Escrow LLC (2016)
    • "The Long Road to Yes: Problems with the Permitting Process and the Need for Specific Plans in Pennsylvania," Co-author (2007)
    • Use of LLCs In Real Estate Transactions (2016 Premiere Realty Lecture Series – Part II)
    • Introduction to Asset Protection (2016 Premiere Realty Lecture Series – Part III)
    • Residential & Commercial Leasing (Pinehill Properties and Title One Escrow LLC)
    • Of Creditors, Guarantors and Sureties: Whose Debt Is It Anyway? Personal Liability Under Contract Law, American Law Institute (October 1, 2014)
    • Business Entity Structuring for Real Estate Investors, Watchtower Investments Newsletter (February, 2014)
    • The Death of Privacy: the Fourth Amendment in the Context of Mass Surveillance, The Foundation for Economic Education (January, 2013)
    • Co-author, The Long Road to Yes: Problems with the Permitting Process and the Need for Specific Plans in Pennsylvania (William Penn Foundation and Heinz Endowment Grant (May, 2007)

    Verdicts/Settlements:

    • $5M+ Fraud, Breach of Contract and Business Conspiracy Lawsuit-Represented high net worth international buyer of prominent Virginia-based university in fraud, breach of contract, specific performance, and business conspiracy lawsuit. After several months of litigation, case was settled favorably, and client proceeded to finalize the purchase of the university. Parties signed a confidentiality agreement and motion to seal proceedings in Circuit Court.Multi-Jurisdictional Business Dispute Involving Foreign Choice of Law and Forum Clause. Successful Challenge to Venue Under Va. Code 8.01-266 – Represented foreign corporation in complex international business dispute spanning several continents. Plaintiff filed a breach of contract claim against client in Virginia. We filed a motion to dismiss for improper venue under Va. Code 8.01-264 and sought costs and attorney’s fees pursuant to Va. Code 8.01-266. Plaintiff eventually non-suited their claim.  Real Property Construction Dispute – Successfully defended prominent real estate development group in a complex construction dispute involving claims of structural damage to a neighboring property. Plaintiffs sued client seeking $600,000 in total damages. We had one of the Plaintiffs sanctioned for discovery violations, and the case was eventually settled for $3,800 only.      Challenge to Applicability of Non-Disparagement Clauses in Standard Form Consumer Contracts (Property Management Rental Contract) - This was an interesting case involving the enforcement of a non-disparagement clause in standard form consumer contracts, a property rental agreement. Client had published comments about a well-known property management company. A clause in the contract prohibited the use of any "disparaging" language against the other. We successfully dismissed all claims against the client after substantial motions practice.  Removal of Defamatory Social Media/Online Postings – Representing dentist wife in defamation suit against former boyfriend who posted derogatory and defamatory videos and comments on all major social media fora, including Facebook and Youtube. We filed for an immediate Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and sued for defamation seeking damages.     DC Cooperative Shareholder Derivative Dispute Against Prior Board. We represented a substantial majority of the shareholders of an 18-unit DC-based cooperative association against the Board of Directors in a shareholder derivative dispute involving fraud, breach of fiduciary duty, and various other wrongdoings. We were successfully able to replace the prior Board and invalidate the ultra vires actions that they had taken to damage the cooperative’s best interests.   Real Estate Cooperative Breach of Former Directors/Officers Fiduciary Duties of Care, Loyalty and Usurpation of Corporate Opportunity (New York County Supreme Court) – Represented board of directors of real estate cooperative in complex multi-party suit for breach of director fiduciary duty of loyalty (interested director transaction) and care (failure to conduct necessary due diligence or consult subject matter experts), fraud, and violations of New York’s Business and Corporation Law (NYBCL §§ 713, 717 & 720) against former directors and officers of the cooperative. Case settled favorably.   Media Defamation and the Fair Report Privilege (New York County Supreme Court) – Representing one of the world’s biggest antique dealers, an Irish Traveller, in major defamation suit against Bloomberg Businessweek, its editor in chief Josh Tyrangiel, and New York Times reporter Adam Higginbotham. This case concerned the applicability of the fair report privilege to claims made against our client by Bloomberg Businessweek. Case received international media coverage in the New York Post, The Guardian, The Independent, The Daily Mail and local Irish media.    Breach of Contract Suit Against Construction and Engineering Firm  – Represented well-known real estate investment firm in breach of contract dispute with a construction and engineering consulting firm. Successfully obtained disgorgement of more than $300,000 in damages from defendant and its principals.   Disgorgement of Unaccounted for Management Fees (Fairfax) - Represented prominent lender in breach of contract and fraud lawsuit concerning unaccounted for management fees and monies related to portfolio of rental properties. Obtained disgorgement of all un-accounted monies from the property manager.   Multi-Expert Mold Litigation – We were retained by the Landlord-Defendant to defend a complex mold-related Tenant Assertion by tenants asserting substantial economic harm and back rent. This case involved three mold experts and the proceeding lasted almost seven hours. Client-Landlord was awarded possession, and we successfully barred tenants from pursuing any damages against client.   Defense of Mold Claims Related to Property Damage and Rent Abatement . Successfully defended landlord who was sued for thousands by tenants over alleged mold on the property claimed to have been caused by landlord’s negligent repairs. We countersued for damages and were able to have all of the tenants’ mold-related claims stricken. Further, the landlord was ruled to be the substantially prevailing party and was awarded recovery of attorney’s fees.   Constructive Eviction and Lead In The Water - We represented the Landlord whose tenant has filed suit for back rent and damages after the discovery of lead in the water. We prevailed after resorting to some creative lawyering to block the other side from introducing key pieces of evidence. Client prevailed in an otherwise difficult case.   Prosecuted Serial Fraudster Tenants Who Misrepresented Income, Credit and Employment Information, And Concealed Prior Rental History - Represented former landlord against professional tenants in a warrant in debt action. Obtained the full jurisdictional amount in damages ($25,000), attorney’s fees in the amount of $10,000, and costs in favor of client.   Japanese Hibachi Restaurant - Commercial Lease Permit and Commencement Date Issue  - Represented Japanese Hibachi grill restaurant involved in complex leasing dispute with Landlord related to restaurant permits and commencement dates. Successfully negotiated settlement and more than forty percent reduction in amounts claimed by the Landlord.   Dunn Loring Retail Store – Drop In Sales Due To Construction At the Mosaic District  - Represented a retail establishment in the Dunn Loring area facing severe downturn in sales due to ongoing construction issues in that area. Landlord sought eviction and rent acceleration for the entire Lease term. After some litigation, successfully negotiated settlement involving release of personal guarantors and reduction of total amounts due to Landlord.   , 2017

    Educational Background:

    • Franklin & Marshall College, Magna cum laude, Phi Beta Kappa National Academic Honor Society, Pi Sigma Alpha National Political Science Honor Society, Pi Gama Mu International Honors Society Magna cum laude

    Industry Groups

    • Legal
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    Office Location for Faisal Moghul

    3871 Plaza Dr
    Fairfax, VA 22030

    Phone: 703-688-9325

    Fax: 866-451-9531

    Faisal Moghul:

    Last Updated: 6/17/2021

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