Nicholas Johnson
Top rated Employment Litigation attorney in McLean, Virginia
Berenzweig Leonard LLP
Practice Areas: Employment Litigation, Business Litigation, Employment & Labor; view more
Licensed in Virginia since: 2010
Education: William & Mary Law School
Selected to Rising Stars: 2015 - 2025 Call today:
571-581-2865
Berenzweig Leonard LLP
8300 Greensboro DriveSuite 1250
McLean, VA 22102 Visit website
Details
Nick Johnson, Partner, is an experienced litigator representing clients in the full spectrum of employment and business litigation matters, in addition to advising management and executive clients on HR compliance and commercial transactions.
Nick represents employers and executives in all aspects of litigation before state and federal courts throughout Virginia, Washington D.C. and Maryland covering a wide range of employment law, including discrimination, retaliation, harassment, and wage and hour collective actions. A large part of Nick’s practice is dedicated to post-employment litigation, both prosecuting and defending actions relating to the breach of non-compete and non-solicitation agreements, employee raiding, misappropriation of confidential information and trade secrets, tortious interference with contracts, and unfair competition. Nick also litigates business matters involving breach of contract, defamation, civil conspiracy, breach of fiduciary duty, fraud, and other related business torts.
Nick’s advice and counseling practice includes advising employers and executives on restrictive covenants, regulatory compliance, employment contracts and HR policies, investigating employee complaints, conducting anti-discrimination training seminars, implementing management incentive plans, as well as preparing and negotiating severance agreements.
Prior to joining the firm in 2010, Nick worked with Judge Elizabeth McClanahan of the Court of Appeals of Virginia, the Fairfax County Commonwealth’s Attorney Office, a large law firm in Charlotte, NC, the general counsel’s office of a federal agency, and was a member of the William and Mary Moot Court Team. He is currently admitted to practice law in Virginia and Washington, D.C.
Practice areas
Employment Litigation: Defense, Business Litigation, Employment & Labor: EmployerFocus areas
Employment Law - Employer, Non-Compete Agreements, Trade Secret
- 40% Employment Litigation: Defense
- 30% Business Litigation
- 30% Employment & Labor: Employer
First Admitted: 2010, Virginia
Professional Webpage: https://www.berenzweiglaw.com/attorney/johnson-nick/
Bar/Professional Activity:
- Virginia, 2010
- District of Columbia, 2012
- Maryland, 2019
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- Virginia Association of Defense Attorneys, Corporate & Commercial Litigation Section
- Fairfax Bar Association, Deputy Vice Chair, Employment Law Section
- Fairfax Bar Association, Employment Law Section
- Fairfax Bar Association, Business Law Section
- Fairfax Bar Association, Past Member, Board of Directors of Young Lawyers Section
- George Mason American Inn of Court
- Federal Bar Association, Labor and Employment Law Section
- Virginia State Bar
- Virginia Bar Association
- District of Columbia Bar Association
Verdicts/Settlements (Case Results):
- Represented defendant government contractor in lawsuit brought by employees’ former employer seeking immediate injunctive relief as well as alleging breach of contract, intentional interference with contract, unfair competition, and civil conspiracy; motion to dismiss granted on all counts and case fully dismissed with prejudice. Sirius Federal, LLC v. Kate Yoash, Landon Fielder, and CTG Federal, LLC, 2023 WL 4456786 (D. Md. July 11, 2023)., 2023
- Represented defendant insurance agency in lawsuit brought by former employee alleging race discrimination and retaliation; motion for summary judgment granted in full on all counts dismissing entirety of case with prejudice. Faulkner v. Consolidated Insurance Center, Inc., Case No.: 24-C-21-000998. Md. Cir. Ct. Mar. 23, 2022
- Represented defendant nonprofit employer in lawsuit brought by former employee alleging religious discrimination; motion to dismiss granted on all counts and entirety of case dismissed. McKethan v. The Navy League of the United States of America, Civil Action No.: 1:20-cv-00527-LO-JFA. E.D. Va. April 27, 2021
- Represented defendant national fitness center in lawsuit brought by former member alleging race discrimination; motion to dismiss granted on all counts and entirety of case dismissed. Desgraviers v. PF-Frederick, LLC, Civil Action No.: 1:20-cv-00620-SAG. D. Md. Nov. 20, 2020
- Represented defendant luxury hotel employer in lawsuit brought by former employee alleging race and gender discrimination and retaliation; motion for summary judgment granted in full on all counts dismissing entirety of case with prejudice. Perkins v. Mt. Vernon Mansion, LLC, Case No.: 24-C-18-005040. Md. Cir. Ct. Oct. 28, 2019
- Represented defendant aviation contractor and former executive in lawsuit by former employer claiming over $71 million in damages alleging breach of fiduciary duty, common law conspiracy, fraud, statutory conspiracy, tortious interference with business relationships and expectancies, conversion, defamation per se, and unjust enrichment; motion to dismiss granted on four counts and successfully limited remaining claims based on statute of limitations. NorthStar Aviation, LLC v. Alberto, 332 F. Supp. 3d 1007, 1014. E.D. Va., 2018
- Defended government contractor and company owner in ownership dispute lawsuit seeking a declaratory judgment and claiming over $5 million in damages alleging fraud, securities fraud, and conversion; Demurrer granted without prejudice on three counts; plea in bar granted with prejudice on three counts. Johnson v. MBA Consulting Services, Inc., et al., Case No. CL 2017-9199. Va. Cir. Ct., 2018
- Represented defendant government contractor employer in lawsuit brought by job applicant claiming failure to hire and retaliation under USERRA; motion to dismiss granted on all counts and case dismissed with prejudice., Washington v. Coastal International Security, Inc. Civil Action No.: 8:17-cv-03311-DKC. D. Md. July 12, 2018
- Represented plaintiff real estate firm in lawsuit against anonymous online poster seeking redress for claimed defamatory online reviews; successfully proceeded under Virginia’s unmasking statute to identify claimed online poster and brought claims for tortious interference, defamation, and unjust enrichment; successfully defeated dismissal motion. Optime Realty LLC v. Walsh, Civil Action No. 2017-1966. Va. Cir. Ct., 2018
- Defended former employee in lawsuit brought by former employer seeking early injunctive relief and alleging misappropriation of trade secrets and conversion of proprietary information. KeyPoint Government Solutions, Inc. v. McGinn, Case No. 1:17-CV-00899 (LO/TCB). E.D. Va., 2018
- Represented defendant online auctioneer in third party complaint brought by financial institution alleging breach of contract, negligence, and negligent supervision seeking indemnification and reimbursement; motion to dismiss granted in full as to all counts. 2003 11th Street, LLC, et al. v. Mahogany, LLC, et al., Case No.: 2016 CA 005810. D.C. Super. Ct. Jan. 9, 2017
- Represented defendant employer in lawsuit by an employee’s former employer claiming over $55 million in damages alleging breach of contract, breach of fiduciary duty, conversion, violation of Arkansas, North Carolina, and Virginia trade secret laws, intentional interference with business expectancies, and unjust enrichment; successfully preserved entirety of decision on appeal with affirmance in full by the Fourth Circuit. Integrated Direct Marketing, LLC v. Drew May and Merkle, Inc., 129 F. Supp. 3d 336, 339 (E.D. Va. 2015) This decision was named by Virginia Lawyers Weekly as one of the most important decisions of 2015; No. 16 – 1032. 4th Cir., 2017
- Represented defendant health insurance software provider in a copyright action; motion for summary judgment granted in full dismissing entirety of complaint with prejudice. Corepex Technologies, Inc. v. WH Administrators, Inc., 1:17-cv-00026. E.D. Va., 2017
- Successfully defended against a motion for temporary restraining order by former employer alleging tortious interference, breach of a confidentiality agreement, civil conspiracy, and other related causes of action. Emerging Asia PTE, Ltd. v. Tinchev, et al., Case No. 1:17-cv-287. D.D.C., 2017
- Represented defendant financial institution in lawsuit by plaintiff alleging causes of action under various federal statutes with respect to compliance with IRS notices of levy; motion to dismiss granted with prejudice on all counts and affirmed on appeal. Satterlee v. Commissioner of Internal Revenue, et al., Case No. 15-1387-ABJ, (D.D.C. July 5, 2016), aff’d Case No. 16-5342. D.C. Cir. Mar. 31, 2017
- Represented defendant employer in lawsuit by former employee alleging pregnancy discrimination under Title VII; lawsuit voluntarily dismissed with prejudice by former employee shortly after responding to complaint., Fair v. ThreatConnect, Inc. Civil Action No.: 1:16-cv-00914-CMH-IDD. E. D. Va. Jan. 3, 2017
- Represented defendant employer in lawsuit by former employee alleging discrimination and retaliation under USERRA; motion for summary judgment granted and affirmed on appeal. Washington v. Coastal Int’l Sec., Civil Action No.: 14-0331-DKC, 2015 WL 4396616 (D. Md. July 16, 2015), aff’d, 633 F. App’x 186, 2016 WL 758034. 4th Cir., 2016
- Represented defendant employer in lawsuit by former employee alleging disability discrimination and failure to accommodate under the ADA. Mannion v. Attain, LLC, Case No. CAL 16-07507. Md. Cir. Ct., 2016
- Represented defendant director/corporate officer in lawsuit brought by her employer alleging breach of fiduciary duty and fraudulent concealment; demurrer granted without prejudice on all counts. Martin, et al. v. Frederick, et al., Case No. 16-1383. Va. Cir. Ct., April 27, 2016
- Represented plaintiff government contractor in lawsuit against defendant teaming members concerning claims of fraud, conversion, unjust enrichment, breach of fiduciary duty, and breach of contract; secured a preliminary injunction enjoining the defendant teaming members from terminating the plaintiff government contractor from a joint venture and also enjoining the teaming members from soliciting and/or hiring any of plaintiff’s employees or contractors. Intercom Federal Systems Corporation v. Technical and Management Resources, et al., Case No. 2013-17672. Va. Cir. Ct., 2014
- Represented defendant IT company in lawsuit by former contractor alleging breach of contract, including alleged breach of various restrictive covenants; successfully defended against motion for temporary restraining order. Top5, Inc. v. Core Point Consulting, Inc., Case No. 1:13-cv-1510-JFM. D. Md., 2013
- Represented defendant employer in lawsuit by former employee alleging racial discrimination and retaliation under Title VII; motion for summary judgment granted with prejudice on all counts. White v. Ameritel Corporation, Civil Action No. 8:10-cv-00929. D.Md., 2011
- Represented defendant government contractor and former executive in lawsuit by former employer alleging breach of duty of loyalty and fiduciary duty, breach of contract, violation of Virginia’s Uniform Trade Secrets Act, and intentional interference with contract; successfully defended against a motion to expedite discovery with the court specifically finding that the former employer was unlikely to succeed on the merits and count not show irreparable harm. ForceX, Inc. v. Technology Fusion, LLC et al., Case No. 4: 11-CV-88, 2011 WL 2560110. E.D. Va. June 27, 2011
Videos:
- Co-Host, Be Your HR Best Webinar: New Year, New Ways to Engage Your Workforce, 2023
- Real World Employment Law Podcast, How Companies Can Avoid Liability For Workplace Harassment, 2022
- Real World White Collar Law Podcast, What You Need to Know About Corporate Investigations, 2022
- Real World Employment Law Podcast, What Does Biden's Non-Compete Plan Mean For Businesses?, 2021
- Real World Business Law Podcast, Why Technology Companies Need to Understand and Follow Their Terms of Service, 2021
- Real World Employment Law Podcast, What The New Worker Classification Rule Means for Employers, 2021
- Real World Employment Law Podcast, Treating Complaints of Discrimination & Harassment Seriously, 2020
- Real World Employment Law Podcast, Businesses Need To Protect Their Trade Secrets, 2020
Pro bono/Community Service:
- Legal Services of Northern Virginia, Pro Bono Employment Law Project Volunteer
Honors/Awards:
- 2015-2024, “Rising Star” in Employment Litigation: Defense, Virginia Super Lawyers, 2024
- Leaders in the Law, Virginia Lawyers Weekly, 2024
- Legal Elite, Virginia Business Magazine, 2023
- Top Lawyer, Northern Virginia Magazine, 2023
- Top Attorney, Arlington Magazine, 2023
- 2015-2023, “Rising Star” in Employment Litigation: Defense, Washington DC Super Lawyers, 2023
- Top Lawyer, Northern Virginia Magazine, 2022
- Virginia Go To Lawyer for Employment Law, Virginia Lawyers Weekly, 2022
- Top Lawyer, Northern Virginia Magazine, 2021
- Top Lawyer, Northern Virginia Magazine, 2020
- Named to Class of “Up & Coming Lawyers”, Virginia Lawyers Weekly, 2017
- Legal Elite, Virginia Business Magazine, 2016
- Legal Elite, Virginia Business Magazine, 2015
- Achieved Unanimous Jury Verdict, 34th Annual Trial Advocacy College, 2015
- William and Mary Moot Court Team, Member
Educational Background:
- Clemson University, B.A., 2007
Scholarly Lectures/Writings:
- Fall 2023 issue of Employment Practices Liability Consultant (EPLiC), Co-Author, Expanded Worker Protections under the Pregnant Workers Fairness Act, International Risk Management Institute, Inc. (IRMI), 2023
- Summer 2022 issue of Employment Practices Liability Consultant (EPLiC), Co-Author, Increased Requests for Remote Work Accommodations as Businesses Return to the Office, International Risk Management Institute, Inc. (IRMI), 2022
- Continuing Legal Education Course, Presenter, Advising Your Business Clients During The COVID-19 Crisis, Fairfax Bar Association, 2020
- Director's Chat, Presenter, How to Protect Small Businesses During COVID-19, Northern Virginia Association for the Education of Young Children, 2020
- Employment Practices Liability Consultant, Author, Top 10 Not-So-Obvious Interview Questions to Avoid Asking, IRMI, 2018
- Employment Practices Liability Consultant, Author, Top 10 Best Workplace Practices for Reasonably Accommodating Those with Mental Health Disorders, IRMI, 2018
- Employment Law in Virginia, Co-Author, The Rise of Mental Health Disabilities in the Workplace, Virginia Lawyers Weekly, 2017
- Presented by the Young Lawyers Section of the Fairfax Bar Association, Moderator, Appeals 101: Preserving Your Trial Record and Maximizing Your Chances at Appeal, Fairfax Bar Association, 2017
- Continuing Legal Education Course, Moderator, Newly Admitted Attorney Orientation, Fairfax Bar Association, 2017
- Continuing Legal Education Course, Moderator, Newly Admitted Attorney Orientation, Fairfax Bar Association, 2016
Office location for Nicholas Johnson
8300 Greensboro Drive
Suite 1250
McLean, VA 22102
Phone: 571-581-2865
Selections
11 Years Rising Stars
- Rising Stars: 2015 - 2025
