James B. Kinsel

Attorney Profile

Top Rated Business Litigation Attorney in Tysons Corner, VA

Protorae Law PLLC
 | 1921 Gallows Road, Suite 950
Tysons Corner, VA 22182
Phone: 703-988-7736
Fax: 703-942-6023
Selected to Super Lawyers: 2019
Licensed Since: 1999
Practice Areas:
  • Business Litigation
Attorney Profile

Attorney James B. Kinsel is a managing partner at Protorae Law PLLC in Tysons Corner, Virginia. Mr. Kinsel concentrates his practice on business breakups, business litigation and unfair business practices, serving clients throughout Virginia and the District of Columbia.

Mr. Kinsel has more than two decades of experience and handles a wide variety of business-related legal issues, including breach of fiduciary duty, contracts, conspiracy, disputes, trade secret misappropriation and unfair business practices. He is familiar with all aspects of the legal process, including pretrial motions, preliminary injunctions, restraining orders, mediation and litigation.

Over the course of his career, Mr. Kinsel has successfully litigated numerous complex matters, resulting in multimillion-dollar settlements and verdicts. Recognized for his achievements, Virginia Lawyers Weekly named one of his cases as one of the year’s most important opinions in 2015. In addition, he is AV Preeminent* peer review-rated by Martindale-Hubbell and Virginia Business magazine included him on the “legal elite” list multiple years in a row.

Mr. Kinsel earned a bachelor’s degree from James Madison University and received his law degree from the University of Virginia School of Law. He obtained his license to practice law in 1999 and is qualified to practice before all Virginia state courts and the U.S. District Court for the Eastern District of Virginia.

Upon law school graduation, Mr. Kinsel clerked for a federal judge sitting on the U.S. District Court for the Western District of Virginia and practiced at two Virginia-based firms. He co-founded Protorae Law PLLC in 2010.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (100%): Trade Secret

Focus Areas

Trade Secret

Selections

Selected to Super Lawyers for 1 yearsbottom-image

Super Lawyers: 2019

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About James Kinsel

Admitted: 1999, Virginia

Professional Webpage: http://protoraelaw.com/professionals/james-kinsel/

Honors/Awards:

  • One of 2015's Most Important Opinions, Virginia Lawyers Weekly
  • Named among the 2018 Legal Elite by Virginia Business magazine, in association with the Virginia Bar Association, who recognizes top Virginia lawyers in 18 specialties as voted by their peers., Legal Elite, Civil Litigation, Virginia Business, 2018
  • 2016 AV Preeminent Peer Rated, Martindale-Hubbell®, 2016
  • In the fall of 2014, Mr. Kinsel was selected as a Washington SmartCEO Power Player Awards Finalist. The Power Players Awards program honors the region’s most enterprising attorneys, bankers and accountants for their leadership, accomplishment, innovation and success. Power Players represent the best and brightest in the region — the impact players that CEOs can count on to help grow their businesses. An independent committee of local business leaders evaluates the applications and chooses the Power Players based on the quality of nominations submitted. The Power Players are profiled in the September/October issue of SmartCEO magazine. http://www.smartceo.com/2014-washington-power-players-james-kinsel/, Washington SmartCEO Power Player Awards Finalist, SmartCEO, 2014

Bar/Professional Activity:

  • Virginia Association of Defense Attorneys, Member
  • U.S. District Court for the Eastern District of Virginia
  • Virginia State Bar
  • Fairfax Bar Association, Circuit Court Committee Member
  • Northern Virginia Chamber of Commerce, Member

Pro bono/Community Service:

  • President, Oakton Mill Estates, 2016
  • McLean Baptist Church Co-Chair of the Vision Task Force 2014-2015 Member of Personnel Committee      , 2016
  • Basketball Coach for Vienna Youth, 2016

Scholarly Lectures/Writings:

  • Even the most careful company can find itself being named as a defendant in a business-to-business litigation matter, particularly with the ease by which new hires can transfer electronic files from their prior employers or customers.  Plaintiff companies commonly allege business tort claims, such as trade secret misappropriation and business conspiracy that allow for recovery of attorneys' fees, treble damages and punitive damages.  Faced with these allegations, a premium is placed on early game planning, including going on the offensive with counterclaims, cross claims and affirmative defenses, as well as engaging in early resolution tactics.  Using hypotheticals, the panelists will discuss strategies for pressuring the plaintiff and blocking the other side's momentum., Speaker, Game Planning your Litigation Defense to Business Claims: Offensive, Defensive, and Early Resolution Tactics, Association of Corporate Council, 2015

Verdicts/Settlements:

  • University of Northern Virginia, Inc. v. Avery, et al.
  • Morgan Stanley Smith Barney, LLC v. The Kavits/Frey Group, LLC,defended a financial services firm and its two founding brokers in a case brought by the brokers’ former firm, claiming that in starting their new firm the brokers violated their fiduciary duties and misappropriated the plaintiff firm’s trade secrets.
  • Centennial Broadcasting, LLC. v. Burns, attained a temporary and permanent injunction order in the U.S. District Court for the Western District of Virginia, enjoining the prior owner of a radio station from operating another station using a substantially similar format because the court found the prior owner “blatantly violated the [purchase] agreement.”
  • Corinthian Mortgage Corporation v. Summit Financial Group, et al.,attained a $10.5 million dollar settlement on behalf of a direct-mail mortgage company, in a business conspiracy action against the company’s former employees and a start-up competitor.

Other Outstanding Achievements:

  • Protorae Law attorneys Rebecca Bricken SegalJohn HawthorneAaron CummingsJames Kinsel and Brian Chandler were recently recognized in Virginia Lawyers Weekly’s “Virginia’s Largest Verdicts of 2015” for their $4.864 million verdict in Tulynet FZ LLC v. Nemetisheva v. Barmawi, which was the second largest verdict in Virginia for 2015. The business tort case, which was heard in the Fairfax County Circuit Court, involved a telecommunications company that alleged a business conspiracy and theft of trade secrets. Virginia Lawyers Weekly compiles its annual list based on the following criteria: The verdict was for at least $1 million; the verdict was returned by a jury in Virginia, not a judge; and the verdict was returned in the calendar year 2015. http://valawyersweekly.com/2016/01/18/virginias-largest-verdicts-of-2015/, 2015
  • After receiving a favorable ruling in Integrated Direct Marketing, LLC v. Drew May and Merkle, Inc.the case was featured in the 2015 Most Important Opinions in Virginia Lawyers Weeklyhttp://valawyersweekly.com/2015/10/05/tech-executive-avoids-trade-secret-claims/, 2015

Videos:

Educational Background:

  • James Madison University, B.S., 1994

Industry Groups

  • Government Contractors
  • Professional Services Companies
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Office Location for James B. Kinsel

1921 Gallows Road
Suite 950
Tysons Corner, VA 22182

Phone: 703-988-7736

Fax: 703-942-6023

James B. Kinsel:

Last Updated: 8/21/2019

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