Faisal Moghul

Attorney Profile

Top Rated Real Estate Attorney in Vienna, VA

Moghul Law PLLC
 | 8230 Boone Blvd., Suite 210
Vienna, VA 22182
Phone: 571-295-5702
Selected to Rising Stars: 2016 - 2018
Licensed Since: 2011
Practice Areas:
  • Real Estate: Business (40%),
  • Civil Litigation: Plaintiff (50%),
  • Business/Corporate (10%)
Attorney Profile

Faisal Moghul's practice is primarily focused in business and real estate litigation.

He represents corporations, LLCs, LPs, title companies, cooperatives, condominiums, title companies, residential and commercial landlords and tenants in complex leasing and real estate matters. Mr. Moghul also represents clients in matters related to business law, including shareholder derivative litigation, breach of fiduciary duty, partnership disputes, defamation and fraud.

After receiving a Bachelor of Arts in political science magna cum laude from Franklin & Marshall College in 2007, Mr. Moghul attended Washington and Lee University School of Law and was awarded his Juris Doctor with honors in 2010. Admitted to practice in Virginia, New York and the District of Columbia, he is also admitted to practice before the U.S. District Court for the District of Columbia and the U.S. Bankruptcy Court for the District of Columbia.

Mr. Moghul has authored several professional papers that have been published by organizations such as the American Law Institute and the Foundation for Economic Education. His published works include "Business Entity Structuring for Real Estate Investors," "The Death of Privacy: the Fourth Amendment in the Context of Mass Surveillance" and "Of Creditors, Guarantors and Sureties: Whose Debt Is It Anyway?" He is the co-author of "The Long Road to Yes: Problems with the Permitting Process and the Need for Specific Plans in Pennsylvania." Mr. Moghul also appears as a speaker at various professional functions. In 2016, he was a speaker at the Premier Realty Lecture Series, presenting "Top 10 Problems in Real Estate Transactions," "Use of LLCs in Real Estate Transactions" and "Introduction to Asset Protection."

 
Practice Areas
Lawyer Practice Area Pie Chart

Real Estate (40%): Condominiums & Cooperatives, Landlord/Tenant

Civil Litigation (50%)

Business/Corporate (10%): Business Formation and Planning, Limited Liability Companies, Partnership, Contracts, Business Organizations

Focus Areas

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

Selections

top-imageSelected to Rising Stars for 3 years

Rising Stars: 2016 - 2018

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About Faisal Moghul

Admitted: 2011, Virginia

Professional Webpage: http://www.moghullaw.com/About/Faisal-Moghul.shtml

Honors/Awards:

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

Bar/Professional Activity:

  • United States District and Bankruptcy Courts for the District of Columbia
  • New York State Bar
  • District of Columbia Bar
  • Virginia State Bar

Scholarly Lectures/Writings:

  • 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)
  • The Death of Privacy: the Fourth Amendment in the Context of Mass Surveillance, The Foundation for Economic Education (January, 2013)
  • Business Entity Structuring for Real Estate Investors, Watchtower Investments Newsletter (February, 2014)
  • Of Creditors, Guarantors and Sureties: Whose Debt Is It Anyway? Personal Liability Under Contract Law, American Law Institute (October 1, 2014)
  • Residential & Commercial Leasing (Pinehill Properties and Title One Escrow LLC)
  • Introduction to Asset Protection (2016 Premiere Realty Lecture Series – Part III)
  • Use of LLCs In Real Estate Transactions (2016 Premiere Realty Lecture Series – Part II)
  • Top 10 Problems In Real Estate Transactions (2016 Premiere Realty Lecture Series – Part I)

Verdicts/Settlements:

  • $5M+ Fraud, Breach of Contract and Business Conspiracy Lawsuit (Fairfax County Circuit Court) - 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 of Fairfax County.  Multi-Jurisdictional Business Dispute Involving Foreign Choice of Law and Forum Clause. Successful Challenge to Venue Under Va. Code 8.01-266 (Fairfax County Circuit Court, Virginia) – 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 (D.C. Superior Court) – 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.  Title Litigation (fraud, breach of warranty, breach of contract and unjust enrichment) (Fairfax County Circuit Court, Virginia) - Successfully defended title company president in complex multi-party suit seeking $250,000+ in damages for fraud, breach of warranty & contract, and unjust enrichment. Settled case for less than $6,000 payable in the form of a four-year noninterest-bearing note. Secured client a full release from Commonwealth Land Title Association. Case was covered by the Virginia Lawyers Weekly’s Verdicts & Settlements Section.  Challenge to Applicability of Non-Disparagement Clauses in Standard Form Consumer Contracts (Property Management Rental Contract) (Loudoun County General District Court) - 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 (Prince William County Circuit Court) – 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. At the hearing, the Honorable Chief Judge Craig Johnston ordered the removal of the defamatory postings. The defamation portion of the case is still pending the outcome of our summary judgment motion. Partnership Dispute/Business Divorce (Halifax County, Virginia) - Representing Defendants in multimillion dollar partnership dispute involving claims of fraud, breach of contract, conspiracy, securities fraud etc. related to two corporations. Case is pending.  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 Joint Venture Agreement and Conversion of Investment Monies (Loudoun County Circuit Court) - Representing successful real estate investor and rehabilitation specialist against a real estate investment firm in a $500,000 fraud in the inducement, breach of contract, breach of fiduciary duty, conversion and equitable accounting suit. Case is currently pending. Breach of Contract Suit Against Construction and Engineering Firm (Fairfax, Virginia) – 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.  Real Estate Partition Action Based on Service Via Publication Upon Co-Owner/Tenant in Common (Fairfax County, Virginia) - Representing plaintiff co-owner of a property located in Fairfax County that was purchased jointly with the defendant, with whom plaintiff holds title as tenant in common. Defendant left the state soon after the purchase saddling the client with all payments and maintenance for the property.  Multi-Expert Mold Litigation (Prince William General District Court) – 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 (Fairfax County General District Court). 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 (Fairfax County General District Court) - 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 (Loudoun County General District Court) - 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 (Fairfax County General District Court) - 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.  Security Deposit Litigation (Fairfax County Circuit Court) – Represented national corporation against a team of two extremely deceptive landlords who unlawfully withheld the corporation’s $9,000 security deposit. We successfully obtained the entire security deposit. Further, the judge awarded the corporation its attorney fees for an additional $9,000.   DISCLAIMER: Past case accomplishments are not an indicator of future results. Each case is unique., 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
Office Location for Faisal Moghul

8230 Boone Blvd.
Suite 210
Vienna, VA 22182

Phone: 571-295-5702

 

Faisal Moghul:

Last Updated: 5/11/2018

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