Faisal Moghul

Attorney Profile

Top Rated Real Estate Attorney in Vienna, VA

Mehalko & Moghul PLLC
 | 8230 Boone Blvd., Suite 210
Vienna, VA 22182
Phone: 571-295-4096
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

Real Estate: Condominiums & Cooperatives, Landlord/Tenant

Business/Corporate: 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 and 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 and 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 and Settlements:

  • COMPLEX REAL ESTATE AND BUSINESS LITIGATION Diep N. Vu v. Everbank, MERS Inc et al. (Case No 2015-10247, Fairfax County Circuit Court) (2015) – 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 non-interest bearing note. Secured client a full release from Commonwealth Land Title Association. Case was covered by the Virginia Lawyers Weekly’s Verdicts & Settlements Section.  Credit International GMBH v. ISecured Inc, Case No. 2017-03370, Fairfax Circuit CourtRepresented ISecured Inc 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.           $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 of Fairfax County.  408 E. 73rd St. Housing Corporation v. ALH Properties Four LLC, RVP Management Corporation et al. (Index No.: 2015-653814, New York County Supreme Court) (2015) – Represented board of directors of real estate cooperative in complex multi-party breach of director fiduciary duty suit. Case settled favorably. Harriet & Dexter Frost v. Reyes Services LLC, The Reyes Group LLC et al, (D.C. Superior Court Case No.: 2016 CA 005647B) – Representing prominent real estate development group in ongoing construction dispute related to a D.C. rehabilitation project. Pinehills Properties LLC v. Advanced Structural Concepts Inc (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. O’Brien v. Bloomberg L.P., et al (Index No.: 2014-162746, New York County Supreme Court) (2014) – 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. COMPLEX LANDLORD TENANT & COOPERATIVE/CONDOMINIUM LITIGATION Mount Vernon LLC v. Pollo Royal et al, Case No. GV17002597-00, Fairfax General District Court. Represented well-known Peruvian chicken chain restaurant regarding leasing dispute related to three business partners asserting ownership over the restaurant. Successfully negotiated settlement and release of client. Belmont Chase LLC v. Ironstone Hospitality LLC (d/b/a Iron Stone Hibachi Sushi Lounge), Case No.: GV17001580-00, Loudoun County General District Court. Represented renewed 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. Rosen Financial LLLP v. Cowan Realty LLC, Fairfax County. 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. Regal Center LLC v. Cheng & Associates Inc, et al, Case No. GV17009903-00, Loudoun County General District Court. Represented Chinese restaurant in complex leasing dispute involving back rent, CAM maintenance, utility and tax assessment charges passed through to the commercial tenant. Successfully negotiated settlement involving several thousand dollars of reduced monthly rent and waiver of all past due interest and charges totaling more than $100,000.   Eskridge LLC v. Stellogix LLC, Case No. GV17-11341, 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.     Mate LLC v. Georgetown Millennium Trust Co. (District of Columbia): We were retained by a prominent sushi restaurant and bar in Georgetown to negotiate a leasing dispute with Landlord stemming from the Landlord’s billing practices for water usage. Negotiated compromise by invoking specific Tenant rights under the complex commercial lease, which involved the installation of a direct billing meter on Tenant’s premises. Red Lava Investments LLC v. Ivonne Cedeno, Case No. 16025467, Fairfax County General District Court. Foreclosure-related Eviction. Client-Investor sought services to evict tenant at sufferance on recently purchased investment property. Successfully obtained desired result. Laxmi Chegu v. S.M, Case No.: GV17003912-00, Fairfax County General District Court – successfully defended Landlord-Defendant against a professional tenant who had Landlord falsely arrested for felony grand larceny. Tenant then sued Landlord for breach of contract, conversion and abuse of access. We counterclaimed for abuse of process, malicious prosecution and breach of contract. After a 9-hour trial, we prevailed on all counts and were awarded $10,000 in punitive damages against the tenant, and all attorney’s fees incurred by the client.  LL & LM v. Arlington Realty Inc and Colin Place LLC, Case No. CL-16002171, Arlington County Circuit Court, 2016) – Complex mold litigation. We were retained by tenants in a condominium complex to take action against the Landlord and property manager who failed to properly remediate toxic mold on the premises. Case settled favorably.    Kelly Gagnon et al v. Mohammed Ostovarzijerdi, Case No. Case No. GV17002691-00, Prince William General District Court (2017) – Complex 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 last almost seven hours. Client-Landlord was awarded possession, and we successfully barred tenants from pursuing any damages against client. Cumberledge v. King (Case No. GV16-4168, Stafford County General District Court, 2016): 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.   Sarah Kallassy v. Holly Woodworth, Case No.: GV17000286-00, Fairfax General District Court – successfully prosecuted predatory slumlord seeking to extort thousands of dollars in damages from clients-plaintiffs. The Audrey v. O.E Ramirez et al (Case No.: GV1600131700, Arlington County General District Court, 2016) – Successfully evicted multiple tenants in unlawful detainer lawsuit on behalf of prominent Arlington County developer and real estate investor/landlord. Lai-Dang Real Estate LLC v. Gloria Berry (Case No.: GV-16007898-00, Fairfax County General District Court, 2016): Successfully represented LLC in complex unlawful detainer suit involving issues related to lease assignment, agency authority and disputed rent amounts. Verma v. Khatib (Case No. 16-16615, Fairfax County General District Court, 2016) – We were retained by the tenant in an unlawful detainer proceeding in which our position was not strong. Landlord was claiming more than $20,000 in damages, including past due late fees, and unauthorized occupancy charges. We were able to maneuver a dismissal of all these charges by pointing to the Landlord’s contradictory conduct that diverged from the terms of the lease. Arhancet v. Thompson et al (Case No. GV1602055800, Fairfax County General District Court, 2016): Represented prominent CEO of worldwide e-sports company, Team Liquid, in eviction suit in Annandale. Since time was of the essence, we were able to resolve the case before the return date by incentivizing the tenants to move quickly and avoid any further liability. Lichtenstein v. Lerner Corporation (Fairfax County): We were retained by the owner of a sea shells company who was improperly being required by the Lerner corporation to pay rent for an alleged roommate whose name should not have been on the Lease. After notifying Lerner Corporation of the law on lease modifications, and their duties pursuant thereto, we were able to resolve the problem without the need for court intervention. Unit Owner v. White Oak Tower Condominium Unit Owners Association, (Vienna, Virginia) – we were retained by the unit owner of a condo who has contracted to sell his unit to a purchaser wishing to utilize the property for medical use. However, the board of directors of the condo association refused to issue a medical use permit due to multiple convoluted reasons, including the Town of Vienna’s disputed calculations related to medical use square footage in the condo association. We were eventually able to overcome the Board’s resistance and initiate the process of securing the medical use permit for our client’s property. Bahram Shahand v. House Buyers of America Inc (D.C.). This was a complex title related issue related to real property conveyance in the District. Successfully obtained disgorgement of more than $30,000 in security deposit monies wrongfully withheld from our client. Lee, Morris et al v. Ghassemi, Case No. GV17-04, Arlington General District Court. Mold Litigation – complex mold related suit involving a range of other landlord tenant issues. Wende Enterprises LLC v. David Lynch, Case No. GV17000457, Fairfax General District Court. Represented owner of burger truck in breach of contract suit for failure to remit payments per the terms of the promissory note. Obtained judgment in favor of client. Mover et al v. Peabody Residential et al, Case No. GV16-5155;5169; 5727, Loudoun County General District Court. Challenge to Applicability of Non-Disparagement Clauses in Standard form Consumer Contracts – this was an interesting case involving the enforcement of a non-disparagement clause in standard form consumer contracts, a property rental agreement.      , 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: 571-295-4096

     

    Faisal Moghul:

    Last Updated: 11/2/2017

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