Representative Matters

Arbitration Counsel on behalf of clients in ICC and UNCITRAL administered arbitrations representing private companies and foreign governments on matters related to construction and Bilateral Investment Treaty (BIT) claims
Successfully defended developer against claims of discrimination in housing under the D.C. Human Rights Act in a lengthy jury trial in the District of Columbia’s Superior Court
Successfully prosecuted claims for Title VII gender/pregnancy discrimination in jury trial in federal district court at the Eastern District of Virginia. Judgment included recovery for back pay, front pay, emotional distress, punitive damages and attorney’s fees
Successfully prosecuted arbitration claim at the American Arbitration Association (AAA) for design fees on behalf of architect for the design of a law firm
While working on behalf of a Pennsylvania municipality, successfully defeated contractor’s claims for delay damages
At the Board of Contract Appeals on behalf of general contractor, proved that the agency’s project manager breached his duty of good faith and fair dealing by failing and refusing to review contractor’s reasonable early completion schedule
Omega World Travel, Inc. V. Mummagraphics, Inc.- successfully defended a large, woman-owned travel agency against claims by a so-called anti-SPAM advocate. Omega World Travel, Inc. v. Mummagraphics, Inc., 469 F.3d 348 (2006). In addition to obtaining a multi-million dollar jury verdict on its counterclaim against Mummagraphics, Inc., the United States Court of Appeals for the Fourth Circuit decided, in a case of first impression, that the federal CAN-SPAM Act preempted state law claims covered by the CAN-SPAM Act
Paralyzed Veterans of America v. Ellerbe Becket Architects & Engineers, P.C., 945 F. Supp. 1 (D.C. D.C. 1996) - argued the first case in the United States to address an architects liability for design and construction under the Americans with Disabilities Act (“ADA”.) In this matter, which related to the Arena for the Washington Wizards basketball team, he successfully persuaded the United States District Court for the District of Columbia that the plain meaning of the ADA makes clear that architects are not covered by Sections 302 and 303 of the ADA
Virginia case of first impression at the trial court level - successfully defended a homeowner against an under-licensed contractor that did not possess the proper class of license. In dismissing the contractor’s claim with prejudice, the court held that the statute creates no exception for a contractor exceeding the monetary limits of his license. Daniel Jones Remodeling LLCX v. Johnny Cheng-The Chiu, et. Al, 2008 WL 2227791, Fairfax County Circuit Court (May 21, 2008)

Thomas Powell

Representative Matters

Firm Highlights