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LOUIS E. DOLAN, JR.

Le Dolan helps businesses interested in using litigation and dispute resolution mechanisms to resolve commercial and transactional disputes in pre-litigation stages, as well as in federal and state courts and regulatory agencies nationwide. Le heads the firm’s Tax Credit/Affordable Housing Litigation and Workout team and the Government Contracts team.

What do you focus on?

Today I focus my practice on three main areas.

Business and Commercial Disputes

I focus on using litigation and pre-litigation negotiation to resolve business and commercial disputes. I work with companies and individuals nationwide to bring the power of litigation to bear on resolving important business disputes, so they can get back to business. Litigation and pre-litigation strategies are an important business tool that, when used properly, can bring significant value to clients—even those who believe that litigation is only a cost center, not a value-added proposition. In this area, I have handled major lease disputes at international airports and real property development rights associated with land surrounding a major league baseball stadium. I have also handled several significant preliminary injunction hearings with great success.

Tax Credit and Affordable Housing Dispute Resolution

I bring over 15 years of experience working closely with transactional attorneys in the tax credit (low-income housing, new markets, renewable energy) and affordable housing arenas (HUD and state agencies) to bear in helping clients resolve problem projects or counterparties nationwide. These problems range from pre-development loans to construction and surety issues, to asset and property management issues, partnership disputes and compliance and reporting issues. I have handled these issues in state and federal courts throughout the country. For example, I recently handled a $50 million HUD-insured loan and construction work-out on an affordable housing project just north of New York City where the owner and general contractor had defaulted under their loan and construction contract obligations and the project was stalled. I successfully worked with the project lender, surety and HUD to restart construction and complete the project, re-work the HUD-insurance on the loan and restructure the loan and to sell the project to a new owner—all without jeopardizing the lender’s HUD-approved status and ensuring full occupancy of the project.

Government Contracts

I handle bid protests and agency litigation in matters involving federal, state and compact (quasi-government) agencies. These matters range from pre-bid litigation, to improper award litigation and compliance with federal, state and local government contracts.

What do you see on the horizon?

I see businesses coming to a better understanding of the value of a sound, well-planned, litigation and workout strategy as one of the key business tools in their arsenal to accomplish their commercial objectives and provide value to the bottom line. Litigation is often thought of as only a cost-center, but it can create real value for companies by opening new business opportunities and providing leverage in negotiations.

Representative Matters

  • Successfully represented Signature Flight Support Corporation in a multimillion dollar  ground sublease dispute involving a Signature sublessee, Landow Aviation, at the Washington Dulles International Airport, Signature Flight Support Corporation v. Landow Aviation Limited Partnership, 698 F. Supp. 2d 602 (E.D. Va. 2010) obtaining declaratory judgment and permanent injunction, affecting general aviation rights at Washington's Dulles Airport for the next 25 years;
  • Successfully represented insurance company in coverage dispute in the United States District Court for the Eastern District of Virginia, reported at American International Specialty Lines Insurance Company v. A.T. Massey Coal Company, Inc. et. al., 628 F.Supp.2d 674 (E.D. VA. 2009);
  • Represented several state insurance guaranty associations in adjudicatory proceedings before the Virginia State Corporation Commission and Virginia Supreme Court in insurer insolvency proceedings; (Va. Prop. & Cas. Ins. Guar. Ass'n v. Miller) 2009 Va. App. LEXIS 299 (Va. Ct. App., July 7, 2009);
  • Successfully represented master real estate developer of Ballpark District in litigation relating to real estate development rights surrounding new baseball stadium in Washington, D.C., (Monument Realty, Inc v. Washington Metropolitan Area Transit Authority), 535 F.Supp. 2d 60 (D.D.C. 2008), 540 F.Supp. 2d 66 (D.D.C. 2008);
  • Successfully represented healthcare insurance provider in trademark litigation, (CareFirst of Md., Inc. v. First Care, P.C.), 434 F.3d 263 (4th Cir. Va. 2006);
  • Represented principals of publically traded corporation in shareholder derivative claims, (Dockser v. Schwartzberg), 433 F.3d 421 (4th Cir. Md. 2006);
  • Handled substantial constructive defect insurance coverage litigation in the United States District Court for the Eastern District of Virginia, Transcon. Ins. Co. v. Caliber One Indem. Co., 367 F. Supp. 2d 994 (E.D.Va. 2005);
  • Represented franchisee in dispute with national franchisor, (Goldhammer v. Dunkin’ Donuts), Inc., 59 F. Supp 2d 248 (D. Mass 1999);
  • Defended foreign aircraft manufacturer in aviation disaster litigation in Loudoun County (Va.) Circuit Court;
  • Defended national internet service provider in shareholder litigation before Fairfax County (Va.) Circuit Court and Virginia Supreme Court; 
  • Defended national retail chain in software licensing dispute before United States District Court for the Eastern District of Virginia; and
  • Successfully represented national tax credit syndicators in successful general partner removal litigation in Louisiana, South Carolina, Maryland, Texas, Tennessee, and Florida.

Publication

  • “The Last Resort: The process and the pitfalls of removing partners,” Affordable Housing Finance Magazine, January 2011 (Author)

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Louis E. Dolan