Louis E. Dolan, Jr.

/My focus

I focus my practice on two main areas.

Business and Commercial Disputes

I work with companies and individuals nationwide to resolve business disputes using effective litigation and pre-litigation strategies. These strategies are critical business tools that 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 international airport lease disputes and a matter regarding real property development rights associated with land surrounding a major league baseball stadium in which we obtained injunctive relief for our client. Additionally, I have significant experience in false claims act, commercial contract, lending and partnership disputes and non-compete cases for business in a variety of industries with great results for my clients.

Tax Credit and Affordable Housing Dispute Resolution

I have nearly 20 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) in resolving and, where necessary, litigating those types of disputes. This enables me to effectively help clients resolve issues ranging 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 matters in state and federal courts nationwide. Most recently I handled a $50 million HUD-insured loan and construction work-out on an affordable housing project just north of New York City. I successfully worked with the project lender, surety and HUD to restart construction and complete a project that stalled because the owner and general contractor had defaulted under their loan and construction contract obligations. This entailed restructuring the loan’s HUD-insurance and loan obligations and ultimately finding a purchaser for the project—all without jeopardizing the lender’s HUD-approved status and ensuring full occupancy of the project.

/Representative experience

• Representing St. Andrews Links Ltd., the operator of a number of PGA-level golf courses, in a trademark infringement case,  St. Andrews Links Ltd v. International Insignia Ltd., Case No. 4:15-cv-00106, (E.D. Va., 2015)
• Successfully represented Aircraft Service International, Inc., in Delaware Superior Court relating to claims of breach of representation and warranty under purchase and sale agreement, Aircraft Service International, Inc. v. TBI Overseas Holdings, Inc., et al. (2014 WL 4101660)
• 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. 20 10) 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, DC, (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 health care 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
• Successfully represented national tax credit syndicators in successful general partner removal litigation in Louisiana, South Carolina, Maryland, Texas, Tennessee and Florida

/Looking ahead

I see major businesses of all types coming to a better understanding of the value of sound, well-planned litigation and workout strategies as part of the key 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, when used properly by experienced counsel it can create real value for companies by opening new business opportunities and providing leverage in negotiations.

/Insights

• “Litigation in the Tax Credit Property Disposition Context,” IPED Tax Credit Disposition Conference, Los Angeles, CA, November 2, 2018
• “False Claims Act Defense,” National Contract Management Association (NCMA) World Congress, July 28–29, 2015
• “Tax  Credit Property, Litigation, Removals, Dispositions and Exits,” Tax Credit Property Dispositions and Affordable Housing Update, IPED Conference, Arlington, VA, November 5–7, 2014
• “The Art of Dissolution, Winding Up, and Cancellation of a LLC,” Affordable Housing Finance Magazine, September 16, 2014
• “Understanding Government Contract Audits,” National Contract Management Association World Congress, July 29–August 1, 2012
• “The Last Resort: The process and the pitfalls of removing partners,” Affordable Housing Finance Magazine, January 2011