Brandon H. Elledge is a partner in Holland & Knight's Tysons office. Mr. Elledge practices in the areas of commercial litigation and employment counseling. He regularly appears before state and federal courts in and outside of Virginia on business disputes and employment-related disputes and has tried several cases first chair. Mr. Elledge's litigation practice includes, among other things, the representation of companies and government contractors in enforcing restrictive covenant agreements and other claims against employees and other parties, such as trade secret misappropriation, tortious interference, conspiracy, breach of fiduciary duty, and computer-related offenses. Mr. Elledge also represents companies and contractors in the defense of such business tort and other intellectual property claims, as well as in the defense of alleged violations of non-compete, non-solicitation and non-disclosure agreements.
Mr. Elledge represents businesses in a variety of disputes involving prime and subcontractors, mergers and acquisitions, shareholder and indemnity claims, breach of contract, breach of representations and warranties, corporate dissolution, fraud, defamation, and negligence. His counseling practice involves several aspects of litigation avoidance and preparation, and issues concerning employee or consultant hiring, movement, and terminations. Based on this experience, Mr. Elledge further assists and advises clients with employment and potential litigation matters, such as the negotiation of covenants not to compete and other restrictive covenants, and investigation of discrimination and retaliation claims and charges.
Mr. Elledge is the professional responsibility partner for the firm's Tysons office. He also is the co-editor of the Holland & Knight Trade Secrets Blog.
Recent Representative Matters
- Obtained a preliminary injunction in the U.S. District Court for the Eastern District of Virginia against a competitor and a former officer of a technology company due to violations of non-compete and non-solicitation covenants, which enjoined the defendant from (i) soliciting customers, (ii) referring or diverting customers, (iii) unlawfully competing, and (iv) disclosing, using or allowing to be used, any of the client's confidential information related to its customers
- Obtained dismissal with prejudice with zero payment on behalf of prime contractor client, who was sued by a subcontractor for more than $30 million following the client's termination for default of subcontract, on claims of breach of contract, tortious interference with non-competes, unjust enrichment and business conspiracy
- Obtained a jury verdict (including punitive damages and fee award) in excess of $1.1 million for a client based on a competing defendants' misappropriation of trade secrets, computer crimes act violations, breach of fiduciary duty and conspiracy
- Obtained complete defense verdict in a jury trial in favor of corporate and individual clients sued for $10 million on claims of conspiracy, defamation and tortious interference
- Obtained dismissal of negligence and gross negligence claims against a government contractor sued in toxic tort and asbestos action
- Defeated a government contractor's motion for preliminary injunction concerning client's alleged use of a contractor's proprietary data
- Obtained preliminary injunction against former employees of a technology firm, which prohibited them from using the firm's proprietary information as a means to compete against the firm or solicit their clients
- Obtained a seven-figure settlement in favor of subcontractor clients without any payment to prime contractor on its seven-figure re-procurement damages demand
- Obtained a summary judgment for a technology firm on its $3 million breach of contract claim
- Obtained a defense verdict for a client in a jury trial involving a former employees' alleged "partial day docking" claim brought under the Fair Labor Standards Act (FLSA)
- Represented a government contractor in resolving trade secret misappropriation claims against a competing firm
- Represented a government contractor in obtaining dismissal of an age discrimination claim and summary judgment in its favor on defamation and tortious interference claims brought by former employee
- Defended an entity against and resolved wrongful death and gross negligence claims
- Represented the owners of a government contractor in resolving an action involving claims of breach of fiduciary duty, fraud and conspiracy against co-owners and defended against a corporate dissolution counterclaim asserted by a co-owner
- Represented a government contractor in successfully removing defamatory and disparaging blogs and websites that were alleged to have been anonymously posted
- Obtained the dismissal of a former employee's declaratory judgment action seeking to invalidate insurance company's non-compete and non-solicitation agreement
- Represented government contractors in resolving a non-compete dispute and non-solicitation of customer dispute related to the hiring of a competitor's senior employee
- Represented a group of sellers in defense of a corporate buyer's indemnity claim based on alleged breach of a representation and warranty provision in a purchase agreement
- Obtained dismissal of a former consultant's copyright infringement, computer crimes act and tortious interference claims
- Represented a group of closely held companies in defense and resolution of minority shareholder's corporate and LLC dissolution claims