Brandon H. Elledge

Brandon H. Elledge is a partner in Holland & Knight's Tysons office. Mr. Elledge practices in the areas of commercial litigation and employment counseling.

Mr. Elledge regularly appears before federal and state courts in and outside of Virginia on business, merger and acquisition (M&A) and employment-related disputes, and has tried several cases first chair. His litigation practice includes, among other things, the representation of companies and government contractors in pursuing and defending against claims of trade secret misappropriation, enforcement of restrictive covenant agreements (e.g., non-compete, non-solicitation and non-disclosure agreements) and various other business torts (e.g., tortious interference, conspiracy, breach of fiduciary duty) and computer-related offenses.

Mr. Elledge represents businesses in a variety of matters involving M&A, shareholder and indemnity claims, transaction price adjustment claims, prime and subcontractor disputes, breach of representations and warranties and breach of contract, corporate dissolution, fraud, defamation and negligence.

In addition, Mr. Elledge's counseling practice involves several aspects of litigation avoidance and preparation and alternative dispute resolution, 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 non-solicitation and other restrictive covenants as well as 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

• Resolved indemnity/breach of representation and warranty claim against government contractor seller client at small fraction of $80 million claim asserted by buyer and with seller client also retaining a portion of transaction's held back amount
• Obtained ruling from accountant neutral in favor of buyer client with a determination of zero liability on each of the eight decided earnout out claims asserted by seller totaling $5.8 million
• Obtained dismissal with prejudice of fraud and breach of contract action brought against defendant client through demurrer and plea in bar motions
• Obtained a preliminary injunction 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 1) soliciting customers, 2) referring or diverting customers, 3) unlawfully competing and 4) disclosing, using or allowing to be used, any of the client's confidential information related to its customers
• Obtained dismissal with prejudice with no payment from prime contractor client, who was sued by a subcontractor for more than $30 million on claims of breach of contract, tortious interference with non-competes, unjust enrichment and business conspiracy following client's termination for default of subcontract
• Obtained a jury verdict (including punitive damages and fee award) in excess of $1.1 million for 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 summary judgment for a technology firm on its $3 million breach of contract claim
• Obtained a defense verdict for corporate client in a jury trial over former employees' alleged "partial day docking" claim brought under the Fair Labor Standards Act (FLSA)
• Secured a six-figure recovery from former employee of technology firm client who had defrauded client
• Represented and resolved a suit brought by buyer against government contractor seller in a suit involving claims of withheld escrow, breach of representations and warranties, and fraud
• Represented and resolved a suit brought by seller against a government contractor buyer involving claims of breach of purchase agreement
• Represented a government contractor in resolving trade secret misappropriation claims against a competing firm
• Represented a technology firm in resolving trade secret and non-solicitation/non-compete suit brought by competitor
• 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 defendant
• 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