Robert J. Farlow
Partner
Robert J. Farlow
+1.703.720.8069
Overview
Robert Farlow is a litigation attorney in Holland & Knight's Tysons and Richmond offices. Mr. Farlow focuses his practice in the areas of complex commercial, corporate and employment litigation.
Mr. Farlow regularly appears in state and federal courts on a variety of civil matters, prepares and argues dispositive motions and conducts and defends depositions, including those involving expert witnesses. During the early stages of litigation, Mr. Farlow has navigated clients through the modern e-discovery process in the U.S. District Court for the Eastern District of Virginia, one of the fastest trial courts in the federal judiciary. Mr. Farlow also has litigated several appellate matters before the Supreme Court of Virginia and the U.S. Court of Appeals for the Fourth Circuit.
When complex business disputes can or must proceed through arbitration, Mr. Farlow draws on experience resolving complex business disputes before the American Arbitration Association and other judicial arbitration and mediation services. His arbitration experience includes a focus on sensitive and complex shareholder disputes involving claims for breach of fiduciary duty and fraud.
Prior to joining Holland & Knight, Mr. Farlow was an associate in the commercial litigation practice of an Am Law 100 firm, where he focused on commercial business disputes and land use litigation. Before entering private practice, Mr. Farlow served as a law clerk in the U.S. District Court for the Eastern District of Virginia to the Honorable Anthony J. Trenga (2015-2016) and the Honorable John F. Anderson (2014-2015).
Mr. Farlow's pro bono matters involve litigating cases on behalf of military service members and assisting veterans with petitions for discharge upgrades before the Army Board for Correction of Military Records. He also has pro bono experience with drafting and analyzing commercial contracts and advising nonprofit organizations on Health Insurance Portability and Accountability Act (HIPAA)-compliant procedures.
While in law school, Mr. Farlow served as editor-in-chief of the University of Richmond Law Review, where he managed the university's primary legal publication along with six editorial board members and 32 second-year law students.
Representative Experience
- Represented a firearms manufacturer as local counsel in the U.S. District Court for the Western District of Virginia; assisted in the defense of various claims asserted under the Lanham Act, in addition to breach of contract and defamation claims, as well as the prosecution of counterclaims for breach of contract, resulting in a complete defense verdict at trial
- Represented a government contractor in connection with the prosecution of non-solicitation and trade secret claims arising under Virginia law and the federal Defend Trade Secrets Act; prepared demand letters and compliant to initiate settlement discussions, which resulted in a favorable resolution for the client before incurring costs of litigation
- Represented a Fortune 500 electronics manufacturer to obtain the reversal of a previously entered default judgment and dismissal of additional companion cases following an evidentiary hearing on grounds of res judicata; the opinion issued by the Spotsylvania County Circuit Court after the evidentiary hearing found in favor of the client on all defenses and barred the plaintiffs from filing additional lawsuits arising from the same transaction or occurrence
- Represented a government contractor in connection with breach of contract claims arising under a software as a service (SaaS) agreement; prepared response to initial demand letter that resulted in successful settlement and resolution of claims before the client incurred the costs of litigation
- Represented a military veteran before the Army Board for Correction of Military Records to obtain a discharge upgrade pursuant to applicable U.S. Department of Defense guidance memoranda
- Represented a government contractor and its recently hired employees in defending against non-compete and trade secret claims in the U.S. District Court for the District of Maryland; assisted in the preparation of dispositive motions in response to the Complaint, which resulted in the Court dismissing three of the claims and caused the parties to pursue mediation; the litigation was resolved shortly after mediation on favorable terms for the client and resulted in the submission of a stipulation where the plaintiff agreed to the dismissal of all remaining claims with prejudice
- Represented a government contractor in recovering monies due under indemnification agreements, which were initially presented through threatened arbitration, but were quickly resolved post-sale via settlement on favorable terms for the client
- Second chair during a two-week bench trial in Delaware Superior Court involving a multimillion-dollar post-M&A dispute; assisted in the preparation and examination of expert witnesses opining on business valuation methodologies in the startup industry; the court’s post-trial opinion addressing liability found in the client’s favor on all claims and denied relief on all counterclaims asserted by the defendants; litigation pertaining to the court’s final award of damages remains ongoing
- Represented a government contractor in defending against an earn-out payment demand following a multimillion-dollar acquisition; this post-acquisition dispute proceeded through a contractually mandated arbitration and resulted in a determination fully in favor of the client in which the arbitrator found that no earn-out payment was owed
- Represented two individuals sued for civil business conspiracy and defamation in Virginia state court where plaintiffs sought damages in excess of $3 million; after a series of pretrial motions, successfully obtained a dismissal with prejudice on all counts of the complaint
- Assisted in the representation of a nonprofit religious organization facing a civil suit for breach of contract and fraud, including the preparation of appellate briefs following the successful dismissal of all claims in the trial court
- Represented a technology company to obtain the return of corporate property following the execution of a search warrant in the U.S. District Court for the Eastern District of Virginia
- Represented a government contractor and its owners in defending against a civil complaint filed in the U.S. District Court for the District of Maryland, alleging a variety of employee-based discrimination claims; after successfully moving to strike the complaint, the client successfully moved to dismiss the plaintiff's amended complaint with prejudice; the result allowed the client to avoid the substantial litigation costs that often begin during discovery
- Represented a national sports team in connection with litigation over the team's confidential and attorney-client privileged information; provided legal guidance on other internal investigations involving the team that were ongoing
- Represented an individual investor in prosecuting civil claims for breach of contract and fraud against various companies and individuals based on fraudulent investment scheme; after more than two years of litigation, which included extensive motions practice in connection with discovery, the U.S. District Court for the District of Maryland awarded a default judgment against one of the corporate defendants, which included $500,000 in compensatory damages, $250,000 in punitive damages, plus pre- and post-judgment interest; the enforcement of this judgment remains ongoing
- Represented one of the country's largest trade associations in responding to foreign subpoenas served on the client and its officers in connection with a highly publicized toxic tort class action
- Represented a well-known chief financial officer (CFO) in the government contracts industry who received a notice of dispute from his employer after he provided two weeks' notice to begin working at another government contractor; when the non-compete dispute escalated to litigation, successfully opposed a motion for expedited hearing and motion for preliminary injunction, thus allowing the CFO to transition to his new job without interruption; the case was eventually dismissed pursuant to a settlement agreement, which resolved the matter on favorable terms for the client and his new employer
- Represented a military veteran in connection with a lawsuit filed against her in the U.S. District Court for the Eastern District of Virginia; plaintiff sought more than $300,000 in compensatory damages and $350,000 in punitive damages in connection with claims for defamation, malicious prosecution and tortious interference with business expectancy; after a year of litigation, which included the successful filing of several motions to dismiss and a motion for summary judgment, the matter proceeded to a five-day jury trial; after a full day of deliberations, the jury returned a $10,000 verdict for plaintiff, denying all other compensatory damages and denying plaintiff's request punitive damages
- Represented a government contractor and its owners in connection with a lawsuit filed by their former general counsel in the U.S. District Court for the District of Maryland that alleged claims of post-employment retaliation and violations of 1) Title VII, including hostile and abuse work environment, 2) the Family Medical Leave Act (FMLA), 3) the Americans with Disabilities Act (ADA) and 4) the Rehabilitation Act of 1973; after the client initially retained another law firm to dismiss the complaint, Holland & Knight became counsel to address the plaintiff's amended complaint through a motion to dismiss, which was granted and dismissed the amended complaint with prejudice, thus ending the litigation before discovery could commence
- Represented landowners in defending against a multicount complaint alleging business conspiracy, defamation and common law claims of conspiracy and insulting words; after extensive pre-trial briefing on demurrer, the court granted the client's demurrer and dismissed the complaint in its entirety
- Represented a nonprofit organization in connection with the establishment of records retention policy in compliance with applicable statutes and regulations
- Represented the sellers of a multimillion-dollar government contracting business in connection with a lawsuit filed against them in the U.S. District Court for the Eastern District of Virginia alleging claims for breach of contract, violation of Virginia's Wage Payment Act, tortious interference with contracts and business expectancies, statutory and common law conspiracy and unjust enrichment; primarily responsible for drafting all dispositive motions in the civil action, which resulted in the dismissal of several claims prior to trial and led to a favorable settlement for defendants after submitting a motion for summary judgment
- Represented an employee and non-party employer in their defense against non-compete, non-solicitation and trade secret litigation in the U.S. District Court for the District of Maryland; primarily responsible for drafting all dispositive motions prior to trial, the first of which caused plaintiff to amend its complaint and later agree to settle the matter on terms that did not include any monetary payment in exchange for dismissal of the lawsuit
- Represented the purchasers of a government contracting business in connection with indemnity claims and disputes over networking capital that initially proceeded to litigation in Fairfax County Circuit Court, but was later successfully removed by purchasers to the U.S. District Court for the Eastern District of Virginia, where the matter was settled prior to the client incurring substantial litigation costs
- Represented a biomedical research and technology company in responding to inquiries from the U.S. Department of Justice (DOJ)
- Assisted in the representation of a construction management company and related partnership in connection with a real estate payment dispute submitted to arbitration
- Represented two members of the Saudi royal family that were faced with civil claims of human trafficking, involuntary servitude, forced labor, and breach of contract in the U.S. District Court for the Eastern District of Virginia; after nearly 18 months of litigation, the plaintiff dismissed her case with prejudice and admitted that there was insufficient evidence to pursue her allegations
- Represented America's largest automobile service organization in connection with breach of contract and tortious interference claims filed in Fairfax County Circuit Court in Virginia, which included a series of successful pretrial motions that resulted in complete dismissal of the lawsuit prior to trial
- Represented former sellers of government contracting business in a multimillion-dollar, post-closing acquisition dispute filed in Arlington County Circuit Court in Virginia, which resulted in a favorable settlement for the client prior to trial
- Represented a construction company and employees in trade secrets litigation filed in Prince William County Circuit Court in Virginia, which resulted in a favorable settlement for the clients prior to trial
- Represented a physician in successfully quashing a non-party subpoena served in connection with litigation brought under the Rehabilitation Act in the U.S. District Court for the Eastern District of Virginia
- Represented a partner in a private wealth management group in connection with an employment dispute, which resulted in a favorable resolution for the client prior to litigation
- Represented a government contractor in connection with breach of contract and non-solicitation claims brought in the U.S. District Court for the Eastern District of Virginia, which resulted in a favorable settlement after the filing of a preliminary injunction
- Represented an international law firm in successfully quashing various non-party subpoenas served in connection with litigation brought in the U.S. District Court for the Middle District of Alabama
- Represented a government contractor in False Claims Act litigation brought in the U.S. District Court for the Southern District of Georgia, which resulted in a favorable settlement for the client after the filing of a motion to enforcement settlement
- Represented a hedge fund administrator and its former chief executive officer (CEO) in securities fraud class action brought in the U.S. District Court for the Eastern District of Virginia, which included a series of pretrial motions that resulted in complete dismissal of the lawsuit prior to trial
- Represented a global hotel brand in connection with a trademark infringement dispute filed in the U.S. District Court for the Middle District of Florida
- Represented an interstate gas transmission subsidiary in multimillion-dollar construction dispute filed in the U.S. District Court for the Eastern District of Virginia, which resulted in a favorable settlement for the client prior to trial
- Represented a real estate investment trust (REIT) in land use dispute filed in Fairfax County Circuit Court in Virginia, resulting in a favorable verdict for the client after trial
- Represented a global hotel brand in formal arbitration to resolve contractual disputes and environmental toxic tort claims
- Represented a private university in accreditation dispute filed in the U.S. District Court for the Eastern District of Virginia, including through appeal in the U.S. Court of Appeals for the Fourth Circuit
- Represented an American brewery in a construction dispute filed in Rockingham County Circuit Court in Virginia, which resulted in a favorable settlement prior to trial
- Represented a developer of natural gas pipeline in various eminent domain disputes in circuits courts throughout Virginia, including in appeals before the Supreme Court of Virginia
Credentials
Education
- University of Richmond School of Law, J.D.
- Furman University, B.A., Political Science, magna cum laude
Bar Admissions/Licenses
- District of Columbia
- Georgia
- Virginia
Court Admissions
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Court of Appeals for the Fourth Circuit
- District of Columbia Court of Appeals
- Supreme Court of Virginia
- All Superior Courts in Georgia
Memberships
- International Trademark Association, Right of Publicity Committee, 2023-2025
- Federal Bar Association, Richmond Chapter, Board of Directors, 2023-Present; Membership Secretary, 2023-Present
- Federal Bar Association, Northern Virginia Chapter, Board of Directors, 2020-2023; Young Lawyers Committee, Co-Chair, 2019-2023
- University of Richmond Law Review, Advisory Board Member, 2022-Present
Honors & Awards
- Holland & Knight Pro Bono All-Star, 2018-2021, 2023