Robert J. Cunningham
Shareholder

Phone: (703) 790-1911
Fax: (703) 848-2530
RCunningham@reesbroome.com

Mr. Cunningham’s litigation practice is broadly-based, at both the trial and appellate levels. He works with clients facing construction, real estate, employment, general contract, debt and business contract disputes. A number of Rob’s cases are cited decisions by the Virginia Court of Appeals and Virginia Supreme Court as well as legal journals and publications. Rob was named one of the “best lawyers” by Washingtonian Magazine.

  
 


Practice Focus

Mr. Cunningham represents companies and individuals as both plaintiffs and defendants, in Virginia and federal courts. He is also highly experienced in mediation and arbitration proceedings, and his specialty is complex cases, representing construction companies, contractors, homeowners, consumers, lawyers and law firms and parties to commercial transactions.  Mr. Cunningham appears before local courts in the Commonwealth of Virginia, the Virginia Supreme Court, the Virginia Court of Appeals, the United States District Court divisions across Virginia, and the Fourth Circuit Court of Appeals.  Mr. Cunningham has also been admitted pro hac in various state and federal courts in the mid-Atlantic states.

Representative Experience

  • Successfully defended an employer charged with misappropriation of retirement funds in state court jury trial
  • Won a substantial arbitration award on behalf of a former business owner who alleged violation of copyright and intellectual property rights in a business sales agreement, to include pre-verdict seizure of purchaser’s assets
  • Won an unprecedented contribution claim by an individual defendant against other co-defendants charged with intentionally converting employee pension funds in federal ERISA litigation
  • Obtained dismissal of a multi-count prosecution against a closely-held company charged with numerous building and fire code violations in a large commercial building
  • Successfully defended a business owner charged with assaulting police officers in a multi-count felony indictment
  • Won a six-figure jury damages award for a Secret Service agent exposed to pesticides while on duty
  • Had a contract to purchase an exotic sports car rescinded by court on behalf of a client suffering from an undiagnosed mental infirmity at the time of purchase
  • Obtained $450,000 verdict in favor of stockholder against managing director of closely-held corporation for shareholder oppression and conversion of corporate assets
  • Won a $380,000 judgment in contested proceedings (including compensatory and punitive damages) on behalf of construction client/homebuilder against individual investors for fraudulent scheme to purchase and resell new homes
  • Lead counsel in defense of RICO/Immigration Fraud case brought in Eastern District of Virginia resulting in Rule 41 Dismissal – plaintiff’s experts struck in pre-trial proceedings on procedural and substantive grounds
  • Lead counsel in defense of state and federal software copyright claims filed in Western District of Pennsylvania Federal District Court – successful pre-trial proceedings resulted in extensive published opinions by District Court on new and novel legal doctrines governing software copyright infringement actions
  • Successfully vacated arbitration award rendered by the American Arbitration Association against Homeowner Association by aggrieved property owners in vigorously contested proceedings in Virginia State Court – Circuit Court adopted each and every legal argument tendered on behalf of Homeowners’ Association in ruling that American Arbitration Association did not have jurisdiction or standing to arbitrate underlying claim – case is now pending before the Supreme Court of Virginia
  • Lead counsel in defense of unique “traverse” proceedings instituted by creditors’ counsel in Superior Court for the District of Columbia.  Exceedingly complex case spanned 10 years, in multiple jurisdictions and venues, with reported appellate decisions
  • Lead appellate counsel in prosecution of Supreme Court appeal of trusts and estates matter from Fairfax County Circuit Court.  Writ has been granted and arguments scheduled for spring, 2010
  • Lead counsel in successful defense of construction defect case for custom home builder involving novel issues of law, including claims of spoliation of evidence asserted by plaintiff’s counsel. Case on appeal to Virginia Supreme Court
  • Lead counsel in successful, multi-year, vigorously contested partition action involving one of largest tracts of undeveloped waterfront properties in the D.C. metropolitan area
  • Lead counsel of record in successful appeal to Virginia Supreme Court in published opinion that reversed ruling of trial court that erroneously held that estate is not liable for large mortgage debt on marital residence that passed to wife outside of probate of estate

Education and Background

  • J.D., American University (1987)
  • Civil Rights Division of the U.S. Department of Justice Intern Honors Program (1985 – 1987)
  • B.A., University of Texas (1981)

Bar/Court Admissions

  • Virginia
  • United States District Court for the Eastern District of Virginia
  • United States Court of Appeals for the Fourth Judicial Circuit

Professional and Civic Involvement

  • Named one of Washingtonian Magazine’s “Top Lawyers"
  • Member, Fairfax Bar Association
  • Member, Virginia State Bar Association