Representative Cases
Representative Cases in High-Stakes Commercial Litigation
At Costin Marcus PLLC, we measure our work by the impact it delivers for our clients. As one of Northern Virginia’s leading commercial litigation boutiques, we handle disputes that shape the direction of companies, protect competitive advantage, and safeguard the future of businesses and their leaders. The matters highlighted below reflect the depth of our experience across complex commercial conflicts—from high-stakes trials and fast-moving injunction proceedings to strategic settlements that resolve disputes efficiently and on our clients’ terms. While many of our engagements are confidential, these examples illustrate the skill, preparation, and judgment we bring to every case we handle.
• In a closely watched trade secrets case, we helped secure the largest jury verdict in Virginia history—over $2 billion. On appeal, the Supreme Court of Virginia reversed some of the trial court rulings, affirmed others, and remanded the case back to the trial court for further proceedings. Appian Corp. v. Pegasystems, Inc., et al., Fairfax County Circuit Court.
• Represented a trust beneficiary in litigation involving more than $10 million in assets, addressing whether the trustee complied with fiduciary duties across a complex estate plan involving multiple trusts and interrelated asset distributions. Fairfax County Circuit Court.
• Representing a technology company in a civil business conspiracy action arising from administrative proceedings that invalidated patents previously valued at more than $1 billion. Alexandria Circuit Court.
• Obtained a complete “walk-away” resolution for a government contracting firm and its founders after a competitor alleged more than $3 million in damages. Through targeted discovery and successful motions practice—including securing court-ordered discovery of plaintiff’s communications with a government agency—we positioned the case for dismissal of all claims with no payment by our clients. Fairfax County Circuit Court.
• Retained by lead counsel to advise on derivative litigation involving control of a luxury resort valued in excess of tens of millions of dollars.
• Defended a property owner in litigation arising from the sale of a former hotel, including jurisdictional challenges in federal court and cross-motions for summary judgment in Maryland state court. U.S. District Court for the District of Maryland and Baltimore County Circuit Court.
• Successfully set aside a $650,000 default judgment against a federal government employee living abroad, demonstrating improper service under Virginia law after evidentiary hearings and extensive motion practice. Fairfax County Circuit Court.
• Served as local counsel in class actions alleging breach of contract against a major life insurance company, working with lead counsel at Susman Godfrey LLP on filings, discovery, and strategic issues under the local rules of the Eastern District of Virginia. Both cases resulted in court-approved settlements favorable to the insureds. Martin Silverstein v. Genworth Life Ins. Co., U.S. District Court for the Eastern District of Virginia.
• Serving as local counsel to a technology company in a patent infringement case in the Eastern District of Virginia, advising on local rules, procedural strategy, and litigation planning in coordination with lead counsel. U.S. District Court for the Eastern District of Virginia.