Lawyer Bio : Gary H. Nunes

Gary H. Nunes

Tysons Corner

Gary is an experienced trial attorney who has more than 25 years’ experience in complex commercial litigation and white collar criminal defense matters. In particular, he represents clients in breach of contract, fraud, business torts, shareholder disputes and trademark, patent and copyright infringement matters. Gary’s litigation experience has included the representation of companies and individuals in matters filed in federal and state courts throughout the United States, including the Eastern District of Virginia (“Rocket Docket”). A former Assistant United States Attorney, Gary’s white collar criminal defense practice has included the representation of companies and individuals in federal prosecutions and grand jury proceedings as well as inspector general and internal investigations. 
 
Representative matters are as follows:
 
Litigation matters:
 
  • Represented a subcontractor in connection with a prime contractor’s termination of a subcontract in support of a government contract involving defense related services.
  • Represent a prime contractor in connection with a Department of Justice inquiry concerning false claims allegations.
  • Represented the acquiring company in an arbitration proceeding involving a dispute over the application of an “earnout” provision in a stock purchase agreement governing the acquisition of a federal government contracting firm.
  • Represented co-inventors in a suit against the United States in the United States Court of Federal Claims to recover their reasonable and entire compensation in connection with the United States’ use, without a license, of their patented body armor invention pursuant to 28 U.S.C. §1498(a).
  • Represented a worldwide developer of energy projects in litigation involving claims of fraud and breach of contract in connection with the purchase and sale of exhaust stacks.
  • Represented a provider of cyber security solutions in connection with claims of copyright infringement against a competitor.
  • Represented a major pharmaceutical company in three separate civil actions against mail-order pharmacies alleging claims of trademark infringement, counterfeiting and unfair competition in connection with the manufacture and sale of a prescription drug in violation of the United States Food, Drug and Cosmetic Act and the Lanham Act.
  • Represented a major pharmaceutical company in litigation alleging false and misleading advertising claims in violation of Section 43(a) of the Lanham Act, 15 U.S.C. §1125(a), relating to the advertising of antacid remedies.
  • Represented a company engaged in the business of evaluating building products for compliance with building codes in a suit against a manufacturer of fire door systems alleging claims of trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. §1051 et. seq.
  • Represented a provider of electronic key control systems used by automobile dealerships in litigation involving claims of breach of contract, patent and trademark infringement and tortuous interference with contract against a distributor.
  • Represented a manufacturer of auto parts in litigation involving claims of patent infringement in connection with the manufacture of catalytic converters.
  • Represented a major communications company in litigation involving breach of contract claims relating to the overseas manufacture of satellite receivers.
  • Represented an individual in an arbitration proceeding involving wrongful termination of employment and breach of fiduciary duty claims in connection with the development of retirement inns.
  • Represented a major printing company in litigation involving claims of fraud, tortious interference with contract and conversion.
  • Represented an individual in litigation involving a breach of contract claim relating to a promissory note.
  • Represented a tile company in litigation involving breach of contract claims relating to the termination of a distributorship agreement.
  • Represented a major blood services organization in insurance coverage litigation concerning HIV related claims arising out of tainted blood transfusions.
  • Represented a major oil company in insurance coverage litigation concerning environmental liability claims.
  • Represented a major chemical company in insurance coverage litigation concerning environmental liability claims.
  • Represented a telecommunications company in litigation involving a contract dispute with a joint venture partner over the development of a fiber optic transmission system.
 
White collar matters:
 
  • Defended a Northern Virginia federal government contractor in a federal grand jury investigation involving the alleged backdating of stock options by a company executive.
  • Defended a former director of research for a major tobacco company in both civil and federal criminal proceedings involving allegations of fraud.
  • Defended a former White House Travel Office employee in a federal grand jury investigation concerning allegations of financial irregularities in the operations of the White House Travel Office, otherwise known as “Travelgate.”
  • Defended a former Smithsonian Institution employee in an inspector general investigation concerning the destruction of records.
  • Defended a federal government contractor in a federal grand jury investigation involving allegations of procurement fraud.
  • Defended two real estate developers in connection with a federal prosecution involving several counts of mail fraud in connection with the sale of fractional interests in a converted resort hotel.
  • Defended an Internal Revenue Service employee on criminal charges brought by the United States Attorney’s office in the Eastern District of Virginia.
  • Defended an individual in connection with a federal grand jury investigation concerning allegations of mail fraud relating to healthcare services.
  • Represented a supplier of food products in responding to a federal grand jury subpoena issued in connection with a price fixing investigation.
 
Gary is AV-rated by Martindale-Hubbell and recognized by Law & Politics as a Virginia Super Lawyer and Washington, DC Super Lawyer in Intellectual Property. He has tried over 50 jury trials in federal and state courts.

Additionally, Gary is experienced in alternative dispute resolution, including mediation and arbitration.
 
Gary has served as a faculty member for the United States Attorney General's Advocacy Institute, the National Institute for Trial Advocacy, the Georgetown University Law School’s Intensive Session in Trial Advocacy Skills, and the Widener University School of Law Intensive Trial Advocacy Program. He also was a National Quarterfinalist in the National Trial Competition sponsored by the Section of Litigation and Young Lawyers Division of the American Bar Association and the American College of Trial Lawyers.

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Professional Activities

Bar Associations: Virginia State Bar Association (Litigation Section); District of Columbia Bar Association (Intellectual Property Law Section); Florida Bar Association; Massachusetts Bar Association; and American Bar Association.
 
Admitted to the bar, 1981, Florida; 1983, Massachusetts; 1989, District of Columbia; 1999, Virginia. Admitted to practice before the U.S. District Courts for the Eastern District of Virginia, Southern District of Florida, and District of Columbia; and the U.S. Court of Appeals, Fourth Circuit.

Education

B.A., magna cum laude, University of Miami; Omicron Delta Kappa; Recipient, President's Award for Outstanding Service to the University; Who's Who in American Colleges and Universities; Phi Kappa Phi; Pi Sigma Alpha, President; J.D., cum laude, University of Miami School of Law.

Prior Legal Experience

Partner, The Jefferson Law Firm, PLC, McLean, VA, 1998-2001 [merged with Womble Carlyle in 2001]; Partner, Howrey & Simon, 1992-1998; Assistant U.S. Attorney, Southern District of Florida, 1984-1988; Assistant Public Defender, Dade County, Florida, 1981-1984.

Additional Information

Management Responsibilities
 
Gary is a Member of the Northern Virginia Strategic Planning Committee and has served as the Team Leader of the Intellectual Property Litigation Group.

Areas of Proficiency

  • Complex Commercial Litigation, Federal and State
  • Intellectual Property
  • White Collar Criminal Defense

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