Jim Briody, a member of Sutherland's Litigation Practice Group and a member of the firm's Employment, Dealer and Franchise, and Construction Teams, focuses his practice on the defense and prosecution of business-related disputes, with an emphasis on employment and the automotive, government contracting and construction industries. He has represented employers, motor vehicle manufacturers and distributors, government contractors, construction contractors, subcontractors and owners.
Jim's experience includes serving as counsel in trials, arbitrations, appeals, administrative hearings and mediations. He has represented employers in litigation against former employees for breach of fiduciary duties, improper use of confidential information and conspiracy, and defended employers against Fair Labor Standards Act (FLSA) wage and hour claims. He has represented motor vehicle manufacturers and distributors on various issues including market expansion, dealer termination, product allocation, dealer incentives, warranty reimbursement and charge-backs, and constitutional challenges to statutes. Jim has also advanced and defended multi-million dollar claims and prepared and prosecuted bid protests. In addition to litigating matters, Jim has drafted agreements and advised contractors and owners on project management and government contracting issues including organizational conflict of interest, debarment, small business qualification, and potential liability under the False Claims and False Statements Act.
Prior to joining the firm, Jim served as a law clerk for the Honorable Judges Donald H. Kent, Donald M. Haddock and Alfred D. Swersky of the Circuit Court of the City of Alexandria, Virginia.
Representative Experience
Jim's recent representative experience includes:
· Representing an employer in an FLSA Section 216(b) action in the Eastern District of Virginia's Rocket Docket.
· Successfully representing an employer prosecuting claims against former employees for breach of fiduciary duty, violation of Virginia's business conspiracy statute and violation of the Computer Crimes Act.
· Successfully representing an automobile distributor in its termination of a dealer for inadequate inventory and staffing under Maryland's dealer laws.
· Successfully representing a distributor in a lawsuit contending that the termination of the dealer was unlawful under the parties' agreement and New Jersey franchise laws.
· Obtaining a favorable arbitration award for an automobile distributor alleged to have violated Connecticut's dealer and consumer protection laws with respect to its handling of warranty reimbursement claims and charge-backs.
· Successfully defending a motorcycle manufacturer in an administrative hearing against a dealer's claims that the manufacturer's product allocation system, incentive program and market expansion activities violated various Maryland dealer laws.
· Representing a motorcycle dealer as amicus in a federal court trial and Fourth Circuit appeal obtaining a Fourth Circuit ruling that the Virginia statute regulating the establishment of new motorcycle dealers in Virginia was unconstitutional.
· Representing a motor vehicle distributor in an administrative hearing where the Commissioner rejected the dealer's preliminary challenge to the distributor's statutory notice and upheld the distributor's right to establish a new dealer in the existing Virginia dealer's relevant market area.
· Representing a general contractor in arbitration arising from the Liberty Place mixed-use project in Philadelphia obtaining a $30 million arbitration award for delay, acceleration and extra work claims.
· Representing a stevedoring contractor in a U.S. Court of Federal Claims trial obtaining a multi-million dollar award against the United States Army for services performed under changed conditions.
· Representing a bidder in a U.S. Court of Federal Claims bid protest obtaining cancellation of the award of a billion-dollar military housing privatization contract by the United States Army.
· Successfully representing a contractor prosecuting differing site condition, delay and acceleration claims against the Virginia Department of Transportation arising from a bridge construction project.
· Successfully representing a subcontractor in an action against a general contractor and owner for delay, acceleration and extra work claims on multiple power plant projects.
Professional and Community Involvement
· Member, American Bar Association
· Member, Administrative Law, Construction Law & Public Contracts Section and the Litigation Section, Virginia State Bar
· Member, Board of Directors, Northern Virginia Catholic Youth Organization (2006-2012)
· Member, Board of Directors, Dunn Loring Swim Club (2008-2012)
· Our Lady of Good Counsel NVJCYO Commissioner (2006-2012)
Recent Publications and Speaking Engagements
· Co-author, "Virginia Construction Law, 50 State Public Construction Contracting," John Wiley & Sons (1995)
· Speaker, 2006 Motor Vehicle Dealership Law Seminar (October 31 and November 2, 2006)
· Speaker, 6th Annual Defense & Aerospace Investor & Corporate Development (September 18, 2006)
· Speaker, 2004 Motor Vehicle Dealership Law Seminar (February 2004)
· Speaker, Construction Payment Remedies in Washington, D.C. (July 2002)
Industries
Aerospace, Defense & Homeland Security
Automotive
Construction
News
Sutherland Lands Pro Bono Victory: Court Grants Asylum to Client
September 27, 2011
Legal Alerts
Legal Alert: A Decision to Phone Home About: SDNY Decertifies FLSA Opt-In Class of Call Center Reps
March 15, 2012
Legal Alert: Virginia Continues to Take a Stance on Non-Compete Agreements
March 14, 2012
Legal Alert: Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute
October 20, 2010
Legal Alert: Eleventh Circuit Renders Landmark Decision On Application of the Interstate Land Sales Full Disclosure Act to Condominium Purchaser Litigation in Florida
October 5, 2009
Legal Alert: Elected Judges Under Fire: New Supreme Court Case Expands Grounds for Judicial Recusal
June 9, 2009
Legal Alert: Maryland Enacts New Provisions Strengthening Protections for Maryland Motor Vehicle Dealers
May 29, 2009
Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors
March 9, 2009
Legal Alert: New Obama Administration Memorandum Calls for Changes in Government Contracting
March 5, 2009
Legal Alert: Georgia Supreme Court Imposes Stricter Guidelines for Limitation of Liability Clauses in Contracts
November 12, 2008
Legal Alert: Florida District Court of Appeal Rejects Consumer's Claim that Motor Vehicle Dealer is an Agent of Manufacturer and Dismisses Consumer's Express and Implied Warranty Claims
October 7, 2008
Legal Alert: Georgia Court of Appeals Rules Against Consumer in Action to Hold Manufacturer Responsible for Acts of Failed Dealer
October 1, 2008
Legal Alert: Congress Passes Legislation Which Will Require Contractors to Self-Report Violations of Criminal and Civil Laws
July 8, 2008
Legal Alert: Federal Court Bars Surety's Counterclaims Challenging Claim Under AIA A312 Payment Bond to the Extent That They Were Available During the 45 Days Following Receipt of Claim
June 12, 2008
Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor
April 21, 2008
Legal Alert: Federal Court Holds Surety Must Pay Entire Claim Where it Fails to Respond Adequately Within 45 Days as Required by AIA A312 Payment Bond
October 16, 2007
Legal Alert: Zubulake Court Issues Opinion on Duties of Counsel and Litigants to Preserve and Produce E-Mails
July 22, 2004
Publications
Virginia Construction Law, 50 State Public Construction Contracting
1995 John Wiley & Sons
Events
2006 Motor Vehicle Dealership Law Seminar
October 31 and November 2, 2006
6th Annual Defense & Aerospace Investor & Corporate Development
September 18, 2006
2004 Motor Vehicle Dealership Law Seminar
February 2004
Construction Payment Remedies in Washington, D.C.
July 2002