Outside general counsel for growing companies
Most businesses in Hampton Roads are too small to employ a lawyer and too consequential to operate without one. Over the past decade, our founder has served as outside general counsel to a variety of businesses, encountering and solving a wide array of legal problems along the way. We put that experience to work as your firm’s legal department on call: a lawyer who already knows your business, your contracts, and your people, and who can answer the Tuesday-afternoon question before it becomes a Friday-afternoon crisis.
Formation: LLCs, corporations, and the documents that matter
Forming a Virginia LLC or corporation with the State Corporation Commission is the easy part. What protects you is what comes after: an operating agreement or bylaws that actually govern how decisions are made, how profits are shared, how a member leaves, and what happens when partners disagree. Virginia law gives business owners wide latitude to write these rules themselves. Owners who skip that step inherit default rules that rarely match what they would have chosen.
We help founders choose the right entity, draft governing documents that anticipate the disputes we have litigated for others, and maintain the formalities that keep the liability shield intact. We also help established businesses clean up structures that were set up quickly years ago and have not kept pace with the company.
Contracts, negotiations, and everyday counsel
A contract is a prediction about what will go wrong and an agreement in advance about who bears the cost. We draft and negotiate customer agreements, vendor and supplier contracts, commercial leases, independent-contractor and employment agreements, non-competition and non-solicitation covenants, and buy-sell arrangements. Because we also try cases, we draft with the courtroom in mind: clear terms, enforceable remedies, and a Virginia forum.
Partner, member, and shareholder disputes
When co-owners fall out, the business is usually the casualty. We represent members and shareholders in disputes over control, distributions, buyouts, breach of fiduciary duty, and misappropriation of company assets or opportunities. Where a former partner or employee has combined with others to injure the business, Virginia’s civil conspiracy statutes may allow recovery of enhanced damages. Our goal is always to preserve the value you built, whether that means a negotiated separation or a judgment.
Preventative lawyering is not about avoiding risk. It is about deciding, in advance and with clear eyes, which risks are worth taking.
Who we serve
Contractors and construction companies, professional practices, real estate investors and landlords, service businesses, and the independent business owners who are the backbone of Virginia Beach and Hampton Roads. Whether you are forming your first LLC or defending your reputation in court, we are passionate about protecting what you have built.
What This Looks Like in Practice.
Civil Litigation: Business Torts
Jeff defended a small business sued by a competitor seeking to enforce a non-competition agreement unknowingly signed by one of its employees — an agreement that would have forced the employee to relocate outside Hampton Roads to work in his field. Jeff found the claims meritless, advised the client to refuse the demand, tried the case, and won a dismissal with prejudice — all for far less in fees than the amount originally demanded.
Civil Litigation: Business Conspiracy
Jeff successfully obtained a $1.2 million judgment for conversion, defamation, and violations of Virginia’s Business Conspiracy Act in connection with two employees who conspired to steal from and defame a former employer.
Matters are described in general terms to protect client confidentiality. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits. See all victories →
“One of the finest business litigation attorneys in Hampton Roads.”
Jeff combines great legal skill with forward-sight focus and massive compassion for his clients. He is not intimidated by the size of the corporation he is suing or the size of the law firm defending the case. Integrity and dedication are the two words that best describe Jeff.
Read more client reviews →“He is a professional with a desire to win for his client.”
He will not be bullied, he will not be forced into a corner, and most importantly, he will not be outworked. We went to court against a well-known, highly regarded law firm. If you have a business issue, please do yourself a favor — call Jeff Howell.
Questions We Hear Often.
Do I need a lawyer to form an LLC in Virginia?
Not to file the articles of organization; the State Corporation Commission accepts those online. You benefit from a lawyer when deciding whether an LLC is the right entity, when there is more than one owner, and when drafting the operating agreement that governs how the company actually runs. Those documents are where owners protect themselves, and they are where disputes are won or lost later.
What does an outside general counsel arrangement look like?
Typically a predictable monthly or hourly relationship in which we handle contract review, employment and vendor questions, entity maintenance, and early dispute triage, and we bring in litigation capacity when a matter requires it. The structure is tailored to the size and pace of the business. Contact us to discuss what would fit yours.
Are non-compete agreements enforceable in Virginia?
Sometimes. Virginia courts enforce restrictive covenants that are narrowly drawn to protect a legitimate business interest and are reasonable in duration, geography, and scope, and Virginia law prohibits non-competes for lower-wage employees. Overbroad covenants are struck down entirely rather than trimmed. Drafting matters, and so does the choice of whether to enforce; we have both drafted these agreements and defeated them in court.
My business partner is taking company money or opportunities. What are my options?
Virginia law imposes fiduciary duties on those who manage a business for others, and it provides remedies including an accounting, damages, removal, and in some cases dissolution or a court-ordered buyout. Where two or more people have combined to injure the business, statutory business conspiracy claims may be available. The right first step is usually to preserve records and to obtain advice before confronting the partner.