Arthur E. Schmalz

For close to three decades, Art has tried or litigated to completion a wide array of complex business disputes in federal and state courts and arbitration. Often taking the plaintiff’s side in high-stakes commercial litigation, Art has obtained over $135 million in compensation for his clients, with nearly $100 million in damages awards between 2020 and 2022 alone.

Most recently, as lead counsel in a federal trademark infringement and breach of contract trial in the “Rocket Docket” (U.S. District Court for the Eastern District of Virginia), Art won nearly $43 million in damages plus attorneys’ fees for his client, a well known professional services provider for the built environment. The Court also granted a permanent injunction against the unlawful infringement.
Among the many types of complex business litigation Art has handled, his cases frequently involve matters relating to commercial real estate, including disputes over business transactions and partnerships, land use entitlements, and land condemnation, particularly for large infrastructure projects, such as water and interstate natural gas pipelines.

Notable results

• In March 2022, won nearly $43 million in damages plus attorneys’ fees as lead counsel in trademark infringement and breach of contract litigation for a nationwide building and development service provider;
• In June 2020, won a $54 million award as lead counsel for a regional telecommunications firm in a breach of contract action against a large, public telecom company;
• As co-lead counsel in 2016, successfully defended the principal defendant on all claims in a complex 15-count corporate governance lawsuit seeking $50 million in damages; affirmed by the Supreme Court of Virginia in 2018;
• As lead counsel for a commercial real estate developer in 2009, obtained a $15 million eminent domain settlement where the condemning body originally offered only $1;
• As co-lead counsel in 2008, won a $4.5 million breach of contract and attorneys’ fees award against a former NFL Pro-Bowl quarterback, which award was later increased to $6 million during bankruptcy proceedings, and ultimately paid in full in accordance with an approved Chapter 11 reorganization plan;
• As lead trial attorney for a Northern Virginia bank, successfully won a judgment a imposing individual liability on former bank president for malfeasance, requiring him to reimburse the bank for large loan losses that nearly scuttled an impending merger;
• Served as a key member of the the litigation team that successfully struck down major portions of Loudoun County, Virginia’s 2003 ordinance that downzoned nearly 2/3 of the County’s lands;
• Obtained a $15 million damages award for severely injured pro bono client;
• Served as lead counsel in numerous mediation proceedings, and negotiated favorable settlements in cases involving business torts, contract disputes, condemnation, real estate development and other matters.

Publicly Available Decisions

• Dewberry Engineers Inc. v. Dewberry Group, Inc., 2021 U.S. Dist. LEXIS 218628 (E.D. Va. August 11, 2021)
• Transcontinental Gas Pipe Line Co., LLC v. Permanent Easement Totaling 2.322 Acres, 2014 U.S. Dist. LEXIS 165697 (E.D. Va. Nov. 25, 2014)
• Transcontinental Gas Pipe Line Co., LLC v. A Permanent Easement Totaling 0.889 Acres, 2014 U.S. Dist. LEXIS 164848 (E.D. Va. Nov. 25, 2014)
• Transcontinental Gas Pipe Line Co., LLC v. A Permanent Easement Totaling 0.799 Acres, 2014 U.S. Dist. LEXIS 164869 (E.D. Va. Nov. 25, 2014)
• Transcontinental Gas Pipe Line Co., LLC v. Temp. Easement Totaling 0.049 Acres, 2014 U.S. Dist. LEXIS 164872 (E.D. Va. Nov. 25, 2014)
• Transcontinental Gas Pipe Line Co., LLC v. Permanent Easement Totaling 2.322 Acres, 2014 U.S. Dist. LEXIS 122588 (E.D. Va. Sept. 2, 2014)
• Transcontinental Gas Pipe Line Co., LLC v. Temp. Easement Totaling 0.119 Acres, 2014 U.S. Dist. LEXIS 122615 (E.D. Va., Sept. 2, 2014)
• Bd. of Supervisors v. Crucible, Inc., 278 Va. 152 (2009)
• A.W. v. Fairfax Cnty Sch. Bd., 548 F. Supp. 2d 219 (E.D. Va. 2008)
• Gray v. Va. Secy. Of Transp., 77 Va. Cir. 224 (City of Richmond 2008)
• Goldstein v. Dale, 2007 U.S. Dist. LEXIS 9732 (E.D. Va. Nov. 8, 2007)
• Braddock v. Board of Supervisors, 268 Va. 420 (2004)
• Schrembs v. Chick-Fil-A, Inc., 2001 U.S. Dist. LEXIS 26224 (E.D. Va. 2001)
• Arlington Cnty v. Mut. Broadcasting Sys., 260 Va. 434 (2000)
• Doe v. Arlington Cnty Sch. Bd., 41 F. Supp.2d 599 (E.D. Va. 1999), aff’d, 2000 U.S. App. LEXIS 4287 (4th Cir. 2000), cert. denied, 531 U.S. 824 (2000)
• Springer v. Fairfax Cnty Sch. Bd., 134 F.3d 659 (4th Cir. 1998)
• Wolf v. Fauquier County Water and Sanitation Auth., 1996 U.S. App. LEXIS 21385 (4th Cir. Aug. 20, 1996)
• Springer v. Fairfax County Cnty Sch. Bd., 960 F. Supp. 89 (E.D. Va. 1997), aff’d,134 F.3d 659 (4th Cir. 1998)

• Recognized as a ‘Go To Lawyer’ for business litigation by Virginia Lawyers Weekly, 2023
• Recognized as a Runner Up for Litigator of the Week, American Lawyer, Litigation Daily, April 2022
• Selected as a Super Lawyer for Business Litigation, The Washington Post Magazine and Virginia & West Virginia Super Lawyers Magazine, 2006-2022
• Virginia Business Magazine “Legal Elite,” Civil Litigation 2014, 2004-2005
• Virginia “Leaders in the Law”  honoree, Class of 2011
• George Mason Law Review establishment of annual Arthur Schmalz Award for Student Writing, 2007
• Washington, DC area “Top Lawyer,” Washingtonian Magazine, 2004, 2007
• Featured Virginia Legal Elite “Young Lawyer,” Virginia Business Magazine, 2004

• Member, Virginia Bar Association
• Member, Virginia Bar Association Judicial Selection Committee, 2015- present
• Member, Federal Bar Association, Northern Virginia Chapter
• Member, Alexandria City School Board, 2003-2006
• Chairman, Scholarship Fund of Alexandria Board of Trustees, 2010-2011; Vice-Chair, 2009-2010; Member, Board of Trustees, 2008-2015
• Member, Alexandria City Public Schools Superintendent Search Citizen Advisory Committee, 2007-2008
• Member, Alexandria City Public Schools Code of Conduct Review Panel, 2008
• Member, Alexandria/Arlington School Readiness Council, 2008-2009