Brett C. Herbert
Partner
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Biography
BIOGRAPHY
Mr. Herbert is a litigator who focuses his practice on estate and trust litigation, general commercial litigation, real estate litigation, employment litigation, and community association representation.
In his estate litigation practice, he represents clients involved in bringing challenges to (and defending against challenges to) wills and trusts. He also handles will and trust interpretation disputes, as well as bringing claims against (and defending claims against) executors and trustees for breach of fiduciary duties. He also handles guardianship and conservatorship proceedings, including routine uncontested matters, as well as contested matters.
Mr. Herbert represents businesses in an array of contract disputes, as well as disputes involving claims for fraud, defamation, conspiracy, and tortious interference. He also represents businesses in premises liability and other tort claims.
His practice also includes the arbitration and litigation of a variety of employment issues, including Title VII discrimination and retaliation claims, age discrimination and disability discrimination claims, and wage and hour claims. Mr. Herbert has experience working on cases arising under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA). He also represents clients in matters involving covenants not to compete, non-disclosure agreements, business conspiracy and trade secrets.
His real estate litigation practice consists of litigating eviction claims, title disputes, and community association disputes.
Mr. Herbert advises community associations (homeowners associations and condominium associations) on their general legal matters, as well as in litigation matters involving covenant enforcement actions and collections actions.
In his estate litigation practice, he represents clients involved in bringing challenges to (and defending against challenges to) wills and trusts. He also handles will and trust interpretation disputes, as well as bringing claims against (and defending claims against) executors and trustees for breach of fiduciary duties. He also handles guardianship and conservatorship proceedings, including routine uncontested matters, as well as contested matters.
Mr. Herbert represents businesses in an array of contract disputes, as well as disputes involving claims for fraud, defamation, conspiracy, and tortious interference. He also represents businesses in premises liability and other tort claims.
His practice also includes the arbitration and litigation of a variety of employment issues, including Title VII discrimination and retaliation claims, age discrimination and disability discrimination claims, and wage and hour claims. Mr. Herbert has experience working on cases arising under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA). He also represents clients in matters involving covenants not to compete, non-disclosure agreements, business conspiracy and trade secrets.
His real estate litigation practice consists of litigating eviction claims, title disputes, and community association disputes.
Mr. Herbert advises community associations (homeowners associations and condominium associations) on their general legal matters, as well as in litigation matters involving covenant enforcement actions and collections actions.
Recognitions
- Best Lawyers in America® Ones to Watch distinction in Commercial Litigation, 2021-2024, Real Estate Law, 2023-2024, Trusts and Estates, 2022-2024
- Selected as a “Rising Star” in Virginia Super Lawyers, 2023
- Recognized as a “Top Lawyer” by Coastal Virginia Magazine, 2020-2025
- Recognized as a Virginia “Legal Elite” in Construction by Virginia Business magazine, 2024
- Recognized as a Virginia “Legal Elite” Young Lawyer by Virginia Business magazine, 2016
Memberships & Activities
- Virginia State Bar; Real Property Section
- Virginia Association of Defense Attorneys: former Chair and former Vice-Chair of the Corporate & Commercial Litigation Section; former Member of the Legislative Committee
- Williamsburg Bar Association
- Virginia Bar Association
- Community Associations Institute
INSIGHTS
Panelist at Virginia Association of Defense Attorneys (VADA) 2022 Spring Sections Seminar – Corporate & Commercial Litigation Section
Author, Deeper Into The Thicket: Navigating The Increasingly Complex And Curious World Of Virginia General District Court Civil Litigation, The Journal of Civil Litigation, Vol. XXX, No. 3, Fall 2018
Co-Author, USLAW Retail Compendium of Law: Virginia, Retail, Restaurant, and Hospitality: Guide to Virginia Premises Liability, 2017 & 2018
Co-Author, USLAW Commonwealth of Virginia Compendium of Law, 2017