Brett 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 Brett’s 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. Brett also handles guardianship and conservatorship proceedings, including routine uncontested matters, as well as contested matters.
Brett represents businesses in an array of contract disputes, as well as disputes involving claims for fraud, defamation, conspiracy, and tortious interference. Brett also represents businesses in premises liability and other tort claims.
Brett’s 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. Brett 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). Brett 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.
Brett 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.
Admissions
- Virginia
- United States District Court, Eastern District of Virginia
- United States Court of Appeals, Fourth Circuit
Memberships
- 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