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Nicholas SanFilippo

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks.

Nick represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.

Nick’s litigation experience also includes breach of contract, business torts, and commercial disputes in federal and state courts. He has deep experience representing clients in the government contracting, hospitality, financial services, and private equity industries.

In addition to serving as a litigator and employment counselor, Nick represents government contractors in bid protests at the agency level and before the GAO. He also advises government contractors on the FAR and relevant executive orders, including the Fair Pay and Safe Workplaces Executive Order.

On Jan. 8, 2026, the Supreme Court of Virginia upheld a decision to overturn a $2 billion jury verdict in the Appian v. Pegasystems trade secrets dispute, where a unanimous jury found that Pega violated the Virginia Computer Crimes Act and misappropriated Appian’s trade secrets.
Continue Reading Virginia Supreme Court Orders New Trial in $2 Billion Trade Secrets Case

Effective July 1, 2025, Virginia’s noncompete law, Va. Code Ann. § 40.1-28.7:8, has been revised to expand the definition of “low-wage” employees to include all employees classified as non-exempt under the Fair Labor Standards Act (FLSA).

Continue Reading Virginia Expands Definition of ‘Low-Wage’ Employees and Noncompetes

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.
Continue Reading Supreme Court Eliminates Heightened Discrimination Standard Under Title VII

On July 30, the Court of Appeals of Virginia reversed Appian Corp.’s $2 billion trade secrets judgment against competitor Pegasystems Inc. (Pega) and remanded the case for a new trial.

Continue Reading Virginia Appeals Court Reverses $2 Billion Trade Secret Verdict, Remands Case for New Trial

In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal Arbitration Act (FAA) does not require

Continue Reading Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry