R. Scott Caulkins
Of Counsel
t: 703.862.9427
f: 703.525.2207

Overview

R. Scott Caulkins has over 30 years of experience in complex commercial and business litigation matters, outside general counsel matters, and franchise and distribution law. As a commercial law and business litigator, Scott represents companies and individuals in state and federal courts and arbitration proceedings throughout Virginia and the District of Columbia in a wide range of matters including breach of contract, business torts and intellectual property disputes.

As an established Northern Virginia attorney, Scott is frequently called upon to serve as local counsel to out-of-state and national law firms in cases in the United States District Court for the Eastern District of Virginia, often referred to as the “Rocket Docket.” He is a former President of The Northern Virginia Chapter of the Federal Association and represents businesses as outside general counsel on a variety of matters, including entity formation, purchasing and selling of businesses, preparation of contracts, resolution of disputes with vendors, commercial leasing and general employment.

Franchise Law has been a major part of Scott’s practice since 1985. He represents both franchisors and franchisees in a broad range of matters, including the preparation of franchise agreements and franchise disclosure documents, and the purchase and sale of franchise businesses. He also counsels franchise companies on franchise compliance issues.

Scott has been recognized by Best Lawyers in America and was selected to Virginia and Washington, D.C. Super Lawyers on multiple occasions. He has spoken at numerous continuing legal education programs sponsored by local bar associations, the ABA, and the International Franchise Association on franchise law and business litigation topics. 

Experience

  • Represented restaurant franchisor in U.S. District Court for the Eastern District of Virginia in case involving the termination of franchise rights
  • Represented automotive service franchisees in U.S. District Court for the Eastern District of Virginia in case involving franchise terminations
  • Obtained a judgment of approximately $1.2 million for an electrical power company in an Alexandria Circuit Court case challenging the assessment by the City of machinery and tool taxes
  • Defended company in a multi-million dollar arbitration proceeding involving a dispute concerning a franchise sales contract
  • Represented a university in an injunction suit against a national accreditation body in the U.S. District Court for the Eastern District of Virginia involving the revocation of the university’s accreditation
  • Defended a national association and its officers in suit in Superior Court for the District of Columbia in which the plaintiff asserted multiple counts for business torts and business conspiracy claims
  • Defended a software and website developer in breach of contract suit in Superior Court for the District of Columbia
  • Defended a motion picture company in U.S. District Court for the Eastern District of Virginia in case involving allegations of copyright infringement
  • Represented minority shareholders of a telecommunications company in an arbitration concerning a multi-million dollar dispute between the shareholders pertaining to the valuation of telecommunication assets located in Texas
  • Acted as local counsel in a patent infringement case in the United States District Court for the Eastern District of Virginia involving a medical device
  • Represented a national association in an accounting malpractice suit in the U.S. District Court for the District of Columbia against the association’s former accounting firm
  • Defended a government contractor in multiple suits alleging breach of contract, conversion, and tortious interference with business relationships
  • Defended an officer of a government contractor in a case involving enforcement of a non-competition agreement
  • Defended an owner of a limited liability company against a defamation suit
  • Defended a sole proprietorship in suit in which plaintiff alleged an ownership interest in company
  • Represented a condominium association in suit against developer and board of directors alleging breach of warranty, breach of fiduciary duty, fraud, and violation of the Virginia Condominium Act
  • Obtained a judgment for condominium association in excess of $1 million against developer of condominium in Fairfax County
  • Defended owners of local business against breach of contract claims regarding purchase of the business
  • Obtained dismissal of lawsuit for national software company on a motion to dismiss for lack of personal jurisdiction in Chesterfield County Circuit Court
  • Defended and achieved favorable settlement of wrongful termination and discrimination claims brought in United States District Court for the Eastern District of Virginia

TRANSACTIONAL RESULTS

  • Advised franchisors on restructuring of their franchise systems
  • Served as outside counsel to several franchisors, prepared franchise agreements, franchise disclosure documents and state franchise registrations, and counseled franchisors regarding franchise compliance issues
  • Represented company in an investigation by the Virginia State Corporation Commission, Division of Retail Franchising, regarding potential franchise registration and disclosure violations
  • Represented company in an investigation regarding potential franchise registration and disclosure violations in Maryland
  • Represented numerous franchisees in negotiating their franchise agreements and in preparing documents for business formation and the purchase or sale of existing franchise outlets
  • Served as litigation counsel for franchisors and franchisees in franchise disputes in courts in Virginia and the District of Columbia, and in mediations and arbitrations
  • Represented franchisors and franchisees in franchise relationship and termination matters

Bar and Court Admissions

Virginia, 1984

District of Columbia, 1985

U.S. Supreme Court

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Western District of Virginia

U.S. District Court for the District of Columbia

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Sixth Circuit

 

Education

William & Mary Law School, J.D., 1982

University of Virginia, 1979

Awards and Honors

Best Lawyers in America in Commercial Litigation and Franchise Law, 2019-2022

Virginia Super Lawyers in Business Litigation, Business/Corporate and Franchise/Dealership, 2008 – 2022

Martindale Hubbell, AV Preeminent Rated, 2021

Affiliations

Virginia State Bar

District of Columbia Bar

Federal Bar Association, Northern Virginia Chapter

American Bar Association, Forum on Franchising

Arlington County Bar Association

Litigation Counsel of America

News

Publications

Industries