Why Pre-Sale Trademark Confusion Matters
How Trademark Confusion Can Begin Before Purchase Most trademark infringement cases involve a familiar allegation: a business uses a name, … Read more
Nathan Hernandez is a civil litigation attorney who approaches every matter as a calculated strategist. He represents businesses and individuals in complex disputes involving commercial litigation and employment law, advising clients through high pressure phases of litigation with a deliberate, measured focus. Nathan works closely with clients to understand both the legal and business realities of a dispute, developing litigation strategies that are tailored to their goals, risk tolerance, and long-term interests. His thoughtful and disciplined approach helps clients stay informed, prepared, and well-positioned throughout the course of litigation.
Nathan focuses his practice on high-stakes commercial and employment disputes, representing businesses in matters that directly impact operations, workforce management, and financial exposure. He advises clients on a wide range of business conflicts, including contract and partnership disputes as well as workplace-related claims, developing strategies that align legal outcomes with broader business objectives. Nathan approaches each case with a clear strategy from the outset, identifying key issues early, evaluating leverage points, and helping clients make informed decisions as the matter progresses. Whether defending employers in litigation or handling broader business disputes, he remains focused on practical solutions, efficient case management, and achieving outcomes that align with the client’s overall objectives.
Nathan approaches litigation with a long-term perspective, understanding that early decisions often shape the direction and outcome of a case. He focuses on building strong legal and factual records, preserving key arguments, and positioning matters strategically at every stage of litigation. Clients appreciate his ability to anticipate challenges before they arise and adjust course with precision, ensuring that key positions are preserved and defensible throughout the life of the case. Rather than reacting, Nathan positions matters proactively, strengthening the record at every stage and increasing the likelihood of a favorable and durable resolution.
Nathan is a strong advocate for his clients in both trial and appellate litigation. He regularly handles disputes involving sophisticated and well-resourced opponents where strategy, timing, and preparation can make a significant difference in the outcome of a case. Nathan pushes matters forward with purpose while remaining mindful of cost, exposure, and the practical realities facing his clients. His experience across both trial and appellate courts gives him a strong understanding of how litigation decisions can impact a case over the long term, allowing him to approach disputes with both immediate objectives and long-term durability in mind.
Notable legal experience and client results.
2026 – Business Preservation & Mutual Walkaway | Injunction Defense & Federal Counterclaims
Nathan represented a business in Georgetown, Delaware facing claims seeking $270,000 in damages and injunctive relief that would have effectively shut down operations based on alleged non-compete violations. He moved quickly to oppose the requested injunction, focusing from the outset on keeping the client’s business operational while the litigation progressed. At the same time, Nathan asserted counterclaims under the Lanham Act, Title VII and the Fair Labor Standards Act. Throughout the matter, he kept the client informed as the litigation strategy evolved and pressure increased on both sides. His aggressive but practical approach helped position the case for a complete mutual walkaway, allowing the client to continue operating without restriction.
2025 – $200,000 Resolution | Federal Employment Litigation (FMLA Retaliation)
Nathan represented an employee in a federal FMLA retaliation action against Truist Financial, a Fortune 500 financial institution represented by a nationally recognized defense firm. After defeating summary judgment and navigating an aggressive defense posture, Nathan positioned the case to maximize leverage as trial approached. He worked closely with the client throughout the litigation, providing clear guidance regarding risk, strategy, and settlement developments at each stage of the case. The matter was ultimately resolved through an offer of judgment for $200,000, the full amount of recoverable damages, resulting in a complete recovery for the client. His focused litigation strategy and steady advocacy helped secure a strong result in a high-stakes federal employment dispute.
2025 – Appellate Reversal | Commercial Construction & Fraud Claims
Nathan represented a developer involved in the renovation of a former hospital into an assisted living facility. After the opposing party withdrew mid-project, exposing the client to significant losses, Nathan pursued claims for breach of contract and fraud in the inducement based on alleged misrepresentations regarding financial capacity and the parties’ agreement. When the trial court dismissed the claims, finding the agreement unenforceable and the fraud allegations insufficient, Nathan handled the appeal and secured a complete reversal. The Virginia Court of Appeals held that the agreement contained sufficiently definite terms to be enforceable and that the fraud allegations were adequately pleaded to survive dismissal, fully reinstating the case. His persistence and strategic approach on appeal brought justice to his client through the revival of substantial commercial claims that had previously been dismissed in full.
2024 – $287,000 Settlement | Federal Contract & Non-Circumvention Dispute
Nathan represented the plaintiff in a federal dispute arising from a COVID-era government contract for nitrile gloves. After entering into a non-disclosure and non-circumvention agreement, the defendant bypassed his client by sourcing through a third party in violation of their contractual obligations. Nathan developed a focused litigation strategy centered on breach of contract and damages exposure, maintaining pressure through targeted discovery and motion practice while keeping the client informed throughout the case. The matter was ultimately resolved in a $287,000 settlement in the client’s favor. His practical and disciplined litigation approach helped position the case for a strong financial recovery without the need for extended litigation.
Notable legal experience and client results.
2026 – Business Preservation & Mutual Walkaway | Injunction Defense & Federal Counterclaims
Nathan represented a business in Georgetown, Delaware facing claims seeking $270,000 in damages and injunctive relief that would have effectively shut down operations based on alleged non-compete violations. He moved quickly to oppose the requested injunction, focusing from the outset on keeping the client’s business operational while the litigation progressed. At the same time, Nathan asserted counterclaims under the Lanham Act, Title VII and the Fair Labor Standards Act. Throughout the matter, he kept the client informed as the litigation strategy evolved and pressure increased on both sides. His aggressive but practical approach helped position the case for a complete mutual walkaway, allowing the client to continue operating without restriction.
2025 – $200,000 Resolution | Federal Employment Litigation (FMLA Retaliation)
Nathan represented an employee in a federal FMLA retaliation action against Truist Financial, a Fortune 500 financial institution represented by a nationally recognized defense firm. After defeating summary judgment and navigating an aggressive defense posture, Nathan positioned the case to maximize leverage as trial approached. He worked closely with the client throughout the litigation, providing clear guidance regarding risk, strategy, and settlement developments at each stage of the case. The matter was ultimately resolved through an offer of judgment for $200,000, the full amount of recoverable damages, resulting in a complete recovery for the client. His focused litigation strategy and steady advocacy helped secure a strong result in a high-stakes federal employment dispute.
2025 – Appellate Reversal | Commercial Construction & Fraud Claims
Nathan represented a developer involved in the renovation of a former hospital into an assisted living facility. After the opposing party withdrew mid-project, exposing the client to significant losses, Nathan pursued claims for breach of contract and fraud in the inducement based on alleged misrepresentations regarding financial capacity and the parties’ agreement. When the trial court dismissed the claims, finding the agreement unenforceable and the fraud allegations insufficient, Nathan handled the appeal and secured a complete reversal. The Virginia Court of Appeals held that the agreement contained sufficiently definite terms to be enforceable and that the fraud allegations were adequately pleaded to survive dismissal, fully reinstating the case. His persistence and strategic approach on appeal brought justice to his client through the revival of substantial commercial claims that had previously been dismissed in full.
2024 – $287,000 Settlement | Federal Contract & Non-Circumvention Dispute
Nathan represented the plaintiff in a federal dispute arising from a COVID-era government contract for nitrile gloves. After entering into a non-disclosure and non-circumvention agreement, the defendant bypassed his client by sourcing through a third party in violation of their contractual obligations. Nathan developed a focused litigation strategy centered on breach of contract and damages exposure, maintaining pressure through targeted discovery and motion practice while keeping the client informed throughout the case. The matter was ultimately resolved in a $287,000 settlement in the client’s favor. His practical and disciplined litigation approach helped position the case for a strong financial recovery without the need for extended litigation.
How Trademark Confusion Can Begin Before Purchase Most trademark infringement cases involve a familiar allegation: a business uses a name, … Read more
555 Belaire Avenue, Suite 340
Chesapeake, VA 23320
2920 W Broad Street, Suite 19
Richmond, VA 23230
757-410-2293