Leslie P. Machado

Overview

Les Machado represents clients in employment litigation, complex commercial and business disputes, and federal and state appeals. He advises clients across industries—from Fortune 50 companies to small nonprofits—helping them address complex challenges and pursue practical solutions aligned with their needs and goals.

Les regularly defends employers against claims under federal, state, and local laws, including discrimination, retaliation, hostile work environment, defamation, negligent hiring or supervision, breach of contract, and intentional infliction of emotional distress. He has resolved hundreds of matters before agencies such as the EEOC, the DC Office of Human Rights, the Fairfax County Human Rights Commission, and the Maryland Commission on Civil Rights, as well as through pre-charge and pre-suit communications.

Les litigates matters involving the False Claims Act, business torts, including tortious interference and conspiracy, the Lanham Act, federal and state trade secret laws, securities laws, shareholder disputes, First Amendment issues, and the Federal Arbitration Act.

Les has handled dozens of federal and state appeals involving employment law, the Federal Arbitration Act, First Amendment issues, telecommunications, insurance, taxation, and administrative law. He has filed briefs in the United States Supreme Court; the First, Fourth, Eleventh, and District of Columbia Circuits; and appellate courts in the District of Columbia, Guam, Maryland, Ohio, and Virginia.

Clients value Les for his practical judgment, attentive approach, and commitment to efficient results. He takes time to understand each client’s goals and circumstances, delivering clear communication, organized analysis, and tailored solutions that support their operational needs and long-term objectives.

Experience

Employment

• Managed all single-plaintiff employment litigation for a national retailer across 26 states.
• Secured summary judgment on a Virginia whistleblower claim against a national radiology provider.
• Secured summary judgment on race, sex, and age discrimination claims against a large government contractor; affirmed on appeal.
• Secured summary judgment on sex and disability discrimination claims against a security contracting corporation.
• Obtained dismissal of Section 1981 race discrimination and Title VII race and gender discrimination claims against an investment company.
• Defended an international not-for-profit against pregnancy and sex discrimination claims.
• Defended a prominent sports organization against discrimination claims asserted by a former intern.
• Defended a Virginia automobile conglomerate against claims of discrimination, retaliation, hostile work environment, and alleged violations of the Virginia Whistleblower Protection Act and Virginia Wage Payment Act.
• Defended a large Virginia utility against claims of sex, national origin, religion, race, and age discrimination, retaliation, and hostile work environment.

Complex Commercial and Business Disputes

• Obtained dismissal of a False Claims Act suit against an office products importer; affirmed on appeal.
• Obtained dismissal of defamation, tortious interference, and intentional infliction of emotional distress claims against a military-related not-for-profit.
• Obtained dismissal of the first-in-the-nation digital advertising redlining suit against a residential property management company; affirmed on appeal.
• Obtained dismissal of a $2 billion putative RICO class action against a private military contractor; affirmed on appeal.
• Successfully represented a vaccine manufacturer in claims against a subcontractor seeking the return of sensitive intellectual property and technology, as well as damages.
• Obtained dismissal with prejudice of ERISA claims against a publicly traded payroll, HR, and benefits company.
• Litigated fraud claims for a foreign government against a major telecommunications provider, resulting in a significant confidential settlement.
• Represented a former USA TODAY reporter who refused to reveal confidential sources despite threats of substantial fines and jail time.

Appellate

• Secured dismissal of a Fourth Circuit appeal involving the Federal Arbitration Act (briefed and argued).
• Secured D.C. Circuit affirmance of summary judgment for defendants based on judicial estoppel (briefed and argued).
• Obtained a D.C. Circuit emergency stay of a federal district court’s escalating contempt order (briefed).
• Persuaded First Circuit to repeatedly rule in favor of telecommunications client in multiple appeals from administrative decisions (briefed).
• Secured Fourth Circuit reversal of a district court decision requiring an insurance carrier to satisfy a $9.4 million settlement (briefed).
• Secured Maryland Appellate Court affirmance of summary judgment in an insurance coverage dispute (briefed and argued).
• Secured Maryland Appellate Court affirmance of dismissal of tort claims against a homeowners’ association (briefed and argued).
• Secured Ohio Appellate Court affirmance of a trial court decision enforcing an arbitration agreement (briefed and argued).
• Secured Maryland Appellate Court affirmance of dismissal of a shareholder strike suit seeking to enjoin a bank merger (briefed and argued).
• Secured D.C. Court of Appeals affirmance of dismissal of a wrongful death suit on forum non conveniens grounds (briefed and argued).
• Secured New York appellate affirmance of dismissal of libel and invasion of privacy claims against a television station and reporter (briefed and argued).
• Secured Supreme Court of Virginia reversal of a trial court decision after showing an automobile manufacturer’s corporate income taxes were improperly calculated (briefed).
• Secured D.C. Court of Appeals affirmance of dismissal of assault, emotional distress, negligent hiring, supervision and retention, and breach of contract claims against a multi-state franchisor (briefed).

Honors, Publications, & Speeches

Honors

• Pro Bono Honor Roll, Virginia Access to Justice Commission, 2020-2021

Publications

• Author, “Getting to Federal Court in a ‘Snap,’” The Federal Lawyer, May/June 2021
• Author, “Strict D.C. ban on noncompetes takes effect in March,” HR Laws, February 2, 2021
• Author, “Survey of District of Columbia Libel Law,” Media Law Resource Center, Inc., 50-State Survey, annual update since 2004
• Author, “Caveat Emptor: You May Be Purchasing More Than Assets,” USLaw Magazine, Fall 2018
• Author, “Why Decisions in DC Illustrate the Need for a Federal Anti-SLAPP Law,” Public Participation Project Guest Blogger, July 2018
• Author, “Liar Liar, Pants on Fire,” USLaw Magazine, September 2016
• Author, “Does ‘Tolled’ Mean ‘Suspended’ or ‘Extended’ in §1367(d)?” Federal Bar Association SideBAR, Winter 2014
• Author, “My DC Anti-SLAPP Motion Was Denied!” – Now What?” Law360, March 10, 2014
• Author, “Who Owns Your Social Media Account and Followers When Your Employee Leaves,” Corporate Compliance Insights, April 2013
• Author, “Do Twombly and Iqbal Apply to Affirmative Defenses,” The Federal Lawyer, July 2012
• Author, “Title VII and the Public Sector Transgender Employee,” HR News Magazine, January 2012
• Author, “Protecting Against Employee Theft,” Human Resource Executive Online, July 12, 2010
• Author, “Courts Increasingly Split on Whether Computer Fraud & Abuse Act Applies to Disloyal Employees,” Inform Legal, July 9, 2010
• Author, “Immunity Under § 230 of the Communications Decency Act of 1996: A Short Primer,” Journal of Internet Law, September 2006
• Author, “Immunity Under Section 230 of the Communications Decency Act of 1996 – A Return to Normalcy in 2005,” National Law Journal, February 27, 2006
• Author, “Recent Developments in Section 230 Immunity,” National Law Journal, April 15, 2002
• Author, “Subpoenaing Cable Company ISPs,” New York Law Journal, February 2001
• Author, “Web Hosting Entitled to Section 230 Protection,” LDRC Libelletter, November 2000

Presentations & Speeches

• Panelist, “Hot Issues In Newsgathering,” American Bar Association Communications Law Section Annual Conference, February 2009

News

Professional

• Adjunct Professor, George Washington University Law School, 2010-2013, 2015

• Appointed Member, University at Buffalo School of Law DC Leadership Council, 2007 to Present

• • Chair, 2011-2012, 2022-Present

• Member, ABA Litigation Editorial Board, 2012-2014
• Editorial Board, Media Law Resource Center MediaLaw Newsletter, 2007 to Present
• Member, Advisory Board, News Literacy Project, 2011-2019

• Member, Board of Directors of the Fordham Club of Washington, DC, 2005-2007

 Appointed Member, University at Buffalo National Alumni Association, 2004-2006

Community

Les is deeply committed to pro bono service and was named to the Virginia Access to Justice Commission Pro Bono Honor Roll for 2020–21. For more than a decade, he has represented veterans before the U.S. Court of Appeals for Veterans Claims, obtaining remands and favorable decisions by identifying errors in VA adjudications. He has also prepared pro bono amicus briefs on transparency and innocence-related issues, reflecting his broader commitment to access to justice and stronger legal protections for underserved communities.