Don Clark is a senior member of the Litigation Section at Williams Mullen. A trial attorney in Virginia since 1968, he concentrates his practice in litigation before state and federal courts, where he has participated in numerous jury and non-jury trials, arbitration proceedings and administrative hearings. He has represented and defended corporations, small businesses, individuals and local and state government agencies in contract disputes, commercial and real estate matters, product liability and negligence actions, securities fraud and antitrust, eminent domain, environmental and civil rights litigation.

Education
George Washington University, J.D., 1968
United States Naval Academy, B.S., 1959

Professional Affiliations
American Bar Association - Litigation Section
The James Kent American Inn of Court
Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit
Second District Ethics Committee, former Chairman
Virginia Beach Bar Association, former President
Virginia State Bar - Litigation Section

Awards and Honors
American Bar Foundation, Fellow
American College of Trial Lawyers, Fellow
Recognized as a leading litigation attorney in the U.S. by Chambers USA
Virginia Law Foundation, Fellow
Listed in "Legal Elite," Virginia Business magazine
Listed in Virginia Super Lawyers magazine - Business Litigation
Listed in The Best Lawyers in America, continuously since 1991
Virginia Beach Bar Association Distinguished Service Award, 2004

Publications
Virginia Construction Law

Representations

1. Burgart v LeFebvre et al. Represented American Cancer Society, American Diabetes Association and Pennsylvania State University regarding validity and construction of a trust agreement. Circuit Court of Mecklenburg County 2005-06.
2. The TMK Family Trust v. Wendy's International Inc. and Home Depot U.S.A. Inc. Represented Home Depot in a real estate dispute. Circuit Court of Virginia Beach. 2005
3. Commonwealth Transportation Commissioner of Virginia v. F.T.W. & Sons Farms L.P. Represented the landowner in multi-million dollar eminent domain cases regarding damage to residue because of limited access. Circuit Court of Chesapeake. 2005
4. Hodson v. Sexton, Executrix. Represented American Cancer Society and Alzheimer's National Assoc re validity of Will. Circuit Court of Amelia County. 2004
5. In re Kana Corporation. Represented City of Virginia Beach in a receivership action. Circuit Court of Virginia Beach. 2003
6. Marie M. Aks v. Rosenfeld et al. Represented Aks in a will dispute. Circuit Court of Norfolk. 2003
7. Kana Corporation v. U.S.A. and City of Virginia Beach. Represented City in an inverse condemnation action. U.S. Court of Federal Claims. 2002 and U.S. Court of Appeals for Federal Circuit. 2003
8. Represented Commonwealth Transportation Commission of Virginia in an eminent domain action. Circuit Court of Norfolk. Jury Trial. 2002 Supreme Court of Virginia. 2003 
9. Herman Properties, Inc. v. Standing et al. Represented City of Virginia Beach in an action to remove deed restrictions. Circuit Court of Virginia Beach and Supreme Court of Virginia. 2002
10. A.G. Bertozzi v. Casber Properties LLC et al. Represented Bertozzi in a property dispute regarding access easements.  Circuit Court of Virginia Beach, 2002 and Supreme Court of Virginia. 2003
11. City of Virginia Beach v. Lindsley, Nala Corporation, et al. Represented City in a proceeding involving a fraudulent claim of title to the sandy beaches at the Oceanfront. Circuit Court of Norfolk and Supreme Court of Virginia. 2001
12. Peter G. Wales, as Executor of the Estate of Arther Jerome Lilienfeld, Deceased v. Clara Elizabeth Ewing, et al.; Represented American Cancer Society, Sentara Virginia Beach General Hospital and Boy Scouts of America, Tidewater Council in a Will dispute involving an $11 million estate. Circuit Court of Virginia Beach. 2001
13. Brinn, et al v. Tidewater Transportation District Commission. 242 F.3rd 227 (2001). Award of attorneys fees to a state agency for claims against regional transportation district commission under ADA.
14. City of Virginia Beach v. City of Norfolk. Represented City of Virginia Beach in a proceeding requesting injunctive relief to preserve 1400 acres of pristine woodland and lake pending separate condemnation actions. Circuit Court of Virginia Beach. 2000
15. United States of America v. 188.151 Acres of Land, et al. Represented landowner in eminent domain proceeding for payment of just compensation. United States District Court for Eastern District of Virginia. Jury Trial. 1998
16. City of Virginia Beach v. Spence Family Farm, L.P. Represented landowner in eminent domain proceeding for payment of just compensation. Circuit Court of Virginia Beach. Jury Trial. 1998
17. Represented Commonwealth Transportation Commissioner of Virginia in an eminent domain action. Circuit Court of Norfolk. Jury Trial. 1998
18. Patrick A. Janezeck, Zoning Administrator v. Board of Zoning Appeals. Represented Janezeck in an action to set aside a decision of the Board.  Circuit Court of Virginia Beach. 1998
19. David E. Kellam, Executor of Estate of Frank Wallace Kellam v. Thelma Kellam, et al. Represented the Executor in action to determine the validity of a premarital agreement and the widow's election to take her statutory share of decedent's estate. Circuit Court of Virginia Beach, 1997 and Virginia Supreme Court. 1998.
20. R. Lewis Boggs v. Farm Fresh, Inc., et al. Represented Farm Fresh in a declaratory judgment action to determine rights of parties in a real estate option agreement. Circuit Court of Norfolk. 1996
21. Represented Commonwealth Transportation Commissioner of Virginia in an eminent domain action. Circuit Court of Norfolk. Jury Trial. 1996
22. GE Supply, a division of General Electric Company, v. Thomas. Represented GE Supply before the United States Court of Appeals for the Fourth Circuit in case involving trial court's determination of the reasonableness of attorney fees. 1995 Unpublished.
23. James D. Parker v. A. C. Miller, et al., 250 Va. 175 (1995). Application for variance from zoning ordinance. Notice requirements, necessary parties.
24. Defended Sears, Roebuck and Company in a product liability action where plaintiff claimed $2,000,000 for injuries sustained in an accident with a table saw. Jury trial. Circuit Court of Roanoke County. 1995
25. Defended June M. Lindsley (insured of TICOR Title Insurance Company) in an ejectment action. Circuit Court of Virginia Beach. 1995
26. Represented Commonwealth Transportation Commissioner of Virginia in an eminent domain action. Circuit Court of Norfolk. Jury Trial. 1995
27. Defended Keith C. Cuthrell, Jr., et al. (insureds of Lawyers Title Insurance Corporation) in an ejectment and trespass action. Circuit Court of Virginia Beach. 1995
28. Defended Skil Corporation in a product liability action where plaintiff claimed $100,000 for injuries sustained in an accident with a circular saw. Circuit Court of Norfolk. 1994
29. GE Supply, a division of General Electric Company, v. Thomas. Represented GE Supply in a breach of guaranty case in the United States Court of Appeals for the Fourth Circuit. 1993 Unpublished.
30. Defended Pet Inc. in an antitrust action in the United States District Court for the Eastern District of Virginia. 1992
31. Represented SSI Medical Services (a division of Hillenbrand Industries) in an action against the City of Virginia Beach alleging improper assessment of personal property taxes on medical equipment. Circuit Court of Virginia Beach. 1992
32. Defended Sears, Roebuck and Co. and Emerson Electric Company in a product liability action where plaintiff claimed $1,200,000 for injuries sustained in an accident with a radial arm saw. Circuit Court of Virginia Beach. 1991
33. Represented Guest Quarters Hotels Limited Partnership in multimillion dollar litigation in United States District Court for the Eastern District of Virginia involving a variety of breach of contract, breach of fiduciary duty and tort claims. 1991
34. Defended Tidewater Regional Transit in an action brought by employees and union seeking to compel recognition of union as the collective bargaining agent. Circuit Court of Norfolk, 1990, and Supreme Court of Virginia. 1991
35. Defended 3556 Shore Drive Associates in a breach of contract action filed by Trans-Con Construction Co., Inc. in 60-day jury trial. Circuit Court of Virginia Beach. 1990
36. Defended Southland Industries, Inc. in a multimillion dollar action for securities fraud and RICO fraud in the United States District Court (E.D. Va.) and in the U.S. Court of Appeals (4th Cir.). Unpublished. 1988
37. Represented MGM Associates in an eminent domain action brought by United States of America. United States District Court, Eastern District of Virginia. 1987
38. Defended Tidewater Regional Transit in an action brought by disabled persons alleging a violation of federal and state law in providing transit services to the disabled community. Circuit Court of Norfolk. 1986-87
39. Defended Anchor Vending Company and Robert L. Claffy in an action brought by Service America Corp (Macke Central, Inc.) for breach of fiduciary duty and misappropriation of confidential information. Circuit Court of Virginia Beach. 1986
40. Fox-Sadler Co., Inc. v. Norris Roofing Co., Inc., 229 Va. 106, 327 S.E.2d 95 (1985). Represented Fox Sadler in a case involving breach of construction contract.
41. Defended Talbot & Associates, Ltd. in a negligence and breach of contract (professional liability) action brought by Urban Associates - Three. Circuit Court of Virginia Beach. 1985
42. Defended Tidewater Regional Transit in a $3 million personal injury case in which in self-defense, a bus driver shot the plaintiff who became a paraplegic. Circuit Court of Norfolk (Jury Trial), and the Virginia Supreme Court. 1983
43. Defended Sea Pines Associates, and the law firm of Broyles, McKenry & Gorry in an action to construe a lease (rent adjustment clause). Circuit Court of Virginia Beach and Virginia Supreme Court. 1983
44. Represented Fentress Wood Associates, Ltd. (insured of Lawyers Title Insurance Corporation) in an ejectment action. Circuit Court of Virginia Beach, 1982, and Virginia Supreme Court. 1983
45. Defended City of Virginia Beach on a claim by Basic Construction Company of Newport News for $3 million in additional costs, delay and impact damages incurred in the construction of the Pavilion. Six-week arbitration before 3-person panel - architect, attorney, contractor. 1982
46. Helen L. Foos v. Commissioner, 41 TCM 863, TC Memo 1981-61. Represented the principal of a closely held corporation in a reasonable compensation/earned income case.
47. Defended M&S Construction Company in a breach of contract suit brought by Lendman Associates, Inc. Circuit Court of Virginia Beach, 1980 and the Virginia Supreme Court, 1981
48. Providence Properties, Inc. v. United Virginia Bank, 219 Va. 735, 251 S.E.2d 474 (1979). Order of preference in deed construction; necessary parties to an action of ejectment.
49. Eagler v. Little, 217 Va. 869, 234 S.E.2d 242 (1977). Represented plaintiff in a case involving breach of a commercial lease.
50. Represented Galloway Corporation in a construction dispute where the issue was construction defect vs design error. Opposing parties were 3800 Oceanfront, Inc. and Williams & Tazewell in trial that lasted three weeks. Circuit Court of Virginia Beach. 1977
51. Defended Richard S. Browner and Georgia W. Browner (insured of Chicago Title Insurance Company) in a boundary dispute/street dedication action. Circuit Court of Virginia Beach and the Virginia Supreme Court. 1977
52. Defended Pittman Mechanical Contractors, Inc. in a 5-day arbitration proceeding on a claim by Kenneth L. Seay, Inc. for breach of contract. 1977
53. Waffle Shops, Inc. v. tenBraak, 542 F.2d 919 (4th Cir. 1976). Represented Waffle Shops in a case involving breach of a commercial lease and recovery of future damages or rent.
54. County Utilities Corporation v. City of Virginia Beach. United States Court of Appeals for the Fourth Circuit 1975 Unpublished. Represented City of Virginia Beach in a case involving the abstention doctrine.
55. Represented Chesopeian Builders, Inc. in an action against Insurance Company of North America for a breach of construction contract and performance bond. Circuit Court of Virginia Beach. Jury Trial. 1971
56. Kirby v. First & Merchants National Bank, 210 Va. 88, 168 S.E.2d 273 (1969). Commercial Paper; final payment

Community Involvement
Sentara Health Care, Board of Directors, Former Chairman 
Bay Primex Insurance Company Ltd., Board of Directors
King Neptune XXVIII - 2001 Virginia Beach Neptune Festival
Chairman of Mayor's Committee for Reapportionment of the City of Virginia Beach
Priority Health Care HMO, Former member of the Board of Directors
Tidewater Health Care Inc., Former Chairman of the Board of Directors
Virginia Beach General Hospital, Former Chairman of the Board of Directors
Virginia Health Care Foundation, Board of Trustees