Experience

Representation Highlights

• Represented numerous financial services institutions in a wide variety of litigation matters.
• Tried the largest Utility Transfers Act case ever heard by the Virginia State Corporation Commission. Opposed a regulated utility’s application for approval of the acquisition of coal-fired power plants.
• Defended electric power plant owner and operator in suit filed by insurer in state court to recover for business interruption claim in excess of $3 million arising from turbine failure at power facility.  After discovery, Court granted client's dispositive motion and thereby dismissed client from case.
• Defended manufacturer of electromagnetic measuring instruments in suit filed by competing manufacturer in federal district court.  Plaintiff's complaint alleged nine claims for breach of contract, trade secret violations, fraud, and various business torts.  Plaintiff sought damages in excess of $13 million.  After a 4 day jury trial, 5 of the 9 counts went to the jury.  The jury returned a defense verdict on 4 of the 5 counts.  The jury returned a verdict of $35,000 on plaintiff's breach of contract claim.
• Represented private food product manufacturer alleging breach of contract claim in federal district court against one of the largest private companies in the world.  After extensive discovery, case was resolved at mediation before trial.
• Defended subsidiary of Fortune 500 telecommunications company in claim filed by a well-known Virginia legal scholar, who owned real property adjacent to defendant's proposed wireless telecommunications facility site.  Plaintiff alleged that the zoning ordinance provisions pursuant to which defendant obtained local government approvals for the facility violated numerous state statutes and were, thus, null and void.
• Represented one of the largest private companies and electrical goods suppliers in the United States alleging a breach of contract claim under the Uniform Commercial Code in federal district court against a manufacturer.  After extensive discovery, case was resolved at pre-trial settlement conference.
• Defended locality in both federal and state court against a developer's $7 million claim for alleged violations of due process rights and 42 U.S.C. § 1983.  Developer sought to construct a large retail store on its property, but the locality denied the site plan on various engineering/technical grounds.  The locality prevailed on summary judgment.
• Defended national California-based health care corporation operator of methadone clinics in highly controversial, media intensive lawsuit involving one of the corporation's substance abuse clinics.  The matter involved numerous local government, land use, licensing, legislative, constitutional, and state and federal statutory issues.  The Court granted summary judgment in favor of client.
• Represented developer in state court trial against a locality which had rezoned the developer's property to prevent the developer from constructing a multi-family residential project.  The developer claimed various constitutional violations, violations of 42 U.S.C. § 1983, vested rights violations, and piecemeal downzoning.  After a four day trial, the trial court entered judgment in favor of the developer.  The locality's petition for appeal to The Supreme Court of Virginia was denied. 
• Represented publicly traded chemical manufacturer in dispute with publicly traded paint manufacturer and supplier.  Orchestrated and implemented settlement of contentious dispute to achieve business solution and thereby avoid expensive federal court litigation.
• Defended locality in connection with U.S. Department of Housing and Urban Development investigation into whether locality's refusal to approve tax credits for multi-family housing development violated 42 U.S.C. §§ 3601-3619.  After an extensive investigation, which included interviews of City Council members, HUD found that there was no discrimination on the locality's part.
• Represented corporation in BZA proceeding and subsequent state court action against a locality involving the non-conforming use of a billboard and related constitutional and statutory claims alleging, among other things, violations of due process, vested rights, and 42 U.S.C. § 1983.  Corporation prevailed in both the BZA proceeding and the trial court.  The locality's petition for appeal to The Supreme Court of Virginia was denied.
• Represented publicly-traded corporation in a representation and warranties arbitration. Plaintiff-client purchased defendant privately-held corporation pursuant to a Stock Purchase Agreement. As part of the purchase, plaintiff held back a portion of the purchase price subject to asserting, within a specified period, an indemnity claim for any breaches of defendant's representations and warranties in the Stock Purchase Agreement. Plaintiff asserted indemnity rights because defendant had misrepresented portions of its unaudited financial records.