|
Partner & Member of Office of General Counsel
Litigation & Intellectual Property Practice
Richmond
(804) 788-7334 Phone
(804) 788-8218 Fax
Download vCard
| Practices |
Alternative Dispute
Resolution
Appellate
Litigation
National Business
Tort and Product
Liability
Telecommunications
|
Practice focuses on law firm ethics, compliance, and risk management. Other areas of significant experience include investigations, products liability (including compliance and recall), litigation (appellate, commercial, and regulatory), and other dispute resolution processes (mediation and arbitration).
Relevant Experience 
- Serves as Deputy General Counsel to the firm.
- Oversees firm's Business Intake and Conflicts section, including business intake policies and processes, conflicts issues, and terms of engagement and disengagement.
- Chairs the firm's Conflicts and Professional Conduct Committee, advising on conflicts issues and compliance with professional rules.
- Managed or consulted on numerous recall campaigns for consumer product manufacturers and suppliers.
- Consulted on product and regulatory compliance issues for consumer products manufacturers and suppliers.
- Conducted internal corporate investigations for both public and non-profit companies.
- Consulted on audit committee best practices and procedures.
- Litigating issues associated with obtaining construction license for nuclear waste repository, including management of multi-million document production on searchable public website.
- Obtained dismissal of malpractice claim against attorney and law firm in Virginia Circuit Court.
- Obtained partial demurrer in corporate governance dispute leading to settlement of remaining minority shareholder claims for rescission.
- Represented former in-house counsel of company under government fraud investigation.
- Litigated and consulted on various wholesale and retail telecommunications disputes involving both wireless and wireline carriers.
- Litigated numerous interconnection agreements between telecommunications companies before the Federal Communications Commission and various state regulatory commissions, including appeal to federal district court.
- Litigated implementation of Telecommunications Act of 1996 before various state commissions on behalf of local telephone service provider, focusing on universal service issues.
- Prepared appeal of Virginia state administrative agency decision to circuit court leading to negotiated resolution of dispute.
- Prevailed on summary judgment using statute of limitations defense in commercial securities fraud action.
- Mediated and settled purchase price adjustment dispute arising from $300+ million stock sale agreement.
- Prevailed on summary judgment using sophisticated user defense in toxic tort/products liability action; upheld on appeal to Fourth Circuit.
- Mediated and settled various groundwater contamination cases involving both property damage and personal injury issues.
- Consulted on sweepstakes, with focus on regulatory compliance, drafting of liability release, and anticipation and prevention of claims.
- Analyzed and advised corporate clients on successor liability issues.
- Prevailed in jury trial on negligent hiring/respondent superior claim.
Background
- Law Clerk, Justice A. Christian Compton, Supreme Court of Virginia, 1992–93
Membership
- Virginia State Bar
- Richmond Bar Association
Education - J.D., Washington and Lee University School of Law, summa cum laude, Order of the Coif; Editor in Chief, Law Review, University Service Award, 1992
- B.A., Bucknell University, cum laude, English and Political Science (minor in Education), Phi Beta Kappa, Omicron Delta Kappa, 1989
|
Kelly Faglioni
|
|
|
