Kelly L. Faglioni

Partner

Contact

  • Richmond
    p804.788.7334
    f804.788.8218
  • Richmond
    p804.788.7334
    f804.788.8218

Kelly practices in general commercial and regulatory litigation and law firm ethics, conflicts, and risk management.

Kelly's litigation experience spans both commercial and regulatory litigation before state and federal trial and appellate courts, regulatory agencies, and alternative dispute resolution forums. A significant amount of her litigation practice has focused on product issues that have included compliance, recall, investigations, retail sale, warranty, and products liability. She also has experience litigating professional malpractice, business torts, and post-M&A, contract, corporate governance, and partnership disputes. Her regulatory litigation practice has involved the nuclear and telecommunications industries. Kelly clerked for the Hon. A. Christian Compton, Justice of the Supreme Court of Virginia in 1992-93.

As the firm's Deputy General Counsel, Kelly has substantial experience with law firm ethics, conflicts, compliance, and risk management, including defense of malpractice and third party claims. In this capacity and as Chair of the firm's Conflicts and Professional Conduct Committee, Kelly regularly advises on conflicts issues and compliance with professional rules and guides the firm's Business Intake and Conflicts section.

Relevant Experience

  • Defended third party (non-client) claims against law firm client (tortious interference with contract, conspiracy, aiding and abetting). 
  • Negotiated resolution of Virginia Securities Act claims with Virginia State Corporation Commission. 
  • Defended private equity firm in dispute with withdrawing partner under Virginia Uniform Partnership Act. 
  • 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. 
  • Represented federal agency pursuing 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. 
  • Prevailed in jury trial on negligent hiring/respondent superior claim.
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