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Alan D. Albert

999 Waterside Drive
Suite 2100
Norfolk, Virginia 23510
Phone:  757.441.8914
Fax:  757.624.3773
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219

Biography

Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters.

Mr. Albert has been recognized in The Best Lawyers in America continuously since 1996, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in four distinct categories – in particular, business litigation, white-collar criminal defense, intellectual property litigation, and governmental relations.  He has also been recognized in many other compilations of leading legal practitioners, including Super Lawyers and Virginia Business magazine’s annual compilation of the “Virginia Legal Elite.”

Mr. Albert is a frequent lecturer and commentator on legal and governmental topics including civil and criminal procedure, evidence, environmental law and land use, election and campaign finance law, and public finance.  His writings on law and government have appeared in journals including the Harvard Law Review, the Harvard International Law Journal, and the Harvard Political Review.  He has co-authored books on environmental law and land use, including the Virginia Environmental Law Handbook.

In the public and civic sphere, Mr. Albert has served as a top policy and legal adviser to a Virginia governor, the executive director of a state political party, general counsel to numerous campaigns, and as chairman and a longtime member of Virginia’s Board of Conservation and Recreation, which oversees Virginia’s award-winning state park system and conservation programs throughout the Commonwealth.  He also has served as a board leader for arts and cultural institutions, including the Virginia Opera, the Virginia Symphony, Virginians for the Arts, and CREATOrS, a nonprofit he recently co-founded with the goal of identifying and bringing to artistic realization compelling stories from contemporary political and social life.

Representative Cases & Matters

Intellectual Property Litigation  

  • Recovered, through aggressive declaratory judgment action, legal rights of former world heavyweight boxing champion to his life story, clearing obstacles to production of 2001 Academy Award-nominated feature film AliMuhammad Ali v. Muhammad Ali Productions, Inc. (E.D. Va. 1999).
  • Represented generic drug manufacturer in striking down six issued patents on one of world’s top ten revenue-producing drugs. Geneva Pharmaceuticals v. GlaxoSmithKline, 213 F. Supp. 2d 597 (E.D. Va. 2002) and 189 F. Supp. 2d 377 (E.D. Va. 2002), aff’d, 343 F.3d 1373 (Fed. Cir. 2003).
  • Obtained defense summary judgment in Lanham Act false advertising claims asserted against NASA high technology contractor by competitor.  Tao of Systems Integration, Inc. v. Analytical Services & Materials, Inc., 330 F.Supp. 668 (E.D. Va. 2004), aff’d, 141 Fed. Appx. 129 (4th Cir. 2005) (per curiam).
  • Obtained defense summary judgment on alleged patent infringement of transceiver utilized in provision of digital subscriber line (DSL) broadband service.  Bell Atlantic Network Services, Inc. v. Covad Communications Group, Inc., 92 F. Supp. 2d 483 (E.D. Va. 2000).

Business Litigation

  • Secured judicial reversal of adverse decisions of Board of Zoning Appeals denying approval for wireless telecommunications towers in chronically underserved area. Verizon Wireless v. Board of Zoning Appeals (James City Cir. Ct., 2010).
  • Served as expert witness on commercial litigation and attorneys’ fees for multinational lodging company, obtaining substantial fee recovery. Lake Wright Hospitality, LLC v. Holiday Hospitality Franchising, Inc., 2009 WL 4841017 (Oct. 23, 2009).
  • Obtained multimillion-dollar settlement for independent television station in multistate construction litigation arising out of collapse of nearly 1000-foot-tall broadcast antenna tower during construction.
  • Represented numerous principals in closely-held entity control disputes, including shareholder squeeze-outs, partnership dissolutions and dissenters’ rights disputes.

White-Collar Criminal Defense

  • Secured dismissal at conclusion of government’s evidence of 31-count bank fraud case against bank president and sitting state senator, and largest award in history of attorneys’ fees against the United States for vexatious prosecution.  United States v. Holland, 34 F. Supp. 2d 346 (E.D. Va. 1999) and 48 F. Supp. 2d 571 (E.D. Va. 1999), aff’d, 214 F.3d 523 (4th Cir. 2000).
  • Obtained from SEC favorable civil resolution of securities fraud claims arising out of nationwide trading practices relating to demutualization of savings institutions.
  • Won reversal of felony public record forgery conviction of sitting state court judge. Campbell v. Commonwealth, 14 Va. App. 988, 421 S.E.2d 652 (Va. Ct. App. 1992) (en banc).
  • Defended dozens of professionals, including physicians, securities broker-dealers, banking officials, real estate professionals and governmental officials in federal and state investigations, grand jury proceedings and criminal prosecutions.

Environmental Litigation & Regulation

  • Negotiated favorable resolution of multimillion-dollar federal remediation claims asserted with respect to, and insurance recoveries for, Superfund site entailing extensive PCB contamination of soil and groundwater.
  • In one of Virginia’s first “brownfields” success stories, successfully shepherded former industrial site, heavily impacted by chlorinated solvent contamination of soil and groundwater to productive use through Virginia Voluntary Remediation Program.

Legal Experience

  • LeClairRyan, Norfolk & Richmond, Virginia, 2004 – present
  • Troutman Sanders LLP (formerly Mays & Valentine LLP), Norfolk & Richmond, Virginia, 1989 – 2004
  • Office of the Governor, Commonwealth of Virginia, Richmond, Virginia, 1986 – 1989

Distinctions

  • Martindale-Hubbell AV rating
  • Fellow, Virginia Law Foundation
  • Listed continuously since 1996 in the Best Lawyers in America; presently listed in four categories (Commercial Litigation; White-Collar Criminal Defense; Intellectual Property Litigation; Government Relations)
  • Named to Virginia Legal Elite in multiple categories over past two decades, including Business Litigation, Criminal Defense, and Administrative Law
  • Named a Virginia Super Lawyer in Business Litigation and in White-Collar Criminal Defense continuously since 2006
  • Recognized in Who’s Who in American Law, Who’s Who in America, Who’s Who in the World
  • Troutman Sanders LLP Pro Bono Service Award (2002)
  • President’s Award for Distinguished Service, Treasurers Association of Virginia, 1993 & 2000
  • Award for Distinguished Service, Virginians for the Arts, 2011

Civic & Community:

  • Virginia Opera Association, Inc., Chairman of the Board (2011-present and 1998-2000); prior service as President-Elect, First Vice President, Secretary; Director since 1990.
  • Virginia Symphony Orchestra, Trustee, 2009-present. Chorus member, 2009-present.
  • Norfolk Law Library, President, 2006-present.
  • Creative Resources Empowering Artists Telling Our Stories, Inc. (CREATOrS), Co-Founder, Chairman of the Board of Trustees, 2011-present.
  • Association of Marshall Scholars.
  • Commonwealth Theatre Company, Inc., Co-founder and Vice President, 2004-06.
  • Virginians for the Arts Foundation, Inc., Legislative Counsel, 1996-2011.
  • Tidewater Legal Aid Society, Director, 1990-93.
  • Treasurers Association of Virginia, Legislative Counsel, 1990-present.
  • Commissioners of the Revenue Association of Virginia, Legislative Counsel, 1990-97 and 2003-10.
  • Virginia Association of Local Elected Constitutional Officers, Legislative Counsel, 1990-present.
  • Harvard Law School, Co-Chairman of 10th Reunion and 15th Reunion Gift Committees
  • Harvard College, Gift Committee, 25th and 30th Reunions.

Other Public Service:

  • Chairman (2002-06) and Member (2002-present), Board of Conservation and Recreation, Commonwealth of Virginia.
  • Regional Co-Chair, 2002 Parks and Natural Areas Bond Campaign (successful effort to obtain voter approval of $119 million capital investment in Virginia’s parks and natural areas).

Education

  • J.D., cum laude, Harvard Law School, 1985
  • M. Phil., Politics, Oxford University, 1981
  • A.B., Government & Economics, magna cum laude, Harvard College, 1979

Bar Admissions

  • Virginia

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia