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J. Douglas Cuthbertson

2318 Mill Road
Suite 1100
Alexandria, Virginia 22314
Phone:  703.647.5925
Fax:  703.647.5975

Biography

Doug Cuthbertson focuses his practice on complex civil litigation.  He represents businesses, insurance companies, financial institutions and individuals in the state and federal courts throughout Virginia and the District of Columbia, as well as in arbitration and mediation.

Doug concentrates primarily on banking and consumer financial services litigation. He has significant experience defending financial institutions in class action and individual litigation brought under the Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Virginia Consumer Protection Act (VCPA) and other state and federal consumer credit protection laws. Doug has handled matters involving credit reports, debt collection, mortgage servicing, vehicle financing and wrongful foreclosure and other foreclosure avoidance claims. Additionally, Doug has testified before members of Congress on the U.S. House of Representatives Judiciary Committee, and represented student loan guarantors as amici curiae before the U.S. Supreme Court, concerning the undue hardship discharge for educational loans in bankruptcy.

Doug also represents clients in a broad range of tort and complex litigation.  He regularly represents clients in all phases of civil litigation in insurance liability defense matters, including premises liability, automobile liability defense, professional liability, and insurance coverage disputes. Doug also represents clients in commercial litigation, including matters involving breach of contract, commercial creditors’ rights, fraud, bankruptcy litigation, construction disputes, lender liability, and community association litigation.

Representative Experience

  • Successfully tried an FDCPA and breach of contract case in U.S. Bankruptcy Court, recovering a defense judgment in favor of a community association board.
  • Successfully obtained an arbitration award in favor of an automobile dealer in a case involving claims for breach of warranty and violations of the VCPA, as well as the dismissal of a Federal Arbitration Act claim challenging the award in Federal District Court, affirmed on appeal by the Fourth Circuit. Crews v. S & S Serv. Ctr. Inc., 848 F. Supp. 2d 595 (E.D. Va. 2012), aff’d sub nom., Crews v. S&S Serv. Ctr. Inc., 474 F. App’x 370 (4th Cir. 2012).
  • Successfully defended a prominent Maryland law firm sued for violations of the FDCPA, the Maryland Consumer Protection Act, the Maryland Consumer Debt Collection Act, and the District of Columbia Consumer Protection and Procedures Act, obtaining the dismissal of all class allegations and all but one of the plaintiff’s individual FDCPA claims. Murdoch v. Rosenberg & Associates, LLC, 2013 WL 1209144 (D. Md. 2013). The dismissal came after the U.S. District Court for the District of Columbia dismissed the case for improper venue and transferred venue to the U.S. District Court for the District of Maryland. Murdoch v. Rosenberg & Associates, LLC, 875 F. Supp. 2d 6, 7-8 (D.D.C. 2012).
  • Successfully obtained partial summary judgment in favor of a financial services company in a Constitutional due process and 42 U.S.C. § 1983 claim in Federal District Court. DCFS USA, LLC v. Dist. of Columbia, 820 F. Supp. 2d 1 (D.D.C. 2011), and DCFS USA, LLC v. Dist. of Columbia, 803 F. Supp. 2d 29 (D.D.C. 2011).
  • Successfully tried an FCRA and defamation case in Virginia state court, recovering a defense verdict for a national mortgage servicer after a jury trial.
  • Represented a national student loan trade association and several federal student loan guarantors as amici curiae before the U.S. Supreme Court concerning the nondischargeability of private educational loan debt in bankruptcy.
  • Testified as a witness before the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, on the nondischargeability of student loan debt in bankruptcy.
  • Successfully tried multiple commercial and insurance liability defense cases, substantially prevailing on our clients’ behalf.

Classes and Seminars Taught

  • “Virginia Consumer Credit Protection Litigation,” Northern Virginia Bankruptcy Bar Association, Fairfax, Virginia, April 14, 2011
  • “Gotcha: A Survey of Hidden Traps for the Unwary in Several Practice Areas,” American Bar Association, Business Law Section, Denver, Colorado, April 22, 2010
  • “Ethical Issues in Consumer Financial Services Practice,” American Bar Association, Business Law Section, Consumer Financial Services Committee, Park City, Utah, January 8, 2008

Speaking Engagements

  • “Updates on Frequent Issues in Mortgage, Credit Card, Credit Reporting, Debt Collection, Retail Financing and Student Loan Litigation,” Fall 2012 USLAW Network Client Conference, Washington, D.C., October 6, 2012
  • “Fast and Furious: The Business Litigation Five-Minute Drill,” Fall 2012 USLAW Network Client Conference, Washington, D.C., October 6, 2012
  • “We’ve Been Sued! Now What?,” Washington Metropolitan Chapter Community Associations Institute (WMCCAI), Washington, D.C., March 31, 2012
  • “Bankruptcy Developments,” National Council of Higher Education Loan Programs, Washington, D.C., October 26, 2009
  • “An Undue Hardship? Discharging Educational Debt in Bankruptcy,” U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, Washington, D.C., September 23, 2009

Published Works

  • “Eastern District Rules on New Statute of Limitations,” The Rocket Docket News, July 2009
  • "FACTA May Not Bar Later Fair Credit Suits," ABA Business Law eNewsletter: Young Lawyer Forum, February 2009
  • "Technology Law," 37 U. Rich. L. Rev. 341, Co-Author, November 2002
  • "Insurance Law, 35.3 U. Rich. L. Rev. 697, November 2001
  • "Insurance Law," 34.3 U. Rich. L. Rev. 883, Co-Author, November 2000

Legal Experience

  • LeClairRyan, Alexandria, Virginia, 2011 – Present
  • Miles & Stockbridge P.C., McLean, Virginia, 2001 – 2011
  • Sands Anderson PC, Richmond, Virginia, 1999 – 2001
  • McGuireWoods LLP, Richmond, Virginia, 1997 – 1999

Memberships and Affiliations

  • Alexandria Bar Association: Member, 2012 - Present
  • American Bar Association (Business Law Section, Consumer Financial Services Committee): Member, 2008 - Present; Vice Chair, Young Lawyers Committee, 2009 - 2010
  • American Bar Association (Litigation and Tort, Trial & Insurance Practice Sections): Member, 2014 - Present
  • Claims and Litigation Management (CLM) Alliance: Secretary, Potomac Region Chapter, 2013 - Present
  • Federal Bar Association, Northern Virginia Chapter: Member, 2007 - Present
  • George Mason American Inn of Court: Barrister, 2008 - 2012; Chairman, Awards Committee, 2009 - 2010
  • National Retail and Restaurant Defense Association (NRRDA): Member, 2013 - Present
  • Virginia Association of Defense Attorneys (VADA): Member, 2014 - Present
  • Virginia State Bar, Young Lawyers Conference: Chairman, Immigrant Outreach Committee, 2004 - 2005; Chairman, Career Issues Committee, 1999 - 2001
  • Washington Metropolitan Chapter of the Community Associations Institute (WMCCAI): Member, 2012 - Present

Distinctions

  • Martindale-Hubbell, AV Peer Review Rated
  • Recognized as a Virginia Super Lawyer® Rising Star by Law & Politics magazine in Business Litigation and Bankruptcy & Creditor/Debtor Rights, 2007, 2009 – 2010

Education

  • J.D., University of Houston Law Center, 1997
  • B.A., Journalism, University of Richmond, 1993

Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia, 1997
  • U.S. District Court for the Western District of Virginia, 1997
  • U.S. Court of Appeals for the Fourth Circuit, 1997
  • U.S. Bankruptcy Court for the Eastern District of Virginia, 2001
  • U.S. Bankruptcy Court for the Western District of Virginia, 2006
  • U.S. District Court for the District of Columbia, 2008
  • U.S. Court of Appeals for the District of Columbia Circuit, 2008
  • United States Supreme Court, 2008