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J. Douglas Cuthbertson

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

Biography

J. Douglas Cuthbertson is a member of the firm's Business Litigation Practice. He has extensive experience in complex business litigation and counseling for clients in the financial services and insurance industries, and has handled hundreds of cases at all levels of state and federal courts and in commercial arbitrations throughout many jurisdictions around the country.

Doug's practice focuses on the defense of financial institutions in commercial and consumer litigation in the Mid-Atlantic region and nationally. He has experience supervising the management of individual, class action and other multi-party litigation for several financial institutions, developing and implementing coordinated litigation strategies to resolve those matters favorably. He regularly prepares corporate witnesses for depositions, testimony and mediations and has experience in representing clients in various forms of alternative dispute resolution, including private mediation and commercial arbitration. Doug's experience includes commercial litigation, such as interbank disputes involving M&A issues and loan participations, as well as suits alleging a variety of Federal consumer credit protection claims, including the Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Electronic Fund Transfer Act (EFTA), and Higher Education Act (HEA). He has handled litigation involving a wide variety of financial products and issues. 

Doug also manages the defense of significant litigation matters for a Fortune 500 diversified financial services group of companies in the Washington, D.C. metropolitan area. He has experience managing all aspects of litigation, including settlement negotiations, mediations, litigation strategy, and local counsel. He coordinates the defense of matters involving complex commercial, real estate, consumer, and loan-level litigation related to consumer lending. Doug also counsels his clients on compliance issues to mitigate ongoing litigation risk. 

Outside of the financial services and insurance industries, Doug provides litigation services for a wide variety of matters arising out of commercial and business disputes. He has experience with complex commercial litigation and counsels clients across a broad spectrum of issues, including contract matters, M&A litigation, real estate disputes, alternative dispute resolution, negotiated settlements, and risk management matters. 

Doug has received an AV Preeminent rating from Martindale–Hubbell and was named by The American Lawyer to Washington D.C. & Baltimore’s Top Rated Lawyers of 2015 in the area of Commercial Litigation.

Representative Experience

  • Murdoch v. Rosenberg & Associates, LLC, 875 F. Supp. 2d 6 (D.D.C. 2012) (dismissal of putative FDCPA class action based on improper venue).
  • 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) (dismissal of action to vacate arbitration award on claims for breach warranty and violation of the Virginia Consumer Protection Act (VCPA)).
  • DCFS USA, LLC v. D.C., 803 F. Supp. 2d 29 (D.D.C. 2011) (partial summary judgment in favor of a financial institution in a Constitutional due process and 42 U.S.C. § 1983 civil rights claim).
  • DCFS USA, LLC v. D.C., 820 F. Supp. 2d 1 (D.D.C. 2011) (bankrupt purchaser of vehicle lacked standing to move for joinder).
  • Domonoske v. Bank of Am., N.A., 705 F. Supp. 2d 515 (W.D. Va. 2010) (denial of preliminary approval of class settlement in putative class action alleging violations of the Fair Credit Report Act (FCRA)).
  • United Student Aid Funds, Inc. v. Espinosa, 557 U.S. 903, 129 S. Ct. 2791, 174 L. Ed. 2d 289 (2009) (counsel for amici curiae in support of petition for writ of certiorari).
  • In re Marshall, 307 B.R. 517 (Bankr. E.D. Va. 2003) (debtor’s suit against mortgage servicer barred by statute of limitations).

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
  • “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 
  • “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
  • “Ethical Issues in Consumer Financial Services Practice,” American Bar Association, Business Law Section, Consumer Financial Services Committee, Park City, Utah, January 8, 2008

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 - 2014
  • Federal Bar Association, Northern Virginia Chapter: Member, 2007 - Present
  • George Mason American Inn of Court: Barrister, 2008 - 2012; Chairman, Awards Committee, 2009 - 2010
  • 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

  • Recognized in Washington D.C. & Baltimore’s Top Rated Lawyers of 2015 by The American Lawyer in the area of Commercial Litigation
  • 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., University of Richmond, 1993

Bar Admissions

  • Virginia
  • District of Columbia
  • Maryland

Court Admissions

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