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Mary Elizabeth Davis

919 East Main Street
Twenty-Fourth Floor
Richmond, Virginia 23219
Phone:  804.783.7579
Fax:  804.783.7651

Biography

Betsy Davis focuses her practice on advising management in all areas of labor and employment law. She regularly represents employers in state and federal courts in the areas of discrimination, fair labor standards, family and medical leave, wrongful discharge, covenants not to compete, breaches of employment contracts, as well as other state and federal employment issues. She counsels and represents clients in defense of EEOC charges and DOL investigations.

Betsy uses her litigation experience to counsel clients with a goal of eliminating risk and placing the client in the best position should litigation arise. She provides advice and management training to raise awareness and ensure compliance with employment laws. Betsy routinely reviews and develops employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents. She is frequently contacted by clients to assist in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.


Representative Experience

Employment Litigation

  • Represented employers in a broad section of industries on claims of discrimination, harassment, and retaliation; wage and hour; family and medical leave; wrongful discharge; noncompetition, nonsolicitation, and confidentiality covenants; trade secrets; business torts; and breaches of employment contracts in state and federal courts.
  • Represented clients in investigation and defense of EEOC, DOL, and NLRB charges and VEC claims.
  • Drafted and litigated non-compete, non-solicitation, and confidentiality covenants to injunction.
  • Defended business litigation claim filed by joint venturer in federal court to agreed dismissal without defense payment.
  • Defended local and multistate employers in DOL audits.
  • Represented national employer in discrimination claim to defense verdict in federal court.
  • Mediated EEOC charges against employers in a wide range of industries to successful resolution without litigation.
  • Represented senior executive in successful grievance litigation before the Circuit Court, the Virginia Court of Appeals, and the Virginia Supreme Court; obtained contempt order.
  • Proved and enforced employment contract against locality.
  • Litigated fiduciary duty claim against executive who created competing company to successful resolution.
  • Mediated multi-defendant non-compete litigation to successful resolution through federal court mediation program.

Employment Counseling

  • Trained and advised employers regarding federal and state employment law compliance, including the FLSA, FMLA, ADA, ADAAA, ADEA, Title VII, COBRA, FCRA, and the WARN Act.
  • Developed and reviewed employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents for Virginia and multistate employers.
  • Assisted clients in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
  • Counseled management in various industries in planning and implementing work force reductions.

Reported Cases

  • Nidelka Adams v. McDaniel Services, 2016 U.S. Dist. LEXIS 29803 (E.D. Va, March 8, 2016)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93976 (E.D. Va. July 6, 2012)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93979 (E.D. Va. June 1, 2012)
  • Keck v. Virginia, 470 Fed. Appx. 127, 2012 U.S. App. LEXIS 6644 (4th Cir. Va. 2012)
  • Keck v. Commonwealth, 2011 U.S. Dist. LEXIS 74635 (E.D. Va. July 12, 2011)
  • Va. Dept. of Corrections v. Estep, 2011 Va. LEXIS 82 (Supreme Court of Virginia 2011)
  • Va. Dep't of Corr. v. Estep, 2010 Va. LEXIS 125 (Supreme Court of Virginia 2010)
  • Va. Dep't of Corr. v. Estep, 55 Va. App. 386 (Court of Appeals of Virginia 2009)
  • Alta. Telcomms. Research Ctr. v. Rambus Inc., 2006 U.S. Dist. LEXIS 26313 (E.D. Va 2006)
  • Mid-Atlantic Bus. Communs., Inc. v. Va. DMV, 269 Va. 51 (Supreme Court of Virginia 2005)
  • Contreras v. Thor Norfolk Hotel, L.L.C., 292 F. Supp. 2d 798 (E.D. Va. 2003)
  • Ross v. Pendell, 46 Fed.Appx. 155, 2002 WL 2023207 (4th Cir.(Va.) 2002)
  • Taylor v. Frazer, et al., 42 Fed.Appx 651, 2002 WL 1893174 (4th Cir.(Va.) 2002)
  • Coleman v. Ward, 208 F.3d 208, 2000 WL 245290 (4th Cir. (Va.) 2000)
  • Buckley v. Womack, et al., 203 F.3d 819, 2000 WL 139909 (4th Cir. (Va.) 2000)

Speaking Engagements

  • May 18, 2017, presenting “Staffing and Employment Issues” to the Associated General Contractors of Virginia, Young Leaders Conference.
  • May 11, 2017, moderating “Human Resources 101: Hiring, Firing and Employment Law Update” for the Richmond Bar Association.
  • April 11, 2017, presenting “The Trump Experience: How U.S. Law Will Change Employment Changes, LeClairRyan webinar.
  • April 27, 2017, presenting “The Trump Experience: How Employment Laws Will Change” to the Virginia Association of Personal Care Providers, 2017 Spring Meeting.
  • August 25, 2016, presenting “Minimizing Risk in the Construction Industry: Tips of Managing Employees” to the Associated General Contractors of Virginia, Young Leaders Conference.
  • July 20, 2016, presenting “Be(A)ware – Employment Laws are Changing” to the Association of Legal Administrators.
  • July 12, 2016, presenting “War on Misclassification” to the Hanover Chamber of Commerce.
  • April 7, 2016, (Newport News), April 12, 2016 (Richmond), April 19, 2016 (Fairfax) presenting “Human Resources Rules and Regulations” to the Virginia Association of Personal Care Providers.
  • April 11, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Hill-Tucker Bar Association.
  • April 13, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Richmond Bar Association.
  • January 14, 2016, presenting "Employment Law Update: Cutting Edge Issues” to lawyers and human resources professionals on behalf of Sterling Education Services. 
  • October 7, 2015, presenting "Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resource professionals on behalf of the National Business Institute.
  • October 6,2015, presenting “Human Resources, Overtime Exemptions, and the ACA” to the Virginia Association of Personal Care Providers.
  • October 7, 2015, presenting “Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resources professionals on behalf of the National Business Institute.
  • October 2015, presenting “The Five Hottest Areas of Employment Liability Risk” to the Chesterfield Chamber of Commerce.
  • February 4, 2015, presenting “Fundamentals of Employment Law” to lawyers and human resources professionals on behalf of Sterling Education Services.

Legal Experience

  • LeClairRyan, Richmond, Virginia, 2017 – Present
  • Spotts Fain, Richmond, Virginia, 1998 – 2017
  • Law Clerk, The Honorable Dennis J. Smith, Fairfax County Circuit Court, 1997 – 1998

Memberships and Affiliations

  • Virginia State Bar: Young Lawyer's Conference; Regional Chairperson, No Bills Night, Richmond; Harry L. Carrico Professionalism Course, Faculty Member
  • Virginia Bar Association: Labor and Employment Section
  • Richmond Bar Association: Administration of Justice Committee, Past Chair; Membership Committee, Chair
  • Lewis F. Powell, Jr. American Inn of Court: Member, 2009 – Present; President, 2011 – 2013; Immediate Past President, 2013 – 2015
  • National Association of Women Business Owners
  • Make-A-Wish Greater Richmond: Board Member

Distinctions

  • Virginia Business magazine's Legal Elite
  • Virginia Super Lawyers: Rising Star 2007; Labor and Employment Law Super Lawyer, 2009 – 2012
  • “AV-Preeminent” Rated by Martindale-Hubbell

Related Industries

Education

  • J.D., cum laude, University of Richmond T.C. Williams School of Law, 1997, Client Counseling and Negotiations Boards Member, Moot Court Board
  • B.A., English, University of Virginia, 1994

Bar Admissions

  • Virginia

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