Associate
Attorneys
Bethany J. Fogerty
Associate
Bethany is an attorney in the firm’s Commercial Litigation Practice Group, where she represents clients in complex disputes on a wide variety of matters including contract claims, fiduciary duty matters, trade secrets, defamation, and land use litigation. She handles every phase of litigation—from pretrial strategy through appeals—in both state and federal courts. Bethany’s practice is defined by her ability to navigate intricate legal and procedural issues with precision, particularly in cases involving overlapping business and constitutional concerns. She also has extensive experience representing media clients in First Amendment litigation, including matters of access and prior restraint.
Bethany has had multiple victories in zoning disputes. In one case, she challenged a locality’s denial of a conditional-use permit under the Telecommunications Act of 1996 and state zoning laws. She framed the statutory violations and secured a bulletproof summary judgment ruling that was easily affirmed on appeal. In another case, she represented a solar developer defending a use permit against a challenge by neighboring landowners. Leveraging recent precedent that facilitates comprehensive review of the legislative record at the pleading phase, she was able to get the case tossed on a demurrer, again resulting in a ruling that was easily affirmed on appeal. The result in both cases: a reminder that smart litigation can unlock stalled projects.
As lead counsel representing companies in multiple breach-of-contract suits, Bethany has experience litigating every element of a contract dispute. She streamlines discovery, leverages dispositive motions, and positions cases for favorable resolution or trial.
Bethany defends media clients in defamation and other First Amendment disputes. She pursues access to proceedings and records and obtains orders dissolving prior restraints on publication.
Bethany and her co-counsel prosecuted claims on behalf of a government contractor against former employees for trade secret misappropriation, breach of fiduciary duty, tortious interference, Virginia Computer Crimes Act violations, fraud, and statutory business conspiracy. She led an extensive discovery effort that included forensic inspection of devices and accounts to uncover evidence of wrongdoing, and helped develop a creative damages strategy to compensate the contractor for the value lost as a result of the defendants’ unlawful actions.
When a former business owner challenged the restrictive covenants our client sought to enforce, Bethany defended their validity and scope. By framing the contract in the context of the business purposes that led to its creation, she obtained a ruling that the covenants were enforceable.
When permits become battlegrounds, Bethany gets to work. She represents applicants and permit holders in disputes over approvals or denials of conditional use permits. She translates complex land-use considerations into straightforward, persuasive arguments in favor of the permit.
Bethany leads fiduciary matters with steady judgment—seeking aid and direction for trustees and obtaining court approval for trust amendments and non-judicial settlement agreements.
"Structured for Solutions" means that we are nimble enough to staff cases in a lean and efficient manner, but also have additional resources in the form of subject matter experts and additional manpower that we can and will draw upon when necessary to timely meet the needs of our clients, regardless of the size or complexity of the litigation.
Norfolk Office
