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Member

Brett A. Spain

Brett A. Spain

Credentials

Credentials

Education

  • J.D., University of Virginia, 1999
  • B.A., University of Virginia, 1995

Admissions - Bar

  • Virginia

Admissions - Court

  • Supreme Court of Virginia
  • Virginia Court of Appeals
  • U.S. Supreme Court
  • Eastern District of Virginia
  • Western District of Virginia
  • Fourth Circuit Court of Appeals
  • Second Circuit Court of Appeals
  • Federal Circuit Court of Appeals

Involvement

  • Virginia State Bar
  • Norfolk Portsmouth Bar Association
  • Federal Bar Association
  • Virginia State Bar
  • Norfolk Portsmouth Bar Association
  • Federal Bar Association
  • Chair, Commercial Litigation Section

Clerkships

  • Honorable Henry Coke Morgan, Eastern District of Virginia, 1999-2000

Leading Complex Business, Municipal, and First Amendment Litigation

Brett is the head of the Commercial Litigation Section and an experienced trial lawyer with a wide-ranging commercial and civil litigation practice.  Working with both large and small clients, he regularly represents clients at all levels in the state and federal systems in Virginia, as well as cases throughout the country.  He primarily focuses on complex litigation, with an emphasis on business litigation, municipal law, First Amendment and media law, trade secret disputes, land use and other real estate litigation, and trusts and estates litigation. In addition to his courtroom practice, Brett serves as the firm’s risk management partner and general counsel, advising attorneys on ethics and professional responsibility.

Notable Work & Achievements

Business Litigation

Brett regularly represents corporate, governmental, and individual clients in all manner of business disputes, including litigation involving contractual rights, M&A transactions, intellectual property, shareholder rights, real estate litigation, theft of trade secrets, defamation and business torts.

First Amendment and Media Law

Brett has represented media clients in all aspects of First Amendment law, including defamation cases, public access to courtrooms and court documents, subpoenas, and search warrants. In addition to core First Amendment work, he has prevailed in bench trials concerning the 

Virginia Freedom of Information Act for both private clients seeking access to records and on behalf of public entities objecting to access.

State and Local Government

Brett regularly advises and represents municipalities and other political subdivisions on a wide variety of municipal law issues and commercial disputes such as disputes over title to property, Freedom of Information Act requests, contract disputes, tax challenges, regulation of traffic, and land use disputes. Brett also regularly assists other lawyers in the firm representing local and regional governmental entities (e.g., cities, counties, and regional authorities and commissions) with analysis and advice on day-to-day issues.

Recognitions

  • Best Lawyers in America, Commercial Litigation, 2020-2024; Media Law, 2024
  • Virginia's "Legal Elite," Virginia Business magazine, Appellate Law (2009-present)
  • Virginia's Super Lawyers (2013-2022)
  • Virginia's Super Lawyers "Rising Star" (2008-2012)
  • Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys

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