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Attorneys

Contact Information

411 East Franklin Street
Suite 600
Richmond, Virginia 23219-2200
(804) 697-2040
(804) 697-2140 (fax)
Email Me
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Current Employment Position(s):

Shareholder and Managing Director

Areas of Practice:

  • Corporate, Commercial and Business Litigation
  • Employment Litigation
  • Construction Litigation
  • Intellectual Property Litigation
Bar Admissions:

  • Texas
  • Virginia
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Virginia
  • U.S. District Court Western District of Virginia
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals 5th Circuit
Published Works:

  • Pooling and Unitization in Virginia: The Law, the Regulations And the Reality, Landman - Official Journal of the American Association of Professional Landmen, May/June, 1993

Representative Cases:

  • Old Dominion Freight Line v. Std. Sec. Life Ins. Co., 73 Va. Cir. 441 (Circuit Court of the City of Richmond 2007)

  • Silicon Image v. Genesis Microchip, 2006 U.S. App. LEXIS 9658 (Fed. Cir. 2006)

  • Silicon Image v. Genesis Microchip, 271 F. Supp. 2d (U.S. District Court E.D. Virginia 2003)

  • Commonwealth Biotechnologies v. Va. Commonwealth Univ., 59 Va. Cir. 98 (Circuit Court of the City of Richmond 2002)

  • Taylor v. Frazer, 42 Fed.Appx. 651, 2002 WL 1893174 (4th Cir. (Va.) 2002)

  • Lightner v. Ferguson, 58 Va.Cir. 76, 2001 WL 1590464 (Va. Cir. Ct. 2001)

  • KPMG Peat Marwick, L.L.P. v. Estate of Nelco, Ltd., Inc., 250 B.R. 74 (U.S. District Court E.D. Virginia 2000)

  • Coleman v. Ward, 208 F.3d 208, 2000 WL 245290 (4th Cir. (Va.) 2000)

  • Waste Management Holdings, et al. v. Gilmore, 87 F.Supp.2d 536, 30 Envtl. L. Rep. 20,334 (U.S. District Court E. D. Virginia 2000)

  • River Road Shopping Center, Inc. v. Scott, 259 Va. 87, 523 S.E.2d 494 (Supreme Court of Virginia 2000)

  • Smith v. Sydnor, 2000 U.S. Dist. LEXIS 20074 (U.S. District Court E.D. Virginia 2000)

  • Pollard & Bagby, Inc. v. Pierce Arrow, L.L.C., et al., 258 Va. 524, 521 S.E.2d 761 (Supreme Court of Virginia 1999)

  • Waste Management Holdings, Inc. et al. v. Gilmore, 64 F.Supp.2d 537, 30 Envtl. L. Rep. 20,090 (U. S. District Court E. D. Virginia 1999)

  • Smith v. Sydnor, 184 F.3d 356 (4th Cir. (Va.) 1999)

  • Warner v. Clementson, 254 Va. 356; 492 S.E.2d 655 (Supreme Court of Virginia 1997)

  • Gilbert v. Edward H. Winks Architecture, P.C., 41 Va.Cir. 344 (Circuit Court of the City of Richmond 1997)

  • Actuarial Benefits & Design Corp. v. Virginia Employment Commission, 23 Va.App 640; 478 S.E.2d 735 (Court of Appeals of Virginia 1996)

  • U.S. Postal Service v. Real Properties MLP Limited, 907 F.Supp. 154 (U.S. District Court E.D. Virginia 1995)

  • CaterCorp. Inc. v. Catering Concepts, Inc., 246 Va. 22; 431 S.E.2d 277 (Supreme Court of Virginia 1993)

  • CSX Transportation, Inc. v. Forst, 808 F.Supp. 517 (U.S. District Court E.D. Virginia 1992)

  • U.S. v. Harford, 870 F.2d 656, 1989 WL 21563 (4th Cir. (Va.) 1989)

  • Saul v. Penn Virginia Resources Corp. et al., 121 F.R.D. 657 (U.S. District Court W.D. Virginia 1988)


Classes/Seminars Taught:

  • Difficult Depositions, Virginia CLE, August 28, 2009

  • Best Practices in Circuit Court: An Interactive Judges' Forum for Richmond-Area Litigators: Pleadings, Practice, Discovery, and Expert Witnesses, Virginia CLE, February 24, 2009

  • Recovering Attorney's Fees in Commercial Litigation, Spotts, Smith, Fain & Buis, P.C.

Honors and Awards:

  • Best Lawyers in America, Bet-the-Company Litigation

  • Best Lawyers in America, Commercial Litigation

  • Virginia Business Magazine Legal Elite, 2003 - 2009

  • Listed in Virginia Super Lawyers, 2006 - 2010

Hugh M. Fain, III 

Hugh M. Fain, III is admitted to practice in Virginia and Texas. His practice emphasizes commercial and business litigation including contract disputes, business torts, employment law, intellectual property, construction litigation, and shareholder and partnership disputes.

Hugh earned a B.A. in Economics, with distinction, from the Virginia Military Institute in 1980. In 1983, he earned a J.D. from the University of Virginia, where he served on the editorial board of the Journal of Natural Resources Law and was a member of the Raven Society.

Hugh is a past President of the Richmond Bar Association, and he currently serves as Chair of the Board of Governors of the Virginia Bar Association. Hugh has been named by his peers in Best Lawyers in America in two categories, Bet-the-Company Litigation and Commercial Litigation.  He has been named in Virginia Business Magazine's Legal Elite each year since 2003 and in the Virginia Super Lawyers list each year since its inception. Hugh is rated AV by Martindale-Hubbell.

Hugh, his wife Renee and their three children live in Richmond. Hugh has coached his children in youth league sports and enjoys hunting, golf and tennis. He is a past president of the Innsbrook Rotary Club, VMI Club of Richmond and the VMI Alumni Association and is currently a member of the Board of Trustees of the VMI Foundation.

Education:
  • University of Virginia School of Law, Charlottesville, Virginia, 1983
    J.D.
    Honors: Raven Society
    Law Journal: University of Virginia Journal of Natural Resources Law, Editorial Board

  • Virginia Military Institute, Lexington, Virginia, 1980
    Bachelor of Arts
    Honors: With Distinction
    Major:  Economics

Professional Associations and Memberships:
  • Virginia Bar Association, 2010 - Present
    Chair, Board of Governors
  • Richmond Bar Association, 2006 - 2007
    President
  • VMI Foundation, Inc., 2005 - Present
    Board of Trustees
  • VMI Alumni Association, Inc.
    Past President
  • VMI Club of Richmond
    Past President
  • Texas State Bar
    Member
  • Innsbrook Rotary Club
    Past President
Birth Information:

March 27, 1958, Richmond, Virginia, United States of America

October 5, 2010 - Mike Rothermel will speak at a seminar in Richmond, Practical Guide to Zoning and Land Use Law. 

August 20, 2010 - Michael Yager, a Legal Assistant in our Litigation Section, spoke at a NALA LIVE! presentation on electronic discovery, "E-Discovery - Slow Down the Train" 

August 5, 2010 - Four Spotts Fain lawyers named in Best Lawyers in America, Meade Spotts, Hugh Fain, Robert Chappell and Dana McDaniel.

August 2, 2010 - Spotts Fain attorney, Lee Stephens assisted clients with first Fort Pickett Army Compatible Use Buffer (ACUB) conservation easement held by a State agency.

July 28, 2010 - Lessons on Charitable Conservation Contributions from Schneidelman v. Commissioner, by Robert Allen and Lee Stephens.

July 2010 - Spotts Fain congratulates Brian Marron, who begins his term as President of the Greater Richmond Bar Foundation.

July 9, 2010 - 'Much Ado About Nothing' - Bilski v. Kappos, by Bob Barrett.

June 23, 2010 - We are proud to announce that six Spotts Fain lawyers were named in the Virginia Super Lawyers list for 2010 and six named Virginia Rising Stars.

June 21, 2010 - Section 1031 Update - Exchange Facilitators Act is effective July 1, 2010, by John Anderson

June 19, 2010 - You may be required to notify your employees of their right to join a union, by Betsy Davis.

June 15, 2010 - Spotts Fain Creditors' Rights lawyers spoke at a Virginia Association of Community Banks Teleseminar on Bankruptcy and Collections. 

May 24, 2010 - Virginia Supreme Court Affirms Circuit Court Decision Confirming Arbitration Award in Dispute Involving a Limited Liability Company, by Andrew Oxenreiter and John Anderson.

May 18, 2010 - Health Care Reform - Priorities for Employers 2010 by Elliot Fitzgerald

May 13, 2010 - Mark With Care: The Rise of § 292 False Patent Marking Lawsuits, by Bob Barrett.

April 23, 2010 - Business people should be aware of the consequences for violating the Foreign Corrupt Practices Act (FCPA).

April 23, 2010 - Bob Barrett presented The $612.5 Million Question: How to protect your intellectual property at the Greater Richmond Chamber.

April 7, 2010 - The Spotts Fain Intellectual Property Team welcomes Bob Barrett to our growing practice group.

April 1, 2010 - We are very pleased to announce that Connell Mullins has been elected a shareholder of the firm and Deborah Fourness has been elected a director. 

January 27, 2010 - We are proud to announce that Spotts Fain Managing Director, Hugh M. Fain, III has been elected Chair of the Board of Governors of the Virginia Bar Association. 
Spotts Fain Consulting