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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

  • Listed in Virginia Super Lawyers

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

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

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. 

December, 2009 - Spotts Fain congratulates our shareholders named in the 2009 Legal Elite list published by Virginia Business magazine.  They are Meade Spotts, Legislative/Regulatory; Hugh Fain, Civil Litigation; Betsy Davis, Labor and Employment; and Dana McDaniel, Intellectual Property. 

December 1, 2009 - Sexual Orientation and Gender Identity Discrimination - article by Betsy Davis

October 29, 2009 - Betsy Davis spoke on Recent Changes in Employment Law at the 2009 Annual Meeting of the Virginia Association of Defense Attorneys

October 27, 2009 - Spotts Fain presented, Commercial Landlords and Tenants: Planning for and Dealing with Bankruptcy, presenters were Jen West and John Anderson

October 26, 2009 - Comments on President Obama's proposal to increase lending limits on SBA loans, by Tom O'Brien

October 21, 2009 - GINA is Coming - Genetic Information Nondiscrimination Act - article by Betsy Davis
Spotts Fain Consulting