Hugh M. Fain, III

Attorney, Shareholder

Hugh Fain has been a litigator and dispute resolver for over forty years. With broad experience as a civil trial attorney, his practice has focused on commercial and business litigation. Hugh is licensed in both Texas and Virginia.

Hugh has tried cases and resolved disputes involving multi-million dollar contract breaches, corporate governance, preservation of intellectual property rights, business tort claims, employment discrimination claims, construction and real estate litigation, trust and estates litigation, and shareholder, membership, or partnership disputes. He understands the mechanics of a business dispute and the disruption that prolonged legal proceedings bring to companies and to the executives who lead them. He also understands the importance of assessing the risks and rewards associated with resolving business disputes, whether inside or outside of the courtroom.

Hugh tries cases in both state and federal trial courts. He has argued cases before the Virginia Supreme Court, the Virginia Court of Appeals, and federal circuit courts of appeal. Hugh also has experience handling matters and trying cases before administrative agencies, including the Virginia State Corporation Commission.

Hugh is Past President of the Virginia Bar Association and Past President of the Bar Association of the City of Richmond. He has been named by his peers in Chambers USA and Best Lawyers in America in four categories; Bet-the-Company Litigation, Commercial Litigation, Employment Litigation, and Intellectual Property Litigation. Hugh is a Fellow of the Virginia Law Foundation. He currently serves as a Commissioner in Chancery for the Henrico County Circuit Court.

Education

  • University of Virginia School of Law (J.D., 1983) Raven Society
  • Virginia Military Institute (B.A., Economics, with distinction, 1980)

Professional Associations and Memberships

  • Virginia Bar Association
    • Past President
  • Richmond Bar Association
    • Past President
  • VMI Board of Visitors
    • Member, July 2017-present
  • VMI Foundation, Inc.
    • Past President
  • VMI Alumni Association, Inc.
    • Past President
  • Innsbrook Rotary Club
    • Past President

Honors and Awards

  • Virginia Lawyers Weekly Hall of Fame, 2024
  • Virginia Super Lawyers for Business Litigation 2006 - 2024
    • Top 100 Virginia, 2012-2018; 2021-2024
    • Top 50 Richmond, 2012-2018; 2021-2024
    • Top 50 Virginia, 2009
  • Best Lawyers in America, Lawyer of the Year 2021 and 2023 for Bet-the-Company Litigation in Richmond, Virginia
  • Best Lawyers in America 2010-2024 for Bet-the-Company Litigation, Richmond, Virginia
  • Best Lawyers in America 2008-2024 for Commercial Litigation, Richmond, Virginia
  • Best Lawyers in America 2011-2024 for Litigation - Labor and Employment, Richmond, Virginia
  • Best Lawyers in America 2011-2024 for Litigation - Intellectual Property, Richmond, Virginia
  • Virginia Business magazine's Legal Elite 2003 - 2023 for Civil Litigation
  • Chambers USA 2014-2023 for Litigation (Virginia)
  • The Virginia Bar Association's 2016 Walker Award of Merit
  • Virginia Lawyers Weekly's Leaders in the Law 2014
  • Rated AV Preeminent by Martindale-Hubbell

Classes/Seminars Taught

  • Essentials of Initial Pleadings, 2024
  • Faculty, Virginia State Bar Harry L. Carrico Professionalism Course, 2013-2016
  • Backpack to Briefcase, 2014
  • The Ins and Outs of Preparing, Taking and Defending Fact and Expert Depositions, 2013
  • Ethical and Other Considerations in Business Divorces, 2012
  • Best Practices in Circuit Court: An Interactive Judges' Forum for Richmond Area Litigators, Moderator, 2012
  • Difficult Depositions, 2009
  • Best Practices in Circuit Court: An Interactive Judges' Forum for Richmond-Area Litigators: Pleadings, Practice, Discovery, and Expert Witnesses, 2009
  • Recovering Attorneys’ Fees in Commercial Litigation, 2000.

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