Doug Palais focuses his practice on litigation, arbitration and counseling on behalf of brokers and agents in the securities and insurance industries and on behalf of the legal profession. In addition to appearing as lead counsel in broker/dealer cases and arbitrations throughout the southeastern United States, he has also defended hundreds of insurance agent/broker and legal errors and omissions cases. Doug also handles multi-district litigation matters and has extensive federal and state court jury trial and appellate experience. His expertise includes the defense of a broad range of professional liability and directors & officers liability claims. Doug served as law clerk for the United States Court of Appeals for the Fourth Circuit from 1978-80.
Representative Matters
· Member of the successful trial team in Gross v. Weingarten, et al., a $300 million securities fraud case, resulting in a complete defense jury verdict, (reported in the National Law Journal's "Top Defense Verdicts" of 1998), and affirmed by the U.S. Court of Appeals for the 4th Circuit. Gross v. Weingarten, et al., 217 F.3d 208 (2000);
· Represented London-Market amici in a landmark insurance coverage case. The Maryland Casualty Company v. Armco, Inc., 822 F.2d 1348 (1987);
· Represented an insurance agency in a case of first impression, holding that a consent judgment may be set aside based on the constructive fraud of counsel. Spence-Parker v. The Maryland Insurance Group, 937 F. Supp. 551 (1996);
· Represented, as appellate counsel, a putative class in a securities fraud case. Phillips v. LCI Int'l, Inc., 190 F.3d 609 (1999);
· Represented an insurance agency, resulting in a dismissal of the plaintiff's case, with prejudice, based on discovery abuse. EER Systems Corp. v Armfield, Harrison & Thomas, Inc., and Tri-City Insurance Brokers, Inc., 51 Va. Cir. 84 (1999);
· Represented, as appellate counsel, a financial institution in a securities/bond fraud case. David L. Caudill, et al. v. County of Dinwiddie, et al., 259 Va. 785; 529 S.E.2d 313 (2000);
· Represented a publicly-traded company in one of the country's first Internet anonymity cases. America Online v. Anonymous Publicly Traded Company, 261 Va. 350, 542 S.E.2d 377 (2001);
· Represented an insurance agency in an E&0 case. Transcontinental Insurance Company v. RBMW, Inc., 262 Va. 502; 551 S.E.2d 313 (2001);
· Represented an insurance company in a large tax refund case. GE Life and Annuity Assurance Co. v. United States, 2002 U.S. Dist. LEXIS 10245;
· Represented an automobile manufacturer in the appeal of an adverse administrative ruling, concerning constitutional and statutory issues. Volkswagen of America v. Smit, 689 S.E.2d 679 (Va. 2010), cert. denied, October 4, 2010;
· Represented an ERISA plan, and related entities, in an ERISA benefits case. Sun Trust Bank v. Aetna Life Insurance Company, 251 F. Supp. 2d 1282 (2003);
· Represented a former employer in an action to recover damages and attorney's fees in connection with a former employee's use of trade secrets. The Court ruled that the former employer may recover its contractual attorney's fees despite the jury's finding that it did not suffer any specific amount of damages. Ulloa v. QSP Inc., 271 Va. 72; 624 S.E.2d 43 (2006);
· Represented a Texas-based viatical settlement company in a Commerce Clause challenge to Virginia regulation. Life Partners, Inc. v. Morrison, 484 F.3d 284 (2007), affirming Life Partners, Inc. v. Miller, 420 F.Supp 2d 452 (2006);
· Represented, as appellate counsel, an insurance company seeking to overturn a punitive damages award. Nance v. Kentucky National Insurance Company, 2007 U.S. App. LEXIS 10888 (2007).
Professional Affiliations
Securities Industry and Financial Markets Association, Compliance & Legal Society
Chair of the Civil Justice Committee of the Virginia Chamber of Commerce (2009 - present)
Adjunct Professor, Insurance Law, Virginia Commonwealth University School of Business, 2006 - present
Instructor in Legal Writing, Northwestern University School of Law, 1977 - 1978
Community Involvement
Member, Board of Trustees, The New Community School, Richmond, Virginia
Special Recognition
Selected for inclusion in Virginia Business magazine's "Legal Elite" for Appellate law
Selected for inclusion in The Best Lawyers in America
Selected for inclusion in Virginia SuperLawyers
Articles/Speeches/Presentations
Frequent speaker before industry and bar groups on insurance, regulatory and trial practice issues, including the following:
· Independent Insurance Agents of Virginia, Inc.
· Chartered Property Casualty Underwriters Association
· Virginia Law Foundation
· First, Second, Third and Fourth Andrews International Reinsurance Conference