Nancyellen's practice areas include regulated businesses, administrative law; intellectual property, advertising & sweepstakes and commercial transactions. Representative Experience Regulated Businesses/Administrative Law Provide advice to clients, both in government and private industry, on interpretation of state and federal regulations, especially clients in regulated industries. Complete and file applications to enable client businesses to operate under permits and/or licenses by relevant state and federal agencies; file applications by tobacco product manufacturers to obtain listing on state tobacco directories and to comply with federal laws; draft and review proposals and responses to proposals for the purpose of selling goods and services to governments via procurement law and regulation, including through public/private partnerships. Advise government clients on the application of law and regulation to specific facts. (Experience includes: State and federal tobacco statutes, MSA, Public Procurement Act, Public-Private Educational Facilities and Infrastructure Act, Freedom of Information Act, Conflict of Interests Act, and Ethics in Public Contracting Act). Engage in administrative and litigation practice when required to protect and enforce rights under relevant law and regulation. Represent numerous clients, both government and private industry, in procurement protests and appeals, tobacco administrative practice. Intellectual Property Protect branding; perform company-wide intellectual property and website audits; advise on intellectual property strategies to identify, protect, police and enhance value of intellectual property; prosecute trademarks, service marks, copyrights. Provide advice regarding web strategies including web hosting, ASP, Terms of Use, Privacy Statements, marketing, sweepstakes and promotions. Commercial Transactions Review, draft, and negotiate financing, distribution, manufacturing, broker, purchase, sales, services, consulting, employment, confidentiality, non-competition and other agreements of on-going business operations. Handle numerous transactions involving development, acquisitions, sales and licensing of technology, intellectual property, and large equipment and assets, hardware, software, systems, and services. Litigation Protect and enforce client rights under relevant laws and regulations, manage litigation, avoid litigation when possible. Experience includes the following cases concerning the enforcement of intellectual property rights, appeal of procurement issues: The Mihalek Corp., et al v. The State of Michigan; Sovereign Immunity and Copyright Infringement. Circuit City Stores, Inc., CarMax Auto Superstores Inc., et al v. Carmax Inc.; Trademark Infringement. Dr. Patrick K. Porter et al. v. Positive Life Changes Corporation, et al.; Trademark Infringement and Unfair Competition. MDH Staffing Services v. Commonwealth of Virginia; Virginia Public Procurement Act. COMSYS Information Technology Services Inc. v. Virginia Information Technologies Agency; Virginia Public Procurement Act. International Practice Intellectual Property and Commercial Transactions experience is both domestic and international. Additionally, assist foreign tobacco product manufactures to become qualified to do business and listed to sell products in the United States. Presentations and Speaking Engagements CLE Presenter, "Basics of Tobacco Regulation for the Cigarette Manufacturer", March 31, 2009. "Conducting Business over the Internet," Lorman Conference, Changing Business to E-Buinsess, August 15, 2000. "E-Law in the E-Business Environment," Greater Richmond Technology Council E-Buisiness Conference, October 19, 1999. Publications Co-author, Lewis, Clark H., "A New Tool For Procurement In Virginia - Learning To Use The PPEA," Virginia Construction Journal, April 2006. Author, "Symposium: The Uniform Computer Information Transactions Act: The Future of Software Licensing In Virginia,"University of Richmond Journal of Law & Technology, Fall, 2001. "Uniform Computer Information Transactions Act: Bringing Commercial Law into the 21st Century," University of Richmond Journal of Law & Technology, Fall 2001. Co-author, "Public Procurement Forum-87", Office of the Attorney General of Virginia; also made presentation. Other Distinctions Named to Virginia Business magazine's Legal Elite in Legislative/Regulatory/Administrative Law (2009) Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards Work Experience Of Counsel, Troutman Sanders LLP, 1998 - Present Deputy General Counsel and Director of Legal Services, Circuit City Stores (CarMax Auto Superstores, Inc.), 1997-1998 Assistant General Counsel, Circuit City Stores, 1995-1997 General Counsel, Director of Regulatory Affairs, Assistant Secretary, Tenneco (Albright and Wilson Americas), 1988-1995 Assistant Attorney General of Virginia, 1984-1987 Memberships · Chair, Richmond Bar Association; Corporate Counsel Section, 2001-2002 · Member, Advisory Committee, Virginia General Assembly's Joint Commission on Technology and Science, 2000-2002 · Member, Executive Committee, Richmond Bar Association, Corporate Counsel Section, 1997-2000 · Member, Virginia Bar Association · Member, American Bar Association · Member, Intellectual Property Section, American Bar Association · Member, Virginia State Bar · Member, Greater Richmond Intellectual Property Law Association |