Virginia's practice includes the representation of clients in federal and state court, both at the trial and appellate level. Virginia focuses her practice on the areas of complex litigation and business disputes, financial services litigation, and consumer litigation.
Specifically, her practice includes litigation of as well as counseling businesses to help them comply with the myriad of growing laws in the consumer law and financial services fields, with a particular emphasis on the many "alphabet soup" federal consumer protection statutes such as the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.
Before joining the firm, Virginia served as a judicial law clerk to the Honorable R. Terrence Ney, 19th Judicial Circuit, Fairfax, Virginia.
Virginia provides ongoing analysis and commentary on developments with regard to the Consumer Financial Protection Bureau through Troutman's CFPB Report blog at http://www.cfpbreport.com/.
Representative Experience
Complex Litigation
Counsel for a roll-your-own tobacco machinery manufacturer with regard to federal regulations issued by the U.S. Treasury Department.
Counsel for government security and defense contractor in patent infringement action against competitors. Successfully defended against motion to transfer venue for lack of jurisdiction. Ashbury International Group, Inc. v. Cadex Defense, Inc., 2012 U.S. Dist. LEXIS 134878 (W.D. Va. Sept. 20, 2012).
Counsel for college in federal district court seeking permanent injunction against accrediting body for violations of due process and the Higher Education Act of 1965.
Represented plaintiff in a successful § 1983 civil rights action alleging malicious prosecution.
Counsel for national banking institution in state court for claim of defamation.
Counsel for regional banking corporation in state court in shareholder derivative suit.
Financial Services Litigation
Counsel for national banking institution in Truth in Lending Act ("TILA") and Real Estate Settlement Procedures Act ("RESPA") in federal court. Successful in moving to dismiss case with prejudice. Burkhead v. Wachovia Home Mortg., No. 3:12cv832-JAG, 2013 U.S. Dist. LEXIS 55360 (E.D. Va. April 15, 2013).
Counsel for national banking firm in mortgage litigation case; successfully dismissed a case with prejudice on 12(b)(6) motion.
Counsel for national automobile lender in FCRA suit.
Counsel for national take-out and delivery pizza restaurant chain in a TCPA putative class action; successful in having class dismissed.
Counsel for national banking institution in mortgage servicing case in state court. Successful in having the case dismissed with prejudice on demurrer and plea in bar. Successful in defending case on appeal, with case dismissed on procedural grounds.
Counsel for national collections agency in multiple suits in state court for claims of violation of the Fair Debt Collection Practices Act (FDCPA) and abuse of process.
Counsel for national debt collection agency in federal court for class-action asserted under § 1692 of the Fair Debt Collection Practices Act (FDCPA).
Counsel for national collections agency in federal court for putative class action for alleged violation of the Fair Debt Collection Practices Act (FDCPA) with regard to collection of garnishment costs in post-judgment collection efforts.
Counsel for national collections agency in multiple suits in federal court for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
Counsel for national banking firm in federal court for putative class action for alleged violations of the Telephone Consumer Protection Act (TCPA) and a common law claim of invasion of privacy.
National counsel for Fortune 200 banking institution with regard to numerous claims asserted under the Magnuson-Moss Warranty Act, FTC Holder Rule, and various state consumer protection statutes in Virginia, Nevada, Michigan, California, Missouri, Ohio, Pennsylvania, New York, and New Jersey.
Education Law
Counsel for several private colleges and universities in connection with regulatory and compliance matters, including accreditation issues, mergers and substantive change transactions, internal audits and reviews, and related matters.
Publications
Co-author, "Top 5 Questions About the CFPB's "Larger Participant Rule," Corporate Counsel, January 14, 2013.
Co-author, "CFPB's Reach Extends To 'Larger Participants' And Beyond," Law360, December 7, 2012.
Contributor, "Annual Case Law Update - Overview of Cases Decided Under 42 U.S.C. § 1983 in 2011 and 2012", LGA Fall Conference October 4-6, 2012.
Co-Author, "Case Study: Soppet V. Enhanced Recovery," Law360, May 31, 2012.
Co-Author, "Extending CFPB Supervision To Nonbanks," Law360, January 6, 2012.
Co-Author, "The CFPB's Authority to Regulate 'Abusive' Consumer Financial Products and Services," published in Bureau of National Affairs (BNA), Securities Regulation & Law Report, December 2011.
Community Service
Associate Liaison to the United Way, 2012-2013
Other Distinctions
Emerson G. Spies Award, Young Lawyers Division, Virginia Bar Association, 2012.
Work Experience
Associate, Troutman Sanders LLP, 2011-present
Diversity Committee (2012-2013)
Memberships
· Federal Bar Association, Richmond Chapter
· Virginia State Bar
· Virginia Bar Association, Young Lawyers Division - Communications Committee, Co-Chair 2012
· Fairfax Bar Association
· Member, Troutman Sanders Diversity Committee 2012-present