Brett A. Spain

Business Litigation
Brett regularly represents corporate, governmental, and individual clients in all manner of business disputes, including litigation involving contractual rights, M&A transactions, intellectual property, shareholder rights, real estate litigation, theft of trade secrets, defamation and business torts.

• Acted as lead counsel for an international heavy-equipment manufacturer in a multi-year case involving the theft of trade secrets.  After reaching a favorable settlement with one set of defendants, obtained a $121 million default judgment that was upheld in the Virginia Supreme Court and the United States Supreme Court after the defaulting defendant appeared and challenged the judgment.
• Following a week-long trial in Henrico County, forced a highly favorable settlement in a breach of contract action involving the development of commercial property.
• Prevailed in a bench trial on behalf of an attorney challenging the split of a large contingent fee upon the dissolution of the partnership.
• Successfully defended an international aviation company in a week-long arbitration against claims that the company had breached the terms of an M&A agreement.
• Lead counsel for the plaintiff in a ten-day arbitration against Yahoo Sports that resulted in a favorable settlement prior to judgment.

Selected Reported Decisions
Organic Mattresses, Inc. v. Environmental Resource Outlet, Inc., 2017 WL 5665356 (E.D. Va. Oct. 24, 2017) (transfer of trademark claim to Virginia from Florida)
Marble Techs., Inc. v. City of Hampton, 279 Va. 409 (2010) (successful Dillon Rule challenge to local ordinance)
Virginian-Pilot Media Cos., LLC v. Dow Jones & Co., Inc., 280 Va. 464 (2010) (successful challenge to national publication’s attempt to run local legal advertisements)

Municipal Law
Brett regularly advises and represents municipalities and other political subdivisions on a wide variety of municipal law issues and commercial disputes such as disputes over title to property, Freedom of Information Act requests, contract disputes, tax challenges, regulation of traffic, and land use disputes. Brett also regularly assists other lawyers in the firm representing local and regional governmental entities (e.g., cities, counties, and regional authorities and commissions) with analysis and advice on day-to-day issues.

• Prevailed in a bench trial for a local city that resulted in establishing title to land that had been in dispute for over 100 years.
• Successfully defended a city in a week-long bench trial concerning the title to platted, but unused streets.
• Obtained summary judgment in favor of a redevelopment and housing authority against claims brought by a developer.

Selected Reported Decisions
Charlie Norfolk Center Assocs., L.P. v. Norfolk Redev. and Hous. Auth., 285 Fed.Appx. 80 (4th Cir. 2008) (defense of redevelopment and housing authority against developer claims)
John C. Holland Enters., Inc. v. Southeastern Public Serv. Auth. of Va., 273 Va. 716 (2007) (defense of regional waste authority)

First Amendment and Media Law
Brett has represented media clients in all aspects of First Amendment law, including defamation cases, public access to courtrooms and court documents, subpoenas, and search warrants. In addition to core First Amendment work, he has prevailed in bench trials concerning the Virginia Freedom of Information Act for both private clients seeking access to records and on behalf of public entities objecting to access.

• Successfully defended a weekly news and entertainment magazine and obtained a directed verdict after a four-day jury trial on a defamation claim by a member of a county board of supervisors.
• Successfully defended a television station in a defamation action brought by a former school system budget director which resulted in the court granting judgment as a matter of law after the plaintiff rested her case.
• Obtained a defense verdict for a Florida newspaper in a defamation action brought by a prominent local figure.
• Successfully defended a local television station against a defamation claim involving a report over the plaintiff’s arrest.
• Obtained a summary judgment in favor of a local newspaper, upheld by the Virginia Supreme Court, in a case brought by a former member of the local school board.
• After a three-day jury trial, won a directed verdict in a defamation case against a newspaper brought by the owner of a home for mentally challenged adults.

Selected Reported Decisions
Horne v. WTVR, LLC, 893 F.3d 201 (4th Cir. 2018) (upholding dismissal of a defamation claim on a motion for judgment as a matter of law)
Webb v. Virginian-Pilot Media Companies, LLC, 287 Va. 84 (2014) (reversing a defamation verdict and confirming a trial court’s gatekeeping function in defamation claims)
Virginia-Pilot Media Companies, LLC v. Department of Justice, 2016 WL 4265742 (E.D. Va. Aug. 10, 2016) (successful challenge against the FBI under the federal Freedom of Information Act)
Jackson v. Hartig, 274 Va. 219 (2007) (summary judgment in favor of newspaper and its editor upheld)
Davis v. City of Chesapeake, 74 Va. Cir. 367 (Chesapeake 2007) (represented reporter in successful challenge under the Virginia Freedom of Information Act)
Wigand v. Wilkes, 65 Va. Cir. 437 (Norfolk 2004) (successful defense against a Freedom of Information Act claim)

• Law clerk to the Honorable Henry Coke Morgan, Eastern District of Virginia, 1999-2000.