Other legal specialties: Commercial litigation, including shareholder disputes in closely held businesses. Birthplace: Pittsburgh Education: Bachelor’s degree, Allegheny College; law degree, University of Pittsburgh School of Law Spouse: Jacqueline McIntyre Children: Ian, 14; Alex, 11; and Chandler, 6. Hobbies or pastimes: Fishing, reading and occasionally a couple hours of sleep. First job as a lawyer: Law clerk to the Hon. Hal J. Bonney Jr., United States Bankruptcy Court judge. Fan of: Pittsburgh Steelers Favorite vacation spot: The Florida Keys but really anywhere that my family is. Recently read book: “World Order” by Henry Kissinger Career mentors: Judge Bonney, who helped me to understand the bankruptcy process, and Ross Reeves, one of the smartest people I’ve had the privilege to know.
What trends are you seeing in bankruptcy law?
Commercial defaults appear to be trending upward. Unlike the last cycle, these cases do not have their genesis in any unified economic factor. Instead, they appear to be the product of the change in the economy brought about by the last downturn. In addition, with the recent restrictions on lending, more companies have turned to the secondary lending market, where high interest rates and short amortization periods typically guarantee future defaults.
What has been your most challenging or interesting case?
Ford’s Colony — a residential development and country club in Williamsburg. That case had it all: insider litigation, competing Chapter 11 plans and a diverse creditor base — many of whom were also homeowners in the development. Every issue potentially impacted not just the creditors, but also the lives and future plans of hundreds of homeowners.
Other legal specialties: Trials, water resources and local government law Birthplace: Parkersburg, W.Va. Education: Bachelor’s degree, West Virginia University; law degree, University of Virginia School of Law. Spouse: Elizabeth (“Betsy”) Somerville Children: Sons Chris, Tom, David and Stephen Somerville; stepdaughters Amanda Thomas and Stephanie Sale; grandchildren Caleb Thomas, Virginia and Elanor Somerville, and another on the way! Hobbies or pastimes: Running, theater and concerts (mostly jambands, folk and blues). First job as a lawyer: Law clerk to Ruggero J. Aldisert, U.S. circuit judge Fan of: The West Virginia Mountaineers and the Washington Redskins. Favorite vacation spot: New York City Recently read book: “Finding Darwin’s God” by Kenneth R. Miller Career mentors: Judge Aldisert, John F. “Jack” Kay Jr., James C. Roberts
How is appellate law different from other legal specialties?
Trial practice is more personal; appellate practice is more cerebral. Appellate oral arguments are limited; brief-writing requires hours of working with the record and in the library (or its digital equivalent). The briefs are the most important component of appeals. The focus of trial practice is leading the jury or judge to see the facts in a particular way. The focus of appellate practice is the law, and the record is fixed at the trial.
What has been your most memorable case?
It is difficult to identify a single “most memorable” case. If forced to the choice, however, I would select the Episcopal Church property litigation (The Falls Church v. Protestant Episcopal Church). I was a member of a great team of lawyers; the issues were both legal (common law and constitutional law) and factual (more than two centuries of church history); and there were really excellent lawyers on both sides of the case, making it all the more interesting and challenging.
Other legal specialties: Prior to becoming a federal judge, I practiced as a general civil litigator. I developed a maritime practice after I represented the salvors of RMS Titanic. Birthplace: Norfolk Education: Bachelor’s and law degrees, University of Virginia. Spouse: Suzanne, my bride for 48 years. Children: Two sons and two daughters — David; Nora and her husband, Paul, (who have given us two wonderful grandsons); Daniel and his wife, Vanessa; Emma. Hobbies or pastimes: Beach combing on Hatteras Island; travel; reading. First job as a lawyer: I practiced with Gilmer & Dezio, a small firm in Charlottesville, and served as a part-time assistant commonwealth’s attorney before I became an associate at McGuireWoods (back then, the firm was known as McGuire, Woods & Battle) in Charlottesville. Fan of: University of Virginia sports. Favorite vacation spot: Paris Recently read book: “SPQR: A History of Ancient Rome” by Mary Beard. Career mentors: I have been fortunate over the years to have benefited from the advice, guidance and the good ethical example of many older and wiser lawyers and judges, far too many to name. Those of us who have the great fortune of practicing law here in Virginia know that mentoring is always available from older, more experienced lawyers.
How did you become involved in ADR?
Practicing as a litigator for many years, I was always involved in settling cases. However, my first formal experience with ADR came after I was appointed as a magistrate judge in the U.S. District Court for the Eastern District of Virginia. Our court emphasized ADR through the use of settlement conferences handled by the magistrate judges. When I retired, I began my ADR practice with The McCammon Group.
How does experience as a U.S. magistrate judge influence your work in ADR?
In the Eastern District of Virginia, where the celebrated “rocket docket” emphasizes efficiency and expedition, settlement conferences were a prominently featured case resolution tool. I had the opportunity to work closely with counsel to resolve a wide variety of cases, and I learned that ADR is an invaluable way to put an end to litigation, especially because it helps the parties reduce risk, avoid cost and achieve finality.
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R. Johan Conrod Jr.
Kaufman & Canoles Norfolk
David P. Corrigan
Harman Claytor Corrigan & Wellman Richmond
Alan Bruce Croft
McCandlish Lillard Fairfax
Michael Eugene Derdeyn
Lenhart Pettit Charlottesville
Thomas M. Dillon III
Hirschler Fleischer Richmond
George R. A. Doumar
Doumar Martin PLLC Arlington
Lawrence A. “Lex” Dunn
Morris & Morris PC Richmond
Hugh M. Fain III
Spotts Fain PC Richmond
Ryan G. Ferguson
Bischoff Martingayle PC Virginia Beach
Michael J. Finney
Gentry Locke Roanoke
Benjamin B. Fitzgerald
Sevila, Saunders, Huddleston & White PC Leesburg
Calvin W. Fowler Jr.
Williams Mullen Richmond
Terry C. Frank
Kaufman & Canoles Richmond
Randolph Douglas Frostick
Vanderpool, Frostick & Nishanian PC Manassas
Danielle D. Giroux
Harman Claytor Corrigan & Wellman Richmond
Terrence L. Graves
Sands Anderson PC Richmond
Jeffrey H. Gray
Troutman Sanders LLP Virginia Beach
P. Christopher Guedri
Allen, Allen, Allen & Allen PC Richmond
David W. Hearn
Sands Anderson PC Richmond
Jacqueline C. Hedblom
Hirschler Fleischer Richmond
R. Braxton Hill IV
Christian & Barton LLP Richmond
Charles F. Hilton
Wharton Aldhizer & Weaver PLC Harrisonburg
Kevin Walker Holt
Gentry Locke Roanoke
David D. Hopper
Cook, Heyward, Lee, Hopper & Feehan PC Glen Allen
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Walton & Adams PC Reston
Vernon E. Inge Jr.
LeClairRyan Richmond
Helen Jhun
Kalbaugh Pfund & Messersmith Norfolk
Nicholas R. Johnson
Berenzweig Leonard LLP McLean
Kevin L. Keller
Willcox & Savage PC Norfolk
Herbert V. Kelly Jr.
Jones Blechman Woltz & Kelly PC Newport News
Kristi C. Kelly
Kelly & Crandall PLC Fairfax
James B. Kinsel
Protorae Law PLLC Tysons
David B. Lacy
Christian & Barton LLP Richmond
Michael E. Lacy
Troutman Sanders LLP Richmond
John Ralph Lockard
Vandeventer Black LLP Norfolk
Mark D. Loftis
Woods Rogers PLC Roanoke
Robert H. J. Loftus
McCandlish Lillard Fairfax
John C. Lynch
Troutman Sanders LLP Virginia Beach
R. Peyton Mahaffey
McCandlish Lillard Fairfax
Curtis G. Manchester
Kutak Rock LLP Richmond
Margaret M. Marks
Odin, Feldman & Pittleman PC Reston
Lawrence J. McClafferty
McCandlish Lillard Fairfax
Robert W. McFarland
McGuireWoods LLP Norfolk
Henry W. McLaughlin III
Law Office of Henry McLaughlin PC Richmond
Craig Thomas Merritt
Christian & Barton LLP Richmond
E. Stanley Murphy
Dunton Simmons & Dunton LLP White Stone
Kevin P. Oddo
LeClairRyan Roanoke
Stephen D. Otero
Capital One Financial Corp. Henrico
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Williams Mullen Richmond
W. Benjamin Pace
Williams Mullen Richmond
Kellam T. Parks
Parks Zeigler PLLC Virginia Beach
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Parrish Snead Franklin Simpson PLC Fredericksburg
Elizabeth Guilbert Perrow
Woods Rogers PLC Roanoke
J. Bryan Plumlee
Poole Brooke Plumlee PC Virginia Beach
William B. Porter
Blankingship & Keith PC Fairfax
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McGuireWoods LLP Washington, D.C.
Eric G. Reeves
Moran Reeves Conn PC Richmond
Glen M. Robertson
Wolcott Rivers Gates Attorneys at Law Virginia Beach
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Gentry Locke Roanoke
Richard S. Samet
FloranceGordonBrown, A Professional Corporation Richmond
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Wolcott Rivers Gates Attorneys at Law Virginia Beach
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Sands Anderson PC McLean
Cullen D. Seltzer
Sands Anderson PC Richmond
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LeClairRyan Richmond
Yama A. Shansab
Ferguson Walton & Shansab PLLC Reston
Nicholas F. Simopoulos
Office of the Attorney General Richmond
Charles M. Sims
O’Hagan Meyer Richmond
Hunter W. Sims Jr.
Kaufman & Canoles Norfolk
Randy D. Singer
Singer Legal Group Virginia Beach
James C. Skilling
Williams & Skilling PC Richmond
Michael W. Smith
Christian & Barton LLP Richmond
Brett A. Spain
Willcox & Savage PC Norfolk
W. Edgar Spivey
Kaufman & Canoles Norfolk
Christopher W. Stevens
Woods Rogers PLC Roanoke
Mark Douglas Stiles
Virginia Beach City Attorney’s Office Virginia Beach
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Hunton & Williams LLP Norfolk
Brian Kraig Telfair
Spencer Shuford LLP Richmond
Stephen G. Test
Williams Mullen Virginia Beach
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Reed Smith LLP Richmond
Christopher J. Toepp
Allen, Allen, Allen & Allen PC Richmond
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Hirschler Fleischer Tysons
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McCandlish Lillard Fairfax
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ThompsonMcMullan PC Richmond
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Ventker Henderson PLLC Norfolk
Robert Richardson Vieth
Hirschler Fleischer Tysons
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Morris & Morris PC Richmond
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Jones Blechman Woltz & Kelly PC Newport News
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Harman Claytor Corrigan & Wellman Richmond
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Law Office of Dennis J. Whelan Richmond
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Whitlow & Youell PLC Roanoke
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Christian & Barton LLP Richmond
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Zelnick & Erickson Woodbridge
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Glenn Feldmann Darby & Goodlatte Roanoke
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