Bryan M. Haynes

Partner

Richmond
Washington, D.C.
Business Phone: 804.697.1420 or 202.274.2884
Business Fax: 804.698.6042

bryan.haynes@troutmansanders.com

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Bryan Haynes devotes his practice to representing businesses in disputes and regulatory compliance matters initiated by governmental agencies, including by state Attorneys General, and in other commercial litigation. Bryan is an accomplished trial lawyer who has served as lead counsel in state and federal courts across the country.

Bryan is a member of the firm's Tobacco Law practice and is focused on representing tobacco manufacturers, distributors, retailers and suppliers in all aspects of their businesses, including regulatory compliance, Food and Drug Administration (FDA) requirements, administrative disputes involving a federal or state governmental entity, commercial agreements and tobacco taxation matters.

Follow Bryan’s ongoing analysis and commentary on developments in tobacco law at http://www.tobaccolawblog.com/.

Representative Matters

Tobacco

  • Advise clients regarding compliance issues arising under legislation granting tobacco regulatory authority to the FDA.
  • Represent electronic cigarette companies with respect to regulatory issues, including issues with the FDA.
  • Representation of tobacco companies in connection with Master Settlement Agreement (MSA) compliance issues, including negotiations with state regulators and litigation in state and federal courts.
  • Advise tobacco product manufacturers and distributors regarding compliance with the Prevent All Cigarette Trafficking (PACT) Act.
  • Represented an entity in the purchase of a tobacco manufacturing business, including advice regarding associated federal and state regulatory issues.
  • Advise clients regarding regulatory issues associated with starting a tobacco manufacturing business.
  • In the course of approximately one year, obtained three preliminary injunctions and/or temporary restraining orders as lead counsel on behalf of tobacco companies in disputes with states and the federal government.
  • Represent tobacco product manufacturers in commercial disputes with distributors. Obtained a $5.2 million judgment on behalf of a cigarette manufacturer against a distributor after a two-day trial. Virginia Brands, LLC v. Kingston Tobacco, Inc., Case No. 4:10CV00009, 2010 U.S. Dist. LEXIS 131116 (W.D. Va. Dec. 10, 2010).
  • Represent tobacco distributors and retailers in tax disputes, including the successful defense of distributors in tax disputes with state Departments of Revenue. Advise tobacco manufacturers and distributors regarding federal and state taxation issues.
  • Represented tobacco company in regulatory dispute with Virginia attorney general. Citland, Ltd. v. Virginia, 45 Va. App. 268, 610 S.E. 2d 321 (2005).
  • Counsel to national trade association in constitutional challenges to state tobacco statutes.

Other Business Litigation

  • Successfully defended an automobile manufacturer in a multi-million dollar ownership transfer dispute, obtaining dismissal of all plaintiffs’ claims and establishing a key judicial precedent regarding the standing of prospective franchisees to sue. Rochester Lincoln-Mercury, Inc. v. Ford Motor Co., 248 F.3d 46 (1st Cir.).
  • Obtained summary judgment for major automobile manufacturer in multi-million dollar dispute with dealership regarding enforceability of release in dealership’s sales and service agreement. Decision was affirmed on appeal. Rochester Ford Sales v. Ford Motor Co., 287 F. 3d 32 (1st Cir.).
  • Litigated numerous commercial and residential real estate disputes, representing developers, builders and landowners.
  • Obtained a declaratory judgment and specific performance on behalf of a purchaser enforcing a $39 million real estate contract involving 1,898 acres in Chesterfield County. Client was also awarded attorneys' fees and costs. Decision was affirmed on appeal to the Virginia Supreme Court. Cangiano v. LSH Building Co., 271 Va. 171, 623 S.E. 2d 889 (2006).
  • Represented the purchaser in a real estate contract dispute. Obtained a judgment in excess of $1 million after a two-day trial. Decision was affirmed on appeal to the Virginia Supreme Court. Ventures Development v. Ashe (Brunswick Cir. 2008).
  • Substantial experience with business tort claims, including tortious interference with contract, trade secret, fraud, and breach of fiduciary duty claims.
  • Substantial experience with disputes regarding the ownership of closely-held businesses.
  • Obtained a pre-filing injunction against a vexatious litigant before the U.S. District Court for the Eastern District of Virginia.
  • Represented an internet website operator in litigation involving the domain name's alleged infringement of the plaintiff's trademark.

News, Publications, Presentations, and Speaking Engagements

Rankings and Recognition

  • Selected as a Super Lawyer in Administrative Law by Law & Politics' Virginia Super Lawyers Magazine (2012 - 2013).
  • Selected as a Virginia "Rising Star" in Business Litigation by Law & Politics' Virginia Super Lawyers Magazine (2007-2011).
  • Selected as Legal Elite by Virginia Business magazine in Civil Litigation (2010) and Legislative/Regulatory/Administrative (2013).

Professional Experience

  • Partner, Troutman Sanders LLP, 2007-Present
  • Associate, Troutman Sanders LLP, 2003-2006
  • Judicial Clerk to The Honorable Diane Gilbert Sypolt, U.S. Court of Federal Claims, Washington, D.C., 1998-1999

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Education

  • George Mason University, J.D., magna cum laude, 1998
    George Mason Law Review
  • Virginia Polytechnic Institute & State University, B.A., 1993

Bar Admissions

  • 1998 Virginia
  • 1999 District of Columbia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Bankruptcy Court for the District of Columbia Circuit
  • Supreme Court of Virginia