Megan's practice focuses primarily on providing advice and support to individuals and corporations responding to regulatory, civil and criminal investigations. She has substantial experience in conducting internal corporate investigations, representing clients in agency investigations, and handling federal and state litigation. Megan has recently handled cases for clients under investigation for government contracting fraud, tax evasion, false claims and money laundering crimes. She also has significant experience litigating and counseling clients in complex litigation and intellectual property matters, including disputes involving patent, trademark and copyright infringement, trade secret violations, unfair competition and breach of contract and business torts. Her practice includes civil litigation in state and federal court at both the trial and appellate level.
Megan provides ongoing analysis and commentary on developments in intellectual property law, with a focus on Virginia. Please visit her Virginia IP Law blog at http://www.virginiaIPlaw.com.
Representative Experience
White Collar & Government Investigation Cases
Represented national manufacturer of military equipment in government contracting fraud investigation conducted by the Department of Criminal Investigative Services.
Represent suppliers in connection with military procurement fraud investigation.
Represented tobacco product manufacturer in connection with criminal investigation of tax avoidance.
Intellectual Property Cases
Representing hardwood flooring retailer in trademark and trade dress infringement action against competitor. Lumber Liquidators, Inc. v. Stone Mountain Carpet Mills, Inc., Civil Action No. 3:08cv573 (E.D. Va. 2008).
Represented data provider in defense of claims based upon alleged misuse of proprietary information used in direct mail marketing campaigns. Obtained dismissal of state court unfair trade practices claim, summary judgment on all remaining claims, and award of attorneys' fees and costs totaling $781,874. Corinthian Mortgage Corp. v. ChoicePoint Precision Marketing LLC, Civil Action No. 1:07cv832 (E.D. Va. 2008).
Defended major baby stroller company in defense of trade dress infringement claims. BOB Strollers, Inc. v. Baby Jogger, LLC, Civil Action No. CV07-263 (D. Idaho).
Defended a major software development company in patent infringement action involving patents for electronic sourcing and procurement systems. ePlus, Inc. v. SAP AG, Civil Action No. 3:05cv281 (E.D. Va. 2006).
Represented a pharmaceutical company in trademark and trade dress infringement, false advertising and unfair competition action against generic pharmaceutical company. Atley Pharmaceuticals, Inc. v. Brighton Pharmaceuticals, Inc., et al., Civil Action No. 3:06cv301 (E.D. Va. 2006)
Defended major gun manufacturer in trademark, trade dress and patent infringement, and false advertising action relating to military machine guns. Colt Defense, LLC v. Heckler & Koch Defense, Inc., Civil Action No. 2:04cv258 (E.D. Va. 2004).
Represented a major computer software company in anti-piracy trademark and copyright infringement litigation. Microsoft Corp. v. ABC Computers, 4:07cv0051 (W.D. Va. 2007);
Complex Litigation Cases
Represented lender in breach of contract claim against escrow agent and seller. Obtained summary judgment on all claims. Western Capital Partners v. Atlantic Coast Home Builders, Inc., Civil Action No. 2:07cv83 (E.D. Va. 2008).
Defended a non-profit organization in defense of a First Amendment challenge to its faith-based prison initiative. Americans United for the Separation of Church and State, Inc. v. Prison Fellowship Ministries, Inc., et al., Civil Action No. 4:03cv90074 (S.D. Iowa 2006), Appeal No. 06-2741 (8th Cir. 2007).
Represented major financial institution before the Virginia Supreme Court in defense of Uniform Commercial Code and common law claims asserted by corporate customer. Schlegel v. Bank of America, 271 Va. 542, 628 S.E.2d 362 (2006).
Represented localities and individual law enforcement officers in defense of wrongful death suits based on claims of excessive force.
Publications
Co-author with David N. Anthony and Andrea M. Sullivan, "Hiss v. Friedberg: An Exception to the American Rule Barring an Award of Attorneys' Fees," Virginia State Bar Litigation News, Winter 2009.
Co-author with David N. Anthony, "Civil Conspiracy: An Analysis of Common Law and Statutory Business Conspiracy Claims Under Virginia Law," The Virginia Bar Association News Journal, October/November 2008.
Co-author with John West, "Gray v. Rhoads: Doing Indirectly What You Can't Do Directly,” Virginia Lawyer, December 2004.
Speaking Engagements
CLE Presenter, "Electronic Discovery: Emerging Case Law and Amendments to the Federal Rules of Civil Procedure," 2006.