Representative Experience
In the United States Supreme Court, William has appeared on brief (both party and amicus) in more than 30 cases, serving as principal author of the brief in more than 20 cases. He has personally argued three cases before the U.S. Supreme Court, including two cases involving the First Amendment and one involving federal special education law.  Altogether he has appeared on brief in more than 100 appellate cases and has argued more than 30 cases before federal and state appellate courts.

Successfully argued on behalf of internet protocol television company in (a) opposing attempt by municipality to shut down television service and (b) referring dispute to Federal Communications Commission.

Represents state university in assertion of sovereign immunity as defense to lawsuit alleging breach of contract and patent infringement.

Co-counsel in successfully defending constitutionality of state dealer protection law against challenge under federal Commerce Clause (2006).

Lead counsel in statewide election recount for Attorney General of Virginia, Robert F. McDonnell (2005).

Represented parents in Schaffer v. Weast, 546 U.S. 49 (2005) (allocating burden of proof at administrative hearings under federal special education law).

Represents and advises parents on legal rights involving disputes with local school divisions.

While in the Office of the Attorney General of Virginia, he provided representation in a wide variety of issues, including the following:

Argued successfully before U.S. Supreme Court in two First Amendment cases: Virginia v. Black, 538 U.S. 343 (2003) (upholding state statute that prohibits cross-burning with intent to intimidate) and Virginia v. Hicks, 539 U.S. 113 (2003) (upholding public housing project trespass policy).

Supervising attorney in successful U.S. Supreme Court original jurisdiction case brought by Virginia to establish its right to build improvements into the Potomac River and withdraw water from the river. Virginia v. Maryland, 540 U.S. 1101 (2004).

Lead counsel in successful defense of major Virginia statutes, including “minute of silence” law, parental notice law, and law prohibiting use of state computers for sexually explicit material.

Lead counsel in major election law cases, including successful defense of referenda on state constitutional right to hunt and fish and regional sales tax issues. Participated in successful defense of legislative re-districting.

Lead counsel for Virginia in successfully defending federal law that prohibits the District of Columbia from imposing income tax on non-residents working in the District. Lead counsel in successfully defending statutory reduction of personal property tax against court challenge.

Lead counsel for Virginia in matters relating to the Jack Kent Cooke Foundation, a multi-million dollar charity created by the will of the late business leader. Provided representation on issues relating to challenge of the will, sale of the Washington Redskins football team, and mediation of dispute over executors’ fees, resulting in savings of more than $20 million in fees for the charity.

Lead negotiator in successful effort to stop ill-advised sale of daily newspaper by charitable trust, resulting in a new sale that doubled the purchase price from $19 million to $38 million.

Lead negotiator for Virginia Attorney General in developing landmark agreement between Virginia and U.S. Department of Education, Office for Civil Rights (OCR). OCR gives a clean bill of health to Virginia’s formerly white institutions of higher education, finding no vestiges of discrimination, and Virginia undertakes additional enhancements of two historically black institutions.

Lead negotiator for Virginia in developing agreement with U. S. Department of Justice, successfully resolving civil rights investigation of four troubled mental health/mental retardation facilities, while spurring improvements in patient care. Settlements won praise from federal judge and families of patients.

Lead counsel for Virginia in special education case, securing right of States to discipline students for misconduct unrelated to their disabilities (Virginia Dep’t of Education v. Riley, 106 F.3d 559 (4th Cir. 1997)).

Presentations and Speaking Engagements
Addressed the United States Commission on Civil Rights, "Racial Discrepancies in Special Education" (2007).

Addressed Conference of Western Attorneys General on implications of U.S. Supreme Court decision using federal Commerce Clause to strike down state laws granting preferences for in-state wineries (2005).

Addressed LRP National Conference on special education issues from parents’ perspective, including debate over interpretation of amendments to federal statute and proposed federal regulations (2006).

Addressed “Call to Action” – a statewide meeting of special education advocates – on legislative issues in upcoming session of Virginia General Assembly (2006).

Testified before Virginia Senate committee on legislation to enhance rights of parents in special education cases (2006).

At the request of the National Association of Attorneys General(“NAAG”) moot court project, Mr. Hurd has provided advice to attorneys arguing cases before the United States Supreme Court in a variety of matters, and he has participated in programs on Supreme Court practice sponsored by the Bill of Rights Law Institute at the Marshall-Wythe Law School, College of William & Mary.

Publications
Author, "The Virginia Supreme Court:  Court of Error or Court of Law?"  Litigation News (Virginia State Bar) (Winter 2008).

Co-author with Siran S. Faulders, “Autism, the IDEA and Recent Developments in Virginia,” Critical Issues in Education Law and Policy (Commonwealth Educational Policy Institute, Virginia Commonwealth University) (April 2007).

Co-Author, Davenport, Bradfute W., " Dealer Protection Statutes Level the Playing Field for Heavy Equipment Dealers," Equipment Leasing Newsletter, August 2006.

Co-Author, Federalism and Separation of Powers: The Federalism Aspect of the Establishment Clause, ENGAGE, Vol. 5, Issue 2 (2004) an analysis of how the Establishment Clause protects the discretion of States from congressional interference on those questions of religious accommodation not governed directly by the Constitution.

Author, Gone With the Wind? VMI’s Loss and the Future of Single-Sex Public Education, 4 DUKE J. OF GENDER LAW & POLICY 27 (1997), an analysis of how public, single-sex education (e.g., all-girl math classes) may be defended after the Supreme Court decision striking down the all-male policy at Virginia Military Institute.

Editor, Guidelines Concerning Religious Activity in the Public Schools, a widely-acclaimed document guaranteeing religious liberty and freedom of expression to Virginia public school students, adopted in 1995 by the Virginia State Board of Education.