Alan D. Wingfield

Partner

Richmond
Business Phone: 804.697.1350
Business Fax: 804.698.5172

alan.wingfield@troutmansanders.com

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Alan Wingfield is an experienced business law trial attorney. Alan has represented businesses in many venues; in the last three years alone he has defended in court cases in seven states (Illinois, Maryland, Missouri, North Carolina, Pennsylvania, South Carolina, and Virginia), as well as handling arbitrations arising under the Federal Arbitration Act (FAA).  Alan has particularly extensive experience in the United States District Court for the Eastern District of Virginia, the famed "rocket docket," having handled more than 120 cases in that court alone. Alan’s practice includes counseling to help businesses comply with the myriad and growing laws in the consumer law and financial services fields, with a particular emphasis on the many "alphabet soup" federal consumer protection statutes such as the Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.

Representative Matters

Financial and Consumer Law Litigation

  • Represented banks, broker-dealers, a premium finance company and other entities in the financial service industry in a wide variety of non-consumer arbitration, litigation and disputes, including contract, lender liability, fiduciary liability, UCC negotiable instrument, complex creditors’ rights including judicial sales, mechanic’s liens, trust administration, securities fraud and bankruptcy adversary proceeding litigation.
  • Represented banks of all sizes, mortgage companies, consumer finance companies, credit card issuers, specialized lenders, franchise and independent automobile dealers, an international oil company, and a major staffing agency in defense of, in total, more than 120 consumer law cases, including class actions, alleging a wide range of consumer law claims, including under the Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), Home Owner’s Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA), federal and state Odometer Acts, Expedited Funds Availability Act (EFAA), Virginia Consumer Protection Act (VCPA), other states’ Unfair and Deceptive Act and Practices Acts (UDAP), usury, common law fraud, derivative liability under the FTC Holder Rule, Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code (UCC), among others.
  • Represented the nation’s largest used car retailer in class action litigation challenging sales practices.
  • Represented a national consumer reporting agency in class action litigation challenging fundamental business practices.
  • Represented a top-ten bank and its affiliates in multiple consumer law and other disputes of all sizes .

Counseling and Compliance

  • Counseled the nation’s largest used automobile dealer on numerous state and federal law compliance issues.
  • Counseled a franchise automobile dealer in compliance, transactional document drafting and numerous prelitigation dispute resolutions.
  • Counseled a range of companies, such as a national background investigation company, a national retailer, and a specialized financial services company, on Gramm-Leach-Bliley Act (GLB), Fair Credit Reporting Act (FCRA), Equal Opportunity Credit Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and state analog statutory compliance obligations.

Business Litigation

  • Represented one of the nation’s largest coal producers in multiple contract disputes, including disputes with vendors and with customers under Article 2 of the Uniform Commercial Code (UCC) and the Convention for the International Sale of Goods (CISG).
  • Represented regional mining corporation in shareholder derivative and corporate dissolution litigation brought by minority shareholders.
  • Represented leading local real estate developer in defending dissolution and breach of fiduciary duty claims brought by minority member in a limited liability company.
  • Represented multiple commercial landlords in counseling and litigation regarding tenant defaults, including bankruptcy representation.
  • Represented regional manufacturer in prosecution of patent claims.

Other Representative Activities

Rankings and Recognition

  • AV Preeminent Rating, Martindale-Hubbell Peer Review
  • Named a BTI Client Service All-Star (2011, 2014 and 2016)
  • Selected by Law & Politics as a Virginia Super Lawyer in Consumer Law (2007, 2012-2016)
  • Recognized in The Best Lawyers in America in Commercial Litigation (2013-2014, 2017)
  • Recognized in The Best Lawyers in America in Consumer Law (2017)

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Education

  • Duke University, J.D., 1987
  • University of Missouri-Columbia, A.B., 1981
  • University of Missouri-Columbia, B.J., 1981

Bar Admissions

  • Virginia

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. Bankruptcy Court for the Western District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit