Nancyellen Keane’s practice areas include regulated businesses, administrative law; intellectual property, advertising & sweepstakes and commercial transactions.
- Regulated Businesses/Administrative Law
Advise clients, in government and private industry, on interpretation of state and federal regulations, especially clients in regulated industries. Complete and file applications to enable client businesses to operate under permits and/or licenses by relevant state and federal agencies; file applications by tobacco product manufacturers to obtain listing on state tobacco directories and to comply with federal laws; negotiate with regulators over compliance issues; draft and review proposals and responses to proposals for the purpose of selling goods and services to governments via procurement law and regulation, including through public/private partnerships. Advise government clients on the application of law and regulation to specific facts. (Experience includes: State and federal tobacco statutes, MSA, Public Procurement Act, Public-Private Educational Facilities and Infrastructure Act, Freedom of Information Act, Conflict of Interests Act, and Ethics in Public Contracting Act).
Practice includes daily interaction with State Offices of Attorney General regarding licensing, regulated businesses, regulatory compliance and enforcement matters, procurement protests and appeals. Represent numerous clients, both government and private industry, in procurement protests and appeals, tobacco enforcement.
- Intellectual Property
Protect intellectual property; perform company-wide intellectual property and website audits; advise on intellectual property strategies to identify, protect, police and enhance value of intellectual property; prosecute trademarks, service marks, copyrights.
- Commercial Transactions
Review, draft, and negotiate financing, distribution, manufacturing, broker, purchase, sales, services, consulting, employment, confidentiality, non-competition and other agreements of on-going business operations.
Handle numerous transactions involving development, acquisitions, sales and licensing of technology, intellectual property, and large equipment and assets, hardware, software, systems, and services.
Protect and enforce client rights under relevant laws and regulations, manage litigation, avoid litigation when possible. Experience includes the following cases concerning the enforcement of intellectual property rights, appeal of procurement issues:
- International Practice
Intellectual Property and Commercial Transactions experience is both domestic and international. Additionally, assist foreign tobacco product manufactures to become qualified to do business and listed to sell products in the United States.
Presentations and Speaking Engagements
- Keynote Speaker, "Past, Present and Future of FDA Regulation of Tobacco Products," Tobacco Plus Convenience Expo (TPC), January 30, 2014.
- Panelist, Greater Richmond Chamber’s Entrepreneurial Trilogy, “Beyond the Patent Powerhouse,” February 5, 2013.
- CLE Presenter, "Tobacco Law & Regulation," November 7, 2012.
- Panelist, Food and Drug Law Institute (FDLI) Annual Meeting, Director’s Roundtable, Center for Tobacco Products (CTP), April 24, 2012.
- Panelist, Tobacco Plus Expo, Premium Cigar Panel Discussion, February 1, 2012.
- CLE Presenter, "Basics of Tobacco Regulation for the Cigarette Manufacturer," March 31, 2009.
- "Conducting Business over the Internet," Lorman Conference, Changing Business to E-Business, August 15, 2000.
- "E-Law in the E-Business Environment," Greater Richmond Technology Council E-Business Conference, October 19, 1999.
- Author, "Home-Grown Anti-Cigar Rules," Smokeshop, June 2015.
- Co-author, "Premium Cigars Face Regulation Strangulation under FDA," Smokeshop, October 2014.
- Quoted, “Experts say protecting name, technology key for small businesses,” Richmond Times Dispatch, February 4, 2014.
- Co-author, "The Uncertain Future of E-Cigarette Marketing," Smokeshop, October 2013.
- Quoted, "Cigar Sense - FDA Regulation Preparation," Tobacco Outlet Business, Vol. 16, No. 2, March/April 2013.
- Quoted, “A lesson on due diligence,” Richmond Times Dispatch, February 5, 2013.
- Co-author, Lewis, Clark H., "A New Tool For Procurement In Virginia - Learning To Use The PPEA," Virginia Construction Journal, April 2006.
- Author, "Symposium: The Uniform Computer Information Transactions Act: The Future of Software Licensing In Virginia," University of Richmond Journal of Law & Technology, Fall, 2001.
- "Uniform Computer Information Transactions Act: Bringing Commercial Law into the 21st Century," University of Richmond Journal of Law & Technology, Fall 2001.
- Co-author, "Public Procurement Forum-87", Office of the Attorney General of Virginia; also made presentation.
Professional and Community Involvement
- Chair, Richmond Bar Association; Corporate Counsel Section, 2001-2002
- Member, Advisory Committee, Virginia General Assembly's Joint Commission on Technology and Science, 2000-2002
- Member, Executive Committee, Richmond Bar Association, Corporate Counsel Section, 1997-2000
- Member, Virginia Bar Association
- Member, American Bar Association
- Member, Intellectual Property Section, American Bar Association
- Member, Virginia State Bar
- Member, Greater Richmond Intellectual Property Law Association
Rankings and Recognition
- Named to Virginia Business magazine's Legal Elite in Legislative/Regulatory/Administrative Law (2009)
- Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards
- Of Counsel, Troutman Sanders LLP, 1998 - Present
- Deputy General Counsel and Director of Legal Services, Circuit City Stores (CarMax Auto Superstores, Inc.), 1997-1998
- Assistant General Counsel, Circuit City Stores, 1995-1997
- General Counsel, Director of Regulatory Affairs, Albright & Wilson Americas Inc. (formerly a Tenneco Company), 1988-1995
- Assistant Attorney General of Virginia, 1984-1987
- University of Richmond, J.D., 1982
- Sweet Briar College, A.B., 1978
U.S. District Court for the Eastern District of Virginia
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit