Nancyellen Keane

Of Counsel

Richmond
Business Phone: 804.697.1272
Business Fax: 804.698.5140

nancyellen.keane@troutmansanders.com

vCard

Nancyellen Keane’s practice areas include regulated businesses, administrative law; intellectual property, advertising & sweepstakes and commercial transactions.

Representative Matters

  • 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.

    Provide advice regarding web strategies including web hosting, ASP, Terms of Use, Privacy Statements, marketing, sweepstakes and promotions.
  • 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.
  • Litigation 
    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:
    • The Mihalek Corp., et al v. The State of Michigan; Sovereign Immunity and Copyright Infringement.
    • Circuit City Stores, Inc., CarMax Auto Superstores Inc., et al v. Carmax Inc.; Trademark  Infringement.
    • Dr. Patrick K. Porter et al. v. Positive Life Changes Corporation, et al.; Trademark Infringement and Unfair Competition.
    • MDH Staffing Services v. Commonwealth of Virginia; Virginia Public Procurement Act.
    • COMSYS Information Technology Services Inc. v. Virginia Information Technologies Agency; Virginia Public Procurement Act.
  • 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.

Publications

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

Professional Experience

  • 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

PrintPDF

Education

  • University of Richmond, J.D., 1982
  • Sweet Briar College, A.B., 1978

Bar Admissions

  • Virginia

Court Admissions

  • 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