Lawyer Bio : Virginia Whitner Hoptman

Virginia's trial and appellate practice focuses on complex business cases in federal and state courts, including claims of trade secret and other intellectual property misappropriation, patent infringement, breach of non-compete and nondisclosure agreements, breach of fiduciary duty, violation of federal banking statues and regulations, and breach of commercial and construction contracts. She represents clients in a variety of industries, including software technology, telecom, pharmaceuticals, consumer finance, and higher education. Virginia achieves success for her clients by providing a unique combination of strategic legal advice and practical solutions to companies facing a variety of complex business disputes.

Virginia brings to her practice substantial experience on issues of federal preemption, constitutional law, and appellate and U.S. Supreme Court practice, as well as a keen understanding of mediation and other alternative dispute resolution techniques, having both taught in these fields for several years at George Washington University Law School and served as law clerk to Justice Thurgood Marshall of the U.S. Supreme Court and Chief Judge Collins J. Seitz of the U.S. Court of Appeals for the Third Circuit. She has also developed experience in electronic discovery, including matters relating to document preservation and retention, litigation holds, spoliation, and preservation of the attorney-client privilege.

Virginia’s representative recent matters include having:

• Successfully challenged recent HUD regulations prohibiting seller-funded downpayment assistance in federal district court in Washington, D.C. 
• Won a unanimous decision in the U.S. Court of Appeals for the Fourth Circuit, upholding an injunction in favor of a radio station’s enforcement of a non-compete covenant against First Amendment and federal preemption challenges, 
• Won summary judgment in the U.S. District court for the Eastern District of Virginia on behalf of a residential mortgage banking company, dismissing claims of violations of TILA and Regulation Z 
• Won partial summary judgment and favorably settled a multi-party case on behalf of an established technology company against claims of trade secret theft, copyright infringement, and business conspiracy in federal district court in Washington, D.C
• Filed an amicus brief on behalf of the U.S. Chamber of Commerce in the first Sarbanes-Oxley whistleblower retaliation case in the Fourth Circuit 
• Won a spoliation motion and request for adverse inferences, which led to successful settlement on behalf of a mortgage banking company in Virginia state court action alleging business conspiracy, breach of fiduciary duty, and other claims against multiple former employees and their newly formed mortgage banking company
• Won dismissal of one party and successfully negotiated a complex multi-party settlement on behalf of an intellectual property company against claims of fraud, conspiracy and breach of fiduciary duty in connection with the purchase of its patent portfolio brought in New York Supreme Court 
• Provided strategic counseling on complex cases in the U.S. Supreme Court, numerous federal courts of appeals, and the Virginia Supreme Court for clients and attorneys, including petitions for certiorari, review of briefs, and preparation for oral argument 
• Handled numerous appeals in the United States Courts of Appeals for the D.C., 4th, and Federal Circuits on issues involving patent infringement, jurisdiction and preemption challenges, commercial arbitration, commercial contract and constitutional disputes 
• Developed and implemented strategy for major competitive telecommunications carrier raising complex claims and challenges simultaneously before the regulatory commissions of nine states

Virginia also serves as Vice-Chair of the firm’s Diversity Committee and chairs the Public Education Committee for the Just the Beginning Foundation 2008 Diversity Conference. She was one of 35 attorneys named among the "Greater Washington Legal Elite" by Washington SmartCEO magazine. Additionally, she serves as a member of the Constitutional and Administrative Law Advisory Committee of the National Chamber Litigation Center, providing support to companies in landmark cases in the U.S. Supreme Court and federal and state courts nationwide.