Alan D. Albert
Offices: Wilmington | Richmond | Norfolk
- Professional Overview
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters.
Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six distinct categories – in particular, business litigation, white-collar criminal defense, intellectual property litigation, patent and trademark litigation, trademark law, and governmental relations. He was named by Best Lawyers as its Patent Litigator of the Year for 2013, and its Intellectual Property Litigator of the Year for 2014, in the Hampton Roads region. He has also been recognized in many other compilations of leading legal practitioners, including Super Lawyers and Virginia Business magazine’s annual compilation of the “Virginia Legal Elite.”
Mr. Albert is a frequent lecturer and commentator on legal and governmental topics including civil and criminal procedure, evidence, environmental law and land use, election and campaign finance law, and public finance. His writings on law, government and public policy have appeared in journals including the Harvard Law Review, the Harvard International Law Journal, and the Harvard Political Review, as well as in newspapers and news magazines in the United States and the United Kingdom. He has co-authored books on environmental law, land use, and public finance including the Virginia Environmental Law Handbook.
In the public and civic sphere, Mr. Albert has served as a top policy and legal adviser to a Virginia governor, the executive director of a state political party, general counsel to numerous campaigns, and as chairman and a longtime member of Virginia’s Board of Conservation and Recreation, which oversees Virginia’s award-winning state park system and conservation programs throughout the Commonwealth. He also has served as a board leader for arts and cultural institutions, including the Virginia Opera, the Virginia Symphony, Virginians for the Arts, and CREATOrS, a nonprofit he recently co-founded with the goal of identifying and bringing to artistic realization compelling stories from contemporary political and social life.
Intellectual Property Litigation
Recovered, through aggressive declaratory judgment action, legal rights of former world heavyweight boxing champion to his life story, clearing obstacles to production of 2001 Academy Award-nominated feature film Ali. Muhammad Ali v. Muhammad Ali Productions, Inc. (E.D. Va. 1999).
Represented generic drug manufacturer in striking down six issued patents on one of world’s top ten revenue-producing drugs. Geneva Pharmaceuticals v. GlaxoSmithKline, 213 F. Supp. 2d 597 (E.D. Va. 2002) and 189 F. Supp. 2d 377 (E.D. Va. 2002), aff’d, 343 F.3d 1373 (Fed. Cir. 2003).
Obtained defense summary judgment in Lanham Act false advertising claims asserted against NASA high technology contractor by competitor. Tao of Systems Integration, Inc. v. Analytical Services & Materials, Inc., 330 F.Supp. 668 (E.D. Va. 2004), aff’d, 141 Fed. Appx. 129 (4th Cir. 2005) (per curiam).
Obtained defense summary judgment on alleged patent infringement of transceiver utilized in provision of digital subscriber line (DSL) broadband service. Bell Atlantic Network Services, Inc. v. Covad Communications Group, Inc., 92 F. Supp. 2d 483 (E.D. Va. 2000).
Secured judicial reversal of adverse decisions of Board of Zoning Appeals denying approval for wireless telecommunications towers in chronically underserved area. Verizon Wireless v. Board of Zoning Appeals (James City Cir. Ct., 2010).
Obtained multimillion-dollar settlement for independent television station in multistate construction litigation arising out of collapse of nearly 1000-foot-tall broadcast antenna tower during construction.
Represented numerous principals in closely-held entity control disputes, including shareholder squeeze-outs, partnership dissolutions and dissenters’ rights disputes.
White-Collar Criminal Defense
Secured dismissal at conclusion of government’s evidence of 31-count bank fraud case against bank president and sitting state senator, and largest award in history of attorneys’ fees against the United States for vexatious prosecution. United States v. Holland, 34 F. Supp. 2d 346 (E.D. Va. 1999) and 48 F. Supp. 2d 571 (E.D. Va. 1999), aff’d, 214 F.3d 523 (4th Cir. 2000).
Obtained from SEC favorable civil resolution of securities fraud claims arising out of nationwide trading practices relating to demutualization of savings institutions.
Won reversal of felony public record forgery conviction of sitting state court judge. Campbell v. Commonwealth, 14 Va. App. 988, 421 S.E.2d 652 (Va. Ct. App. 1992) (en banc).
Defended dozens of professionals, including physicians, securities broker-dealers, banking officials, real estate professionals and governmental officials in federal and state investigations, grand jury proceedings and criminal prosecutions.
- Practice Areas
- Education and Admissions
- Harvard Law School, J.D. cum laude 1985
- University of Oxford, M.Phil., Politics, 1981
- Harvard College, A.B. magna cum laude, 1979 (Government & Economics double concentration)
- Member in good standing, Delaware Bar
- Member in good standing, Virginia Bar
- Member of the Bar of the following United States Courts
- Supreme Court of the United States (2005)
- United States Court of Appeals for the Federal Circuit (2003)
- United States Court of Appeals for the Fourth Circuit (1989)
- United States Court of Appeals for the Eleventh Circuit (2011)
- United States District Court for the District of Delaware (2017)
- United States District Court for the Eastern District of Virginia (1989)
- United States District Court for the Western District of Virginia (2008)
- United States Bankruptcy Court for the District of Delaware (2017)
- United States Bankruptcy Court for the Eastern District of Virginia (1991)
- United States Bankruptcy Court for the Western District of Virginia (2008)
- Admitted pro hac vice in a number of other courts, including federal district courts in
California, New Jersey and North Carolina, and state courts in Florida.
- Registered Representative before the Internal Revenue Service (CAF No. 2606-06506R)
- Delaware certified Superior Court mediator, Delaware certified arbitrator (including labor
& employment certification).
- News, Honors, Publications & Speeches
- Martindale-Hubbell AV Preeminent rating (Peer rating 5.0 out of 5.0)
- Fellow, Virginia Law Foundation
- Fellow, American Bar Foundation
- Listed continuously for the past 23 years in The Best Lawyers in America®; presently listed in seven categories (Commercial Litigation; Criminal Defense: White-Collar; Government Relations; Litigation - Environmental; Litigation - Intellectual Property; Litigation - Patent, Trademark Law)
- Named Best Lawyers 2013 Norfolk Litigation - Patent Lawyer of the Year, and 2014 Norfolk Litigation - Intellectual Property Lawyer of the Year
- Named to Virginia's "Legal Elite" by Virginia Business magazine in multiple categories over past two decades, including Business Litigation, Criminal Defense, and Administrative Law
- Virginia Business magazine's featured lawyer in Criminal Law for the 2012 Virginia Legal Elite