Lawyers / Professionals

 
Bryan A. Fratkin       
Partner
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
T: 804.775.4352
F: 804.698.2100
bfratkin@mcguirewoods.com
 

Mr. Fratkin co-chairs the firm's consumer financial services litigation practice group. He represents consumer financial services clients involved in credit card, banking, and mortgage litigation, alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Equal Credit Opportunity Act, Bankruptcy Discharge Injunction and Stay, Truth in Lending Act, and state law consumer protection statutes. He also represents business clients in disputes that include allegations of fraud, conspiracy, civil RICO and breach of contract.

Examples of his experience include his representation of a national bank in putative class action litigation, where the plaintiffs alleged an unlawful increase in their interest rates on credit cards. In one of the cases, the district court recently ordered that plaintiffs must pay the defense their costs and attorneys' fees.

He represented a large conglomerate in its multidistrict securities litigation. The company was the subject of a well-publicized corporate scandal, and its former CEO and CFO are currently serving prison sentences for securities fraud and grand larceny. In 2005, Mr. Fratkin spent nearly six months as in-house counsel at this company as part of this representation. He has taken or defended more than 35 depositions in connection with this matter.

He represented the largest direct retailer of hardwood flooring in the United States in a multimillion-dollar dispute with one of its vendors over the terms of a purchase agreement. He received a favorable opinion from an arbitrator that the client's interpretation of the contract was correct.

He helped achieve a $2.5 million arbitration award in a proceeding where McGuireWoods represented a subsidiary of a public company that sued its former CEO for breach of fiduciary duty, fraud and conspiracy. The award included more than $1 million in attorneys' fees.

In several cases brought as putative class actions, he has prevailed on motions requiring arbitration on an individual, non-class, basis.


Practices & Industries
Firm Management
  • Co-chair, Consumer Financial Services Litigation

Honors
  • Named a Virginia "Super Lawyer," 2011
  • Named a Virginia Super Lawyers "Rising Star," 2007-2009

Previous Experience
  • Law Clerk, the Hon. Elizabeth Lacy, Supreme Court of Virginia

Publications
Speaking Engagements
  • "New and Emerging Federal and State Enforcement Actions," ACI's 5th National Advanced Forum on Residential Mortgage Litigation & Regulatory Enforcement, CLE Speaker, October 2010
  • "Class Action Arbitration Waivers After Stolt-Nielsen," Strafford Publications, CLE Speaker, August 2010
  • "Arbitration in Flux: How to Enforce Agreements in Today's Climate," ACI 9th Annual Conference on Consumer Finance Class Actions & Litigation, CLE Speaker, January 2010
  • "Class Action Arbitration Waivers Under Attack: Drafting and Defending Employment and Consumer Arbitration Waivers," Strafford Publications, CLE Speaker, July 2009
  • "Maintaining Professionalism and Ethics in Consumer Finance Class Actions & Litigation," ACI 8th Annual Conference on Consumer Finance Class Actions & Litigation, CLE Speaker, January 2009
  • "How to 'Right' a 'Gooder' Brief and Other Helpful Tips for the Legal Writer," Richmond Bar Association, CLE Moderator, October 2004
  • "Non-Competition Agreements and the Antitrust Laws," ABA Section of Antitrust Law, CLE Moderator, July 2004

Professional Affiliations
  • Virginia State Bar
  • American Bar Association
  • Richmond Bar Association
 

EDUCATION

College of William & Mary Marshall-Wythe School of Law, Williamsburg, Virginia, J.D., 1995

  • Recipient, Trial Advocacy Award (Awarded to One Graduating Law Student)

University of Virginia, Charlottesville, Virginia, B.A. Religious Studies, with Distinction, 1992

 
 

ADMITTED

Virginia 1995

U.S. Court of Appeals for the 4th Circuit

U.S. District Court for the Western District of Virginia

U.S. District Court for the Eastern District of Virginia

 

PLACE OF BIRTH

Richmond, Virginia