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EDUCATION Yale Law School, New Haven, Connecticut, J.D., 1977 Yale University, New Haven, Connecticut, B.A., magna cum laude, 1974 ADMITTED Virginia 1977 PLACE OF BIRTH Rochester, New York |
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Thomas E. Spahn
Partner
1750 Tysons Boulevard
tspahn@mcguirewoods.comSuite 1800 McLean, Virginia 22102-4215 F: 703.712.5199 |
Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School. He has practiced as a commercial litigator with McGuireWoods since graduating from Yale. He has tried cases involving such disparate matters as damage to James Madison's birthplace, the experimental nature of autologous bone marrow transplants for treating breast cancer, and easement rights over America's most popular walking and biking path.
He has represented, among other clients: a Central Asian government in proceedings before a Special Court of Inquiry in New Delhi, India investigating the deadliest mid-air collision in aviation history; an automobile manufacturer in connection with America's worst drunk driving accident; a Fortune 500 Company sued in an Alabama class action involving the redemption of non-refundable debentures; and an equipment manufacturer in depositions in Belfast, Northern Ireland.
Mr. Spahn regularly advises a number of Fortune 500 companies on such issues as properly creating and preserving the attorney-client privilege and work product protections when conducting corporate investigations, when hiring outside consultants, when dealing with the government, and during other daily and extraordinary situations. He has assisted in creating and defending privilege logs in many product liability and commercial litigation matters. He also advises in-house counsel on ethics issues, including conflicts of interest, confidentiality, dealing with corporate wrongdoing, and compliance with Sarbanes-Oxley requirements.
Mr. Spahn has written and lectured widely on such topics as effective legal writing, ethics and professionalism, the attorney-client privilege and defamation. Tom has written several editions of a book on the attorney client privilege and the work product doctrine. The latest version is 750 pages long, and is accompanied by a 1,700 page compilation of approximately 10,000 case summaries (all of which Tom prepared). Tom has also written a book on Virginia defamation law; a book on ethics issues facing Virginia in-house lawyers; two other book chapters; and over 50 articles in Virginia and national publications. The ABA's General Practice Section honored Mr. Spahn's article on Litigation Ethics in the Modern Age as one of the "Best Articles Published by the ABA" in 2004.
Since 1988, Mr. Spahn has spoken at more than 700 CLE programs throughout the United States, and in several foreign countries. After personally reading, summarizing, and categorizing all 1,500 Virginia Bar Legal Ethics Opinions, he made his work available to the public online (see Legal Ethics Opinion Summaries).
Mr. Spahn has served on the ABA Standing Committee on Ethics and Professional Responsibility; as the Reporter for the Committee that drafted Virginia’s ethics Rules; as Chairman of the Virginia Bar Association’s Professionalism Task Force; on the Committee that revised Virginia’s lawyer discipline rules; on the faculty for the Professionalism Course that all new Virginia lawyers attend, and as Chairman of the Virginia Judicial Ethics Advisory Committee. He currently serves as Chairman of the Virginia Bar Association Commission on Professionalism; and as a member of the Virginia Bar's Legal Ethics Committee and the Virginia Judicial Ethics Advisory Committee.
He has received the Virginia Law Foundation's highest award for Continuing Legal Education efforts; a special commendation from the Virginia State Bar "in recognition of his outstanding service to the Bar"; the Virginia Bar Association's Walker Award of Merit "in recognition and appreciation of exceptional leadership within the bar"; and one of only 15 awards given to lawyers from the country's 500 largest law firms by the Burton Foundation, which is dedicated to "refining and enriching legal writing by lawyers and law school students."
Mr. Spahn is included in: The Best Lawyers in America and in the Law & Politics' list of "Super Lawyers." He is a Fellow of both the Virginia Law Foundation and the American Bar Foundation (whose membership is limited to one-third of one percent of America's lawyers).
- AV Rated, Martindale-Hubbell
- Named One of the “Best Lawyers in America," Woodward/White, Inc.
- Named One of Virginia's "Legal Elite," Virginia Business Magazine
- Named a Virginia "Super Lawyer," Business Litigation, Corporate Counsel Edition, 2008
- Named a Washington, D.C. and Virginia "Super Lawyer," Law & Politics Magazine
- Virginia State Bar Legal Ethics Opinion Summaries
- The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide (Virginia Law Foundation, 2007)
- "Ethics, Confidentiality and Privilege," Facts & Findings, Vol. XXXIII, Issue 3, pp. 23-25, The Journal for Legal Assistants, National Association of Legal Assistants, November 2006
- "Conflicts, Loyalty, and Ethical Behavior," A Young Lawyer's Guide to Defense Practice, ch. 4, pp. 37-46, The DRI Defense Library Series (Defense Research Institute 2006) (contributing author, Sidney K. Kanazawa)
- "Privilege Under Fire" [Practice Focus: Privilege], Inside Litigation, Spring/Summer 2006, pp. 34-39
- "How Not to 'Write Like a Lawyer,'" The Practical Lawyer, Oct. 2005, Vol. 51, Issue 5
- "A Dangerous Trend" [Practice Focus: Privilege], Inside Litigation, Spring 2005, pp. 30-32
- Civil Discovery in Virginia, ch. 12, "Key Discovery Principles," Second Edition (Virginia CLE Publications, 2005)
- "Litigation Ethics in the Modern Age," 22 GP Solo, 28 (March 2005)
- Corporate Counsel Section, Va. Bar Ass'n, Ethics Guidelines for Virginia In-House Lawyers (Va. Bar Ass'n 2004)
- "Litigation Ethics in the Modern Age," American Bar Association, The Brief, Vol. 33, No. 2, p. 12 (Winter 2004)
- A Practitioner's Guide to the Attorney-Client Privilege and the Work Product Doctrine (Summer 2003 Cumulative Supplement) (Virginia Law Foundation, 2003)
- The Law of Defamation in Virginia, Second Edition (Virginia Law Foundation) (2003)
- "Sarbanes-Oxley and 'Whistleblowing' by Corporate Lawyers--The Untold Story," Corporate Counsel Magazine, Special Advertising Section (March 2003)
- "The New Sarbanes-Oxley Act--Does it Make Any Difference for Lawyers in Virginia?," Virginia Lawyers Weekly, October 21, 2002 (Part One) and October 28, 2002 (Part Two)
- A Practitioner's Guide to the Attorney-Client Privilege and the Work Product Doctrine (Summer 2002 Supplement) (Virginia Law Foundation, 2002)
- “Applicability of Ethics Rules to Recruiting Efforts,” (NALP Bulletin, Washington, D.C.), June 2002.
- “To Serve Clients in New and Better Ways: In Favor of MDPs,” Virginia Lawyer (Vol. 50, No. 9, April 2002)
- A Practitioner's Guide to the Attorney-Client Privilege and the Work-Product Doctrine (Fall 2001 Supplement) (Virginia Law Foundation, 2001)
- A Practitioner's Guide to the Attorney-Client Privilege and the Work-Product Doctrine (Virginia Law Foundation, 2001)
- "Virginia Corporate Directors' Duties -- A Recent History," The Journal of Civil Litigation (Vol. XII, No. 3, 2000)
- "Professionalism & Civility: Lawyer Behavior in State and Federal Courts: Is There a Difference?," The Virginia Bar Association Journal (Vol. XXVI, No. 6, September 2000
- "Defamation" in The Law of Damages in Virginia (contributing author) (Guilford D. Ware, ed. 2000)
- Civil Discovery in Virginia," ch. 12, "Key Discovery Principles" (Virginia CLE Publications, 1999)
- Virginia's Attorney-Client Privilege and Work Product Doctrine, Fourth Edition (Virginia Law Foundation, 1999)
- The Law of Defamation in Virginia (Virginia Law Foundation) (1999)
- Virginia's Attorney-Client Privilege and Work Product Doctrine, Third Edition (Virginia Law Foundation) (1998)
- "Ten Ways to Improve Your Legal Writing," Virginia Lawyer (Vol. 46, No. 5, December, 1997)
- "Ten Differences Between the Work Product Doctrine and the Attorney-Client Privilege", Virginia Lawyer (Vol. 46, No. 3, October, 1997)
- "Special Conflicts of Interest Issues Facing Virginia Insurance Defense Lawyers", The Journal of Civil Litigation (Vol. IX, No. 2, 1997)
- Virginia's Attorney-Client Privilege and Work Product Doctrine, Second Edition (Virginia Law Foundation) (1997)
- Virginia's Attorney-Client Privilege and Work Product Doctrine (Virginia Law Foundation) (1996)
- "Virginia's Witness-Advocate Rule", The Journal of Civil Litigation (Vol. VIII, No. 2, 1996)
- "Blowing the Whistle: A Lawyer's Obligation to Report Another Lawyer's Unethical Conduct", The Virginia Bar Association Journal (Vol. XXII, No. 2, Spring, 1996)
- "A Lawyer's Right to Retain Files -- An Ethics Analysis", The Virginia Bar Association Journal (Vol. XXI, No. 1, Winter, 1995)
- "Protecting and Revealing Client Confidences and Secrets -- An Ethics Guide", Virginia Lawyer (Vol. 42, No. 9, March, 1994)
- "The Ethics of Litigation", The Journal of Civil Litigation (Vol. 5, No. 4, 1994)
- "Applying the Attorney-Client Privilege When Representing Corporations", The Journal of Civil Litigation (Vol. 3, No. 4, 1991)
- "Racketeer? Me?", Across the Board (Vol. XXVIII, No. 10, Oct. 1991)
- "What You Should Know About Commercial Speech" The Practical Lawyer (Vol. 37, No. 6, Sept. 1991)
- "Awareness Is Key: The Attorney-Client Privilege," Trusts & Estates (Vol. 130, No. 2, February, 1991)
- "Commercial Speech," Virginia Lawyer (Vol. 39, No. 7, January, 1991)
- "Plaintiffs Playing Beat the Clock in Product Liability Suits," Pharmaceutical Executive (Vol. 10, No. 9, September 1990)
- "How to Write Right: The Simple, Basic Secrets to Clear Expression," The Shingle (Philadelphia Bar Association Quarterly Magazine) (Vol. 53, No. 2, Spring-Summer, 1990)
- "The Art of Legal Writing," Journal of the National Association of Administrative Law Judges (Vol. 9, No. 2, Fall 1989)
- "Writing Well," Corporate Counsel's Managerial Adviser (No. 64, July 1989)
- "When the CEO Goes to Court," The Corporate Board (Vol. X, No. 6, May/June 1989)
- "Writing Well" (Part Two), Virginia Lawyer (Vol. 37, No. 8, Feb. 1989)
- "Making and Breaking the Attorney-Client Privilege," The Practical Lawyer (Vol. 35, No. 1, Jan. 1989)
- "Writing Well" (Part One), Virginia Lawyer (Vol. 37, No. 6, Dec. 1988)
- Vinson and Slaughter, Products Liability, "The Statute of Limitations Defense" Chapter (Shepard's/McGraw-Hill, Inc. 1988)
- "Legal Body Snatching" ["Depositions of Company Senior Management - How to Prevent or Delay Them"], Across the Board (Vol. XXV, No. 12, Dec. 1988)
- "The Attorney-Client Privilege," Journal of the National Association of Administrative Law Judges (Vol. 8, No. 1, Spring 1988)
- "Back to Basics: The Attorney-Client Privilege," Virginia Bar News (Vol. 36, No. 4, Oct. 1987)
- "Introduction to Civil RICO," The Virginia Bar Association Journal (Vol. XIII, No. 3, Summer 1987)
- "Dealing with the Witness-Advocate Rule," The Practical Lawyer (Vol. 32, No. 7 Oct. 1986)
- "The Witness-Advocate Rule," The Virginia Bar Association Journal (Vol. XII, No. 2, Spring 1986)
- "How to Recognize and Deal with Conflicts of Clients' Interests," The Practical Lawyer (Vol. 31, No. 8, Dec. 1, 1985)
- "Bauer v. Brown: The Reporters' Privilege Comes of Age in Virginia," The Virginia Bar Association Journal (Vol. XI, No. 4, Fall 1985)
- "Judging Potential Conflicts of Interests," Virginia Bar News (Vol. 33, No. 12, June 1985)
- "Libel and Slander in Virginia," The Virginia Bar Association Journal (Vol. X, No. 2, Spring 1984)
- "Libel and Slander in Virginia," University of Richmond Law Review (Vol. 17, No. 4, Summer 1983)
- "Disqualification of Former Government Lawyers," The Virginia Bar Association Journal (Vol. VI, No. 3, Summer 1980)
- American Bar Foundation, Fellow
- American Bar Association Standing Committee on Ethics and Professional Responsibility (Member 2004 - 2006)
- Virginia Law Foundation, Fellow
- Virginia Judicial Ethics Advisory Committee
- Chairman, 2005-Present
- Vice Chairman, 2003-2004
- Member, 2002-Present
- Virginia State Bar
- Standing Committee on Legal Ethics (2004 - )
- Special Committee to Review Procedural Rules Governing Bar Disciplinary Proceedings (Member 2000-2002)
- The Joint Virginia State Bar and Virginia Bar Association Commission on Multidisciplinary Practice (Member 2000-2002)
- Special Committee to Study the Virginia Code of Professional Responsibility (1994-2000, Reporter 1996-2000)
- Faculty, Course on Professionalism (1996-1999)
- Chair, Committee on Publications/ Public Information (1996-2001)
- Virginia Bar Association
- Chair, Professionalism Task Force (1997-2001)
- Digital Archive of the Birth of the Dot Com Era, Advisory Counsel (sponsored by the Library of Congress, and The Robert H. Smith School of Business, University of Maryland) (Member 2005 - )
- Boyd-Graves Conference on Virginia Procedure, 2001-Present
- Former Member, John Marshall Inn of Court
- Richmond Bar Association
- Chair, Committee on Admissions (1987-1988)
- Chair, Committee on Continuing Legal Education (1990-1991)
- Committee on Administration of Justice (1995-1999)
