Law360 profiled McGuireWoods partner Brian Schmalzbach in an Aug. 11, 2025, story on his selection as a “Rising Star” in appellate litigation.
Schmalzbach earned the recognition after arguing Lackey v. Stinnie before the U.S. Supreme Court last fall — the biggest case of his career to date.
The matter arose from McGuireWoods’ pro bono challenge to Virginia’s since-repealed law that automatically suspended residents’ driver’s licenses for nonpayment of traffic fines and fees. Working with the Legal Aid Justice Center, the team won a preliminary injunction, prompting the reinstatement of licenses for thousands of drivers. Although legislators repealed the law before trial, litigation continued over whether the plaintiffs were entitled to attorneys’ fees as “prevailing parties.”
In 2023, the Fourth Circuit ruled in the plaintiffs’ favor, holding that winning a preliminary injunction can confer prevailing party status. The Virginia Department of Motor Vehicles appealed, and Schmalzbach argued the case before the U.S. Supreme Court on Oct. 8, 2024, representing the drivers and a coalition of civil rights organizations. In February 2025, the high court reversed the Fourth Circuit.
“Everything about that case was fascinating and wonderful,” Schmalzbach said. “Except for the results.”
A self-described “big nerd” with an affinity for puzzles and word games, Schmalzbach said mentoring associates and watching them argue their first appeals provided some of his proudest moments. He said he wouldn’t be where he is today without the guidance and practice his colleagues gave him.
“I’m happy to say that my associates were much better than my first moot,” he said. “But the process of getting them the skills and confidence to be able to stand up and tell three federal judges they’re wrong. … That is always a really meaningful experience to me.”
Looking ahead, Schmalzbach said he sees artificial intelligence reshaping appellate practice but cautioned against overreliance. “I’m a firm believer that there is something irreplaceably human about appellate practice,” he said. “We have to find a balance between AI and still-developing lawyers so they can come up with creative arguments that will persuade human judges.”