Lewis Powell

Lewis F. Powell III’s litigation practice has ranged from complex intellectual property, commercial, fraud, and antitrust cases; to the nuclear regulatory field and environmental and toxic tort matters; and to telecommunications issues.

He has handled trial and appellate matters in state and federal courts and regulatory agencies in more than 15 states. His most recent experience was serving as lead counsel in two related jury trials in federal court in 2018.

The first was a “bet the company” antitrust and breach of contract case. After nearly three weeks of trial, the jury returned its verdict entirely in favor of our client, finding that the defendant had violated Section 7 of the Clayton Act and awarding our client substantial damages.

Three months later, in a separate trial against the same adversary, which had alleged in a counterclaim that our client had misappropriated nearly 67 trade secrets, the jury rejected nearly all of the allegations.

In other notable cases, Lewis was lead counsel in (i) a five-week trial involving the alleged misappropriation of highly confidential software designs; (ii) a jury trial of a multimillion dollar fraud and breach of contract action; and (iii) the defense of a major national retailer in a product liability suit brought by the parents of a toddler who suffered a catastrophic brain injury in a crib accident.

He also served recently as co-counsel in major appellate litigation before the DC Circuit in cases involving national environmental policy.

He is admitted to practice before the United States Supreme Court; the Fourth, Second, Eleventh, and DC Circuit Courts of Appeal; and the United States District Courts for Eastern and Western Districts of Virginia. He is a regular lecturer on federal civil procedure and litigation in the Eastern District of Virginia.

Experience:

• Regularly defended a major financial services company in consumer class actions and other litigation.
• Retained by major national retailer to handle appeal of runaway defamation verdict.
• Represented substantial public companies in separate RICO actions against labor unions, union executives, and affiliated labor organizations.
• Defended major energy company in complex commercial dispute involving allegations of fraud, conspiracy, and breach of contract.
• Represented a leading US pharmaceutical company in major unfair competition and Lanham Act suit against foreign competitor and defending antitrust counterclaim asserted by domestic competitor.
• Represented lead defendants in Missouri dioxin litigation (eight-month jury trial), Hipps Road groundwater contamination litigation in Florida, and Combustion toxic tort litigation in Louisiana.
• Represented one of country’s largest telecommunications carriers in state administrative and federal court actions in multiple states arising under the Telecommunications Act of 1996.

EDUCATION:

• JD, University of Virginia School of Law, Executive Editor, Virginia Law Review, Raven Society, 1978
• BA, Washington and Lee University, Frank J. Gilliam Leadership Award, ODK President, Student Government (three years), Varsity Football (three years), 1974

BAR ADMISSIONS:

• Virginia

CLERKSHIPS:

• US District Court, Eastern District of Virginia

Memberships:

• Member, Fourth Circuit Judicial Conference
• Member, American Law Institute
• Member, American Bar Association
• Member, Virginia Bar Association
• Member, Richmond Bar Association