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Brooks H. Spears Associate

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Brooks litigates complex cases in courts throughout the country, while focusing his practice in the areas of real estate, hospitality, and construction. As an associate with the firm’s Commercial Litigation group, he has experience litigating a broad range of high-stakes claims, including civil RICO, trade secrets, tortious interference, fraud, and breach of contract. Brooks also represents commercial real estate developers in appealing their tax assessments.

Brooks has tried multiple cases to a jury and the court. In his most recent trial, Brooks won a complete judgment for a general contractor while also persuading the court to strike the subcontractor’s counterclaims. In addition to his trial experience, Brooks has been involved in numerous appeals. For example, Brooks drafted the winning brief for a case in which the Supreme Court of Virginia upheld the constitutionality of Virginia’s entry-for-survey privilege for foreign natural gas companies. Before joining McGuireWoods in 2015, Brooks spent two years as a law clerk to the Honorable Irene M. Keeley (Ret.) in the United States District Court for the Northern District of West Virginia.

Experience

  • Lighting Retrofit Int’l, LLC v. Constellation NewEnergy, Inc., 2023 WL 2306962 (D. Md. Mar. 1, 2023) (winning $1.3 million judgment after three-day trial and the striking of counterclaims);
  • JTRE Manhattan Avenue LLC v. Capital One, N.A., 585 F. Supp. 3d 474 (S.D.N.Y. 2022) (winning dismissal of negligent misrepresentation claim);
  • Mosafer Inc. v. Broidy, 2022 WL 793029 (C.D. Cal. Feb. 4, 2022) (winning anti-SLAPP motion to strike all claims, including claim for violation of Foreign Agents Registration Act (FARA));
  • Contractors Ass’n of Am., Inc. v. Hilton Franchise Holding, LLC, 2020 WL 7481771 (D. Del. Dec. 18, 2020) (winning dismissal of fraud and unjust enrichment claims);
  • Puchalski v. TCFC HotelCo, LP, 2020 WL 1891885 (D. Utah Apr. 16, 2020) (defeating motion to compel arbitration);
  • S and V LLC v. Lowe’s Home Ctrs., LLC, 2019 WL 7020259 (N.D. Cal. Dec. 20, 2019) (winning dismissal of claims for breach of real estate covenants);
  • Olin v. Dakota Access, LLC, 2017 WL 4532581 (D.N.D. Oct. 10, 2017) (winning dismissal of fraud and civil conspiracy claims);
  • Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017) (winning appellate decision that Virginia’s entry-for-survey statute for foreign natural gas companies is constitutional);
  • Columbia Gas Transmission LLC v. Tri-State Airport Auth., 2016 WL 1737120 (S.D. W. Va. May 2, 2016) (defeating motion for a new trial after winning complete jury verdict); and
  • Carroll v. O’Dell, 2023 WL 4084497 (N.D. W. Va. June 20, 2023) (winning dismissal of all claims on behalf of pro bono client and victim of human trafficking).

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