Stephen M. Faraci, Sr.

A veteran trial lawyer and trusted business advisor, Mr. Faraci has deep experience as lead counsel on trials and appeals in federal and state courts, in arbitration forums and before federal and state administrative agencies. Clients turn to him for legal and strategic guidance on high-stakes disputes, including contract, real estate, construction and copyright, trademark and trade-secret disputes, as well as on a diverse array of business disputes, including shareholder and partnership disputes, fiduciary-duty and fraud cases. His industry experience is wide ranging.

Recognitions

• Senior Fellow: Litigation Counsel of America
• Virginia Lawyers Weekly, Go To Business Litigation Lawyers (2023, 2025)
• Virginia Lawyers Weekly, Leaders in the Law (2025)
• The Best Lawyers in America^®, Commercial Litigation (2013–2027); Litigation - Banking and Finance (2018, 2021-2027); Construction Law and Litigation - Construction (2021-2027); Corporate Law (2026); Energy Law (2026, 2027)
• Virginia Super Lawyers^®, Business Litigation (2013–Present)
• AV Preeminent^®: Martindale-Hubbell^® Peer Review Ratings™
• Virginia Business Magazine, Civil Litigation "Legal Elite" (2019-2025)
• Law & Politics magazine, "Top 100 Virginia Super Lawyers" and "Top 50 Richmond Super Lawyers" (2015); Business Litigation "Virginia Super Lawyer Rising Star" (2010–2012)

Memberships & Activities

• Member: American Bar Association: Intellectual Property Section
• Member: Virginia State Bar Association: Intellectual Property Section
• Member: Richmond Bar Association
• Member: John Marshall Inn of Court
• National Member: Order of the Barristers
• Past Member: McNeil Law Society (University of Richmond)

Representative Experience

• Defending mining exploration company and its board of directors in consolidated stockholder class action filed in the Delaware Court of Chancery, alleging breach of fiduciary duty and claims company failed to disclose sufficient information in proxy statement (In Re Paramount Gold and Silver Corp. Stockholders Litigation, Consolidated C.A. No. 10499-VCN).
• Defended acquiring companies against allegations of aiding and abetting fiduciary duty arising from financial services merger (Sutton v. CB Financial Services, Inc. in the Baltimore County Circuit Court (Maryland); Malon v. Franklin Financial Corporation, et al. in the United States District Court for the Eastern District of Virginia)).
• Successfully defended a general partner of a partnership against claims for “tax damages” sustained by a partnership. The Supreme Court of Virginia reversed an adverse judgment awarded to the Plaintiffs at the trial court level. (See Little v. Cooke, 274 Va. 697 (2007))
• Successfully defended generic drug manufacturer in multiweek arbitration against claims brought by minority shareholders who sought approximately $42 million in damages for breaches of shareholders agreement relating to securities registration and claims involving product development issues
• Obtained favorable settlement in defense of company acquired by private equity fund and its directors against alleged insufficient disclosures, inadequate price and self-dealing
• Successfully represented a large, national coal company in multiple disputes with land owners over property rights.
• Successfully defended several natural gas producers based in Kentucky against claims brought in the United States District Court for the Eastern District of Virginia, obtaining dismissal of Plaintiff’s claims based on a lack of personal jurisdiction in Virginia. (See Eservices, LLC v. Energy Purchasing, Inc., et al., 2011 WL 1044889 (E.D. Va. Mar. 15, 2011)).
• Successfully defended a prominent Washington, D.C. lawyer sued for defamation, obtaining a dismissal of Plaintiff’s claims upon the pleadings. (See Spencer v. American Intern. Group, Inc., 2009 WL 47111 (E.D. Va. Jan. 6, 2009)).
• Successfully defended a multi-day contract dispute before the United States District Court for the Eastern District of Virginia, Alexandria Division, achieving a jury verdict saving the client in excess of $1 million from Plaintiff’s claims.
• Successfully represented an architect before the Virginia Department of Professional and Occupational Regulation, including representation before an administrative hearing.
• Successfully defended a two-week trust dispute before the Circuit Court for the City of Virginia Beach, substantially prevailing on the client’s behalf.
• Successfully tried multiple construction disputes, substantially prevailing on our clients’ behalf. (See, e.g., James River Iron, Inc. v. Turner Constr. Co., 2004 WL 3001151 (Richmond Cir. Ct. Sept. 30, 2004)).
• Successfully tried multiple insurance coverage disputes, substantially prevailing on our clients’ behalf.

Speaker: "Breaking Up is Hard to Do: The Practical & Legal Considerations of a Business Divorce," the Bar Association of the City of Richmond and CLE Seminar, Richmond, Virginia, October 4, 2017

Presenter: "Witness Examination in Deposition and at Trial," Richmond Bar Association Litigation and Young Lawyers Sections Luncheon , Richmond, Virginia, October 14, 2015 

Presenter: "Managing the Discovery of the Most Challenging ESI Sources," American Bar Association Continuing Legal Education Webinar, June 1, 2015

Speaker: "Minimizing Exposure through Corporate Governance - Best Guidelines for Directors, Officers, and Managers," Fall 2014 USLAW Network Client Conference, San Francisco, California, September 18-20, 2014

Speaker: “The Ins and Outs of Preparing, Taking and Defending Fact and Expert Depositions," Virginia Continuing Legal Education Presentation, October 16, 2013

Speaker: "They Took Your Secrets. Now What?" Fall 2013 USLAW Network Client Conference, Vancouver, British Columbia, October 3-5, 2013

Presenter: "Avoiding Lawsuits: Common Sense Tips From a Trial Lawyer," Central Virginia Electrical Contractors Association, September 10, 2013