Stephen M. Faraci, Sr.

Partner, Co-Chair of Litigation Department
blank image Stephen M. Faraci, Sr.
Stephen M. Faraci, Sr.

Stephen M. Faraci, Sr.

PARTNER, CO-CHAIR OF LITIGATION DEPARTMENT
RICHMOND
T: 804.977.3307
F: 804.977.3298

Mr. Faraci is a seasoned trial lawyer whose practice is focused on advising businesses on a wide variety of legal issues, including contract, real estate, construction, and insurance coverage disputes as well as many other unfair business practice disputes. He has experience handling trials and appeals in state and federal courts, various arbitral forums (such as the American Arbitration Association), and state and federal administrative agencies. 

Mr. Faraci represents clients in a broad array of business and industry segments, including the construction, real estate, golf, coal and natural gas, and pharmaceutical industries, among others.

Recognitions

  • Senior Fellow: Litigation Counsel of America
  • Virginia Lawyers Weekly, Go To Business Litigation Lawyers (2023)
  • The Best Lawyers in America®, Commercial Litigation (2013–Present); Litigation - Banking and Finance (2018, 2021-Present); Construction Law and Litigation - Construction (2021-Present)
  • Virginia Super Lawyers®, Business Litigation (2013–Present)
  • AV Preeminent®: Martindale-Hubbell® Peer Review Ratings™
  • Virginia Business magazine, Civil Litigation "Legal Elite" (2019-2023)
  • 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.
INSIGHTS

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 

36 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that thirty-six of its attorneys are listed among the 2024 Super Lawyers and Rising Stars in Delaware, District of Columbia, Maryland, New York, Pennsylvania and Virginia.

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

43 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that forty-three of its attorneys are listed among the 2022 Super Lawyers and Rising Stars in D.C., Kentucky, Maryland, New York, Pennsylvania and Virginia.

Nine Whiteford Attorneys Named Legal Elite by Virginia Business Magazine

Whiteford, Taylor & Preston is pleased to announce that nine of its attorneys have been recognized as Legal Elite-Virginia’s Best Lawyers by Virginia Business Magazine in 2021 including the additional area of Legislative, Regulatory and Administrative. 

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

48 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that forty-eight of its attorneys are listed among the 2021 Super Lawyers and Rising Stars in D.C., Delaware, Kentucky, Maryland, New York, Pennsylvania and Virginia

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.