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Phone: (703)
790-1911 Mr. Scully has practiced with Rees Broome, PC since 1984, concentrating in business torts litigation and general civil litigation. He is listed in Best Lawyers In America 2004-2005, in the category of commercial litigation. Mr. Scully was again named one of the “best lawyers in America” by the editors of the 2006 edition of Best Lawyers in America. |
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Practice Focus Practice focuses on business litigation with substantial experience serving both as plaintiffs’ counsel and defense counsel in business tort cases (i.e., fraud, breach of fiduciary duty, interference with contract, defamation, unfair competition, trade secrets, and trademark infringement). He also has extensive litigation experience in the area of real estate, condominium and construction litigation. He is active in medical and legal professional practice dissolution litigation. He has testified as an expert witness in insurance coverage litigation over attorneys fees incurred in defense of intellectual property claims. He also has testified as an expert witness regarding Virginia legal ethics and Virginia standards of care in legal malpractice cases. Representative Experience Among Scully’s business tort cases, notable ones include: • Represented
the former Executive Vice-President of the largest union-owned life
insurance company in congressional investigations of
officers’ and directors’ alleged misconduct and ensuing corporate
governance and ERISA litigation. Among Scully’s real estate, condominium and construction litigation, notable ones include: • Obtained a declaratory judgment that a condominium developer’s
failure to convert the top three floors of a 23-floor high-rise condominium
into units within the statutory conversion period resulted in those 3
floors becoming permanent common elements. • Obtained an 8 million dollar judgment for extra work and an early completion bonus on behalf of two subcontractors against the general contractor and its payment bond surety on the Dulles Greenway Project. On appeal, the Fourth Circuit, as a matter of first impression under Virginia law, held that “pay- when-paid” conditions in performance and payment bonds must be express and applied the “prevention doctrine” to excuse the “pay-when-paid” condition. Moore Bros. Co. v. Brown & Root, Inc., 207 F.3d 717 (4th Cir. 2000). Scully has been active in professional practice litigation: • Defended a law firm against a suit brought by a departing partner
who claimed to “own” a fifty million dollar contingent fee
case. Education and Background • J.D.
Villanova University School of Law (1979) Bar/Court Admissions • Virginia
(1979) Professional and Civic Involvement • Member,
Virginia State Bar |
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