Stites & Harbison, PLLC

Robert E. Scully, Jr.

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Bob Scully is a Member based in the Alexandria office, where he is a member of the Business Litigation Service Group. His practice focuses on complex business tort, construction, real property and intellectual property litigation. He has 30 years of trial experience in federal and state courts of Virginia, Maryland, and the District of Columbia.

Mr. Scully is listed in the current edition of The Best Lawyers in America^® in the category of "Bet the Company Litigation," Commercial Litigation, Construction Litigation, IP Litigation, Real Estate Litigation and Trusts & Estates Litigation.  He has been listed in Best Lawyers in America^® since 2005.  He is listed in Virginia Super Lawyers, and D.C. Super Lawyers magazines and Virginia Business Magazine's Legal Elite in the category of commercial litigation.

Recent Assignments

• Defended distributor of the Magic Bullet^® blender against patent infringement claims. Sunbeam Products, Inc. v Hamilton Beach Brands, Inc., 2010 U.S. Dist. LEXIS 74001 (E.D. VA. 2010) (disqualification of opposing counsel)
• Defended national movie theater operator against claims of building encroachment and breach of land lease by the developer of Hoffman Town Center in Alexandria, Va.
• Represented the developer of Belmont Bay Town Center in Prince William County, Va. in specific enforcement of special use permit conditions against public company homebuilder.  Defended the developer against business conspiracy and tortious interference counterclaims based on its opposition to local government approval of builder's proposed site plan amendments. Successfully settled case with consent injunction against builder's change in use.
• Obtained defense verdict on claims asserted by American Mensa Ltd. that the mark Admensa infringed its mark Mensa^®. Am. Mensa Ltd. v. Inpharmatica, Ltd., 2008 U.S. Dist. LEXIS 99394 (D. Md. 2008)
• Served as lead counsel to the former Executive Vice President of ULLICO, Inc., in complex corporate governance and ERISA litigation.  In re ULLICO, Inc., 605 F.Supp.2d 210 (D.D.C. 2009)
• Represented the successful limited partnership in Jennings v. Kay Jennings Family Limited Partnership, 275 Va. 594 (2008). In a case of first impression, the Virginia Supreme Court established the relevant factors a trial court should consider when deciding whether a derivative plaintiff can fairly and adequately represent the limited partnership in litigation
• Defended former President of Xybernaut Corporation in defense and settlement of numerous class action securities fraud claims consolidated in the Eastern District of Virginia. Remains lead counsel to the former President in related state court fiduciary duty litigation

• Successfully defended a leading Virginia construction company, its executives and a related special purpose entity against breach of fiduciary duty and structural defect claims relating to a four tower high-rise residential condominium development in Arlington, VA

Recent Speaking Engagements and Publications

• "Executive Compensation, the Business Judgment Rule, and the Dodd-Frank Act: Back to the future for private litigation?," The Federal Lawyer, January 2011

More Than Stites & Harbison

Outside the firm, Mr. Scully has chaired the Litigation Section and the Standing Committee on Lawyer Discipline of the Virginia State Bar. He is a regular presenter of Continuing Legal Education programs and is a contributor to Virginia State Bar Litigation News and other publications.

Besides Stites & Harbison

Bob is an avid duffer and an aficionado of the Gunners of Arsenal F.C. of North London. When not playing golf or watching soccer, he roots for the Virginia Cavaliers.