Ed Spivey is a partner in the litigation section at Kaufman & Canoles. He has a diverse civil litigation and arbitration practice that has involved the representation of international, national and local businesses, as well as individuals. Mr. Spivey’s areas of practice include complex commercial litigation, securities litigation, stockbroker and investment adviser disputes, shareholder litigation, insurance coverage disputes, products liability defense, and land use/real estate litigation. Mr. Spivey has particularly deep experience arbitrating and litigating investment and securities disputes. Mr. Spivey serves on the firm’s Executive Committee and Compensation Committee.

Practice Areas

Litigation

Representative Matters

Serving as Special Counsel to the Commonwealth of Virginia’s Office of Attorney General in nationwide arbitration against tobacco product manufacturers concerning $1.2 billion payment due under the landmark Tobacco Master Settlement Agreement
Represented major financial institution in managing and litigating claims caused by Registered Investment Adviser representative including defense of multiple client claims, pursuit of resulting claims for recovery under fidelity bond, and prosecution of follow-on subrogation claims against RIA representative
Served as Virginia counsel to large international hedge fund in proxy contest associated with 2008 annual meeting of CSX Corporation
Represented foreign component part manufacturer seeking North American operations insurance coverage for cost and expense associated with end product recall
Represented regional financial institution seeking insurance coverage for class action claims arising out of the Telephone Consumer Protection Act
Represented plaintiff shareholder in multimillion dollar Section 11 securities fraud claim arising out of financial statement disclosures of large publicly-traded waste hauler
Obtained dismissal of all claims and affirmance on appeal in multimillion dollar securities fraud class action against publicly-traded computer products company
Multiple representations of both claimants and respondents in FINRA (formerly NASD and NYSE), JAMS and other arbitrations involving the stock brokerage industry including unsuitability, churning, market manipulation, etc.
Defended multiple high-exposure products liability claims against domestic and foreign manufacturers of consumer, industrial and military products including household appliances (water distillers, coffee makers, power chairs, tea kettles, etc.), paint sprayers, man-lifts, construction equipment, irrigation equipment, amusement rides, chemicals and other potentially toxic substances, and diversionary grenades
Obtained verdict for large real estate developer in implied easement case challenging commercial shopping center owner’s right to use BMPs located on contiguous property