Megan Burns

Counsel

Virginia Beach
Business Phone: 757.687.7778
Business Fax: 757.687.1552

megan.burns@troutman.com

vCard

Megan Burns is an attorney in the Financial Services Litigation practice, representing national and multinational clients in federal and state court, both at the trial and appellate level. The principal areas of Megan’s practice are class action lawsuit defense, consumer law and complex commercial litigation. This includes a focus on defending corporations in class action litigation under various federal statutes and regulations, including the Fair Credit Reporting Act (“FCRA”) and Regulation V (“Reg V”), the Fair Debt Collection Practice Act (“FDCPA”), the Truth-in-Lending Act (“TILA”) and Regulation Z (“Reg Z”), Real Estate Settlement Procedures Act (“RESPA”) and Regulation X (“Reg X”), and the West Virginia Consumer Credit and Protection Act (“WVCCPA”). Megan’s clients range from Fortune 100 corporations to start ups and closely held entities. As part of the firm’s national practice, Megan has been counsel in individual and class action cases in numerous states, including Maryland, Virginia, Georgia, Florida, California, West Virginia, and Washington DC.

In addition to financial services litigation, Megan has substantial experience in creditors’ rights litigation, including bankruptcy, Miller Act and Little Miller Act claims, as well as representing financial institutions in restructuring and insolvency litigation. She also represents corporations and individuals in a variety of complex commercial litigation matters, such as shareholder disputes, construction and other contract disputes, and general business litigation. Megan also has substantial experience in both federal and state appellate courts, putting to good use her experience as an editor of the William and Mary Law Review and as a clerk for the United States District Court for the Eastern District of Virginia.

Megan provides ongoing analysis and commentary on developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog at http://www.cfslawmonitor.com/.

Representative Matters

  • Counsel for the nation’s largest online lender in nationwide putative class action, asserting claims under the FCRA, with potential exposure in excess of $1.4 billion. Successfully earned summary judgment and dismissal of all of plaintiff’s claims. Secured decision from the Fourth Circuit Court of Appeals affirming the District Court’s grant of summary judgment in lender’s favor in its entirety. This summary judgment decision, and affirmative appellate decision, was a complete win for our client, resulting in dismissal of the entire class action complaint with prejudice.
  • Obtained summary judgment and affirmation by the Fourth Circuit in favor of national loan servicer in purported class action on the grounds that the named plaintiff’s claims under the WVCCPA were time-barred by the one-year statute of limitation. Whether the statute of limitation began to run on the date the loan was accelerated was an issue of first impression and the decision had a significant impact on litigation under the WVCCPA prior to the 2016 amendments.
  • Secured summary judgment and affirmation by the Fourth Circuit in favor of Fortune 100 international bank on debtor’s unconscionable contract claim under the WVCCPA on the grounds that an inflated appraisal, alone, is not grossly unfair. In the same case, obtained voluntary dismissal with prejudice on plaintiff’s remaining WVCCPA claims, while lender’s renewed motion for summary judgment was pending.
  • Secured summary judgment for national banking corporation in a class action on grounds that Plaintiffs’ claims were preempted by the National Bank Act (“NBA”) and OCC Regulations, resulting in dismissal of all of Plaintiff’s claims.
  • Counsel for Fortune 100 international bank and national mortgage servicer in multiple cases filed under the FCRA, the WVCCPA, and various state laws. Successfully resolved multiple cases through favorable settlement.
  • Counsel for law firms in class action FDCPA litigation; successfully resolved claims through class action settlement.
  • Counsel for national loan servicer specializing in reverse mortgages in multiple putative class action cases that challenge the servicer’s compliance with regulations promulgated by the U.S. Department of Housing and Urban Development (“HUD”).
  • Counsel for one of the nation’s ten largest loan servicers in multiple individual and putative class actions asserting claims under the FCRA, FDCPA, RESPA, and various state laws.
  • Representation of regional bank in creditors’ rights litigation seeking to enforce security interests in commercial real estate.
  • Representation of banks, financial institutions and other creditors in Chapter 11, 13 and 7 bankruptcy cases.
  • State and federal court creditor’s rights litigation, including breach of fiduciary duty, Miller Act and Little Miller Act claims, mechanic’s lien litigation, and breach of contract.

Presentations and Speaking Engagements

  • Teaming Agreements and Joint Ventures, SBA Procurement Fair, March 2005.
  • Teaming Arrangements and Subcontractor/Prime Contractor Finance Issues, BRAC Procurement Conference, 2007.

Professional and Community Involvement

  • American Bankruptcy Institute
  • American Bar Association
  • Federal Bar Association
  • Norfolk-Portsmouth Bar Association
  • Tidewater Bankruptcy Bar Association
  • Virginia Bar Association
  • Virginia Beach Bar Association
  • Director, Girls on the Run of South Hampton Roads
  • Treasurer, Virginia Beach Forum

Rankings and Recognition

  • Selected as 2010 Legal Elite by Virginia Business magazine in bankruptcy law.

Professional Experience

  • Counsel, Troutman Sanders LLP, 2009 - present
  • Partner, Williams Mullen, 1998 – 2009
  • Associate, Kaufman & Canoles, PC, 1994-1998
  • Law Clerk to the Honorable Rebecca Beach Smith, United States District Court, Eastern District of Virginia, 1993-1994

PrintPDF

Education

  • The College of William and Mary, J.D., 1993
    Editor, William & Mary Law Review
    Order of the Coif
  • University of Virginia, B.A., 1985

Bar Admissions

  • Virginia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Court of Federal Claims