::Robinson & McElwee, PLLC:: David K. Higgins

David K. Higgins
Member

Email: dkh@ramlaw.com
Phone: 304-347-8312
Fax: 304-344-9566
Office: Charleston, WV

ROBINSON &
McELWEE PLLC

Mr. Higgins practice involves state and federal tax litigation, state and federal seurities law, asset protection and creditor claims. He also has extensive experience in wills and trusts, mergers and acquisitions, commercial financing and general business law.

Education Credentials

B.A., German, Washington & Lee University, 1970

J.D., Washington & Lee University, 1975

Summary of Experience

Representation of clients in matters involving assessments by West Virginia State Tax Department and Internal Revenue Service.

Preparation of wills and trusts with related tax planning.

General counsel to corporations, partnerships, and limited liability companies.

Trademark and copyright litigation.

Dissenter's rights litigation.

Will contest litigation.

Asset protection planning.

Representation of providers in healthcare fraud and abuse investigations.

Representation of grand jury witnesses.

Securities litigation and securities arbitration.

Bar and Court Admissions

U.S. Supreme Court

U.S. Tax Court

U.S. Claims Court

U.S. District Court, Northern District of West Virginia

U.S. District Court, Southern District of West Virginia

Supreme Court of West Virginia

Professional Affiliations

West Virginia State Bar

West Virginia Bar Association

Kanawha County Bar Association

Fayette County Bar Association

West Virginia Chamber of Commerce (Taxation of Business Committee)

Representative Cases

Tax Litigation:

Calhoun County Assessor v. Consolidated Gas Supply Corp., 178 W.Va. 230, 358 S.E.2d 791 (1987)

Columbia Gas of Maryland, Inc. v. Board of Public Works of the State of West Virginia, 194 W.Va. 75, 459 S.E.2d 352 (1995)

Carl E. Smith, Inc. v. James H. Paige III as Tax Commissioner of the State of West Virginia; Civil Action No. 96-C-72 (Jackson County, The Honorable Chares E. McCarty)

CNG Transmission Corporation v. Rebecca L. Craig as Tax Commissioner of the State of West Virginia, 211 W.Va. 170, 564 S.E.2d 167, 155 Oil & Gas Rept. 182 (2002)

Consolidated Natural Gas Company v. Joseph M. Palmer as Tax Commissioner of the State of West Virginia, 213 W.Va. 388, 582 S.E.2d 835 (2003)

West Virginia Electric Industries, Inc. v. Rebecca L. Craig as State Tax Commissioner of West Virginia; West Virginia Office of Tax Appeals; Dockets No. 02-204U and 02-205C

Mountain America v Huffman, ___ SE2d, 2009 WL 4110951 (W.Va, Nov. 25, 2009) (No. 34426)

Trademark Infringement Litigation:

Saven Corp. v. Progresso Produce Co. and David K. DeBerry, Inc. (Southern District of West Virginia, Civil Action No. 2:98-0970, The Honarable Joseph R. Goodwin)

Securities Litigation:

Clark v. Merrill Lynch, 924 F.2d 550 (4th Circuit, 1991)

Dissenter's Rights Litigation:

Johnson v. Federal Coal Company (Kanawha County Circuit Court, The Honorable Charles King, 1998)

Will Contest Litigation:

Bealey v. Miller (Fayette County Circuit Court, The Honorable John Hatcher)

Bealey v. Miller (Fayette County Circuit Court, The Honorable Paul Blake)

Publications & Presentations

"Securities Law: Is Your Drilling Program Legal". West Virginia Independent Oil and Gas Association Newsletter, June 2011.

"Hourly Rate Billing:an unnecessary evil" The West Virginia Lawyer. July-Sept. 2010: 26-29.

Asset Protection: an ounce of prevention is worth a pound of cure. David K. Higgins, Kent J. George, and Paul G. Papadopoulos, Esq. February 2009.

Awards and Honors

West Virginia's Best Lawyers in America, 2011

West Virginia SuperLawyers, Law & Politics Magazine, 2007

2005-2007: Chambers USA: America’s Leading Lawyers. Litigation: Corporate/Commercial

The Best Lawyers in America 2007, Mergers & Acquisitions, Corporate Law

Community Involvement

Charleston City Council, 2003-2011

West Virginia House of Delegates, 30th District, 2007 and 2008 by appointment

Vice President of the West Virginia Craik-Patton House Foundation (2009-2012)

Trustee, Craik-Patton House Foundation

Chairman, West Virginia Racing Thunder

Alzheimer's Association, Board of Directors of the West Virginia Chapter