David K. Higgins

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In Memoriam
Charleston, WV
  • Of Counsel, Robinson & McElwee, 2021
  • Member, Robinson & McElwee, 1983-2020
  • Former Chair, Business Law Department, Robinson & McElwee
  • Partner, Love, Wise, Robinson & Woodroe, 1978-1983
  • Associate, Love, Wise, Robinson & Woodroe, 1976-1978
  • Associate, James, Wise, Robinson & Magnuson, 1975

A founding member of Robinson & McElwee, Mr. Higgins primarily practices state and federal tax litigation, state and federal securities law, asset protection and general business law.

Mr. Higgins has extensive experience in wills and trusts, mergers and acquisitions and commercial financing.

Mr. Higgins also has significant experience in trademark and copyright litigation, “dissenter’s rights” litigation and will contest litigation.

Mr. Higgins has been practicing for more than 35 years. Mr. Higgins represents clients of varying scopes and sizes, including financing and banking institutions, as well as small businesses, individuals and utilities.

In addition, Mr. Higgins serves within Robinson & McElwee’s Alternative Dispute Resolution Practice Group as a mediator. Mr. Higgins is fully trained by the West Virginia State Bar.

Mr. Higgins is AV 5/5 peer review-rated by Martindale-Hubbell.

Mr. Higgins formerly served on the Charleston City Council from 2003 to 2011 and by appointment of then Gov. Joe Manchin, in the West Virginia House of Delegates in 2007 and 2008.

Away from work, Mr. Higgins serves as a member for the West Virginia State Bar’s Committee on Taxation. Mr. Higgins also serves as Vice President and Trustee for the Craik-Patton House Foundation. Mr. Higgins is a Director of the Alzheimer’s Association West Virginia Chapter.

  • Assessments by West Virginia tax department and Internal Revenue Service.
  • Preparation of wills and trusts with related tax planning.
  • General counsel to corporations, partnerships and limited liability companies.
  • Mergers, sales, acquisitions and reorganization of companies.
  • Will contest litigation.
  • Asset protection planning.
  • Health care law and compliance.
  • Financing and banking law.
  • Mediator, fully trained by the West Virginia State Bar.
  • Founding member, Robinson & McElwee.
  • AV 5/5 Peer Review Rating, Martindale-Hubbell.
  • West Virginia SuperLawyers, Business/Corporate 2013
  • “Lawyer of the Year” for Mergers & Acquisitions Law in Charleston, W.V. by Best Lawyers, 2014
  • Best Lawyers in America, Corporate Law and Mergers and Acquisitions Law, 2006 - present

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, LLC v. Huffman, 687 S.E.2d 768 (W. Va. 2009), cert. denied, 130 S.Ct. 2377 (U.S. 2010)

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 Honorable 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)
  • Co-author, 20 Things to Know about the New West Virginia Uniform Trust Code, The West Virginia Lawyer, 2013
  • Author, Securities Law:  Is Your Drilling Program Legal, West Virginia Independent Oil and Gas Association Newsletter, 2011
  • Presenter, What You Need to Know About the New West Virginia Uniform Trust Code, West Virginia Tax Institute, 2011
  • Author, Hourly Rate Billing: An Unnecessary Evil, The West Virginia Lawyer, 2010
  • Co-author, Asset Protection: An Ounce of Prevention is Worth a Pound of Cure, David K. Higgins, Kent J. George, and Paul G. Papadopoulos, 2009
  • Vice President; Trustee, Craik-Patton House Foundation, 2009-present
  • Board of Directors Member, Alzheimer's Association, West Virginia Chapter, 2009-present
  • West Virginia House of Delegates, 30th District, 2007 and 2008 by appointment
  • Charleston City Council, 2003-2011