Michael H. Gladstone, Director

Mike Gladstone is a member of McCandlish Holton's Litigation Practice Group, where he counsels clients on matters involving a wide range of civil litigation matters including property/constitutional takings litigation, injury and damages cases, commercial disputes, immigration consequences of criminal actions, and employment issues raised by immigration law. 

Mike has broad litigation experience including matters involving, constitutional takings property disputes,  personal injury and property damage, insurance and coverage, commercial matters, trucking, professional liability, product liability, immigration/removal, and worksite enforcement. He has successfully defended design professionals in construction defect matters. His product liability experience includes a focus on industrial machinery, warnings and labels, product development and introduction, and associated commercial issues. He obtained the first post-Kumho Tire exclusion of an Accident Reconstruction Expert in a trucking matter.  He has successfully defended and asserted trade secret claims in State and Federal Courts.

He has substantial experience in the trial of catastrophic fire cases. He has extensive trial experience in the State and Federal Courts in Virginia, Washington DC, and Maryland.

He recently served as co-lead counsel in the successful trial defense of Virginia’s uranium mining moratorium, which was challenged as an unconstitutional taking by owners and lessees of uranium mineral rights.    

Mike is a frequent speaker to university, civic, trade and industry groups on employment related immigration issues.  He has written and presented extensively on civil litigation topics including trucking and transportation, fire cases, and expert witness practice in state and federal courts.

He has spoken in Great Britain and Germany on U.S. immigration and product liability. 

Recent Outcomes

• Successful defense of Virginia's uranium mining moratorium against unconstitutional taking/damage claim.
• Successful defense of veterinary drug manufacturer against product liability claim.
• Successful defense of Commercial Vent Cleaner against alleged fire loss by restaurant and its subrogating insurer.
• Successful conclusion of trade secret matter under Virginia Trade Secret Act.
• Obtained waiver of inadmissability for foreign national allowing family to reunite in United States. 
• Obtained Cancellation of Removal in EOIR trial for employee of Contractor.
• Obtained summary judgment on behalf of a national discount retailer in a $20M traumatic brain injury suit pending in USDC, Eastern Dist. of VA.
• Excluded the plaintiff’s liability expert through a successful Daubertchallenge in the USDC, Eastern Dist. of VA in claim against national discount retailer.
• Obtained $500K verdict for commercial property owner defrauded by construction contractor.
• Obtained $1.29M arbitration award for purchaser of business defrauded by seller.
• Obtained summary judgment on behalf of an interstate trucking company and its driver in a $1.5M personal injury suit pending in the USDC, Western Dist. of VA.
• Excluded the plaintiff’s liability expert through a successful Daubertchallenge in the USDC, Western Dist. of VA in claim against trucking company.

Recognitions

• Martindale-Hubbell, AV Preeminent® 
• Best Lawyers^®
  • Commercial Litigation, since 2010
  • Mass Tort Litigation - Defendants, since 2011
  • Personal Injury Litigation - Defendants, since 2013
  • Personal Injury Litigation - Plaintiffs, since 2013
• Virginia Super Lawyer, since 2009
• Virginia Business Magazine, Legal Elite
  • Alternative Dispute Resolution, 2019
  • Civil Litigation, since 2014
  • Immigration/Naturalization, 2005

Professional AFFILIATIONS AND COMMUNITY INVOLVMENT

• Virginia State Bar
• Virginia Association of Defense Attorneys (VADA)
  • Director (2004-2007), Member
  • Past Chair, Legislative Committee (1996-present)
• Virginia Chamber of Commerce, Civil Law Committee (2007- present)
• American Immigration Lawyers Association (AILA)
• International Association of Defense Counsel (IADC)
  • Employment Committee
  • International Law Committee
• Defense Research Institute (DRI)
  • Employment Law Committee
  • Product Liability Committee
• Association of Transportation Law Professionals
  • Journal Editor, Motor Carrier 2004-2007
  • Annual Meeting Committee, 2008
• Dominion Energy Innovation Center, Director (2013 - present)
• Hanover Association of Businesses and Chamber of Commerce
  • Board of Directors 2010-2011
  • President 2011-2012
• Montpelier Center for Arts and Education
  • Director since 2007
  • President 2009
  • Counsel
• Patrick Henry Field House Project, Director, President (2006-2012)

PUBLICATIONS

• Author: ‘‘GDPR in Unites States Litigation Through Summer 2020: GDPR Subject Companies Must Produce,’’ IADC Defense Counsel Journal (January 2021)
• Author: "2018 Immigration Roundup for Employers," IADC Employment Law Newsletter (Oct. 2018)
• Author:  "What Employers Should Know About the January 27th, 2017 Executive Order Concerning Visa Issuance and Travel into the United States" IADC Employment Law Newsletter (Feb. 2017) 
• Author: "What's New in Immigration? A Few Thoughts for 2016" Defense Counsel Journal (Jan. 2016)
• Author: "Avoiding a Snare for the Unwary - Employer Duties Upon Termination of H-1B Employment," IADC Employment Law Newsletter (Feb. 2013) 
• Author: "Keep on Trucking- Deceit, Speculation and Discovery Abuse Result in Exclusion, Sanctions and Dismissal," IADC Transportation Law Newsletter (Feb. 2013)
• Author: "Refresher on Hiring Foreign National Graduates," IADC Employment Law Newsletter (Nov. 2012)
• Author: "Employers as Export Law Experts," IADC Employment Law Newsletter (Dec. 2011)
• Author: “Rail Demurrage: Collecting Every Penny or; A New Argument is Better than an Old One Any Day,” Journal of Transportation Law, Logistics and Policy (Second Quarter 2010, Vol. 77, No. 2)
• Author: "Worksite Enforcement Issues for Employers: Get Legal and Get Ready," CLE Written Materials for IADC 2010 Mid-Year Meeting 
• Author: “US Technology Protection Issues in Litigation: Foreign National Corporate, Fact and Expert Witnesses,” IADC Newsletter, International Committee (Apr. 2008)
• Author: "U.S. Technology Protection Issues in Litigation: Foreign National Corporate, Fact and Expert Witnesses," IADC Newsletter, International Committee (Apr. 2008)
• Author: "ICE Issues Final Rule for SSA No-Match Letter "Safe Harbor"- Opponents Fire Back," IADC Employment Law Newsletter (Sep. 2007)