Elaine D. McCafferty

Elaine is a civil litigator with a wide range of experience, including disputes involving contracts, cybersecurity, land use, employment, medical malpractice, and education.  She regularly handles appeals in the Court of Appeals of Virginia, Supreme Court of Virginia, and the United States Court of Appeals for the Fourth Circuit. At the trial level, she provides strategic insight to insulate favorable outcomes and preserve critical errors, ensuring that every legal theory is developed to withstand the rigors of appellate review.

Before joining Woods Rogers, Elaine served as a law clerk to the Honorable Chief Justice Lemons of the Supreme Court of Virginia and as an associate at Sullivan & Cromwell LLP. During law school, she externed for the Honorable Michael F. Urbanski of the United States District Court for the Western District of Virginia.

Elaine earned her law degree from Washington and Lee University School of Law, where she was a Burks Scholar and Lead Articles Editor for the Washington and Lee Law Review.

• Wilkins v. English Construction Company, Inc., No. 6:24-cv-00059 (Western District of Virginia 2026) (successfully defended cybersecurity class action by obtaining dismissal under Class Action Fairness Act).
• Cobham Bay Farm, LLC et al. v. Board of Supervisors of Surry County et al., No. CL24-42, (Circuit Court of Surry County 2026) (defense of Board of Supervisors in action challenging rezoning for data center).
• DFQ Management, LLC v. Octagon Credit Partners, LP, Nos. 0509-25-2, 0511-25-2 (Court of Appeals of Virginia 2026) (commercial contract dispute involving confessions of judgment).
• Rogers v. Dudding, No. 0704-24-3, 2025 WL 1737748 (Court of Appeals of Virgina 2025) (dispute concerning property rights under trust and premarital agreement).
• Norfolk Southern Railway Company v. State Corporation Commission et al., 304 Va. 284 (Supreme Court of Virginia 2025) (established that statute permitting installation of fiber optic cables across railroad property effected an unconstitutional taking).
• Barr v. Garten Development, LLC, No. 1106-23-3, 2024 WL 4205402 (Court of Appeals of Virginia 2024) (dispute involving boundaries and permissible use of easement).
• Cook v. Roanoke Elec. Steel Corp., No. 23-1511, 2024 WL 5166610 (4th Circuit 2024) (defense of employer against employee’s retaliatory discharge claims).

• H.C. v. Sentara Northern Virginia Medical Center, 81 Va. App. 1 (Court of Appeals of Virginia 2024) (battery action concerning vicarious liability of healthcare providers for employee’s intentional torts)

• Johnson v. Eldor Automotive, No. 23-1673, 2024 WL 4891182 (4th Cir. 2024) (employment action regarding issues of fair notice under the Fair Labor Standards Act).

• Harris v. Washington and Lee University, 82 Va. App. 175 (Court of Appeals of Virgina 2024) (wrongful discharge action involving statutory meaning of an employee under Virginia’s Whistleblower Protection Act).
• Burch v. Sensenig, No. 0194-23-1, 2024 WL 1160588 (Court of Appeals of Virginia 2024) (medical malpractice action involving “empty chair” issues).
• Jordan v. Large, 27 F.4th 308 (4th Cir. 2022) (civil rights case regarding whether jury verdict was properly set aside due to purported inconsistency with jury deadlock on separate claim)

Recognition

Clerkships

Hon. Chief Justice Lemons, Supreme Court of Virginia

Education

Washington & Lee University School of Law, J.D., summa cum laude

University of Connecticut, B.A.

Admissions

Virginia

U.S. Court of Appeals, Fourth Circuit

U.S. District Court, Eastern District of Virginia 

U.S. District Court, Western District of Virginia 

• Virginia Association of Defense Attorneys, Appellate Advocacy Section, Chair (2023-2024)
• Washington and Lee University, Adjunct Professor of E-Discovery (Spring 2025)

with Beth Burgin Waller, Comment: The Necessary Evolution of State Data Breach Notification Laws: Keeping Pace with New Cyber Threats, Quantum Decryption, and the Rapid Expansion of Technology, Washington and Lee Law Review, Winter 2022.