Dawn Evans Wins $350,000 Jury Verdict Thursday, 27 October, 2011
Congratulations to Dawn Evans for winning a $350,000 jury verdict in a real estate condemnation case!
Congratulations to Dawn Evans for winning a $350,000 jury verdict in a real estate condemnation case!
Congratulations to David Donaldson for being named to The Best Lawyers in America’s 2012 edition. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by your fellow top attorneys) and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor.
As one of the lead states for a 13-state task force, working cooperatively with the SEC and FINRA, the Alabama Securities Commission has obtained $200 million in investor restitution, plus penalties of $10.5 million, for investor losses arising out of sales by Regions Morgan Keegan (RMK) of mutual funds with over-concentrations in subprime mortgage-backed securities. D&G is honored to have been retained as outside counsel in this matter by the Alabama Securities Commission. David Guin was appointed as a Deputy Attorney General of the State of Alabama for this matter by the Governor and Attorney General. Read more about the case on the Alabama Securities Commission’s page.
David Guin spoke recently at the National Summit on the Future of Fiduciary Responsibility conference for institutional investors in New York. Topics included pre-litigation securities fraud settlement strategies, the role of institutional investors as private regulators and agents of corporate accountability, and litigation regarding mortgage-backed securities.
David Donaldson was named to the 2011 Super Lawyers list of Alabama attorneys for Business Litigation.
David Donaldson, David Guin, Tammy Stokes and Dawn Evans were listed in the March, 2011 edition of B-Metro Magazine on the list of B-Metro’s Top Lawyers.
Donaldson Guin won an important appeal in the Eleventh Circuit Court of Appeals on September 22, 2010, allowing our accounting malpractice and securities claims to proceed in the case of Corporate America Credit Union vs. RubinBrown LLP. The case rejected the accounting firm defendant’s efforts to enforce an arbitration agreement against our client, who was not a party to the arbitration agreement. Read the opinion here.
We are pleased to announce Charles Watkins has joined our Chicago office. Mr. Watkins has been at the forefront of ERISA, securities, antitrust and other complex litigation, and we are honored to have him on our team.
Congratulations to Tammy McClendon Stokes for receiving the prestigious “AV” peer-review rating from Martindale-Hubbell. An “AV” rating is the highest rating awarded. For more about Ms. Stokes, see her bio.
In re HealthSouth Securities Litigation (N.D. Ala.)
D&G served as Liaison Counsel for the Retirement Systems of Alabama and a certified class of other large institutional purchasers of HealthSouth bonds.
On July 26, 2010, Judge Karon Bowdre entered final judgments approving the Bondholder Plaintiffs’ settlements with investment bank UBS Warburg for $100 million, and with auditor Ernst & Young for $33.5 million. These settlements bring the total amount recovered for HealthSouth Bondholders to approximately $230 million and bring the Bondholder litigation to conclusion.
At the final hearing to approve these settlements, the Court said the following to Mr. Guin and the other plaintiffs’ counsel:
And I just want to commend all of you for the way that you have conducted the case. [You] have proved to me that there are ways to conduct complex litigation with lots of lawyers involved and to do so in a professional manner. And I appreciate that very much. (Transcript of July 22, 2010, at 55, lines 2-13)
Previously, in 2007, a $445 million class action settlement was reached with HealthSouth, certain of its former directors and officers, and certain of its insurance carriers. Claim forms have been mailed to all known bond investors. At about the same time, the SEC obtained a $100 million settlement for stock and bond investors. More information on those settlements – including information on the timing of expected payouts – can be found here.
Prior to these final settlements, fact discovery had been completed, with more than 120 depositions taken. On September 30, 2009, Judge Bowdre certified the case to proceed as a class action on behalf of all investors in HealthSouth bonds. See the 66-page opinion here.
For information regarding this litigation, contact David Guin or Tammy Stokes.