Amy Rudolph is a member of Sutherland's Litigation Practice Group and co-leads the firm's Accountants' Liability Practice. She has more than 18 years of trial experience in complex business litigation, with particular emphasis on accounting and financial issues. She has represented corporate and individual clients in a variety of matters, including business torts, professional liability, securities fraud, tax litigation, fraud and negligent misrepresentation, breach of contract, shareholder disputes, qui tam actions under the False Claims Act, and state and federal Racketeer Influenced and Corrupt Organizations (RICO) Act cases. A member of the Georgia and Florida bars, Amy has served as lead counsel and co-counsel in numerous jury trials in state and federal courts, as well as bench trials, arbitrations, state and federal appellate litigation, SEC and other federal agency investigations, and state licensing board hearings.
Before joining the firm, Amy served as a law clerk for the Honorable William C. O'Kelley, Chief Judge, U.S. District Court for the Northern District of Georgia.
Representative Experience
Amy's significant trial and appellate experience includes the following:
· Lead counsel defending an international telecommunications company in federal court in Georgia in a multi-million-dollar breach of contract action arising from a post-merger share certificate exchange, with a favorable result for the client following an eight-day jury trial.
· Lead counsel defending a local accounting firm and a partner of the firm before the Georgia Court of Appeals and the Georgia Supreme Court on cross-appeals from a grant of partial summary judgment in a professional liability case, resulting in a judgment in favor of the clients on all claims.
· Lead counsel defending a Big Four accounting firm in an action brought by a qui tam relator under the False Claims Act in the District of Maryland. The client prevailed on motion to dismiss; the Fourth Circuit Court of Appeals affirmed, in an issue of first impression in that circuit, regarding the interpretation of the statute of limitations provision of the False Claims Act.
· Co-counsel defending a national accounting firm that resulted in a complete defense verdict after a seven-day jury trial in a negligent misrepresentation case involving consulting services provided in connection with a business process improvement and software system selection engagement for a flower and bulb distributor.
· Co-counsel defending a Big Four accounting firm in a multi-million-dollar professional liability case brought in Florida state court by the disappointed sellers of a homebuilding enterprise. After a two-and-one-half-week trial, the jury entered a verdict for only 5% of the out-of-pocket damages - effectively a defendant's verdict in a pure comparative negligence state. Judgment notwithstanding the verdict was entered in favor of the client post-trial on all claims due to plaintiffs' fraud on the court. As lead counsel arguing the appeal, Amy secured an affirmance of the judgment.
· Co-counsel defending a Big Four accounting firm in a $34 million negligent misrepresentation case in Florida state court relating to audits it performed on the annual financial statements of a fragrance wholesaler and retailer. A 10-week jury trial resulted in a favorable verdict for the client.
· Co-counsel defending a Big Four accounting firm in a professional liability case brought by the disappointed purchaser of a discount music retail chain which claimed to have based its purchase decision on a balance sheet audited by the accounting firm. After a nine-day arbitration, the panel entered an award in favor of the accounting firm.
· Co-counsel representing individual defendants and counterclaim plaintiffs in a complex federal case involving claims of federal and Georgia RICO violations, defamation, invasion of privacy, and breach of contract. After a four-week jury trial, the clients obtained a favorable verdict and were absolved of liability as to all claims asserted against them.
Other significant representations include:
· Lead counsel representing a Big Four accounting firm in matters arising from the bankruptcy of the accounting firm's audit client, formerly one of the largest privately held mortgage companies in the United States.
· Lead counsel defending a Big Four accounting firm in a federal securities fraud class action arising from the restatement of the financial statements of a national homebuilding company. After briefing on motions to dismiss was completed, the parties reached a favorable settlement.
· Lead counsel defending a Big Four accounting firm in a multi-million-dollar lawsuit brought by the liquidating trustee of a workers' compensation self-insurance fund in Florida state court, alleging negligence, breach of fiduciary duty, breach of contract, and civil conspiracy. The case settled on very favorable terms.
· Lead counsel defending a Big Four accounting firm in a defamation action brought in Georgia state court by a newly hired controller of an audit client, who claimed injury from the accounting firm's statement to its audit client that it was unwilling to rely upon the controller's representations for purposes of the audit. The case settled on very favorable terms.
· Lead counsel in multiple arbitrations defending a national broker-dealer against claims of misrepresentation in connection with the sale of bond funds.
· Lead counsel defending a Big Four accounting firm in a $40 million lawsuit brought by the Florida Department of Insurance as receiver for a failed HMO. The case settled on extremely favorable terms prior to the beginning of discovery.
· Representation of a national property and casualty insurance company in federal court in Mississippi regarding claims by members of a residual windpool arising from an alleged failure to procure adequate reinsurance prior to Hurricane Katrina. After a two-week jury trial, the court entered a directed verdict for the defendants at the close of plaintiffs' case in chief.
· Representation of a national broker-dealer in a federal securities fraud action related to the underwriting, marketing and sale of auction rate securities.
· Representation of cable telecommunications industry trade associations and their members in constitutional challenges to communications services tax statutes in Florida, Utah, and Massachusetts.
· Representation in Michigan state court of the Canadian partnership of a Big Four accounting firm that had audited the financial statements of a now-defunct Canadian life and health insurance company. The plaintiff claimed damages ranging from $600 million to $1.2 billion in a lawsuit involving allegations of fraud, negligent misrepresentation, breach of contract, and professional malpractice. The case was dismissed with no liability assessed against the client. The client also prevailed on summary judgment in a related action in the District of New Jersey.
· Co-counsel representing a former Arthur Andersen partner in connection with a broad array of litigation arising from the collapse of Enron Corporation, including several class action lawsuits in state and federal courts in Texas and elsewhere; enforcement investigations by the Department of Justice, Congressional committees, and the SEC; grand jury proceedings; and state licensing boards. Achieved very satisfactory results for the client in a high-profile, politically charged, and complex representation.
· Co-counsel representing a Big Four accounting firm in an approximately $200 million claim for accounting malpractice and breach of contract filed in the U.S. Bankruptcy Court for the Eastern District of Virginia, in connection with the failure of a computer leasing company due to fraud perpetrated on the company. The case settled on favorable terms.
Professional Honors and Awards
· Selected for inclusion in Georgia Super Lawyers® (2012)
· Selected for inclusion in Georgia Super Lawyers® Rising Stars (2005-2006)
· Fellow, Litigation Counsel of America
Professional and Community Involvement
· Past Co-chair, Accountants' Liability Subcommittee; Newsletter Editor, Professional Liability Litigation Committee, American Bar Association
· Member, Litigation and Business Law Sections, American Bar Association
· Member, General Practice and Trial Law Section, State Bar of Georgia
· Member, Post-Conviction Capital Representation Committee, State Bar of Georgia
· Member, Appellate Practice, Business Law, and Trial Lawyers Sections, The Florida Bar
· Member, Judicial Administration and Evaluation Committee, The Florida Bar
· Member, Litigation Section, Atlanta Bar Association
· Master, Lamar American Inn of Court
· Past Chair, Women's Advisory Board, Capstone Financial Partners, a MassMutual Financial Services agency in Atlanta, Georgia
· Member, Board of Directors, Georgia Appellate Practice and Educational Resource Center, Inc.
· Member, Board of Directors, American Civil Liberties Union of Georgia
· Member, Emory Law Advisory Board
· Member, Emory College Advisory Board
· Chair, Board of Consultants, Emory Law Journal
· Former Member, Board of Governors, Association of Emory Alumni
· Former Member, Emory Law Alumni Association Executive Committee
· Member, Lawyers Club of Atlanta
· Graduate, Leadership Cobb
Recent Publications and Speaking Engagements
· Co-author, "Governing Disclosure of Loss Contingencies," Securities Law360 (October 14, 2010)
· Author, "Work Product Protection Not Waived by Disclosure to Auditors," ABA Section of Litigation, Professional Liability Committee (August 2010)
· Co-author, "SOX Certifications:10 Tips for Good Housekeeping," Partnering Perspectives (Winter/Spring 2010)
· Co-author, "Revisions to Federal Rules Change Time-Computation Method," PP&D (Winter 2010)
· Co-author, "Pleading Auditor Fraud After Tellabs," Securities Law 360 and Financial Services Law 360 (April 16, 2009)
· Co-author, "Fourth Circuit Decides False Claims Act Limitations Issue," The Judicial View (January 2009)
· Author, "The In Pari Delicto Defense in Federal Securities Claims and Accountant Liability Actions," Review of Securities and Commodities Regulation (November 2008)
· Co-author, Georgia Procedure-Civil Procedure: Evidence (1995)
· Author, "Statutory Punitive Damage Caps and the Profit Motive: An Economic Perspective," 40 Emory Law Journal 303 (1991)
· Panelist, "Analyzing and Preparing a Civil RICO Case from a Defendant's Perspective," State Bar of Georgia ICLE RICO Seminar (November 18, 2011)
· Speaker, "Trustee Actions, In Pari Delicto, and Deepening Insolvency," ALI-ABA Accountants' Liability: Litigation and Issues in the Wake of the Financial Crisis (September 15, 2011)
· Speaker, ALI-ABA Accountants' Liability Course: Litigation and Issues in the Financial Crisis (July 8-9, 2010)
· Speaker, "Seeking Awards of Attorneys' Fees under O.C.G.A. § 13-6-11: FAQs and Figures," State Bar of Georgia's ICLE Contract Litigation Seminar (August 2009)
· Speaker, "Accountants' Liability: Litigation and Issues in the Financial Crisis," ALI-ABA Accountants' Liability Conference (July 2009)
· Speaker, "Invoking In Pari Delicto to Bar Accountant Liability Actions Brought by Trustees and Receivers," ALI-ABA Accountants' Liability Conference (May 2008) (quoted in Official Comm. of Unsecured Creditors of Allegheny Health Educ. and Research Found. v. PricewaterhouseCoopers LLP, No. 38 WAP 2008, 2010 Pa. LEXIS 159 (Pa. Feb. 16, 2010))
· Panelist, "Considerations in Analyzing and Preparing a Civil RICO Case from a Defendant's Perspective," State Bar of Georgia's ICLE RICO Seminar (November 2007)
· Speaker, "Deep Concerns for Deep Pockets?: Negligent Misrepresentation Claims in Georgia," State Bar of Georgia's ICLE Business Organization Litigation Seminar (November 2006)
· Speaker, "Auditor Independence Rules and Engagement Letters: Considerations in Engaging Outside Accountants," American Society of Women Accountants/American Women's Society of Certified Public Accountants Joint National Conference (September 2006)
Industries
Financial Services
News
39 Sutherland Attorneys Named as 2012 Georgia Super Lawyers
March 2, 2012
Morgan Keegan Fights Off SEC Suit Over ARS Risks
July 7, 2011
Sutherland Fends Off SEC on Behalf of Morgan Keegan
July 1, 2011
Bus Manufacturer Defends False Claims Act Charges
November 2008 The Judicial Review
"FASB Proposes To Broaden Requirements for Disclosure of Litigation Loss Contingencies"
October 17, 2008 Posted with Permission American Bar Association
"U.S. Supreme Court Rejects 'Scheme Liability' "
May 2008 Posted with Permission American Bar Association
Legal Alerts
Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Society's 2012 Annual Seminar
April 10, 2012
Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Division's 2011 Annual Seminar
April 15, 2011
Legal Alert: How Georgia's New Restrictive Covenants Laws May Impact Broker-Dealers
November 29, 2010
Legal Alert: New Whistleblower Protections for Financial Service Employees
October 1, 2010
Legal Alert: Impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on Broker-Dealers
August 16, 2010
Legal Alert: Georgia Supreme Court Recognizes a Cause of Action for "Holders" of Securities and Limited Duties in Favor of Non-Discretionary Account Customers
February 9, 2010
Legal Alert: Fourth Circuit Interprets False Claims Act Statute of Limitations in Ruling of First Impression
January 12, 2009 Legal Alert: Fourth Circuit Interprets False Claims Act Statute of Limitations in Ruling of First Impression
Legal Alert: U.S. Supreme Court Limits Secondary Actors' Liability for Securities Fraud Under Section 10(b) and Rule 10b-5
January 16, 2008
Publications
Governing Disclosure Of Loss Contingencies
October 14, 2010 Reprinted with permission Law360, http://www.law360.com
Work Product Protection Not Waived by Disclosure to Auditors
August 2010 Reprinted with permission the ABA Section of Litigation, Professional Liability Committee. © 2010 by the American Bar Association
SOX Certifications: 10 Tips for Good Housekeeping
Winter/Spring 2010 Partnering Perspectives
Revisions to Federal Rules Change Time-Computation Method
Winter 2010 Reprinted with permission PP&D, A publication of the ABA Section of Litigation
Pleading Auditor Fraud After Tellabs
April 16, 2009 Reprinted with permission Securities Law 360 and Financial Services Law 360, http://www.law360.com
Fourth Circuit Decides False Claims Act Limitations Issue
January 2009 Reprinted with permission The Judicial View
U.S. Supreme Court Rejects 'Scheme Liability'
May 2008 Posted with Permission American Bar Association
Author, "The In Pari Delicto Defense in Federal Securities Claims and Accountant Liability Actions," 41 Review of Securities and Commodities Regulation 263 (November 2008)
Co-author, Georgia Procedure-Civil Procedure: Evidence (1995)
Author, "Statutory Punitive Damage Caps and the Profit Motive: An Economic Perspective," 40 Emory Law Journal 303 (1991)
Events
State Bar of Georgia ICLE RICO Seminar
November 18, 2011
ALI-ABA Accountants' Liability: Litigation and Issues in the Wake of the Financial Crisis
September 15-16, 2011
ALI-ABA Accountants' Liability: Litigation and Issues in the Financial Crisis
July 8-9, 2010
State Bar of Georgia's ICLE Contract Litigation Seminar
August 2009
ALI-ABA Accountants' Liability Conference
July 2009
ALI-ABA Accountants' Liability: Litigation and Issues in the Financial Crisis
July 9-10, 2009
State Bar of Georgia's ICLE RICO Seminar
November 2007
State Bar of Georgia's ICLE Business Organization Litigation Seminar
November 2006
American Society of Women Accountants/American Women's Society of Certified Public Accountants Joint National Conference
September 2006