Devin C. Dolive

Partner
Birmingham,  AL  U.S.A.
Phone(205) 458-5332

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Experience & Credentials
 

Practice Areas

  • Labor & Employment
  • Non-Compete & Trade Secrets
  • International Law
  • Commercial Litigation
  • Corporate Governance & Shareholder Disputes
  • Antitrust/Pricing Disputes
  • Appellate
  • UCC Litigation
  • Banking & Financial Institution Disputes
  • Life
  • Health & Disability/ERISA
 
University Amherst College, B.A., summa cum laude, 1994-1998
 
Law SchoolUniversity of Virginia School of Law, J.D., 1999-2002
 
Admitted2002, Ohio; 2006, Alabama; U.S. District Court - Middle District of Alabama; U.S. District Court - Northern District of Alabama; U.S. District Court - Southern District of Alabama; U.S. District Court - Northern District of Ohio; U.S. District Court - Southern District of Ohio; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Sixth Circuit
 
Memberships 

Professional Associations
American Bar Association
Alabama State Bar
Birmingham Bar Association
Ohio State Bar Association

 
BornCincinnati, Ohio, 1976
 
Biography

Devin practices in the firm's Commercial Litigation group and has litigated many types of commercial matters, ranging from contract disputes and business torts to pricing and antitrust matters. Devin also represents employers, focusing on labor & employment litigation and advice, collective bargaining matters, and employee benefit and ERISA litigation. His clients include manufacturers, service providers, banks, and insurance companies. He is a contributing author to Burr's Non-Compete and Trade Secrets Law Blog.

Devin, an undergraduate German and political science major who studied in Germany and then worked in Belgium prior to law school, has also developed a niche practice advising foreign-owned businesses on litigation in American courts and on American labor laws.

Devin received his B.A., summa cum laude, from Amherst College and his J.D. from the University of Virginia School of Law, where he served as Executive Editor of the Virginia Journal of International Law. Devin is admitted to practice in Alabama and Ohio, in the United States District Courts for the Middle, Northern, and Southern District of Alabama and for the Northern and Southern Districts of Ohio, and in the United States Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits.

News
• Burr Attorneys Author Practising Law Institutes's Business Liability Insurance Answer Book 2014
• Burr's Devin Dolive Profiled in Law360
• Burr & Forman Attorneys Author Section in American Bar Association's Price Discrimination Handbook
• Burr & Forman LLP Is Pleased To Announce That Nine New Partners Have Been Named

Personal Q & A

What advice would you give to a young student in law school?
Enjoy! This is the only time that you will be asked to comment on the facts and holding in A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc., without having also to explain how the holding applies to your client's particular situation. Only law students and legislators get asked to think about what the law should be, not what it is.

What community projects are you involved in?
I serve on the Board of Directors for the Alabama-Germany Partnership and the Junior Board of the Alabama Wildlife Center, and have served on the governing board of my church.

Publications
• BBJ: Why Employers Should Pay Attention to College Football Union Decision
• Business Liability Insurance Answer Book 2013-14, October 2013 (co-authors Betsy P. Collins and Taylor Barr)
Maritime Executive: Annals of Law: Liquidated Damages and Non-Compete Agreements
• Recent Price Discrimination Cases and 'Plausible' Pleading Under Twombly and Iqbal, The Price Point, Winter 2012 (co-author Mark M. Lawson)
• Business Liability Insurance Answer Book 2012-13, October 2012 (co-authors Betsy P. Collins and Taylor Barr)
• State Price Discrimination Statutes, ABA Price Discrimination Handbook, 2012 (co-author Mark M. Lawson)
• Audi of Smithtown, Inc. v. Volkswagen Group of America, Inc. and the New York Dealer Act, The Price Point, Fall 2011 (co-author Mark M. Lawson)
• Business Liability Insurance Answer Book 2011-12, October 2011 (co-author Betsy P. Collins)
• State Motor Fuel Marketing Acts: Potential Traps for Unwary Antitrust Practitioners? The Price Point Newsletter, ABA Section of Antitrust Law, Winter 2009 (co-author Mark M. Lawson)
• Geographic Market Definition in Secondary-Line Price Discrimination Cases, The Price Point Newsletter, ABA Section of Antitrust Law, Fall 2009 (co-author Mark M. Lawson)

Representative Matters
•Assisted in the successful defense of an excess insurer on bad faith claims both at trial and on appeal
•Performed comprehensive review of collective bargaining agreements and ERISA plans to advise clients regarding changes to benefits provided to employees and retirees
•Successfully argued before Alabama circuit courts and the Alabama Supreme Court to compel the arbitration of commercial disputes
•Obtained court orders compelling opposing parties in commercial disputes to produce electronically-stored information, including thousands of e-mails and electronic records of sales transactions

Resources
• BBJ: Why Employers Should Pay Attention to College Football Union Decision
• Business Liability Insurance Answer Book 2013-14, October 2013 (co-authors Betsy P. Collins and Taylor Barr)
Maritime Executive: Annals of Law: Liquidated Damages and Non-Compete Agreements
• Recent Price Discrimination Cases and 'Plausible' Pleading Under Twombly and Iqbal, The Price Point, Winter 2012 (co-author Mark M. Lawson)
• Business Liability Insurance Answer Book 2012-13, October 2012 (co-authors Betsy P. Collins and Taylor Barr)

Community Involvement
Alabama-Germany Partnership, Board of Directors
Alabama Wildlife Center, Junior Board

 
ISLN917073173
 

Documents by this lawyer on Martindale.com

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Be Careful What You Ask for: Selecting Forums for Arbitration
Devin C. Dolive, October 21, 2014
On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance regarding contractual arbitration provisions may have implications...

Obtaining Enforceable Non-Compete Agreements: Timing and Geography Matter
Devin C. Dolive,Al F. Teel, February 28, 2014
Last month, a federal judge in Mobile, Alabama denied an employer’s request for a preliminary injunction seeking to stop that employer’s former employee from working for an alleged competitor. See Dawson v. Ameritox, Ltd., Case No. 13-0614-KD-M, 2014 WL 31809 (S.D. Ala. Jan. 6, 2014). ...

The Supreme Court’s Atlantic Marine Decision and Its Implications for Non-Compete Litigation
Devin C. Dolive, December 17, 2013
On December 3, 2013, the Supreme Court issued a unanimous opinion in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas. The facts in Atlantic Marine did not involve a covenant-not-to-compete, but all the same, the Supreme Court’s decision has...
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Office Information

Devin C. Dolive

420 North 20th Street, Suite 3400
BirminghamAL 35203




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