Gerald is a partner in the firm's Litigation section. His practice has focused on commercial litigation, including business disputes, shareholder and securities actions, contract and fraud claims, intellectual property disputes, as well as class action defense and insurance coverage litigation. He has served as both first and second chair for numerous trials. Gerald has over 20 years of experience litigating in both federal, state and bankruptcy courts in Alabama and throughout the nation. He has represented companies and individuals as defendants and plaintiffs in a variety of complex commercial disputes, and led clients to successful results through verdicts, summary adjudications, mediations and settlement. Gerald has represented companies in several different industries, from sole proprietorships to publicly held companies. Representative Experience · Successfully defended bank and holding company directors and officers in a shareholder lawsuit. All claims were dismissed. · Representing owners in shareholder and member disputes across a variety of industries and business types, including developers, credit unions, regional distributors, insurance agencies and local accounting and law firms. · Representing D&O carriers in coverage litigation brought by the company and its directors and officers in connection with the HealthSouth and Richard Scrushy litigation. · Representing a D&O carrier in the Vesta bankruptcy in connection with claims brought by the debtor against the carrier. · Defending several clients in consumer class actions, including claims brought under the Fair Credit Reporting Act (FCRA) and state consumer protection statutes. · Defending a distributor of goods against allegations of false labeling in a purported nationwide consumer class action case. · Defended a dealer against false advertising claims brought by a competitor under the Lanham Act. · Representing a regional bank in a lender dispute related to Master Trust and bond indentures. · Defending local and regional banks against customer lending claims and associated carrier coverage litigation. · Serving as chief litigation counsel for the debtors in the Bruno's Supermarket and Bill Heard Enterprises bankruptcies. · Defended a non-profit corporation in a quo warranto action. · Representing an automobile manufacturer in relation to contract and tort claims brought by a vendor. · Representing bio-tech firms in patent and state law claims brought by a competitor and by former employees. · Representing a manufacturer in connection with contract, tort and misappropriation of trade secrets claims. · Representing a cement company in relation to contract and construction claims. · Representing an aircraft parts distributor in relation to tort and espionage claims. · Defended developers in suits and liens brought by tenants, condominium associations and vendors. · Prosecuted and defended covenants not to compete and confidentiality agreement claims. · Acting as general counsel to a local Mercedes-Benz dealership. · Representing a staffing agency in connection with a contract dispute. · Represented corporations, manufacturers, distributors and financial institutions in numerous contract, fraud and tortious interference claims. Professional Awards and Honors · AV rated by Martindale-Hubbell · Outstanding Lawyers of America · The International Who's Who of Insurance and Reinsurance Lawyers (2008) Memberships · Alabama Defense Lawyers Association · Defense Research Institute, Commercial Litigation and Insurance Law Committees · International Association of Defense Counsel (IADC) · Professional Liability Underwriting Society (PLUS) · National Association of Dealer Counsel (NADC) · American Bar Association, Litigation Section; Torts, Trial and Insurance Practice Section (TIPS); Business Torts Litigation Committee; Commercial and Business Litigation Committee; Business Litigation Committee; and Insurance Coverage Litigation Committee Recent Decisions Altrust Financial Services, Inc. v. Adams, _ So. 3d _, 2011 WL 3211107 (Ala. July 29, 2011). Shareholders of a bank holding company brought direct claims against company, and its officers and directors, for violation of the Alabama Securities Act and common law fraud claims. On motion of defendants, the trial court dismissed the securities claims but did not dismiss the common law fraud claims due to conflicting case law and in particular the decision of the Alabama Supreme Court in Boykin v. Arthur Anderson & Co., 639 So. 2d 504 (Ala. 1994). On appeal, the Alabama Supreme Court affirmed the dismissal of the securities claims, and reversed the trial court's denial of the motion to dismiss the common law fraud claims, based on the defendants' argument that the claims were derivative and could not be brought as direct claims, overruling the Court's prior decision in Boykin. Gerald in the community Gerald enjoys spending time with his wife and three children and coaching youth soccer. He served as President of the Alabama alumni chapter for Hampden-Sydney College (1991-2009) and is a junior patron of the Birmingham Museum of Art. He and his family are members of St. Luke's Episcopal Church. Memberships & Bar Associations American Bar Association Alabama State Bar Birmingham Bar Association |