Steve Hudson concentrates his practice in the areas of securities, franchise, and complex commercial litigation. His securities litigation experience includes participation in the defense of class actions in New York, Kentucky, Georgia, Florida, South Carolina, Tennessee, and Alabama. He has extensive experience with internal corporate investigations and representing special committees of publicly traded companies, including representing a special committees of a Workers Compensation insurance carrier in investigating potential claims against a former CEO, representing a bankruptcy examiner in identifying and evaluating potential claims against third parties arising out a failed LBO, and representing a special committee in deciding whether to terminate a consulting contract between a corporation and its retired founder. During law school, Mr. Hudson received six American Jurisprudence Awards and was ranked second in a class of 244. He is AV® rated by Martindale-Hubbell. Professional & Community Activities State Bar of Georgia, Member State Bar of South Carolina, Member South Carolina Law Review, Associate Editor-in-Chief Clerkships U.S. Court of Appeals for the Fourth Circuit - Honorable Robert F. Chapman Experience Business litigation for financial advisor, Represented a registered financial adviser and its principals in a lawsuit filed in Georgia state court by a dissatisfied advisee who claimed that she had lost nearly $1 million in investments because of the defendants' alleged negligence and breach of fiduciary duties in failing to sell a large block of stock. We were successful in having the trial court dismiss the entire case on the grounds that the applicable statutes of limitations had already run before the complaint was filed. On appeal, most of the dismissal was affirmed. Thereafter, the case settled for a nominal amount. Litigation for outdoor advertising company, The firm served as lead counsel on behalf of an outdoor advertising company in litigation brought by a shareholder who had sold his business to the company in exchange for cash and company stock. He later filed a claim seeking damages under the federal and state securities laws and under a common law theory, claiming that the company had misled him about its current condition and its prospects when it had acquired his company. We moved to compel arbitration of the shareholder's claims pursuant to an arbitration provision in the operating agreement that the shareholder signed. That motion was granted, and the parties participated in a week long arbitration before a three person arbitration panel in Boston. The arbitration panel rejected all of the shareholder's claims and awarded the company some of its expenses in defending against the claims. The court later confirmed the arbitration award. Trademark infringement case for health care related company, Represented a health care related company in litigation with a former marketing and sales consultant, who was also a minority shareholder. The terminated employee refused to stop their marketing efforts, developed web sites and continued to use the company's trademark and logo. The company sued for trademark infringement and for violation of the federal Anticybersquatting Consumer Protection Act. The consultant counterclaimed for commissions and for breach of contract. The firm discovered that the consultant had intercepted an unknown number of e-mails between the company and its outside counsel, and moved for sanctions. The district court struck the consultant's answer and counterclaim and entered a default judgment. The district court also awarded the company all of its attorneys' fees. The Eleventh Circuit affirmed the ruling in a published opinion. Advice to an independent committee of board of directors of a private company, Represented an independent committee of the board of directors of a large private company, that was formed to investigate and to decide what to do in response to a comprehensive, detailed demand by a group of minority shareholders. Representing the independent committee, the firm conducted an investigation and assisted in the preparation of a lengthy report, which was presented to and adopted by the board of directors. Trade secrets litigation for a software developer, The firm served as lead counsel for a Georgia-based software developer in a factually complex theft of trade secrets case involving the copying and misappropriation of source code files relating to the e-mail attachment viewing technology used in handheld devices. Suit was filed on behalf of software developer in October 2003, alleging claims against competitors, and former executives of competitor for misappropriation of trade secrets, breach of contract, and other claims. Defendants' motion to dismiss was defeated, and developer successfully moved to compel production of defendants' source code pertaining to the technology in question, and defeated defendants' omnibus motions for summary judgment and Daubert motions. The case settled for a confidential amount shortly before a three-week trial was scheduled to begin. In re Vesta Insurance Group, Represented the creditors' committee and now plan trustee for Vesta Insurance Group Inc. in connection with its liquidation. The firm assisted with reaching a complex multimillion dollar claim settlement with the Texas Insurance Commissioner. The plan trustee obtained a multimillion dollar settlement of a lawsuit handled by the firm against former officers for breach of fiduciary duties.
In re Vesta Insurance Group, Inc., Case No. 06-02517 (Bankr. N.D. Ala. filed July 18, 2006). Governance litigation for a health care services company, Represented a health care services company in wide-ranging disputes and litigation with a minority member who asserted a variety of breach of fiduciary duty claims against the company and the majority members. Our client asserted a counterclaim against the plaintiff in the Georgia case for indemnification based on the minority member joining with a third party to sue the company. *Experience gained by attorney prior to joining Kilpatrick Townsend |