Amelia Toy Rudolph

Amelia Toy Rudolph: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Amy Rudolph has 25 years of experience in complex business litigation, with a particular emphasis on accounting and financial issues. She is a Deputy Practice Group Leader of the Eversheds Sutherland (US) Litigation Group and co-leads the US and global Professional Liability Practices. Amy has extensive trial experience, having served as lead counsel and co-counsel in jury trials and appeals in state and federal courts, as well as in bench trials, arbitrations and bankruptcy court adversary proceedings. She counsels and defends corporate and individual clients in business disputes; accountant, auditor and actuarial liability cases; insurance litigation; securities fraud actions; tax litigation; actions under the False Claims Act; state and federal Racketeer Influenced and Corrupt Organizations (RICO) Act cases; and receiver, liquidator and trustee actions. Her experience spans a wide range of industries, including health care; pensions; insurance and financial services; energy; mortgages and structured finance; manufacturing, retail and distribution; technology, media and telecommunications; securities and brokerage firms; and construction.

A member of the Georgia and Florida bars, Amy has also defended clients in investigations by federal agencies including the Securities and Exchange Commission, the Department of Justice, and the Environmental Protection Agency, as well as investigations and hearings by state prosecutors and licensing boards and the American Institute of Certified Public Accountants (AICPA).

Drawing from her insight and experience in the litigation and enforcement arenas, Amy regularly publishes and speaks at professional conferences on issues relating to complex business litigation and professional liability. She is the co-chair of the ABA Professional Liability Litigation Committee for 2017-2019 and has co-authored the Georgia, Florida, North Carolina and South Carolina chapters of a forthcoming 50-state treatise on accountants’ liability law. Most recently, she has written and spoken on topics including recent developments in the regulation of cryptocurrencies and blockchain, internal investigations, ethical issues confronted by in-house counsel, non-GAAP financial measures, whistleblowers under the Dodd-Frank Act, ethical implications of using the cloud for client data, auditor independence, and defendants’ perspectives on civil RICO.

Clerkships

Honorable William C. O’Kelley, Chief Judge, Northern District of Georgia.

Awards and Rankings

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of general commercial litigation (2019)

Recognized by The Legal 500 United States in the area of dispute resolution - general commercial (2015-2018)

Named to The Best Lawyers in America in the area of commercial litigation (2013-2019)

Selected for inclusion in Georgia Super Lawyers (2012-2014, 2016-2019)

Senior fellow, Litigation Counsel of America, (2009-2019)

News

In the News

SEC Pays Attention to Cryptocurrencies, Blockchain Technology and ICOs (March 7, 2018)
Law Fuel
Eversheds Sutherland's legal alert, Cryptocurrencies, ICOs, and blockchain technology get multi-pronged attention at SEC Speaks 2018, is featured in this Law Fuel article.

The Patriot: Remembering US District Judge William C. O’Kelley (January 22, 2018)
Daily Report
Eversheds Sutherland Partners Peter Fozzard and Amelia Toy Rudolph are mentioned in this Daily Report article for serving as law clerks to the late US District Judge William C. O’Kelley of the ...

Attorneys Dish on Escobar’s FCA Impact One Year Later (June 16, 2017)
Law360
Eversheds Sutherland (US) Partner Amelia Rudolph is quoted in this Law360 article providing insight on the one-year anniversary of the US Supreme Court’s decision in Universal Health Services v. ...

Florida High Court Nixes Satellite Cos.' Tax Rate Challenge (April 17, 2017)
Law360
Eversheds Sutherland (US) attorneys Amelia Toy Rudolph, Eric Tresh and Zachary Atkins are mentioned in this Law360 for representing Florida Cable Telecommunications Association Inc.

What New Litigators Can Do to Win their First Trial (April 29, 2015)
Law360
Partner Amelia Toy Rudolph is quoted in this Law360 article regarding advice to attorneys trying their first case. “There is no substitute for preparation. When preparing your direct and ...

Largest SEC Whistleblower Award Could Have Been Larger (September 26, 2014)
Law.com
Sutherland’s legal alert, Largest SEC Whistleblower Award Could Have Been Larger, was featured in Law.com.

Press Releases

27 Eversheds Sutherland Attorneys Named 2019 Georgia Super Lawyers and Rising Stars (February 7, 2019)
Eversheds Sutherland is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, two attorneys have been ...

18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...

30 Eversheds Sutherland (US) Attorneys Named 2018 Georgia Super Lawyers and Rising Stars (February 23, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, five attorneys have ...

American Bar Association Selects Partner Amelia Rudolph to Serve in Professional Liability Litigation Committee Leadership Role (August 24, 2017)
ATLANTA-Eversheds Sutherland is pleased to announce that Amelia Toy Rudolph has been selected by the American Bar Association (ABA) to serve as Co-Chair of the Professional Liability Litigation ...

Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...

19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...

31 Eversheds Sutherland (US) Attorneys Named 2017 Georgia Super Lawyers and Rising Stars (February 21, 2017)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that 27 of the firm’s attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers. Additionally, four ...

Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...

16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...

Sutherland Partner Amelia Toy Rudolph Selected to Leadership Atlanta Class of 2017 (May 17, 2016)
ATLANTA-Sutherland Asbill & Brennan LLP is pleased to announce that Partner Amelia Toy Rudolph has been selected to take part in the 2017 Leadership Atlanta program. This competitive program offers ...

Experience

“We believe in working together as a team, without rigid structure or hierarchy, to give the best quality representation possible to our clients.”

Experience

Defended a Big Four accounting firm in a multibillion-dollar litigation following an audit client’s bankruptcy.
Represents a Big Four accounting firm in underfunded retirement plan lawsuits.
Tried a federal securities fraud case brought by the SEC, resulting in a judgment against a broker-dealer client of only 0.17% of the relief sought.
Won judgment for a Big Four accounting firm in a $30 million lawsuit brought by disappointed sellers of a homebuilding company.
Represented a privately held manufacturer in a lawsuit over a requirements contract.
Defended an actuarial malpractice claim.
Represents telecommunications companies in lawsuits brought by counties over Emergency 911 access charges.
Represents a technology company in an investigation by the Environmental Protection Agency regarding the federal Renewable Fuel Standard (RFS) Quality Assurance Program.
Secured dismissal of a national accounting firm in a lawsuit regarding a due diligence engagement for an acquisition.
Obtained a very favorable settlement for a Big Four accounting firm in a federal securities fraud class action.
Won dismissal for a Big Four accounting firm in a False Claims Act suit.
Resolved favorably a federal multimillion-dollar breach of contract action for an international telecommunications company after a jury trial.
Won an arbitration against a Big Four accounting firm brought by a disgruntled purchaser of the firm's audit client.
Won a favorable jury verdict in a negligent misrepresentation case for a Big Four firm.
Represented the only Arthur Andersen engagement partner of Enron who was not charged civilly or criminally.
Won judgment in favor of a large professional services firm facing allegations of breach of contract, negligence and fraudulent inducement of a contract arising from consulting services.
Defeated claims of more than $5 million in damages for breach of fiduciary duty and professional malpractice against a Georgia accounting firm.
Represented the Florida Cable Telecommunications Association in defending a constitutional challenge to Florida's equalization of cable and satellite taxes.
Represented a national broker-dealer in numerous FINRA arbitrations arising from the dramatic drop in value of proprietary mutual funds.
Resolved favorably a dispute for a Big Four accounting firm in which claims of defamation and tortious interference were brought by a newly hired controller of an audit client.
Won a directed verdict for a national property and casualty insurer in post-Hurricane Katrina litigation involving part of a state-mandated residual “wind pool” - a market of last resort for homeowners insurance on the Mississippi Gulf Coast.
Obtained dismissal of a $600 million-$1.2 billion lawsuit brought against a Canadian accounting firm on behalf of the rehabilitator of a failed life and health insurance company.
Resolved favorably a multimillion-dollar lawsuit brought against a Big Four accounting firm by a failed workers compensation self-insurance fund.
Resolved favorably a $40 million lawsuit brought against a Big Four accounting firm by the Florida Department of Insurance as receiver for a failed HMO.
Resolved favorably a $200 million malpractice and breach of contract suit against a Big Four accounting firm in connection with the bankruptcy of a computer leasing company.
Resolved favorably a $350 million accountants' liability class action and a bankruptcy-related adversary proceeding, and stopped regulatory action against a Big Four accounting firm.
Won a favorable result for homeowners in complex, multi-party federal and Georgia RICO action.
Resolved favorably a $150 million lawsuit brought by a bankruptcy trustee on behalf of 6,000 noteholders in a dispute involving subprime investments.
Defeated RICO claims brought against an accounting firm in a $400 million, four-week jury trial.
Secured dismissal on motion for a U.S. accounting firm in a Bahamian vicarious liability dispute.
Represented accounting firms and individual accountants in ancillary or standalone civil and criminal regulatory and enforcement proceedings before the SEC, DOJ and other governmental entities, as well as state and federal grand juries.
Represented accountants and accounting firms in disciplinary investigations and proceedings.

Publications

Legal Alerts

Legal Alert: DC Circuit finds negligent but not willful fraud for inadequate disclosures (May 2, 2019)
In a much-anticipated decision, on April 30, 2019, the US Court of Appeals for the District of Columbia Circuit issued its decision in Robare, a case that concerned an investment adviser’s (IA) ...

Legal Alert: Lights out for class arbitration - Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses (May 1, 2019)
Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of ...

Legal Alert: Russian telecom giant to pay record-breaking penalty for FCPA violations (March 12, 2019)
On March 6, 2019, Mobile TeleSystems PJSC (MTS) consented to pay an $850 million sanction-the largest Foreign Corrupt Practices Act (FCPA) criminal penalty ever paid to the United States-and to a ...

Legal Alert: The SEC’s litigation against a firm for allegedly inadequate disclosure of shareholder service fees and 12b-1 fees (January 28, 2019)
During the past several years, the US Securities and Exchange Commission (SEC) has settled more than a dozen cases where the SEC alleged (with the firms neither admitting nor denying the charges) ...

Legal Alert: Supreme Court strengthens enforceability of arbitration provisions (January 11, 2019)
In his first Supreme Court opinion, Justice Kavanaugh, writing for a unanimous court, held that when a contract delegates to arbitrators gateway questions regarding arbitrability of disputes, courts ...

Legal Alert: The other shoe has dropped - The SEC follows up with firms that didn’t self-report under the share class initiative (December 12, 2018)
The Share Class InitiativeOn February 12, 2018, the Division of Enforcement of the US Securities and Exchange Commission (SEC) announced the Share Class Selection Disclosure Initiative ...

Legal Alert: US Department of Justice relaxes Yates Memorandum’s requirements for earning cooperation credit (December 3, 2018)
On November 29, 2018, the US Department of Justice (DOJ) modified prior guidance on individual liability for corporate misconduct by affording federal prosecutors discretion to focus on “individuals ...

Legal Alert: Ex-banker forfeits $43.7 million and pleads guilty to conspiracy to violate the FCPA and launder money (November 5, 2018)
A former banker has agreed to forfeit $43.7 million and has pled guilty to Foreign Corrupt Practices Act (FCPA) violations and money laundering in one of the largest individual FCPA enforcement cases ...

Legal Alert: The Department of Justice (DOJ) issues new guidance on choice of compliance monitors for FCPA and other criminal division cases (October 16, 2018)
On October 12, 2018, Brian Benczkowski, Assistant Attorney General for the Criminal Division of the United States Department of Justice (DOJ), announced1 the “Selection of Monitors in Criminal ...

Legal Alert: Shortening the long arm of the law-the Second Circuit limits the extraterritorial reach of the Foreign Corrupt Practices Act (August 28, 2018)
On August 24, 2018, the US Court of Appeals for the Second Circuit in United States v. Hoskins rejected the government’s broad reading of the Foreign Corrupt Practices Act (FCPA) and ruled that a ...

Articles

Discovery of Privileged Communications in a Different Forum (July 12, 2017)
ABA Section of Litigation, Professional Liability Litigation Newsletter
In her article for the ABA Section of Litigation, Professional Liability Litigation Newsletter, Eversheds Sutherland Partner Amelia Toy Rudolph discusses what happens when a different forum is called ...

Watch for Ethical Traps with Attorney-Client Privilege and Work Product (Summer 2017)
Association of Corporate Counsel (ACC) Georgia Newsletter
In their article for the Association of Corporate Counsel (ACC) Georgia newsletter, Eversheds Sutherland (US) Partners Patricia Gorham and Amelia Rudolph provide insight on the attorney client ...

If a Whistle Blows In-House, Does it Still Make a Sound? Issues Regarding Internal Whistleblowers under Dodd-Frank (Part 2) (October 2016)
ALI CLE's The Practical Lawyer
With the rollout of the Dodd-Frank whistleblower program, concerns have been raised that the incentives created by Dodd-Frank may tend to undermine, rather than reinforce, the policies and systems ...

If a Whistle Blows In-House, Does it Still Make a Sound? Issues Regarding Internal Whistleblowers under Dodd-Frank (Part 1) (August 2016)
ALI CLE's The Practical Lawyer
With the rollout of the Dodd-Frank whistleblower program, concerns have been raised that the incentives created by Dodd-Frank may tend to undermine, rather than reinforce, the policies and systems ...

Entrusting Your Secrets to the Cloud: 10 Considerations (Winter 2015)
Partnering Perspectives
In her article for the Winter 2015 edition of Partnering Perspectives, Amy Rudolph discusses 10 important issues in-house counsel should consider when implementing and using cloud services.

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services (Spring 2015)
ABA Professional Services Liability Litigation Newsletter
In her article, “Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services,” Sutherland Partner Amy Rudolph reviews the ABA Model Rules of Professional Conduct relating to the use of ...

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services (February 23, 2015)
Reprinted with permission from the ABA Section of Litigation, Commercial and Business Litigation Committee. 2015 by the American Bar Association.
In her article for the ABA Section of Litigation, Commercial and Business Litigation Committee, Sutherland Partner Amy Rudolph reviews the ABA Model Rules of Professional Conduct relating to the use ...

Of Horseshoe Nails and Kingdoms: Litigating Causation in Common Law Professional Negligence Cases and in Securities Class Actions (2013)
ALI-CLE Accountants’ Liability: Litigation and Issues in the Wake of the Financial Crisis
Causation can be one of the most pivotal and hotly contested issues in an accountants’ liability case; it also can be one of the least understood. While certain fundamental aspects of causation enjoy ...

PCAOB Privilege Applies to Communications about Inspections (November 20, 2012)
ABA Professional Liability Litigation Newsletter
[T]he privilege does not extend to documents from the underlying transaction or work that is the subject of the investigation as such documents are not prepared for the Board. When those underlying ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Winter 2015)
Partnering Perspectives
Sutherland is pleased to present the latest edition of Partnering Perspectives, which provides insight into a number of legal developments and preventive measures that may benefit legal practices and ...

Presentations

ABA Telephonic Roundtable: Regulators Unveil Current Independence Risks Facing Accountants and Auditors Around the Globe: Avoiding Domestic Trouble and Foreign Headaches (October 22, 2018)
ABA Section of Litigation, Professional Liability Litigation Committee
Eversheds Sutherland (US) LLP Partner Amy Rudolph moderates a panel of key regulators, including Michael W. Husich, Senior Associate Chief Accountant, SEC; C. Gregory Scates, Office of Outreach and ...

The Year in Litigation (October 18, 2018)
ALI-CLE: Accountants' Liability 2018: The Profession in an Uncertain World
Eversheds Sutherland (US) Partner Amy Rudolph participates in a panel discussion of litigation events in accountants’ liability litigation from this past year, current litigation trends, implications ...

From Pleading to Trial: Perspectives on a Civil Defense Case (September 20, 2018)
ICLE-Georgia - RICO
Eversheds Sutherland (US) Partner Amy Rudolph participates in a panel discussion of defense counsel strategies in civil RICO cases.

Internal Investigations (December 7, 2017)
2017 Corporate Counsel Institute
Eversheds Sutherland (US) Partner Amelia Toy Rudolph presents “Internal Investigations” at the 2017 Corporate Counsel Institute on December 7, 2017 in Atlanta, Georgia.

Independence Issues: The Regulators Speak (October 26, 2017)
ALI-CLE Accountants’ Liability 2017: Emerging Challenges Facing the Profession
Eversheds Sutherland (US) Partner Amelia Toy Rudolph moderates “Independent Issues: The Regulators Speak” at the Accountants’ Liability 2017: Emerging Challenges Facing the Profession on October ...

Navigating Stormy Waters: War Gaming for International Investigations (June 21, 2017)
Eversheds Sutherland (US) Partner Amelia Toy Rudolph presents “Navigating Stormy Waters: War Gaming for International Investigations” on June 21, 2017 in London, England.

Conducting an Internal Investigation: Traps for the Unwary (April 26, 2017)
Association of Corporate Counsel - Georgia
Eversheds Sutherland (US) Partner Amelia Toy Rudolph presents “Conducting an International Investigation: Traps for the Unwary” at the Association of Corporate Counsel - Georgia’s Value Challenge on ...

Forecasting the Trump Administration’s Policy and the Impact on London (April 5, 2017)
Eversheds Sutherland (US) Partner Amy Rudolph presents Forecasting the Trump Administration’s Policy and the Impact on London on April 5, 2017, in London, England.

Recent Developments and Hot Topics in Accountants' Liability (March 31, 2017)
American Bar Association
Eversheds Sutherland (US) Partner Amelia Toy Rudolph moderates the telephonic roundtable “Recent Developments and Hot Topics in Accountants' Liability” through the American Bar Association on March ...

Attorney-Client Privilege and Work Product Doctrine: Issues Frequently Encountered by In-House Counsel (March 14, 2017)
Association of Corporate Counsel - Georgia
Eversheds Sutherland (US) Partner Amy Rudolph presents Attorney-Client Privilege and Work Product Doctrine: Issues Frequently Encountered by In-House Counsel at the Association of Corporate Counsel ...

Areas of Practice (14)

  • Litigation
  • Professional Liability
  • Appellate
  • Complex Business Litigation
  • Director & Officer Liability
  • Financial Services Litigation
  • Securities & Corporate Governance
  • Securities Enforcement & Litigation
  • Corporate Crime and Investigations
  • Insurance
  • Internal Investigations
  • Class Action Defense
  • Tax Controversy & Litigation
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
University Attended:
Emory University, B.A., with honors, Phi Beta Kappa, Omicron Delta Kappa, Robert W. Woodruff Scholar
Law School Attended:
Emory University School of Law, J.D., with distinction
Year of First Admission:
1991
Admission:
Court of Appeals of Georgia; Supreme Court of Georgia; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. District Court for the Middle District of Florida; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Southern District of Florida; U.S. Supreme Court; Florida; Georgia
Memberships:

Professional Activities

Co-Chair, Professional Liability Litigation Committee, American Bar Association Section of Litigation
Member, Tocqueville Society Cabinet; Former Chair, Women of Cole Cabinet, United Way of Greater Atlanta
Leadership Atlanta Class of 2017
Master and Member of Executive Committee, Lamar American Inn of Court
President, Board of Directors, Georgia Appellate Practice and Educational Resource Center, Inc.
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, Litigation Section, Atlanta Bar Association
Member, Lawyers Club of Atlanta
Chair, Board of Consultants, Emory Law Journal
Past Member, Judicial Administration and Evaluation Committee, The Florida Bar
Past Member, Board of Directors, American Civil Liberties Union of Georgia
Past Member, Emory College Advisory Board
Past Member, Emory Law Advisory Board
Past Member, Board of Governors, Association of Emory Alumni
Past Member, Emory Law Alumni Association Executive Committee
Leadership Cobb Class of 2002

ISLN:
900854741

Peer Reviews

5.0/5.0 (1 review)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    5.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    5.0/5.0

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (26)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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