Corporate Investigations

We boast 250 attorneys and offices in Georgia, Alabama, Mississippi and Washington D.C. Our Securities Litigation, Corporate Investigations and Professional Liability Team is one of the most successful, comprehensive and innovative groups in the Southeast, devoting its substantial experience to a wide range of cases- corporate governance, internal investigations, government investigations, securities and shareholder litigation, fraud, RICO, and professional negligence litigation, including auditing and accounting malpractice litigation.

We represent corporations, officers, directors, special committees, individuals, institutional investors and others facing complex problems arising from state and federal regulation of securities, including Sarbanes-Oxley compliance. Our trial lawyers litigate both individual and class action suits for alleged violations of federal and state securities laws, derivative suits by shareholders, and claims relating to RICO, fraud, minority shareholder oppression, and securities brokers and dealers. Specifically, we have represented auditing and accounting firms- the "Big Four" a well as large and medium sized firms- against allegations of professional liability, fraud, RICO and other claims.

While Balch & Bingham primarily defends such claims, we also have a unique and successful record of representing individuals and institutional investors in such litigations. The rounded approach allows our attorneys to offer cogent realistic advice and representation to our clients. We know these litigations are often high profile, we know they affect the foundations of our clients' reputations and businesses. So, we offer only expert litigators- focused trial lawyers- experienced in aggressively bringing these matters to a positive resolution, as thoroughly and efficiently as possible.

We are also asked by the boards of directors and special committees of some of the country's largest companies to conduct thorough internal investigations of alleged financial and accounting fraud or wrongdoing. We assist our clients in understanding the discovered facts of such cases and advise them of the potential regulatory and legal ramifications of those facts. We then assist our clients in developing a realistic plan and course of action to deal with the matter. This includes providing reports to the board of directors, special committee, or investigative bodies, including the SEC, and working with the government to resolve the issue at hand.

Further, Balch & Bingham professionals actively provide client counseling on issues of risk avoidance and corporate governance. They provide advice regarding the governance of public companies and the rapidly changing responsibilities of their management and boards of directors- fiduciary and regulatory duties, compensation, audit, independence, off-balance sheet transactions, and disclosure issues.

Filling this critical need- efficiently and effectively- is the hallmark of Balch & Bingham's offering. And we have the right people to do it. Our senior trial lawyers include Georgia's former Attorney General, those named among the Best Lawyers in America, members of the American College of Trial Lawyers and those recognized as The Most Influential People in Georgia. Our young partners have been honored as Rising Stars in the litigation profession. In Georgia, Alabama, and Mississippi we have senior partners who, through a lifetime of public service and legal experience, have developed far-reaching contacts with federal, state and local governmental officers and agencies. With this experience and focus, we can bypass unnecessary discovery and motions battles, and concentrate on the critical factors of each case that will allow our clients to appropriately evaluate all stages of litigation and, ultimately, win.

RELATED PRACTICES

Corporate

RELATED EXPERIENCE

Cagle's Inc. v. Valley National Bank, 153 F.Supp. 2d 1288 (M.D. Ala. 2001) (UCC Articles 3 and 4). Presented evidence regarding deficiencies in company's payroll accounting system.
Exxon Corp. v. DCNR, 859 So. 2d 1096 (Ala. 2002) (reversed). Developed and presented evidence in rebuttal to State's audit of natural gas production and royalty payments as part of presentation at hearing on punitive damages. Worked with national auditing expert on oil and gas.
Evans v. General Parts, Inc., 723 So. 2d 1249 (Ala. 1998) (case alleging fraud against automobile parts distributor). Developed and presented evidence regarding operations and financial statements of plaintiff.
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996) (venue). Developed and analyzed financial information comparing pro forma provided to prospective investors to actual financial performance of hotel.
Mayhann v. General Parts, Inc., in the United States District Court for the Northern District of Florida, Panama City Division. Represented national automobile parts distributor in case alleging fraud and antitrust violations against distributor. Developed and presented evidence analyzing plaintiff's market share, business operations and damages claims.
Thomas Hall v. Koppers, Inc., in the United States District Court for the Middle District of Alabama. Represented plaintiff in personal injury action. Developed and presented evidence regarding plaintiff's future lost income.
United States v. Enzor, in the United States District Court for the Middle District of Alabama. Represented probate judge in case alleging tax and mail fraud regarding handling of license tag receipts. Presented evidence refuting government's claim that defendant had failed to report all of income.
Represented property and casualty insurance company seeking rate increase before the Commissioner of Insurance. Worked with actuaries who presented actuarial evidence in support of requested rate increase (pending).
Defended CPA before the Alabama State Board of Public Accountancy in case alleging violation of independence audit standards (pending).
Represented personal injury claimant in action against ALDOT before the State Board of Adjustment. Presented cost of life care plan and diminution of retirement benefits for personal injury claimant (pending).
Represented bank president in case alleging that president suppressed depositor's scheme to defraud investors. Analyzed and presented financial information regarding income and expenses and deposit accounting of depositor.
Represented, with others, investment bank in lender liability litigation. Analyzed and presented evidence regarding impact of cancelation of leases under co-tenancy provisions on prospective shopping mall development.
The audit committee of a small bank engaged us to conduct an internal investigation of a borrower's fraudulent loan scheme affecting twenty other borrowers' loans and also involving an employee. Coordinated with FBI and the U.S. Attorney resulting in indictment (with expected conviction) and recovery under fidelity bond.
The audit committee of a large financial services company engaged us to conduct an internal investigation of an employee's fraudulent use of customer information resulting in material losses to the company. Coordinated with external auditors concerning SAS 99 issues and followed through with FBI and U.S. Attorney resulting in conviction of employee, restitution and recovery under fidelity bond.
Coordinated the response of a large financial institution to a targeted series of grand jury subpoenas involving South American money-laundering. Worked with internal audit and compliance to complete investigation and to prepare regulatory response as well.
Represented auditing firm in action involving professional liability and duty to disclose mortgage loan fraud.
Representation of board of directors of Compass Bancshares, Inc. (NASDQ) on a continuing basis, including proxy fight with former executive and acquisition of banks in Florida, Alabama and Texas.
Representation of Vesta Insurance Group (NYSE) in connection with its acquisition of American Founders Financial Corporation.
Represented distributor of industrial wire and cable products in case alleging breach of contract, breach of warranty and fraud. Analyzed and presented evidence regarding costs of replacing cable in aircraft.
Local counsel, with others, for investment banks in case alleging fraud in the sale of securities of telecommunications company. Developed and analyzed evidence regarding alleged losses in the value of securities; reviewed and analyzed actuarial information regarding retirement plans of plaintiff.
Local counsel for drug manufacturer in Average Wholesale Price litigation.
Represented national ice cream manufacturer in multi-district litigation and four-week jury trial in patent, trademark and antitrust litigation.
Representation of State of Alabama and various state agencies in negotiations with MercedesBenz resulting in location of first automotive manufacturing plant in Alabama.
Representation of a Special Committee of the Board of Directors of Winslow Furniture (NASDQ) in leverage management buyout valued at approximately $280,000,000.
Representation of Stockham Valves & Fittings in the sale of its valve business to Crane Corporation involving approximately $60,000,000 in transferred assets located in the United States, the United Kingdom and Australia.
Representation of Birmingham Steel Corporation (NYSE) in connection with the formation of a production joint venture with Ivaco and the subsequent acquisition of over $100,000,000 of mini-mill and melt shop facilities.
Representation of Vesta Insurance Group (NYSE) in initial public offering of shares of subsidiary Affirmative Holdings, Inc. in July of 2004.
Representation of Vesta Insurance Group (NYSE) in connection with contested election of board of directors at 2005 annual meeting.