GREGORY CARL COOK is Co-Chair of the Business Litigation Practice Group at Balch & Bingham LLP where he has practiced since 1991.  He was recently appointed Co-Chair of the ABA Class Action & Derivative Suits Committee and Chair of the Business Torts and Antitrust Section of the Alabama State Bar. His practice centers on commercial litigation, with a concentration on complex litigation. Since joining Balch & Bingham LLP in 1991, Mr. Cook has focused his practice in the area of business and financial services litigation, including concentrating on class action defense (involved in defending over 50 class actions).  More recently, Mr. Cook has defended a number of actions and class actions arising out of the mortgage and subprime crisis, including matters for loan servicers, lenders, title insurance agents and settlement services providers. Mr. Cook is listed in Best Lawyers in commercial litigation, has been rated "AV" by Martindale Hubbell and was selected by Super Lawyers in Business Litigation.

Among the matters that Mr. Cook has handled are a number of business and financial services litigation (including mortgage litigation). These have included:

• RESPA and Mortgage Class Actions
• Credit Card Fraud by Merchants and ISO's
• Breach of Merchant Processing Contracts
• Escrow Class Action
• Litigation over Improper Actions by Real Estate Closing Attorneys
• Interpleader Actions
• Check Litigation
• Identity Theft
• Litigation relating to duties of financial institutions to maintain insurance
• Bank Fraud
• Litigation over improper imposition of fees on home loans
• ECOA Class Action
• Class Actions regarding PBM reimbursements (and PBM antitrust claims)
• Fair Credit Reporting Act
• Fair Debt Collection Practices Act
• Alabama State Tax Litigation relating to Financial Institutions
• Satellite Dish Financing (derivative liability for purchasing paper)

Over the past years, he has also handled other complex business litigation involving antitrust issues, non-competition agreements, computer software and trade secrets, minority shareholders oppression and shareholder derivative suits, among others.

In his energy practice, Mr. Cook has been involved in litigation relating to (1) adequate assurances under forward power contracts, (2) natural gas churning on EOL, (3) antitrust violations relating to certain natural gas pipelines in the West, (4) manipulations of the western power market by Enron and others through (among many things) the use of imbalance provisions in various control area tariffs. He has also worked on, among many other things, several CERCLA cost recovery cases for energy companies, real property disputes for energy companies and their affiliates, workers' compensation and retaliation claims for energy companies and their affiliates.

Representative Experience

• • Ex parte Textron, Inc., 2011 WL 118255 (Ala. Jan. 14, 2011)
  • Ex parte Attorney General Troy King, 2010 WL 3724913 (Ala. Sept. 24, 2010)
  • Pawlak v. BBVA USA Bancshares, Inc., et al, 2010 WL 3119909 (S.D.Tex. Aug. 4, 2010)
  • In re Le-Nature’s, Inc., 2010 WL 1904020 (W.D.Pa. May 6, 2010)
  • Pearson's Pharmacy, Inc. v. Express Scripts, Inc., 2010 WL 1841877 (11th Cir.);  2007 WL 1655993 (M.D.Ala. June 7, 2007)
  • Fanin v. United States Dept. of Veterans Affairs, 2009 WL 1677233 (11th Cir.)
  • Southland Bank v. A & A Drywall Supply Co., Inc., 21 So.3d 1196 (Ala. 2008)
  • Whitney National Bank v. Safety Guide of Alabama, Inc., 2008 WL 5045065 (M.D.Ala. Nov. 21, 2008)
  • In re Barnes (Barnes v. FGL Clearwater, Inc. d/b/a/ American Debt Arbitration), 2008 WL 4911242 (Bkt.N.D.Ala. Nov. 13, 2008)
  • Edwards v. Accredited Home Lenders, Inc.; Lender's First Choice, Inc., 2008 WL 2952075 (S.D.Ala. July 29, 2008)
  • Mallory v. GMS Funding, LLC, 2008 WL 276578 (S.D.Ala. Jan. 30, 2008)
  • Sierra Pacific Resources, Nevada Power Company v. El Paso Corp., et al., 2007 WL 2753048 (9th Cir. Sept. 21, 2007)
  • Boudin v. ATM Holdings, Inc., 2007 WL 1841066 (S.D.Ala. June 27, 2007); 2007 WL 2023466 (S.D.Ala. July 10, 2007)
  • Heffner v. Blue Cross and Blue Shield of Alabama, Inc., 443 F.3d 1330 (11th Cir. 2006)
  • North Jackson Pharmacy, Inc. v. Express Scripts, Inc., 345 F.Supp.2d 1279 (N.D.Ala. 2004)
  • Ex parte Michael Williams, 895 So.2d 924 (Ala. 2004)
  • Alabama Power Company v. Kevin Aldridge, 854 So.2d 554, 19 IER Cases 676 (Ala. 2002)
  • Lightwave Technologies, LLC v. Escambia County, 804 So.2d 176 (Ala. 2001)
  • David G. Harlow v. Sloss Industries Corp., 813 So.2d 879 (Ala.Civ.App. 2001)
  • Ex parte Kimberly-Clark Corp., 779 So.2d 178 (Ala. 2000)
  • Southdown, et al. v. Allen, 119 F. Supp. 2d 1223 (N.D. Ala. 2000)
  • Investment Management & Research, Inc. v. Hamilton, 727 So. 2d 71 (Ala. 1999)
  • Lackey v. Central Bank of the South, 710 So. 2d 419 (Ala. 1998)
  • Ex parte City of Guntersville, 728 So. 2d 611 (Ala. 1998)
  • Ex parte Federal Exp. Corp., 718 So. 2d 13 (Ala. 1998)
  • First Tennessee Bank, N.A. v. Snell, 718 So. 2d 20 (Ala. 1998)
  • Spriggs v. Compass Bank, 742 So. 2d 178 (Ala. Civ. App. 1997)
  • Ex parte State Mut. Ins. Co., 715 So. 2d 207 (Ala. 1997)
  • Ex parte Ford Motor Credit Co., 717 So. 2d 781 (Ala. 1997)
  • Ex parte Watley, 708 So. 2d 890 (Ala. 1997)
  • Breeden v. Alabama Power Co., 689 So. 2d 170 (Ala. Civ. App. 1997)
  • Ex parte Dunlop Tire Corp. (Re: Sanders v. Dunlop Tire Corp.), 706 So.2d 729 (Ala. 1997)
  • Ex parte Compass Bank (Re Qanadilo v. Compass Bank), 686 So.2d 1135 (Ala. 1996)
  • Doremus v. Business Council of Alabama Worker's Compensation Self-Insurers Fund, 686 So. 2d 252 (Ala. 1996)
  • Farmer v. Hypo Holdings, Inc., 675 So.2d 387 (Ala. 1996)
  • In the Matter of Chalk Line Manufacturing, Inc. Chalk Line Manufacturing, Inc., et al. v. Frontenac Venture V Limited Partnership, 184 B. R. 828 (N.D. Ala. 1995)
  • Ex parte Alabama Ins. Guaranty Association (Re: Hinkle v. Alabama Ins. Guaranty Association), 667 So.2d 97 (Ala. 1995) 
  • Sullivan, Long & Hagerty, Inc. v. Goodwin, 658 So. 2d 493 (Ala. Civ. App. 1994)
  • Watts Bldg. Corp. v. Schoel, Ogle, Benton, Gentle and Centeno, 598 So. 2d 832 (Ala. 1992)
     

PROFESSIONAL ACTIVITIES

• • Co-Chair Class Action and Derivative Suits Committee (American Bar Association); Previously Subcommittee Chair for Programs
  • Alabama State Board of Bar Examiners, Subject Matter Expert (formerly)
  • Chair of the Business Torts and Antitrust Section of the Alabama State Bar 
  • Alabama Lawyer Board of Editors; Unauthorized Practice of Law Committee
  • Fellow, American Bar Foundation
  • Birmingham Bar Association, previously Civil Practice Committee, Bulletin Committee, Formerly Professional Ethics Committee, Continuing Legal Education,
  • Alabama Defense Lawyers Association, Amicus Committee
  • Birmingham Inns of Court, Master of the Bench
  • Member of Alabama Law Institute’s Committee on Uniform Law on Notarial Acts and Committee on Uniform Unsworn Foreign Declarations Act
  • Listed in The Best Lawyers in America, 2011-2012

COMMUNITY RELATIONS

• • Alabama Republican Party, State Executive Committee
  • Jefferson County Republican Party, Steering Committee and Executive Committee; General Counsel 
  • Boy Scouts of America, Assistant Scoutmaster, Troop 97 Greater Alabama Council; Former Chairman of Birmingham Explorer Service Team; Former leader of Firm's Explorer Post
  • Harvard Law School Class Agent
  • Christian Legal Society, Birmingham Chapter, Pro Bono Coordinator

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