MICHAEL D. WATERS is a Partner in the firm’s Birmingham Office. He is a member of the firm's Credit Crisis Group, a special team of lawyers working on challenges created by the current disruptions in the credit and other capital markets. Mr. Waters practices in the areas of corporate, securities and banking law. In particular, Mr. Waters has extensive experience in the following: - Bank, mortgage company and other financial institution mergers and acquisitions
- Bank regulatory issues, including negotiation with federal and state bank regulators regarding capital, management and enforcement issues
- New bank formations
- Public and private securities offerings
- Public company representation, including proxy solicitations, periodic reporting and disclosure issues
- Representation of clients before the Alabama Securities Commission
- General corporate and other entity work including advice to shareholders and directors
- Formation of limited liability companies and related issues
Mr. Waters has also served as an expert witness in cases involving corporate and securities law issues. In 1979 and 1980, Mr. Waters served on the staff of Governor Fob James as Legal Advisor to the Governor. While Legal Advisor to the Governor, Mr. Waters supervised the drafting of Governor James’ proposed Constitution that was introduced in the 1979 session of the Alabama Legislature.
Mr. Waters serves as an adjunct professor at the University of Alabama law school, teaching courses in banking law and corporate mergers and acquisitions.
PROFESSIONAL ACTIVITIES
- Montgomery County Bar Association
- Alabama State Bar
- District of Columbia Bar
- Alabama State Board of Bar Examiners, Chairman, 1991-1994; Member 1987-1994
- Alabama Law Institute, Member, 1989 - Present
- Farrah Law Society, Board of Trustees, 1992 - Present
- Alabama State Bar, Task Force on Admissions, Chairman, 2003-2006
- Alabama State Bar, Task Force on Bar Examinations, Member, 1997
- Listed in The Best Lawyers in America, 2005 - 2006 Edition
- Listed in Alabama Super Lawyers, 2008
RECENT PUBLICATIONS
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Winter 2007
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"The Securities Act of Alabama - Recent Developments in the Evolution of Alabama's Blue Sky Law".
Alabama Law Review
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"The Securities Act of Alabama - Its Continued Evolution and the Curious Leap of Faith".
Cumberland Law Review, Vol. 309
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December 1998
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"Solicitation" Under the SEC's Proxy Rulse: Charting the Safe Harbor for Shareholder Communication.
Jones Law Review, Vol. 2, No. 1
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Proxy Regulation.
Practicing Law Institute
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"Issues in the Sale of a Small Business Under the Alabama Business Corporation Act".
Alabama Lawyer Vol. 338, Vol. 51
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"The Sale of Retail Repurchase Agreements by Banks and Savings and Loan Associations-Issues for Legal Counsel and Bank Management".
Alabama Lawyer, Vol. 43, p.283
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"Sophistication and the Private Offering of Securities in Alabama".
Alabama Lawyer, Vol. 44, p. 240
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"Representing Vendor and Vendee in a Single Transaction: A Strict View of Conflicting Interest".
Journal of the Legal Profession, Vol. 2, p. 133
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- The University of Alabama School of Law, J.D., 1977, Editor, The Journal of the Legal Profession; Omicron Delta Kappa; Law Clerk to General Counsel, the University of Alabama System, 1975-77; Best Comment, The Journal of the Legal Profession.
- Oxford University, England, M.A., Philosophy, Politics and Economics, 1975, Rhodes Scholar.
- Duke University, B.A., History, 1972, cum laude; Member, Old Trinity Club (Senior Honorary); Phi Eta Sigma; Pi Kappa Phi fraternity;
Administrative Secretary, Associated Students of Duke University (Student Government).
- District of Columbia, 1980
- Alabama, 1977
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Pam Gragg
Legal Assistant
(205) 488-5474
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