Select Matters
- Insurance Brokerage Breakup: Represented departing insurance brokers against former employer, arguing that termination of employment for cause was in bad faith and precluded injunctive relief, that former employer was estopped from contesting professional status of departing brokers, that stand-along "no accept" clauses without solicitation, are not enforceable, etc. (Cobbs, Allen & Hall, Inc. and CAH Holdings, Inc. v. EPIC Holdings, Inc., et al., No. 1140909 (Ala. Dec. 18, 2015))
- Intellectual Property: Argued that artist plaintiff granted defendant company an implied nonexclusive license to use and distribute his illustrations, and artist's post-delivery copyright declaration was not enforceable as part of his license agreement with company. (Karlson v. Red Door Homes, LLC, 611 Fed.Appx. 56 (11th Cir. May 7, 2015))
- Banking: Served as amicus counsel for Alabama Bankers Association in arguing that Alabama's statute of frauds for loans barred defaulting real estate developers' claims for fraud etc., Supreme Court reversed and rendered for bank. (Branch Banking & Trust Co. v. Nichols, No. 1130631, 2015 WL 1877666 (Apr. 24, 2015))
- Products Liability: Served as amicus counsel for Business Counsel of Alabama in successfully arguing to overturn trial court's order requiring manufacturer to allow plaintiff's expert to take an on-site visit to plant where tire in question was made because the manufacturer's equipment and processes were trade secrets and trial court ordered manufacturer to disclose trade secrets without requiring plaintiff to meet necessity-relevance burden. (Ex parte Michelin North America, Inc., 161 So. 3d 164 (Ala. 2014))
- Class Action: Drafted mandamus petition that obtained order of answer and briefs and stay of trial court proceedings in class action case that was part of multi-forum strategy against defendant; petition argued that a four-year delay in deciding class certification issue was excessive, discovery should be confined to class certification issues, and discovery requested was unduly burdensome; case settled. (Ex parte Safety-Kleen Systems, Inc., No. 1131044 (Ala. 2015))
- Products Liability: Served as amicus counsel for Alliance of Automobile Manufacturers, Inc. and Association of Global Automakers, Inc. in successfully arguing for more comprehensive protective order to limit plaintiffs' access to electronic control unit that governed airbag functions in wrongful death case. (Ex parte Robert Bosch LLC, 177 So. 2d 884 (Ala. 2015))
- Municipal Law: Represented private company in upholding zoning and annexation ordinances to open a new rock quarry. (Gibbons v. Town of Vincent, 124 So. 3d 723 (Ala. 2012))
- Administrative Law: Primary drafter of briefs for Trinity Hospital that obtained reversal of trial court's ruling that had reversed certificate of need for occupying Digital Hospital building in Birmingham, (Affinity Hosp., LLC v. St. Vincent's Health Sys., Nos. 2111014, 2111015, 2111062, 2111063, 2012 Ala. Civ. App. LEXIS 321 (Ala. Civ. App. Nov. 30, 2012))
- Commercial Disputes: Represented apartment complex in reversing ruling for cable company that denied apartment complex's claim for wrongful injunction damages when surety bond was discharged. (Sycamore Mgmt. Group, LLC v. Coosa Cable Co., 81 So. 3d 1224 (Ala. 2011))
- Administrative Law: Represented healthcare company, which had obtained certificate of need to finish vacant hospital building and relocate there, on mandamus proceeding leading to reversal of circuit court's order which had remanded case to State Health Planning and Development Agency for re-trial based on certain evidence that was not new. (Ex parte Affinity Hosp., LLC, 85 So. 3d 1033 (Ala. Civ. App. 2011))
Publications
News
Speaking Engagements
Credentials
Education
- Washington & Lee University School of Law, J.D., 1993, magna cum laude
- The University of Alabama, Masters in Tax Accounting, 1986
- The University of Alabama, B.S., Accounting, 1985, summa cum laude (First in Class)
Courts
- Supreme Court of Alabama, 1993
- U.S. Supreme Court, 2002
- U.S. Court of Federal Claims, Washington D.C., 2003
- U.S. Tax Court, 1995
- U.S. Court of Appeals, Federal Claims, 2007
- U.S. Court of Appeals, District of Columbia Circuit, 2003
- U.S. Court of Appeals, Second Circuit, 2005
- U.S. Court of Appeals, Fifth Circuit, 2003
- U.S. Court of Appeals, Ninth Circuit, 2003
- U.S. Court of Appeals, Eleventh Circuit, 2003
Bar Admissions
- Alabama, 1993
Professional Affiliations
- American Academy of Appellate Lawyers, Fellow
- Alabama Law Foundation, Fellow
- Alabama Bar Association, Appellate Practice Section
- Alabama Defense Lawyers Association, Amicus Committee
- DRI - Lawyers Representing Business, Appellate Advocacy
- Chair, Standing Committee on the Alabama Rules of Appellate Procedure
- Alabama State Advisory Committee of the U.S. Commission on Civil Rights, Former Member
Awards & Accolades
- Chambers USA, Litigation: Appellate (Band 1)
- The Best Lawyers in America®, Appellate Practice (Lawyer of the Year 2019), Energy Law
- Mid-South Super Lawyers, 2014 - present
- Martindale Hubbell, AV Preeminent
- Birmingham Magazine, Top Attorney, 2018 & 2020
Clerkships
- U.S. Court of Appeals, Fifth Circuit, Honorable E. Grady Jolly, 1993 - 1994
- Supreme Court of Alabama, Honorable Harold See, 1996 - 1998