Dylan has handled several cases in which his clients were accused of breaching fiduciary duties, committing professional negligence, or violating securities laws. These cases include:Defense of the outside directors of a privately-held Alabama corporation who were accused by dissenting shareholders of breaching their fiduciary duties in connection with the negotiation of the sale of the company. The case was dismissed during discovery as a result of an extremely favorable settlement for Dylan’s clients.Defense of a Big Four accounting firm in a case alleging violations of state securities laws. The case was dismissed as preempted by the Securities Litigation Uniform Standards Act, a result affirmed by the Alabama Supreme Court.Currently defending the outside directors of a publicly-traded energy company against allegations of having breached fiduciary duties and committed corporate waste.Defense of the audit committee members and outside directors of a publicly-traded retailer in a federal securities class action case brought by the company’s shareholders and bondholders and in related litigation brought by the company’s bankruptcy trustee.Successful defense of a Big Four accounting firm against allegations of professional negligence and breach of contract in performing its audits of a publicly-traded insurance holding company.
Dylan’s experience also includes a variety of class action and other complex litigation matters. Some highlights of his recent experience in these matters include:Successful defense of a chain of movie theaters against efforts to certify a nationwide plaintiff class in a case alleging violations of the Fair and Accurate Credit Transactions Act (FACTA).Currently defending a publicly-traded convenience store/gas station chain against allegations of FACTA violations in a putative class action.Successful defense of a waste disposal services company in a putative statewide class action alleging that certain fees charged to the company’s clients were excessive and unlawful. After class-related discovery, the class claims were dismissed, and the case was resolved as an individual action.Successful defense of various clients in the mortgage industry against efforts to certify plaintiff classes in cases alleging violations of the Real Estate Settlement Procedures Act (RESPA) and improper payments of yield spread premiums.