Dylan Black focuses his practice on complex civil litigation in state and federal courts, with particular emphasis on professional liability, class action, state and federal securities fraud cases, and insurance coverage litigation. Dylan’s experience in professional liability litigation includes the defense of public accounting and auditing firms, outside directors, audit committee members, and lawyers in a variety of cases. These matters have involved both publicly traded and privately held companies and have arisen in the context of securities class actions, litigation with bankruptcy trustees, and shareholder derivative suits. Dylan has also represented financial institutions, retailers, and other service providers in class action cases alleging violations of various federal statutes as well as state-law causes of action. Dylan has represented insureds in coverage disputes with their insurers in a variety of contexts, including coverage for personal injury, professional liability, and commercial general liability claims. In addition, Dylan represented Jefferson County, Alabama, in various litigation matters with its creditors before and during the county’s Chapter 9 bankruptcy case. Dylan has tried both jury and non-jury cases to verdict in Alabama state court and has argued cases in the Eleventh Circuit Court of Appeals.
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.
- Defense of 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 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 movie-theater chain against efforts to certify a nationwide plaintiff class in a case alleging violations of the Fair and Accurate Credit Transactions Act (FACTA).
- Defense of 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.
- Representation of a pepper spray manufacturer in a personal injury case.
- Representation of an automobile manufacturer in an insurance coverage dispute arising from a personal injury case
- 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.