Dylan has litigated professional liability cases in state and federal courts in Alabama over the past 15 years. His 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 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 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 was a co-editor of The Law of Lawyers’ Liability (First Chair Press, 2012), a 50-state compendium of the law applicable to legal malpractice claims. As Chair of the 50-State Subcommittee of the ABA Section of Litigation’s Professional Liability Litigation Committee, Dylan is leading the development of a similar 50-state compendium of the law related to claims of accounting malpractice. Dylan is also a regular contributor to the Committee’s News and Notes publication.
Listed in The Best Lawyers in America® Commercial Litigation, 2012-2022 Product Liability Litigation – Defendants, 2018-2022 Litigation – Insurance, 2021-2022 Listed in B-Metro,"Top Lawyers," 2019-2020 Listed in Mid-South Super Lawyers, Professional Liability: Defense, 2016-2021 Listed in Alabama Super Lawyers, Professional Liability: Defense, 2014-2015 BTI Client Service All-Star, 2013 Grimes v. Rave Motion Pictures Birmingham, L.L.C. 2:07-cv-1397-WMA (N.D. Ala.), filed 2007. Class certification of putative nationwide class action alleging violations of FACTA relating to improper truncation of account numbers on receipts was denied as to our client. Harris v. Mexican Specialty Foods, Inc., 564 F.3d 1201 (11th Cir. 2009) Upholding the constitutionality of FACTA but preserving for a later time the issue of whether awards under FACTA could be held constitutionally excessive. Ex parte Smith, 942 So. 2d 356 (Ala. 2006) Case affirming the existence of the attorney-client privilege for outside directors who retain their own counsel. Joelsongs et al. v. Shelley Broadcasting Co., 491 F. Supp. 2d 1080 (M.D. Ala. 2007) and Simpleville Music et al. v. Mizell, 451 F. Supp. 2d 1293 (M.D. Ala. 2006) Cases involving the non-applicability of certain defenses to claims for copyright infringement by unauthorized radio broadcast of musical compositions. BT Securities Corp. v. W.R. Huff Asset Management Co., L.L.C., 891 So. 2d 310 (Ala. 2004) Opinion affirming the dismissal of state law securities fraud claims as preempted by the Securities Litigation Uniform Standards Act. AAL High Yield Bond Fund v. Deloitte & Touche LLP, 361 F.3d 1305 (11th Cir. 2004) Opinion regarding the permissive scope of a bar order under the PSLRA and the controlling effect of pre-PSLRA precedent, an issue later conclusively determined by the Eleventh Circuit in a different case, In re Healthsouth Sec. Litig., 572 F.3d 854 (11th Cir. 2009). Victor Stephens v. Michael Haley In 1993, the firm began representing Victor R. Stephens in his post-conviction challenges to his capital conviction and death sentence. In 1987, a Hale County, Alabama, jury had convicted Mr. Stephens of murdering a convenience store owner, who had shot Mr. Stephens during a robbery at the store. The jury recommended a life without parole sentence, but the judge overrode the jury and sentenced Mr. Stephens to death. Initially, the firm served as local counsel. In 1997, Bradley took over as lead and only counsel. Over about 20 years, the firm worked over 3,000 hours representing Mr. Stephens. On October 7, 2011, the U.S. District Court for the Southern District of Alabama ordered the State of Alabama to give him a new trial. Stephens v. Haley, 823 F. Supp. 2d 1254 (S.D. Ala. 2011) (awarding new trial based on prosecution’s Batson violations during 1987 trial). On May 18, 2012, Mr. Stephens pled guilty to a single count of murder and received a life without parole sentence, which overlaps with his life without parole sentence on another 1987 conviction. Mr. Stephens has now been permanently removed from death row. Environmental Criminal Defense Advised governmental client in connection with criminal Clean Water Act investigation. Included execution of search warrant by government agents.