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.