David Guin

Partner

David J. Guin

205-503-4505 (Direct)
Fax: 205-226-2357

Legal Assistant : Tressy Wilson
Email: tressyw@dglawfirm.com
205-503-4506 (Direct)

Named by Birmingham Magazine as one of Birmingham's top business litigators, David Guin’s law practice emphasizes complex financial litigation on a national scale, often including securities and antitrust class actions. Although most securities class actions involve straightforward allegations of fraud in the wake of a sudden stock drop, Guin’s securities cases more often address particularly unique situations that require creative litigation approaches. His securities cases, for example, have involved premature redemptions of corporate bonds, complex mortgage derivatives, claims under the Investment Company Act of 1940 or state “Blue Sky” laws, municipal bond defaults, and non-standard securities, such as exotic derivative securities, and synthetic collateralized debt obligations (CDOs). His antitrust and racketeering (RICO) cases have involved construction products, oil and gas leases, chemical and herbicide pricing, and the misuse of patent litigation to eliminate competition in the generic pharmaceutical market.

Mr. Guin has received an “AV” peer-review rating from Martindale-Hubbell, the highest rating given by attorneys to their peers. He serves on the Editorial Board of Class Action Reports, a bi-monthly Thomson/West publication reporting on all aspects of class action litigation. Guin served from 1993-96 on the Executive Committee of the Board of Directors of the National Association of Shareholder and Consumer Attorneys (www.nascat.org) and represents the firm in the International Network of Boutique Law Firms (www.inblf.com). Guin has taken an active role in developing and commenting upon legislation that affects securities and class action litigation. For example, he testified before the Senate Banking Committee and submitted extensive written comments regarding the Private Securities Litigation Reform Act (PSLRA), and he and his clients in South Carolina National Bank v. Stone provided comments and testimony that aided in the crafting of Section 27A of the Securities Exchange Act, which revived claims that had been time-barred by Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350 (1991).

Guin attended David Lipscomb College (now, Lipscomb University) on a National Merit Scholarship and graduated with honors in 1982 with a B.S. degree in Applied Economics. Guin graduated from the University of Alabama School of Law where he served as a Senior Editor of the Alabama Law Review. During law school, Mr. Guin was a member of the Bench and Bar Legal Honor Society and was the recipient of the Hugo Black Scholar award. He received several AmJur "book" awards and received memorial scholarship awards. After graduation from law school, Mr. Guin served for one year as law clerk to United States District Judge Truman Hobbs, Chief Judge of the Middle District of Alabama.

Mr. Guin comes from a family of lawyers and judges. His grandfather (J. Foy Guin, Sr.) practiced as a country lawyer, representing both plaintiffs and defendants, in Russellville, Alabama for over 50 years. His father (Hon. J. Foy Guin, Jr.) is a sitting United States District Judge serving in the Northern District of Alabama (Birmingham), and his brother (Jay Guin) practices tax, municipal bond, and ERISA law in Tuscaloosa, Alabama. Mr. Guin regularly attends the Eleventh Circuit Judicial Conference.

Practice Areas:
Securities Litigation
Antitrust Litigation
Complex Litigation
Financial Litigation
Business Valuation Litigation
Derivative Securities Litigation
Class Action Litigation
Institutional Investors
Anti-Competitive Conduct
Price-Fixing Cases
Bond Default Litigation
Municipal Bond Litigation
Multi-District Litigation
Construction Product Defects and Price-Fixing
Discriminatory Interstate Taxation Litigation
Constitutional Law
Environmental Law
Consumer Class Actions

Educational Background:
B.S., cum laude, Applied Economics, David Lipscomb College, 1982
J.D., University of Alabama School of Law, 1985

Admitted to Practice:
Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Middle District of Alabama
U.S. District Court, Southern District of Alabama
U.S. Court of Appeals, 11th Circuit
U.S. Court of Appeals, 6th Circuit
U.S. Supreme Court

Guin also has been admitted to practice on a pro hac vice (case-by-case) basis in many other state and federal courts around the nation. Over the years, he has practiced in Florida, Georgia, South Carolina, North Carolina, D.C., Louisiana, Texas, Arizona, California, Oregon, Wyoming, Colorado, Illinois, Ohio, Pennsylvania, Connecticut, New York, Delaware, Tennessee, Kentucky, New Jersey, Michigan, Arkansas and Massachusetts.

Law Review Articles:
Guin, “Old Habits Die Hard: Some Courts Continue to Apply Bad Law When Addressing the Article III Standing of Class Representatives,” Vol 27 Class Action Reports No. 4, at 355 (July-August 2006)

Guin, "Eleventh Circuit Certifies RICO Class Action Against HMOs", RICO Law Reporter, Vol. 41, No. 2 (February 2005)

Guin, "Commentary," Class Action Reports, Vol. 25, No. 6 (November-December 2004)

Guin & Donaldson, "The Insider Trading and Securities Fraud Enforcement Act: Has
Congress Supplied a Limitations Period Appropriate for Use in Private Rule 10b-5 Actions?" 47 Washington & Lee Law Review 541 (1991).

Comment, "The Retirement Equity Act of 1984: One Step Forward, Two Steps Back," 37 Ala. L. Rev. 163 (1985) (addressing certain amendments to ERISA).

Law School Honors:
Alabama Law Review
Hugo Black Scholar
Bench & Bar Honor Society

Bar Associations:
International Network of Boutique Law Firms (www.inblf.com)

Alabama State Bar (Section on Antitrust and Business Torts; Environmental Law Section)

Birmingham Bar Association (Fee Arbitration Committee)

National Association of Securities and Consumer Attorneys (NASCAT), Executive Committee, 1992-96 (www.nascat.org)

Civic/Community:

Cahaba Riverkeeper, Board of Directors, 2008 - ; Board President, June 2009 -

Brookwood Baptist Church - Deacon, 2009- ; Adult Sunday School teacher, 2004-present; Chair, Finance Committee, 2008; Vice Chair, Finance Committee, 2007; Church Coordinating Council, 2008-2009; "Building Community" Task Force, 2005-2006; Parking Committee, 1998-2000

Also support and work with 10/40 Connections and Make Way Partners in their efforts to "do justice" and end human trafficking around the world.

Prior Positions:
1995-97, Partner/Shareholder, Hogan, Smith & Alspaugh, PC
1986-95, Partner/Shareholder, Ritchie & Rediker, PC
1985-86, Law Clerk, Hon. Truman Hobbs, Chief U.S. District Judge, United States District Court, Middle District of Alabama

Selected Published Decisions:
U.S. Supreme Court

Dept. of Rev. of Kentucky v. Davis, 553 U.S. 328, 128 S.Ct. 1801 (2008)

Irwin Mortg. Corp. v. Culpepper, 534 U.S.1118, 122 S.Ct. 930 (2002) (Denial of certiorari)

Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350 (1991) (Amicus for Bond Investor’s Association).

Circuit Courts of Appeal
Culpepper v. Irwin Mortg. Corp., 273 F.3d 1118 (11th Cir. 2001).

Musson Theatrical, Inc. v. Federal Exp. Corp., 89 F.3d 1244 (6th Cir. 1996).

Freeman v. Laventhol & Horwath, 34 F.3d 333 (6th Cir. 1994).

U.S. District Court
In re OSB Antitrust Litigation, 2007 WL 2253418 (E.D. Pa. 2007)

In re OSB Antitrust Litigation, 2007 WL 2253419 (E.D. Pa. 2007)

In re Copley Pharmaceutical, Inc., Albuterol Products Liability Litigation, 50 F.Supp.2d 1141 (D.Wyo. 1999).

Sebago, Inc. v. Beazer East, Inc., 18 F.Supp.2d 70 (D. Mass. 1998).

Peters v. Brants Grocery, 990 F.Supp. 1337 (M.D. Ala. 1998).

In re Copley Pharmaceutical, Inc., 158 F.R.D. 485 (D. Wyo. 1994).

In re Comptronix Securities Litigation, 831 F.Supp. 1563 (N.D. Ala. 1993).

In re Ford Motor Co. Ignition Switch Products, 1999 WL 34824273 (D. N.J. July 27, 1999).

U.S. Fidelity & Guar. Co. v. Patriot's Point Development Authority, 788 F.Supp. 880 (D. S.C. 1992).

U.S. Fidelity & Guar. Co. v. Patriot's Point Development Authority, 772 F.Supp. 1565 (D. S.C. 1991).

South Carolina Nat. Bank v. Stone, 139 F.R.D. 335 (D. S.C. 1991).

South Carolina Nat. Bank v. Stone, 139 F.R.D. 325 (D. S.C. 1991).

South Carolina Nat. Bank v. Stone, 749 F.Supp. 1419 (D. S.C. 1990).

Mashburn v. National Healthcare, Inc., 684 F.Supp. 679 (M.D. Ala. 1988).

Mashburn v. National Healthcare, Inc., 684 F.Supp. 660 (M.D. Ala. 1988).

State Appellate Courts
Dunn v. North Carolina, 635 S.E. 2d 604 (N.C. App. 2006), appeal dismissed as rev. improvidently granted, --- S.E.2d ----, 2007 WL 4276659 (N.C. Dec. 7, 2007).

Davis v. Department of Revenue, 197 S.W. 3d 557 (Ky. App., 2006), rev'd, Department of Revenue v. Davis, 128 S.Ct. 1801 (2008)

Musson Theatrical, Inc. v. Federal Express Corp., 2001 WL 370035 (Tenn. Ct. App., Apr 12, 2001).

Ex parte State Mut. Ins. Co., 715 So.2d 207 (Ala. 1997).

Quoted In:
Law Reviews:
Dana M. Muir, "From Yuppies To Guppies: Unfunded Mandates And Benefit Plan Regulation", 34 Ga. L. Rev. 195 (Fall, 1999)

A.C. Pritchard, "Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers", 85 Va. L. Rev. 925 (September, 1999)

Steven A. Ramirez, "Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous", 40 Wm. & Mary L. Rev. 1055 (April, 1999)

Julia C. Kou, Note, "Closing The Loophole In The Private Securities Litigation Reform Act Of 1995", 73 N.Y.U. L. Rev. 253 (April, 1998)

Richard H. Walker, "The New Securities Class Action: Federal Obstacles, State Detours", 39 Ariz. L. Rev. 641 (Summer, 1997)

News Media:

1/16/2004
Birmingham Business Journal
[HealthSouth] Plaintiffs Seek Federal, State Tax Refunds

8/23/93
The Birmingham News
City Law Firm Scoring Wins in Big Stakes Securities Cases

10/15/2001
Forbes
See No Evil - How Closely Do Bond Trustees Watch Municipal Bond Coffers? Not Closely Enough

Investor's Business Daily
What To Do When Your Stock Crumbles

The Birmingham News
A Derivatives Primer

March 1995
The American Lawyer
Plugging In The Courthouse

1/26/1998
Chattanooga Free Press
Siding Lawsuit Deal Gets Nod

1/24/1998
The Commercial Appeal
Alabama Judge OK's Settlement in Georgia-Pacific Siding Suit

1/23/1998
Birmingham News
Settlement OK'd In Home-Siding Case

1/16/1998
The Birmingham News

10/23/1997
Business Wire
Piper Jaffray Companies Settles Last of Derivatives Class Action Suits

1/27/1997
Lawyers Weekly USA
'Notification Companies' Find Plaintiffs for Class Actions

4/23/1996
Atlanta Journal and Constitution
$275 Million Settlement OK'd In Suit Over Siding

10/191995
Atlanta Constitution
Decision On Siding Applies To Georgian's Settlement, Allows Claims Against Firm

4/19/1995
The Bond Buyer
SEC Charges Settled in Case Over First Humanics Bond Deals

3/23/1995
The Journal Record
Litigation Reform Critics Claim Bill Hurts Middle Class

3/23/1995
The New Orleans Times Picayune
Bill To Limit Class Action Suits In Trouble

3/23/1995
Star Tribune Newspaper
Bill Limiting Lawsuits Faces Change In Senate
Critics call reforms 'immoral' because they would discourage middle class

3/23/1995
The Washington Times
Limiting Securities Suits Hurts Investors, Critics Say

3/22/1995
Dow Jones News Service
Senate Panel To Begin Lawsuit Reform Bill Deliberations

3/22/1995
Capital markets report
Senate Panel To Begin Deliberations On Lawsuit Reform Bill

3/22/1995
The Associated Press
Critics of Litigation Reform Say Bill Hurts Middle Class

3/22/1995
The associated press political service
Critics Of Litigation Reform Say Bill Hurts Middle Class

3/22/1995
Dow Jones International news
Senate Panel To Begin Lawsuit Reform Bill Deliberations

3/22/1995
United Press International
Securities Litigation Reform Opposed

4/19/1995
The Bond Buyer
SEC Charges Settled In Case Over First Humanics Deal

8/1/1994
The New York Times
Lawyers Expect More Investor Suits Over Derivative Instruments

7/27/1994
The New York Times
Investors Rush to Join Suits Over Derivatives

5/9/1994
The Banking Attorney
High Court Studies Securities Fraud Statute; Impact on Aiding and Abetting Cases Seen

4/26/1994
The Bond Buyer
Supreme Courts Securities Fraud Ruling Has Congress Looking To Meet With SEC

4/28/1994
The Bond Buyer
Outcome Of Case Before High Court May Sway Congressional Action On Fraud Ruling

3/4/1994
Worcester Telegram & Gazette
Bacteria Blamed in Deaths [re our class action alleging contamination of albuterol medication]

8/1/1994
Commercial Appeal
Lawyers Say More Investor Suits Likely

7/13/1993
The New York Times
Ex-Comptronix Officer to Give Up Stock Valued at $1.84 Million

7/12/1993
The Associated Press
Former Comptronix Executive to Give Up Stock Valued at $1.84 Million

7/7/1993
The New York Times
Comptronix Lawsuit Settled

7/2/1993
The Associated Press
Former Comptronix CEO Agrees to Give Up $2 Million in Stock

4/23/1993
PR Newswire
Peat Marwick Issues Comptronix Press Statement

7/6/1992
The Bond Buyer
Deloitte & Touche, Price Waterhouse Settle With First Humanics Bondholders

11/29/1991
The Bond Buyer
Congress Votes to Overturn High Court Provision Limiting Action on Past Fraud

11/11/1991
Public Finance/Washington Watch
Ohio Court Backs Lampf; Dismisses Fraud Case

10/30/1991
The Bond Buyer
First Humanics Case Becomes the Latest Subject of New Limits on Antifraud Suits

7/2/1991
The Bond Buyer
Investors to Petition U.S. Supreme Court for Change in Ruling on Securities Fraud

6/27/1991
The Bond Buyer
High Court Ruling Places Limitations on Bondholder Suits in Defaulted Issues