2010
David Donaldson in The New York Times
David Donaldson was prominently featured on the front page of today's New York Times talking about predatory lending and “yield spread premiums” - one of
the fundamental causes of our mortgage and financial crisis. read more
Court Approves Final HealthSouth Settlements
On July 26, 2010, Judge Karon Bowdre approved our settlements with investment bank UBS Warburg for $100 million, and with auditor Ernst & Young for $33.5 million. These settlements bring the total amount recovered for HealthSouth Bondholders to approximately $230 million.
D&G served as Liaison Counsel to the
Lead Bondholder Plaintiff - the Retirement Systems of Alabama - and a
certified class of investors in HealthSouth bonds. read more
Dawn Evans Awarded "AV" Rating from Martindale-Hubbell
Congratulations to Dawn Stith Evans for receiving the prestigious "AV" peer review rating from Martindale-Hubbell. An "AV" rating indicates that Dawn's peers rank her at the highest level of professional excellence, for her legal knowledge, analytical capabilities, communication ability, judgment, and legal experience.
For more about Dawn, see her bio.
D&G Welcomes Star Mishkel Tyner
D&G welcomes its newest addition - Star Mishkel Tyner. Star will be litigating business cases and working on our securities, antitrust, consumer fraud and other financial class actions. For more about Star, see her bio.
D&G Welcomes Rex slate
We've known Rex since he clerked with us over a decade ago, and have followed his legal career closely since then. Rex has had great success as a trial lawyer, and we're pleased and proud to have him here. For more about Rex, see his bio.
Healthsouth Bond case - formal settlement notification
The court-approved settlement notice may be found here.
Healthsouth Bond case - new settlements announced
On April 22, 2010, Bondholder Plaintiffs - led by the Retirement Systems of Alabama - filed with the court settlements with investment bank UBS Warburg for $100 million, and with auditor Ernst & Young for $33.5 million.
These settlements bring the total amount recovered for HealthSouth Bondholders to over $230 million.
D&G serves as Liaison Counsel for the Retirement Systems of Alabama and a class of other HealthSouth bondholders in this litigation.
D&G Files Class Action on Behalf of Advantage Sales & Marketing reps
On April 14, 2010, D&G filed a nationwide class action on behalf of Retail Sales Merchandisers employed by Advantage Sales & Marketing, LLC who are assigned to work in Wal-Mart stores and who were required to work more than forty hours per week without overtime pay. Click here for more information.
David Donaldson & David Guin Honored in B-Metro Magazine
The March issue of B-Metro recognizes David Donaldson and David Guin as among the select few Birmingham attorneys who have "reached the highest levels of ethical standards and professional excellence."
2009
D&G Sponsors Make Way Partners' "Character in Service" program
Working with Make Way Partners, D&G sponsors the "Character in Service" program for Phillips Academy students in downtown Birmingham. The CIS program matches a school with a "lost boy" orphan from Sudan/Darfur, teaching students about awareness and compassion for the needs of others. Click here for a Fox 6 News story about the program, here for a general summary, or here for a video of the closing ceremony, where David Donaldson spoke to the children about the importance of character and helping others.
D&G Opens Chicago Office With Addition of John Wylie
Having worked extensively with John Wylie over the years, we are excited to have him join our firm as Of Counsel, and to open our new Chicago office. For more about John, see his bio
D&G Partners Named Among Best lawyers in Birmingham
In a survey of Birmingham lawyers, Birmingham Magazine has named David Donaldson and David Guin "Top Attorneys" in the category "Business Litigation," and Dawn Stith Evans was named a "Rising Star."The magazine made its selections based on a survey of Birmingham attorneys and used various factors to prevent bias in favor of large firms (as happens with many supposed attorney surveys that allow all the members of a firm to vote for each other).
HealthSouth Bondholder Class Certified
Judge Karon Bowdre certified our class of HealthSouth bond investors. Click here for a copy of the 66-page opinion. For more information on this bond litigation, contact David Guin.
D&G Files ERISA Class Action Regarding Colonial Bancgroup
D&G has filed an ERISA class action against the Trustees of the 401(k) retirement plan on behalf of former employees of Colonial Bancgroup, Inc. For more information, contact David Guin.
2008
$5.4 Million for Jefferson County Taxpayers - D&G successfully sued Jefferson officials to force the County to pay $5.4 Million of accrued interest to Taxpayers. Checks have been mailed to more than 11,000 Jefferson County, Alabama taxpayers. read more
Supreme Court hears D&G Bond Tax Constitutionality Case
The United States Supreme Court heard oral arguments in the Commonwealth of Kentucky’s appeal of our decision in Davis v. Dept. of Revenue, 197 S.W.3d 557 (Kentucky Court of Appeals 01/06/2006). read more
OSB Antitrust Update
D&G represents direct purchasers of Oriented Stand Board in a price-fixing class action against OSB manufacturers. The suits name as Defendants nine companies, which together control 95 percent of the OSB market in North America. read more
HealthSouth $445 Million Settlement Update
- Judge Bowdre appointed David Guin to act as Liaison Counsel for the HealthSouth bond investors. A $445 Million class action settlement has been reached with HealthSouth, certain of its former directors and officers, and certain of its insurance carriers. read more
2007
Winning Streak Continues
In the course of six weeks, D&G attorneys won three jury trials in business cases – two for the plaintiff business and one for a defendant business. The cases all involved the proper division of profits from closely held businesses. read more
Supreme Court hears D&G Bond Tax Constitutionality Case
The United States Supreme Court heard oral arguments in the Commonwealth of Kentucky’s appeal of our decision in Davis v. Dept. of Revenue, 197 S.W.3d 557 (Kentucky Court of Appeals 01/06/2006). The Davis case challenges Kentucky’s practice of imposing an income tax on the interest on municipal... read more
HealthSouth $445 Million Settlement Update
Judge Karon Bowdre of the U.S. District Court for the Northern District of Alabama, appointed The Retirement Systems of Alabama to act as Lead Plaintiff for all purchasers of HealthSouth corporate bonds in the pending securities litigation. Judge Bowdre appointed David Guin... read more
Class Certification and denials of motions to dismiss in In re OSB Antitrust Litigation
OSB is a plywood substitute manufactured by compressing multiple layers of thin wood shavings under intense heat and pressure. The lawsuit alleges that OSB manufacturers reduced OSB production by keeping OSB from the market through mill shutdowns, delaying or canceling construction of new OSB mills and buying OSB from competitors.
Donaldson/GUIN wins in business fraud case
A Jefferson County, Alabama jury awarded a $225,000 verdict to D&G client AJP, LLC, a company formed by Pravin Patel to purchase a Super 8 Motel in March, 2003. During negotiations prior to the purchase, Mohan Patel provided Pravin Patel with copies of purported Profit and Loss Statements for 2001 and 2002.
US Supreme Court agrees to hear appeal in D&G muni-bond case
The United States Supreme Court agreed to allow an appeal by the State of Kentucky in Davis v. Department of Revenue, 197 S.W.3d 557 (Kentucky Court of Appeals 01/06/2006). The Davis case challenges Kentucky’s practice of imposing an income tax.
Jury awards D&G client Rupesh Patel a defense verdict
A Bessemer, Alabama jury awarded a defense verdict to Rupesh Patel in a case filed in July of 2003 by a shareholder of a business operated by Rupesh. The Plaintiffs’ complaint falsely accused Rupesh of a variety of wrongful conduct, including fraud, mismanagement and misappropriation of corporate assets.
Donaldson/GUIN files suit on behalf of Jefferson County Taxpayers
Donaldson & Guin has filed suit against Jefferson County, Alabama challenging the county’s practice of allowing “overbids” when property is auctioned for delinquent property taxes. In addition to seeking to end the practice, the suit seeks interest that the county has earned on the excess funds held by the county.
$445 Million Settlement With HealthSouth Obtains Court Approval
On January 8, 2007, Judge Karon Bowdre, U.S. District Judge for the Northern District of Alabama, approved a $445 Million settlement with HealthSouth Corp. and certain of its officers and directors.
OSB Antitrust Litigation
A federal court has denied the defendants' motions to dismiss a class action lawsuit that Donaldson/GUIN filed against Louisiana-Pacific, Weyerhaeuser and other manufacturers of Oriented Stand Board (OSB), In re OSB Antitrust Litigation, 06-CV-00826 (E.D. Pa.). OSB is a plywood substitute manufactured by compressing multiple layers of thin wood shavings under intense heat and pressure. Our lawsuit alleges that during a time of increased demand for OSB, the manufacturers conspired to reduce OSB production, which caused the price of OSB to dramatically increase from 10-year lows at the end of 2002 to record highs by October of 2003.
2006
Municipal Bond Taxation Litigation
Donaldson/GUIN'S cases challenging the practice of taxing interest on out-of-state municipal bonds has generated considerable ink in the financial press. In a September 8, 2006 article in Bloomberg.com, entitled "Kentucky Bond Appeal May Transform Municipal Market" Bloomberg's Joe Mysak, quoting Oppehheimer Fund's Ron Fielding, called the case "a big, big deal" and stated that the Kentucky litigation could result in the "transformation of the entire municipal bond market, from one that is fragmented and regional to one that is national and consistent..." Other articles about the Kentucky decision in the national financial press included an article in the September 6, 2006 edition of the Wall Street Journal (page D2) entitled "Kentucky Muni-Bond Case May Have Broad Reach."
2004
HealthSouth Securities Litigation
The HealthSouth class actions have been the subject of numerous news articles. For example, see "[HealthSouth] Plaintiffs Seek Federal, State Tax Refunds," Birmingham Business Journal (Sept., 16, 2003).
City of Birmingham Corporate Welfare Payments to Wal-Mart.
In late 2003 Donaldson/GUIN filed suit against the City of Birmingham on behalf of a small, locally-owned business that pays its taxes and supports the Birmingham community. We believe that taxpayers' money should be used to pay teachers, police and firefighters, not to subsidize huge multinational corporations and drive small "mom and pop" stores out of business. Although our suit was not successful (it was dismissed on a procedural issue), our suit drew much-needed attention of the City's corporate welfare schemes. See "Retailer to Fight Wal-Mart Tax Breaks," Birmingham News, January 28, 2004.
2003
Guin Appointed to HealthSouth Steering Committee
David Guin was appointed by the Court to represent HealthSouth Bondholders on the Federal Steering Committee. See Order. The firm has been named Liaison Counsel for HealthSouth Bondholders.
Birmingham Magazine Features Donaldson/GUIN
Donaldson/GUIN was featured in the March, 2004 edition of Birmingham Magazine.
2002
Groundbreaking RESPA Litigation
Donaldson/GUIN'S RESPA ground-breaking RESPA class action were widely reported in the national press. See, for example, "How to Learn About Your Loan Fees," The Washington Post (page H01), (February 2, 2002).
2001
Bond Fraud Litigation
David Guin was quoted in Forbes Magazine in an article on the legal responsibilities of indenture trustees for municipal bonds. "See No Evil - How Closely Do Bond Trustees Watch Municipal Bond Coffers? Not Closely Enough," Forbes Magazine (Oct. 15, 2001).
RESPA Yield Spread Premium Litigation
"New HUD Rules Require Greater Disclosure of Loan Fees," The Washington Post, (October 16, 2001).
1999
RESPA Yield Spread Premium Litigation
"Lenders Stop Fighting New Disclosure Rules," Denver Post (Oct. 9, 2001); "Borrower Beware," Forbes Magazine (October 18, 1999).
1998
GA-Pacific Siding Settlement
"Settlement OK'd In Home Siding Case," The Birmingham News (Jan., 23, 1998); "Siding Lawsuit Deal Gets Nod,"Chattanooga Free Press (Jan 26, 1998); "Alabama Judge OK's Settlement in Georgia-Pacific Siding Suit," The Commercial Appeal (Jan., 24, 1998).
RESPA Yield Spread Premium Litigation
"A Mortgage Broker Fee on the Ropes," The New York Times (Jan., 25, 1998); "Appeals Court Nixes Mortgage Broker Ruling," The Birmingham News (Jan. 13, 1998); "Appeals Court Rules Some Fees Illegal," The Washington Post (January 24, 1998).
Securities Class Actions
"Collapse Of Merger Draws 3 More [MedPartners] Suits," The Birmingham News (January 16, 1998.
1997
Securities Class Actions
"Piper Jaffray Companies Settles Last of Derivatives Class Action Suits," Business Wire (October 23, 1997).
Law Practice
"Notification Companies' Find Plaintiffs for Class Actions," Lawyers Weekly USA (Jan. 27, 1977).
REPSA Yield Spread Premium Litigation
Mortgage Company Linked To Fee Lawsuit," The Birmingham News (Jan., 26, 1997).
1995
Siding Settlement
"Decision On Siding Applies To Georgian's Settlement, Allows Claims Against Firm," Atlanta Constitution (Oct., 10, 1995).
Bond Fraud
"SEC Charges Settled in Case Over First Humanics Bond Deals," The Bond Buyer (April 19, 1995).
Securities Reform Act
" Litigation Reform Critics Claim Bill Hurts Middle Class," The Journal Record (Mar. 23, 1995). "Bill To Limit Class Action Suits In Trouble," New Orleans Times Picayune (Mar. 23, 1995). "Bill Limiting Lawsuits Faces Change In Senate Critics call reforms 'immoral' because they would discourage middle class," Star Tribune (Mar. 23, 1995). "Limiting Securities Suits Hurts Investors, Critics Say," The Washington Times (Mar. 23, 1995).
"Senate Panel To Begin Lawsuit Reform Bill Deliberations," Dow Jones News (Mar. 22, 1995). "Senate Panel To Begin Deliberations On Lawsuit Reform Bill," Capital Markets Report (Mar. 22, 1995). "Critics of Litigation Reform Say Bill Hurts Middle Class, Associated Press (Mar. 22, 1995). "Critics Of Litigation Reform Say Bill Hurts Middle Class,"
The associated press political service (Mar. 22, 1995). "Senate Panel To Begin Lawsuit Reform Bill Deliberations," Dow JOnes International News (Mar. 22, 1995). "Securities Litigation Reform Opposed," United Press International (Mar. 22, 1995).
Law Practice
"Playing in the Courthouse," The American Lawyer (Mar. 1995).
1994
Securities Fraud
"Lawyers Expect More Investor Suits Over Derivative Instruments," The New York Times (Aug., 1 1994). " Lawyers Say More Investor Suits Likely," The Commercial Appeal," (Aug. 1, 1994).
"Investors Rush to Join Suits Over Derivatives," The New York Times (July 27, 1994).
"High Court Studies Securities Fraud Statute; Impact on Aiding and Abetting Cases Seen," The Banking Attorney (May 9, 1994).
"Outcome Of Case Before High Court May Sway Congressional Action On Fraud Ruling," The Bond Buyer (April 28, 1994).
"Supreme Courts Securities Fraud Ruling Has Congress Looking To Meet With SEC," The Bond Buyer (Ap. 26, 1994).
Albuteral Medication Class Action
"Bacteria Blamed in Deaths," Worcester Telegram & Gazette (Mar. 4, 1994).
1993
Birmingham News Feature Story on David Donaldson and David Guin
David Donaldson and David Guin were featured in a Birmingham News article about their securities litigation practice entitled "City Law Firm Scoring Wins In Big-Stakes Securities Cases" (page 10-C) (August 23, 1993). See also "Judge Approves $18.8 Million Enstar Settlement" Montgomery Advertiser (October 13, 1993).
Securities Fraud
"Ex-Comptronix Officer to Give Up Stock Valued at $1.84 Million," The New York Times (July 13, 1993); "Comptronix Lawsuit Settled," The New York Times (July 7, 1993); "Former Comptronix CEO Agrees to Give Up $2 Million in Stock," The Associated Press (July 21, 1993).
