Augusta S. DowdShareholder, Vice President & Managing Lawyer

Biography

Ms. Dowd has over thirty years of experience as a trial lawyer primarily in civil and complex litigation and white collar criminal defense.  She practices in federal and state courts including appellate courts, as well as in administrative proceedings and arbitrations. She represents both plaintiffs and defendants in a broad spectrum of cases including business, civil, class action, complex litigation, personal injury, mass tort, pharmaceutical, environmental tort actions, whistleblower, and regulatory matters. She has extensive experience representing defendants in white collar crime and criminal environmental matters. Additionally, she handles executive severance and compensation matters and provides mediation and arbitration services.

Prior to White Arnold & Dowd:

  • Federal Judicial Clerkship – United States District Court, Honorable Seybourne H. Lynne (1982-1983)
  • Lange, Simpson, Robinson & Somerville of Birmingham, Alabama (1983-1995)

Ms. Dowd is married to David D. Dowd, III and has three children, Bevan, Grace and David IV.

Affiliations

  • Birmingham Bar Association
    • Chair, Grievance Committee (2009-2010)
    • Chair, Youth Future Leaders Forum (2008-2009)
    • Executive Committee (2004-2007)
    • Diversity Task Force (2006-2007)
  • Alabama State Bar
    • President-Elect (2016-2017)
    • Executive Committee (2016-2017); Finance Committee (2016-2017); Personnel and Bar Operations Oversight Standing Committee (2016-2017); Succession Planning Task Force (2016-2017); Long Range Planning Committee (2016-2017); Local Bar Task Force (2016-2017); Governmental Ethics Task Force (2016-2017)
    • Bar Commissioner, 10th Judicial Circuit, Place 5 (2009-2016)
    • Disciplinary Committee of the State of Alabama (2009-Present)
  • American Bar Association, Member
  • Judicial Inquiry Commission, Member
  • National Association of Women Lawyers, Member
  • Alabama Law Foundation, Atticus Finch Society
  • Advanced Safety Engineering and Management Industry Advisory Council, Member
  • Women’s White Collar Defense Association, Member
  • St. Luke’s Episcopal Church
    • Assistant Chancellor to the Bishop of the Episcopal Diocese of Alabama (2009-Present)
    • Church Attorney (2002-2005)
  • YWCA of Central Alabama
    • Executive Committee (2011-2014)
    • Board of Directors (2010-2016)
  • Mountain Brook Schools Early Warning Panel, Member (1995-2009)
  • Leadership Birmingham, Class of 2007
  • Birmingham Multiple Sclerosis Leadership, Class of 2007
  • Momentum Women’s Leadership, Class of 2010
  • Alabama Committee of the Newcomen Society, Member
  • The Summit Club, Board Member (2013-2016)
  • Birmingham Southern College, Norton Board of Advisors

Distinctions

  • Martindale-Hubbell AV Peer Review Rating (for over 20 years)
  • The Best Lawyers in America (2007-Present)
  • B-Metro Magazine, Top Lawyers (2016, 2017)
  • B-Metro Magazine, Top Women Attorneys (2015, 2016)
  • Birmingham Business Journal’s “Who’s Who in Law” (2016)
  • Mid-South Super Lawyers (2016)
  • Alabama Super Lawyers (2008-2015)
  • Birmingham Magazine, Top Attorneys (2014)
  • Cover and featured article, Super Lawyers Magazine/Alabama (2012)
  • Mass Tort Lawyer of the Year, Best Lawyers in America (2011)
  • Super Lawyers, Top 10 Lawyers in Alabama (2011)
  • Super Lawyers, Top 25 Women Lawyers in Alabama (2008-Present)
  • Super Lawyers, Top 50 Lawyers in Alabama (2008-Present)
  • Birmingham Business Journal’s “Who’s Who in Law and Accounting” (2011-2013)
  • Top Ten Women in Business in Birmingham (2006)
  • The Fellows of the Alabama Law Foundation
  • American Board of Trial Advocates (“ABOTA”) - Honorary Trial Lawyers' Society; President-Elect of Alabama Chapter (2014), President of Alabama Chapter (2015)
  • Fellow, American Bar Foundation
  • International Academy of Trial Lawyers

Communications

Publications

  • A.M. Salem, “Removal of Public School Library Books: The First Amendment Versus the Local School Board,” 34 VAND. L. REV. 1407 (1981).

Speaking Engagements

  • “Law Office Management and Time Management Skills and Techniques,” Group Mentoring Program, Mobile Bar Association, April 28, 2017.
  • "He Said What? Professionalism in the Modern Workplace," 21st Annual BBA Bench and Bar Retreat, Prattville Marriot, March 3, 2017.
  • “Perils of Public Officials and Employees - Ethics Law Investigation From Start Through Appeal,” CLE Presentation, Birmingham Bar Association, February 17, 2017.
  • "Representing Lawyers and Other Professionals in Criminal Matters," Huntsville, April 20, 2016.
  • "'Zealous Advocate' or 'Zealous Zealot?'" Madison County Bar Association, March 2, 2016; Mobile County Bar Association, October 20, 2016.
  • “What If My Civil Client Engaged in Criminal Activity?” CLE Presentation, Birmingham Bar Association Meeting, November 8, 2013.
  • “What to Do When the Government Comes Calling: What Every Practitioner Needs to Know About White Collar Crime,” CLE Presentation, Alabama State Bar Annual Meeting, July 18, 2013.
  • “You Better Think: Hitting the Right Note for a Successful Mediation,” CLE Presentation, Birmingham Bar Association ADR Section Year-End Seminar, November 29, 2012.
  • “Dealing with the Elephant in the Room: Communication Essentials for a Changing World,” Guest Lecturer, University of Alabama at Birmingham, October 2, 2011 and January 29, 2012.
  • University of Alabama School of Law, Adjunct Professor for Advanced Civil Procedure, Fall 2010.
  • “Recruiting and Retaining Diverse Attorneys,” CLE Presentation, Alabama State Bar Annual Meeting, July 17, 2009.
  • “Dealing with Criminal Environmental Investigations,” CLE Presentation, Alabama State Bar Environmental Law Section 18th Annual Beach and Bar Symposium, June 20, 2009.
  • “Civil Defendants Facing Criminal Indictment and/or Grand Jury Indictment,” “Recent Developments” CLE Presentation, Cumberland School of Law, December 19, 2008.

Representative Cases

  • Represented defendant corporation in a series of mass tort lawsuits in which the plaintiffs alleged a variety of physical conditions resulting from PCB exposure; resulted in verdicts for defendant in two separate jury trials.
  • Represented client in complex civil suit alleging violations of Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy, tortious interference with contractual or business relations, and tortious interference with prospective business relationships.
  • Represented defendant corporation in shareholder derivative action.
  • Represented defendant corporation in minority oppression and corporate fraud action.
  • Represented minority owner of banking institution in shareholder proxy fight.
  • Represented individual in securities civil and criminal cases alleging Ponzi scheme.
  • Represented individual relator in qui tam case involving a university grant issue.
  • Represented individual relator in qui tam alleging Stark Law violations.
  • Defended healthcare provider in qui tam alleging healthcare fraud.
  • Represented religious leader in lawsuit against State of Alabama covering newly enacted anti-immigration act which infringed on constitutionally protected rights.
  • Defended owner of construction company charged with criminal conspiracy, bribery of a public official, and obstruction related to the federal government’s investigation of the community college system in the State of Alabama; resulted in acquittal after two-and-a-half-week trial.
  • Represented public official criminally charged with ethics violations; resulted in acquittal after 10-day trial.
  • Defended plant engineer in criminal case charging conspiracy to violate Clean Water Act; client dismissed by court at close of United States Government’s case after one month of trial.
  • Represented manufacturing plant in investigation of alleged criminal violations of Clean Water Act.
  • Represented key witness in criminal trial of alleged Medicaid fraud “kick-back” conspiracy scheme.
  • Represented bank executive in connection with the Federal Deposit Insurance Corporation’s investigation of issues related to bank failure.
  • Represented multiple healthcare providers during investigations and/or audits by the Office of Inspector General, U.S. Department of Health and Human Services, the U.S. Department of Justice, and Blue Cross and Blue Shield of Alabama.
  • Represented pharmaceutical manufacturer in connection with charges by the Alabama Board of Pharmacy alleging violations of the Alabama Pharmacy Practice Act.
  • Defended gaming corporation in connection with seizure of alleged illegal gaming devices by the State of Alabama.
  • Defended healthcare financial services professional charged with conspiring to create false accounting entries for cost reports to obtain inflated reimbursements from Medicare.
  • Represented physician before the Medical Licensure Commission of Alabama regarding allegations of improper prescribing and documentation practices.
  • Represented former financial institution executive in investigation of financial institution.
  • Represented financial institution in production of records related to federal investigation of customer.
  • Represented physician in credentialing dispute with local healthcare system.
  • Represented corporate financial officer in federal investigation of fraud related to government contracts.
  • Defended practice manager charged with tax evasion related to the management of a medical practice in rural Alabama; charges arose as a result of federal government’s investigation of the medical practice for healthcare fraud related to improper bundling and “upcoding “of claims submitted to Medicare.
  • Represented corporation in Internal Revenue Service dispute alleging structuring of currency deposits.
  • Represented numerous individuals during investigations of alleged financial and regulatory fraud.
  • Advised multiple corporations, individuals, and government officials in responding to grand jury subpoenas and/or appearing before grand juries.
  • Advised multiple corporations and their general counsel regarding internal investigations and coordination of same.
  • Represented numerous executives in executive severance dispute.