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Civil & Complex Litigation

White Arnold & Dowd P.C. represents clients in all areas of civil dispute resolution and litigation. Our trial attorneys have extensive experience in general and complex civil litigation in state and federal courts throughout Alabama, representing plaintiffs and defendants in both jury and bench trials.

Our peers recognize us as a firm that can handle matters ranging from high-profile jury trials to mediation and resolution of private disputes. We are particularly adept at creating and advancing novel legal theories and strategies to resolve complex problems. Our depth and scope of trial experience enables us to plan for and anticipate challenges, yet pivot quickly when a complex case takes an unexpected turn.

Trial law requires preparation, creative strategic planning, and case management. Our attorneys have honed their trial skills in these areas through years of practice and are committed to excellence in legal research, writing, and oral advocacy. We also know the value of comprehensive strategic planning and have an experienced support team of paralegals and administrative staff to assist with case preparation and management. Our team has assisted many mid-level and large corporations in handling electronic discovery and in complying with the rules that govern electronic discovery.

White Arnold & Dowd P.C.’s civil trial practice experience includes cases involving antitrust matters, business disputes, and environmental law, as well as toxic and mass torts. Our team’s class action litigation experience includes representation of a nationwide group of plaintiff physicians in healthcare litigation and a wide variety of corporate defendants in industries such as pharmaceuticals, consumer product manufacturing, healthcare, general retail, and consumer collections. We also regularly represent clients in litigation involving intellectual property, securities, financial services, and products liability.

Antitrust

White Arnold & Dowd P.C. represents plaintiffs and defendants in cases and proceedings under the federal antitrust laws and other state and federal laws promoting fair competition and fair trade practices.

The firm’s practice includes advancing and defending claims under the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Federal Trade Commission Act. These federal laws prohibit the formation of anti-consumer cartels and other anticompetitive practices such as price discrimination that lead to monopolies, tying arrangements, and exclusive dealing agreements that restrain fair competition.

White Arnold & Dowd P.C. is well equipped to handle the complexity of antitrust and fair competition cases, including the extensive e-discovery requirements often associated with cases involving issues of anticompetitive trade practices.  Our team’s experience includes the development and management of document control systems, coding and analyzing millions of pages of discovery, and guiding clients through the maze of discovery issues.

Our attorneys are dedicated to finding creative solutions to the complex legal problems that confront companies, entrepreneurs, and professionals in today’s rapidly-changing business environment. We carefully research the relevant legal issues and develop a comprehensive case management plan and strategy to advance and resolve antitrust and fair competition cases in the appropriate tribunal.

Class Action

Often, individual claims for harm may be too small to justify the cost of hiring a lawyer. However, when a common problem arises and the same rights and issues are at stake for a group of individuals who are in a similar situation, the law often permits these individuals to join forces and pursue a single lawsuit against a common defendant. These types of suits are known as class actions.

Class actions are commonly associated with lawsuits under consumer protection and civil rights laws, where individual damage claims may be relatively limited. More complex tort cases involving claims over product safety, environmental contamination, or business practices affecting numerous individuals may also be appropriate for class action status.

The Class Action Practice Group at White Arnold & Dowd P.C. includes trial lawyers with extensive experience in both the prosecution and defense of class action lawsuits.

Our attorneys have represented a nationwide group of plaintiff physicians in healthcare litigation and a wide variety of corporate defendants in industries such as pharmaceuticals, consumer product manufacturing, healthcare, general retail, and consumer collections.

The importance of strategy, along with case management and electronic discovery issues, make class action suits particularly challenging. A keen understanding of public relations and the capacity to manage case publicity is especially valuable in managing class action litigation. Our diversity of experience in handling class action lawsuits and strong team of experienced litigators, paralegals, and support personnel make us uniquely qualified to pursue or defend against a class action lawsuit.

Environmental Law

The attorneys of White Arnold & Dowd P.C. have successfully represented plaintiffs and defendants in environmental tort cases in state and federal courts and in environmental regulatory proceedings before federal, state, and local agencies.

Our firm’s litigation attorneys are frequently called on to represent clients in toxic tort and mass tort litigation.  We have been involved in environmental tort cases concerning allegations of personal injury due to exposure to substances like PCBs, dioxin, benzene, asbestos, and coal dust that persist in the environment. These cases may also involve property damage due to leaks and ruptures of underground pipelines or tanks, or discharges from waste facilities.

White Arnold & Dowd P.C. attorneys Augusta Dowd and Mark White have been named Mass Tort Lawyer of the Year by the Best Lawyers® publication in 2011 and 2012 respectively.

Financial Services Litigation

In today’s challenging economy and era of heightened financial services regulation and oversight, financial institutions face an increased risk of exposure to litigation when credit is denied or when a borrower experiences difficulty in repaying a debt, as well as more frequent interaction with federal regulatory bodies.

The attorneys in the Financial Services Litigation Practice Group of White Arnold & Dowd P.C. have extensive experience representing banks, other financial institutions, and individuals in a variety of matters relating to consumer and commercial lending practices, regulatory matters, and institutional failure.

We have successfully defended cases involving mortgage fraud, RESPA, and Truth-in-Lending Act claims filed by consumers, as well as claims alleging violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Alabama Consumer Credit Act. White Arnold & Dowd P.C. has guided clients through negotiations and interactions with and appearances before the Securities and Exchange Commission and Financial Industry Regulatory Authority, and in Federal Reserve Board matters, as well as litigation involving administrative, regulatory, and oversight agencies.

Our attorneys are also experienced in defending and pursuing actions involving commercial loans, such as loan fraud, “straw borrower” arrangements, bad faith denial of credit. Our capacity to manage electronic discovery is particularly useful in complex cases involving third-party claims of lender liability.

We are also equipped to defend banks and trust officers in matters involving claims of breach of fiduciary duty, including those claims arising out of trust and estate administration. Our representation of clients in financial services litigation extends to financial institutions, brokers, and investment advisers facing allegations of breach of fiduciary duty under both state and federal securities laws.

Intellectual Property

Businesses and individuals like inventors, scientists, writers, and creative artists own intellectual property such as trademarks, copyrights, patents, and trade secrets like customer lists and business procedures. In today’s world of information, the most valuable assets of a company can be its intellectual property assets.

The attorneys at White Arnold & Dowd P.C. have successfully resolved cases protecting the intellectual property rights of its clients, ranging from individuals to pharmaceutical companies to tire manufacturers. Our attorneys have the litigation experience to assist intellectual property owners in protecting their rights.

Intellectual property litigation is complex. IP is, by definition, novel, creative, and intangible. Patent infringement is particularly challenging because of the underlying science and technology associated with inventions. Our attorneys are experienced litigators who are well equipped to handle the inherent complexities of litigation related to intellectual property rights.

Products Liability

Product liability cases typically involve claims that a device or other product was defective in some way due to the product’s design, manufacture, assembly, packaging, and/or labeling.  Failure to warn or giving an inadequate warning concerning dangers associated with use of the product can also be the basis of a defective product claim.   Product liability cases may be asserted against any entity involved in bringing the product to the user, including the manufacturer of the product, its suppliers, distributors, installers, sellers, and retailers.

The attorneys of White Arnold & Dowd P.C. are prepared to defend aggressively our clients in all types of product liability actions, from cases brought by a single plaintiff involving an isolated incident to class actions involving a multitude of plaintiffs and incidents.

We begin our representation in product liability cases with a complete assessment of the claims and the facts, which allows us to develop a comprehensive strategy and case management plan. We also seek to gain a thorough understanding of the business so we can recommend a course of action based on each client’s individual circumstance. Additionally, we have the expertise to adapt and modify the litigation strategy in response to unexpected evidence that may be revealed in pretrial discovery.

Defending product liability claims requires not only a deep understanding of the law and affirmative defenses available to manufacturers or sellers, but also the capacity to manage vast quantities of data involved in both paper and electronic discovery. Our attorneys, along with our support team of paralegals and administrative staff, are experienced in managing the complex discovery requirements involved in product liability cases in both state and federal courts.

Our attorneys have experience defending clients in complex litigation involving pharmaceuticals (both name brand and generic drugs), toxic chemicals (such as isocyanates and chromated copper arsenate), infant car seats, manufacturing equipment (such as grinding wheels/machines, skid-steer loaders, robotic welding systems, and extruders/cyclone airlocks), construction materials (such as Chinese drywall and asbestos), ladder and scaffolding equipment, and a variety of food and beverage products.

Securities

White Arnold & Dowd P.C. maintains an active securities practice, pursuing claims through shareholder derivative suits and under the Private Securities Litigation Reform Act of 1995, as well as defending corporate officers, directors, and managers against claims for breach of fiduciary duty, corporate mismanagement, and related claims asserted against them.

We seek to protect the interests of stockholders specifically and the securities market generally, as well as to provide appropriate counsel to management when they are wrongly accused. Securities litigation requires experienced lawyers who are knowledgeable in complex securities and business law. Our team of experienced trial attorneys has a long history of representing shareholders and investors in protecting their rights and in defending corporate officers and directors against unfounded claims.

Divorce

The Divorce Group is devoted to representing and assisting clients who are often going through a traumatic and emotionally trying time in their lives. We specialize in providing caring and experienced advice in complex matrimonial matters, involving cases with significant assets and income as well as custody disputes.

Our group’s reputation has been built on the results we achieve and on our absolute discretion, maintaining the strictest confidentiality regarding our clients and their individual situations. The philosophy of the Divorce Practice Group is to leave no stone unturned and obtain the best result for our client by negotiated settlement, mediated settlement, and if required, trial.

Our attorneys are experienced in handling complex divorce and post-divorce matters that require a comprehensive skill set, broad knowledge of various legal and financial issues and the ability to handle difficult litigation. The Divorce Practice Group handles cases primarily that originate in Jefferson, Shelby, and Tuscaloosa counties and can handle cases throughout the state.

Capable support and personal attention is provided through our highly-trained and experienced staff, all with significant experience in dealing professionally and with sensitivity to the needs of our clients.

Areas of Particular Expertise:

  • Divorce
  • Matrimonial Law
  • Complex Cases, Litigation and closely-held businesses
  • Child Custody and Support
  • Mediation
  • Settlement Agreements
  • Crisis Management

To get in touch, please call 205-323-1888 or visit our Contact page.

White Collar & Criminal Defense

White Arnold & Dowd P.C. is devoted to upholding the principles of constitutional law that form the foundation of our criminal justice system. Effective representation in criminal matters requires a deep understanding of constitutional law, rules of criminal procedure, and the operations and practices of the government offices that investigate and prosecute crimes.

The experienced attorneys in our White Collar & Criminal Defense Practice Group represent individuals and corporations in criminal investigations and criminal cases in federal and state courts throughout Alabama.

Our clients may be witnesses, subjects, or targets of investigations, or defendants who have been formally charged with a crime. White collar criminal matters cover a wide scope, including public corruption, campaign finance enforcement, securities and bank fraud, tax crimes, healthcare fraud, violations of Stark and anti-kickback laws, and environmental crimes.

White collar criminal cases are often intertwined with complex civil lawsuits involving multiple defendants and causes of action, where key evidence is buried within terabytes of electronic discovery data. White Arnold & Dowd P.C. has assisted many mid-level and large corporations in compliance with e-discovery requests and responses to grand jury subpoenas, federal and state subpoenas duces tecum, and civil investigative demands.

We take a proactive approach to criminal defense that begins with a review of allegations and our own investigation to uncover the facts. Our attorneys develop a comprehensive plan and strategy for managing the case, from initial interviews through jury selection and trial. We also recognize the roles of publicity and the media and, where appropriate, incorporate public relations planning into our case management practices.

Risk management is vital in business and nonprofit operations in today’s uncertain and challenging environment. White Arnold & Dowd P.C. performs internal investigations of business practices to proactively identify problems or risks, and create action plans and strategies to minimize risks. We educate and advise principals and employees on how to comply with laws such as the False Claims Act and Stark and other anti-kickback legislation, and how to avoid obstruction of justice charges when investigations are underway. Our attorneys are also experienced in advising healthcare providers on how to avoid actions that might lead to charges of healthcare fraud.

In addition to our representation of clients in white collar criminal cases, our attorneys have extensive experience successfully representing clients charged with other felonies and misdemeanors by state and federal authorities. These include defense of persons charged with assault, sexual misconduct, property offenses, domestic violence, DUI, and municipal matters. Our White Collar & Criminal Defense Practice Group also includes appellate court services for those convicted of violent and non-violent crimes.

White Arnold & Dowd P.C. attorneys are members of, and active participants in, these organizations: National Association of Criminal Defense Lawyers, Alabama Criminal Defense Lawyers Association, White Collar Crime Committee of the Alabama State Bar Association, Women’s White Collar Defense Association, and Greater Birmingham Criminal Defense Lawyers Association.