Attorneys

 

 

Al_6051_edited_edited_edited.jpg
Albert M. Myers
MANAGING PARTNER              

 

Al Myers has been practicing business, consumer, and securities litigation since 1995.

 

A veteran of prominent law firms on both the plaintiff side and the defense side, Mr. Myers excels in all aspects of litigation and dispute resolution, including jury trials and appellate representation.  He regularly handles trials and abitrations as a first-chair litigator.

 

A native of Springfield, Illinois, Mr. Myers attended Yale University, majoring in History. He continued his education at the New York University Leonard N. Stern School of Business, where he pursued studies in business accounting and finance. He received his Juris Doctorate, magna cum laude, from New York Law School in 1994, where he was the John Ben Snow Scholar (1991-1994), the Executive Articles Editor of the New York Law School Law Review (1993-1994), served as a Teaching Fellow in the first-year Lawyering program, and coached the School's Moot Court team in the Kaufman Securities Law Competition.

 

From 2008 to 2014, Mr. Myers chaired the shareholder derivative practice at a prominent New Orleans-based firm, where he was the handling partner for that firm's many successes on behalf of shareholders and other plaintiffs, leading to the recovery of over $100 million.

 

Mr. Myers began his legal career in the Business and Securities Litigation department of Weil, Gotshal & Manges, LLP under Dennis J. Block and other luminaries of the securities defense bar. He worked on a variety of cases in the securities and corporate governance areas, representing clients such as Merrill Lynch, Bear Stearns and Pfizer.

 

He was responsible for investigating and prosecuting the claims of Quaker Oats Co. against Borden, Inc., in litigation involving the purchase of a Brazilian food manufacturer, leading to a $35 million settlement after his discovery of "smoking gun" evidence in a rural warehouse.

 

He continued his career at Willkie Farr & Gallagher LLP, where he participated in the defense and settlement of numerous securities class actions and business disputes and represented clients in insider-trading investigations by the Securities and Exchange Commission. He was a member of the litigation team which obtained an affirmance of dismissal of securities claims against American Home Products Corporation (now Wyeth) concerning the diet drug Redux.

 

Mr. Myers relocated to Atlanta in 2002 and spent six years focusing on litigation and corporate counseling, including at Paul Hastings LLP. He litigated complex, multi-jurisdictional disputes on behalf of corporations and their boards of directors, including shareholder class actions and derivative lawsuits, fiduciary claims, SEC and regulatory investigations, and business and commercial disputes. 

 

Mr. Myers has practiced as a solo and co-counsel practitioner since 2014.  He takes pleasure in working with clients, witnesses, and experts from diverse backgrounds.

REPRESENTATIVE ENGAGEMENTS

  • [Confidential Arbitration], American Arbitration Association.  Ongoing of-counsel representation to biomedical services company in legal malpractice action against law firm related to securities issuances, 2019-present.

  • Official Committee of Unsecured Creditors of First NBC Bank Holding Company v. Ryan, No. 2:19-CV-10341 (E.D. La.).  Ongoing representation of unsecured creditors and litigation trustee in breach of fiduciary duty claims against officers of failed bank holding company.

  • [Confidential Litigation] (Ga. Super. Ct. 2019). Achieved confidential settlement of homeowner’s claims involving loss of toe from stepping on discarded roofing nail.

  • Dooley v. Federated Law Group PLLC (N.D. Ga. and American Arbitration Association 2019). Obtained substantial individual award for consumer under FDCPA including attorneys’ fees.

  • Orion Vision Group v. Rose (Ga. Super. Ct. 2018). Defended scorched-earth trade secrets litigation against former employee of medical device manufacturer.

  • McKernan v. Guirard (M.D. La. 2018). Co-counsel in defense of trademark infringement and misappropriation of identity claims involving two law firms.

  • Welker v. Herndon (Ga. Super. Ct. 2016). Co-first chair in jury trial of gunshot-wound victim’s claims against former boyfriend, achieving six-figure verdict and fee award after three-day jury trial and two appellate victories.

  • CTW Softwear Investment, LLC v. Dickerson (American Arbitration Association 2016).  Co-first chair for venture capital firm against founding shareholder, leading to withdrawal of defenses and confidential corporate governance settlement after five-day arbitration.

  • Flowers v. Cypress Insurance Company (N.D. Ga. 2015).  Representation of commercial trucking business against liability insurer for negligent policy administration, leading to a confidential settlement.

  • Grissom v. AXA Equitable Life Insurance Company (S.D.N.Y. 2014). Identified legal theory and drafted complaint leading to confidential recovery on behalf of uncertified class of purchasers of variable annuities whose Guaranteed Minimum Death Benefits were abruptly reduced after a decade-long mistake in effectuating contract terms.

  • In re Bank of America Corp. Securities, Derivative, and ERISA Litigation (S.D.N.Y. 2013). Co-lead counsel in shareholder derivative action arising from 2008 acquisition of Merrill Lynch; oversaw discovery and briefing; managed expert witnesses regarding proposed corporate governance and damages opinions; and participated in negotiation of comprehensive settlement agreement including recovery of $62.5 million to company.

  • In re Moody’s Corporation Derivative Litigation (S.D.N.Y. 2012). Co-lead counsel in shareholder derivative action leading to court-approved settlement agreeing to wide-ranging corporate governance, internal control, risk management, compliance, and board reporting provisions across the operations of one of prime credit rating agencies allegedly responsible for the 2008 financial crisis.

  • In re Morgan Stanley & Co. Auction Rate Securities Derivative Litigation (Del. Ch. Ct. and S.D.N.Y. 2012). Lead counsel in shareholder derivative action leading to the clarification of Delaware law concerning the scope of what constitutes a board’s peremptory refusal of a pre-suit litigation demand and leading to a substantial corporate governance settlement.

  • Sterling Savings Bank v. Poleline Self-Storage LLC (Idaho Dist. Ct. 2013). Lead counsel in $3.5 million settlement on behalf of class of borrowers. Part of litigation against regional banks seeking to vindicate the rights of borrowers against the charging of interest on commercial loans pursuant to the “365/360 method” without contractual authorization.

  • In re Recoton Corp. Securities Litigation (M.D. Fla. 2005). Defended $100 million securities action, leading to partial dismissal of claims and favorable settlement of remaining claims).

  • Litigation and counseling with respect to several bet-the-company lawsuits in New York, the United Kingdom, and the Middle East involving international telecommunications and infrastructure projects, leading to dismissal of all U.S. claims.

  • Oran v. Stafford (3d Cir. 2000). Member of litigation team which obtained affirmance of dismissal of securities claims against American Home Products Corporation (now  Wyeth) concerning the diet drug Redux.

  • Rodriquez v.  Topps Co. (S.D. Cal. 2000). Member of litigation team which secured dismissal of RICO class action claims against trading card manufacturers.

  • Quaker Oats Co. v. Borden, Inc. (S.D.N.Y. 1996). As a second-year associate, managed all document discovery on behalf of U.S. purchaser of South American food company in purchaser’s $50 million lawsuit against seller in New York federal court for fraud and breach of contract. Conducted almost entirely in Brazil, this search uncovered key evidence culminating in seller’s agreement to pay $35 million in settlement.