Dylan C. Black

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P: 205.521.8296
F: 205.488.6296
Secretary:
P: 205.521.8321
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Dylan C. Black

Partner
Dylan focuses his practice on complex civil litigation in state and federal courts, with particular emphasis on professional liability, class action, and state and federal securities fraud cases. Dylan’s experience in professional liability litigation includes the defense of public accounting and auditing firms, outside directors, audit committee members, and lawyers in a variety of cases. These matters have involved both publicly traded and privately held companies and have arisen in the context of securities class actions, litigation with bankruptcy trustees, and shareholder derivative suits. Dylan has also represented financial institutions, retailers, and other service providers in class action cases alleging violations of various federal statutes as well as state-law causes of action. Dylan represented Jefferson County, Alabama, in various litigation matters with its creditors before and during the county’s Chapter 9 bankruptcy case. Dylan has tried both jury and non-jury cases to verdict in Alabama state court and has argued cases in the Eleventh Circuit Court of Appeals.

Dylan focuses his practice on complex civil litigation in state and federal courts, with particular emphasis on professional liability, class action, and state and federal securities fraud cases. Dylan’s experience in professional liability litigation includes the defense of public accounting and auditing firms, outside directors, audit committee members, and lawyers in a variety of cases. These matters have involved both publicly traded and privately held companies and have arisen in the context of securities class actions, litigation with bankruptcy trustees, and shareholder derivative suits. Dylan has also represented financial institutions, retailers, and other service providers in class action cases alleging violations of various federal statutes as well as state-law causes of action. Dylan represented Jefferson County, Alabama, in various litigation matters with its creditors before and during the county’s Chapter 9 bankruptcy case. Dylan has tried both jury and non-jury cases to verdict in Alabama state court and has argued cases in the Eleventh Circuit Court of Appeals.

Dylan has handled several cases in which his clients were accused of breaching fiduciary duties, committing professional negligence, or violating securities laws. These cases include:

  • Defense of the outside directors of a privately held Alabama corporation who were accused by dissenting shareholders of breaching their fiduciary duties in connection with the negotiation of the sale of the company. The case was dismissed during discovery as a result of an extremely favorable settlement for Dylan’s clients.
  • Defense of a Big Four accounting firm in a case alleging violations of state securities laws. The case was dismissed as preempted by the Securities Litigation Uniform Standards Act, a result affirmed by the Alabama Supreme Court.
  • Currently defending the outside directors of a publicly traded energy company against allegations of having breached fiduciary duties and committed corporate waste.
  • Defense of the audit committee members and outside directors of a publicly traded retailer in a federal securities class action brought by the company’s shareholders and bondholders and in related litigation brought by the company’s bankruptcy trustee.
  • Successful defense of a Big Four accounting firm against allegations of professional negligence and breach of contract in performing its audits of a publicly traded insurance-holding company.

Dylan’s experience also includes a variety of class action and other complex litigation matters. Some highlights of his recent experience in these matters include:

  • Successful defense of a movie-theater chain against efforts to certify a nationwide plaintiff class in a case alleging violations of the Fair and Accurate Credit Transactions Act (FACTA).
  • Currently defending a publicly traded convenience store/gas station chain against allegations of FACTA violations in a putative class action.
  • Successful defense of a waste disposal services company in a putative statewide class action alleging that certain fees charged to the company’s clients were excessive and unlawful. After class-related discovery, the class claims were dismissed, and the case was resolved as an individual action.
  • Successful defense of various clients in the mortgage industry against efforts to certify plaintiff classes in cases alleging violations of the Real Estate Settlement Procedures Act (RESPA) and improper payments of yield spread premiums.

Experience

Dylan has litigated complex issues on behalf of his clients in both state and federal courts at the trial and appellate level. The issues presented in these cases include topics in the field of securities, municipal finance and bankruptcy, accounting malpractice, copyright, and attorney-client privilege.

Distinctions

  • Listed in The Best Lawyers in America®, Commercial Litigation, 2012-2015
  • Outstanding Sub-committee Chair Award, ABA Section of Litigation, 2013
  • Listed in Alabama Super Lawyers, Professional Liability: Defense, 2014

Memberships and Affiliations

  • Lawyers' Committee for Civil Rights Under Law, Board Member
  • American Bar Association, Section of Litigation, Professional Liability Litigation Committee (Co-Chair, 50 State Survey Subcommittee)
  • Alabama Defense Lawyers Association
  • Harvard Club of North Alabama, President
  • Jones Valley Teaching Farm, Board Member
  • National Multiple Sclerosis Society, Alabama-Mississippi Chapter (Birmingham MS Leadership Class for 2011)

You May Not Know

Dylan won a Rotary Scholarship and studied for a year in Toulouse, France, after college. He is a classically trained violinist, a former college athlete, and an avid Red Sox fan.