Tennessee

Review

Dispute resolution
Bradley Arant Boult Cummings

Headquartered in Birmingham, Bradley has emerged as a dominant player in the legal services industry in the Southeast, boasting an ever-expanding network of offices throughout the region (in Mississippi, Tennessee, North Carolina, Florida and Washington, DC, as well as its native Alabama.) The firm has doubled down on its surge into Texas as well; most recently the firm lured a celebrated local “trial lawyer extraordinaire,” Richard “Dick” Sayles, to the firm’s Dallas office. Sayles, an all-purpose commercial litigator who once headed his own litigation boutique, Sayles Werbner, is viewed by all as a particularly auspicious addition. “With that hire, Bradley certainly made a splash in Texas,” testifies one local peer. “That is basically kicking the doors open, yelling ‘Hey Dallas, we’re here!’ Dick Sayles was one of those people who owned the city when I was a young local lawyer, and he continues to do amazing things.” As a bonus, the firm also scored Sayles’ son, Robert Sayles, a noted future star. The elder Sayles is representing JPMorgan Chase in a $220 million qui tam action arising out of mortgage modification program.
     In the firm’s flagship Birmingham office, Mike Pennington is lead counsel defending Ocwen and PHH in four class action and over a dozen individual cases alleging that convenience fees charged for use of optional same-day telephone and online payment and processing methods violate the FDCPA and various state laws. The cases are pending in Florida, California and New Jersey. A prior similar class action in Alabama was settled and received final approval in 2019. Pennington was also, along with Scott Smith and Leigh Anne Hodge, retained as ERISA class-action counsel to defend BBVA against challenges to its 401(k) defined contribution plan. The lawsuit putatively covers all participants in the BBVA 401(k) plan nationwide and seeks over $40 million in damages. Specifically, the suit claims BBVA violated its fiduciary duties to plan participants by including a money market fund in its plan and by failing to control the costs and expenses of several actively managed mutual funds and target date funds in the plan. Beyond commercial litigation, “Bradley’s life sciences team is nationally known,” according to a peer. Tripp Haston, Kim Martin and Lindsey Boney have represented Bayer in multiple Xarelto litigation matters. A mass tort litigation recently settled for $775 million in the aggregate, after six bellwether trials, all of which were defense wins. Seasoned partner David Hymer is noted for his nationwide representation of CVS in the opioid litigation. In the Montgomery, Alabama office, Charles “Chuck” Stewart has an ongoing relationship with Textron and is representing this client in a case filed by a plaintiff that was rendered crippled by a golf cart.
      In the firm’s Nashville office, Lela Hollabaugh serves as Tennessee counsel for Amazon.com, in a $30 million product liability litigation against it arising from the sale of hoverboards by third-party sellers on the Amazon Marketplace. The allegations in the complaint seek to hold Amazon liable as a seller of the products that are sold by others on its Marketplace.