Tod is a seasoned litigator and trial attorney who represents entities and individuals involved in complex business disputes. He has navigated successful outcomes in high stakes, bet-the-company cases in the software, real estate, oil and gas, firearms, healthcare, pharmaceutical and government contracts industries. Tod's expertise covers a broad spectrum of substantive areas, including business torts, corporate governance/derivative litigation, intellectual property litigation, litigation arising from merger and acquisition transactions, commercial contract litigation and litigation involving the acquisition, sale and development of commercial real property.
Tod has tried a wide range of business and real estate issues to verdict as lead counsel in state and federal courts across the country and has a proven track record of aggressive representation. His cases have been extensively published in national media and include matters in Florida, Georgia, Tennessee, North Carolina, Virginia, West Virginia, Delaware, New York, Texas, Oklahoma, New Mexico, California and Alabama.
Tod's skills as a litigator have earned him recognition by Super Lawyers in the area of Business Litigation, and he is AV Preeminent™ rated by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards.
Complex Business Litigation Experience
A substantial portion of Tod’s practice involves representing clients in litigation arising from M&A and other business transactions. His recent experience includes:
- defending the provider of health care services to a Latin American government in a fraud and RICO case
- representing pharmaceutical distribution companies in the seminal opioid litigation filed by the state of West Virginia
- a six week bench trial over an earnout provision in an asset purchase agreement involving twenty-six international subsidiaries
- a two week jury trial arising out of post-merger indemnity obligations of founding shareholders
- representing the purchaser of demilitarized F-5 aircraft in a fraud and title dispute involving parallel litigation proceedings in Oklahoma state court, Florida state court and Florida bankruptcy court
- represented majority owner in oil and gas service provider in derivative/breach of fiduciary duty litigation
- representing regional seller of home building business in fraud litigation against purchaser
- representing developer in fraud/breach of fiduciary litigation against former employee and business partner
- represented minority owners of payment processing technology company in derivative/breach of fiduciary duty litigation
Real Property Litigation Experience
Tod has a national practice representing developers, owners, bondholders, landlords and tenants in litigation and arbitration proceedings. He has successfully handled matters involving purchase/sale contracts and options, including acquisition, specific performance and escrow disputes; fraud and rescission claims; management and operating agreements for resorts, hotels and shopping centers; ownership issues, including partnership and entity disputes, succession, squeeze-out and dissolution; commercial leases; and construction disputes.
He recently represented:
- developer of $60 million project in zoning litigation
- purchaser of multi-family property in fraud litigation
- owner in multi-state litigation with tenant over lease termination
- national retail tenant in litigation over redevelopment of retail facility
- retail tenant in national multi-location lease termination dispute
- owner of 330,000 square foot distribution center in dispute with developer
- seller in earnout dispute related to sale of 550,000 square foot retail facility
- owner in arbitration against contractor and architect over acoustical issues with mixed use residential/retail development
- owner of hotel in arbitration over design/construction issues
- owner of 500,000 square foot retail center in arbitration over design/construction issues
- subdivision developer in multi-state litigation against regional builder owner in qui tam action brought by developer for alleged lease kickbacks and Stark violations
Tod regularly advises clients and litigates land use regulations against governmental entities, including matters related to zoning, taxes, easements, overlay districts, deed restrictions, historical preservation, conditional use permits, private road use and construction, appropriation and competitive bidding.
IP Litigation Experience
Tod has represented a wide variety of companies involved in intellectual property disputes arising from patents, trademarks and copyrights. He has successfully defended and prosecuted infringement and trade secret claims in both state and federal courts and litigated numerous IP licensing issues.
His recent experience includes:
- represented firearms manufacturer in trademark infringement/licensing litigation
- litigating ownership and licensing rights arising from a software development transaction
- arbitrating post-merger international distribution rights for commercial printing manufacturer
Representative Appellate Decisions:
- West Virginia ex, rel. Morrissey v. AmerisourceBergen Drug Corp., 2013 W6 1305575 (S.D. W. Va. Mar. 27, 2013)
- Rismed Oncology Systems, Inc. v. Daniel Esgardo Rangel Baron, 638 Fed. Appx 800 (11th Cir. 2015)
- Buck v. CH Highland, LLC, --- So. 3d ----, No. 2150220, 2016 WL 3221095 (Ala. Civ. App. June 10, 2016)
- Alabama Concrete Co., Inc. v. Argos Cement, LLC, No. 5:14-cv-01940-MHH, 2015 WL 5693614 (N.D. Ala. Sept. 29, 2015)
- Huntsville Golf Dev., Inc. v. Estate of Brindley, No. 5:13-CV-00870-MHH, 2015 WL 5693608 (N.D. Ala. Sept. 29, 2015)
- United States ex rel. Wilson v. Crestwood Healthcare, L.P., No. CV–11–S–3361–NE, 2012 WL 1886351 (N.D. Ala. May 18, 2012)
- Huntsville Times Co. Inc. v. United States, 98 Fed. Cl. 100 (2011)
- Ex parte Bentley, 50 So. 3d 1063 (Ala. 2010)
- Intergraph Corp. v. Bentley Systems Inc., 58 So. 3d 63 (Ala. 2010)
- Technical Innovation, Inc. v. United States, 93 Fed. Cl. 276 (2010)
- Neeley v. Gateway, Inc., 977 So. 2d 511 (Ala. Civ. App. 2007)
- Bentley Systems, Inc. v. Intergraph Corp., 922 So. 2d 61 (Ala. 2005)