Tod is a seasoned first-chair trial lawyer with experience in securities, investment advisory and executive and professional liability matters (both civil and criminal) who consistently gets great results for his clients in complex, high-dollar matters across the country. Tod has been lead counsel in court cases and arbitrations in 26 states and Puerto Rico.
Tod is a partner in the firm’s Securities Litigation Group and is one of the group’s specialists in broker-dealer and investment advisory litigation, arbitration, regulatory counseling and representation. Tod regularly speaks and writes on the topics of arbitration, securities litigation and SEC regulatory issues and trends.
In June 2004, Tod traveled to Dubai to present a four-day program on securities enforcement and market oversight along with representatives of the SEC and the Dubai Financial Services Authority. In September 1997, Tod spent two weeks in Croatia as part of a Financial Services Volunteer Corps independent expert assessment team evaluating shareholder rights following that country’s privatization effort, and then provided commentary and proposed revisions to the Varazdin, Croatia OTC Market Surveillance and Enforcement Rules in March 1999.
Tod is listed in the 2015-2017 editions of The Best Lawyers in America© for securities litigation.
- Lead counsel in obtaining an acquittal for an investment adviser charged with six felony counts of investment adviser fraud, false writings and attempted theft by deception arising out of the operation of an investment program. [Georgia]
- Lead counsel in the defense of a state court class action brought on behalf of a public school teacher and employee participants in the state’s retirement system alleging fraud on the part of a leading annuity company. [West Virginia]
- Lead counsel for an investment adviser and related mutual fund companies in the successful defense of an ERISA class action alleging prohibited transactions and fiduciary breaches resulting in poor investment performance. [New Jersey]
- Lead counsel in the defense of a national broker-dealer firm sued in state court by family trusts that suffered $26 million in losses allegedly caused by a representative’s undisclosed activities away from the firm. [Washington]
- The successful defense of the investment management arm of a major international financial services company accused of securities fraud in connection with the restructuring of a large privately held promotional products company. [Indiana]
- Lead counsel in obtaining a complete defense victory in FINRA arbitration for a wholesale broker-dealer of a major annuity manufacturer in market timing. [Florida]
- Lead counsel representing a variable annuity distributor in a series of NASD arbitrations alleging fraudulent sales practices. [California, Colorado, Maryland, Michigan and Pennsylvania]
- Lead counsel for the directors of a large privately held Florida corporation in defense of a federal court shareholder derivative action alleging mismanagement and improper disregard of minority interests and seeking $63 million in damages. Obtained complete summary judgment on the eve of the trial. [Florida]
- Lead counsel for the largest video poker operator in South Carolina in defense of federal RICO claims in two South Carolina federal court trials. Case settled on very favorable terms at the end of the second trial.
- Co-lead counsel for a billion-dollar public company in an injunction action against a hostile tender offeror and separately filed shareholder class actions. [Georgia]
- Lead counsel in obtaining judgment as a matter of law for a public company sued for fraud by a rebuffed acquisition target. [Georgia]
- As co-lead counsel, successfully defended a publicly traded REIT in a federal securities class action that settled very favorably on the day before trial due to the dismissal of virtually all of the plaintiff’s class claims and exclusion of the plaintiff’s purported damages expert under Daubert. [Kansas]
- The successful prosecution of several actions for injunctive and declaratory relief in the federal courts of Arizona, California, Colorado, New York and Virginia on behalf of national broker-dealer firms prohibiting the arbitration of claims brought by investors who never had a formal customer relationship with our client.
- Lead counsel defending an international insurance brokerage against a multimillion-dollar claim arising out of bonding for Venezuelan military contracts. Case settled on favorable terms after the jury trial and reversal and remand after appeal. [Georgia]
- Lead counsel for a national broker-dealer/registered investment adviser in a purported class action alleging wrongdoing in connection with an asset allocation program. Defeated the class certification and led the matter toward a favorable settled resolution. [Georgia]
- Lead counsel to a regional broker-dealer in a nationally followed SEC administrative proceeding alleging fraudulent markups in government agency zero coupon bond and municipal bond transactions. [Georgia]
- Lead counsel to an investment adviser in complex litigation involving a Dallas hedge fund arising out of alleged misrepresentations about the fund’s investment program, improper investments and misappropriation of fund assets. [Texas]
- Lead counsel for executive officers in several SEC investigations and enforcement actions involving insider trading, accounting restatements and similar issues.
- Lead counsel for national and regional broker-dealers in numerous NASD arbitrations seeking multimillion-dollar awards involving selling away, suitability, unauthorized trading, securities fraud and negligent supervision.
“Bank Director and Officer Liability in FDIC Cases: Implications of the Loudermilk Trial,” Corporate Disputes, Jan-March 2017.
January - March 2017
Our Securities Litigation Group explains the first interpretation of the Georgia Supreme Court’s ruling confirming that the business judgment rule insulates directors and officers from certain claims of negligence.
October 31, 2016
Our Securities Litigation Group explains the FDIC’s broad authority in pursuing claims belonging to closed financial institutions as a result of the Fifth Circuit Court of Appeals decision in FDIC v. RBS Securities, Inc.
August 18, 2015
“Minority Shareholder Litigation,” in Georgia Business Litigation 2016, ALM Media Properties LLC, July 18, 2015.
July 18, 2015
This advisory discusses the chair of the Securities and Exchange Commission’s announcement that the SEC will begin using a new approach to pursue violations of the federal securities laws. The approach calls for a renewed focus on an obscure section of the Securities Exchange Act of 1934 – Section 20(b).
June 2, 2014
- State Bar of Georgia
- The Florida Bar
- North Carolina State Bar
- Middle District of Georgia
- Northern District of Georgia
- Southern District of Georgia
- Middle District of Florida
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Supreme Court
- National Society of Compliance Professionals (former board member)
- Securities Industry and Financial Markets Association