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Susan E. Hurd

Partner


For 17 years, Susan Hurd has represented public companies and their officers and directors in a variety of litigation matters, including securities class actions and derivative suits. She also routinely advises clients on disclosure issues pertaining to Internet communications and electronic discovery best practices. She is a frequent speaker and author on the latest trends in securities litigation and class action practices and strategies in general. Susan is also the editor of Alston & Bird's Securities Litigation Blog and the firm’s Annual Report on Securities Litigation.

Susan received her undergraduate degree, summa cum laude, from Vanderbilt University and her J.D. from Vanderbilt University School of Law, where she was a Baker-Worthington Scholarship recipient, on the Dean’s List, a member of the Moot Court Board, student articles editor for the Vanderbilt Law Review and was elected to the Order of the Coif.

Representative Experience

  • Successful in achieving early dismissals or substantial limiting of claims on behalf of a variety of public company clients and corporate officers in securities fraud and derivative cases.
  • Counsel of record in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. and Motorola, Inc., before the U. S. District Court, Eighth Circuit Court of Appeals and the U. S. Supreme Court. In what has been called the most important securities case in a generation, the Supreme Court affirmed in Stoneridge the prior decision of the Eighth Circuit Court of Appeals, holding that so-called “scheme liability” claims under Section 10(b) of the Securities Exchange Act of 1934 were properly dismissed with prejudice. See 552 U.S. 148 (2008). Specifically, the court held that the implied right of action previously recognized under Section 10(b) does not reach non-speaking defendants where the investors at issue could not and did not rely on any statements or representations made by those defendants in making their stock purchase or sale decisions.
  • Successfully opposed class certification motions on behalf of companies and their officers and directors in putative securities fraud class actions. See, e.g., Richard Beach v. Healthways, Inc. et al., Case No. 3:08-0569 (M.D. Tenn. Oct. 5, 2009); In re HealthSouth Securities Litigation, 213 F.R.D. 447 (N.D. Ala. 2003).
  • Obtained summary judgment on loss causation and damages issues in securities class action. See In re MIVA, Inc., No. 2:05-cv-201-FTM-29DNF, 2009 WL 3821146 (M.D. Fla. Nov. 16, 2009).


Publications
July 28, 2010
"Still No Aiding and Abetting Liability Provision," Securities Law360, July 28, 2010.
December 23, 2009
"A Change in Tide," Fulton County Daily Report, December 23, 2009.
November 23, 2009

Susan E. Hurd

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7572
Fax: 404-253-8268

Education

  • Vanderbilt University
    (J.D., 1992)
  • Vanderbilt University
    (B.A., 1989)

Admitted to Practice

  • Georgia