- Represented Avanos Medical (formerly known as Halyard Health) and two of its former officers in a securities class action in New York federal court where the court granted our motion to dismiss. Jackson v. Halyard Health Inc., et al., No. 1:16-cv-05093 (S.D.N.Y.). The court subsequently denied the plaintiff’s post-judgment motions, which was affirmed by the Second Circuit. Jackson v. Avanos Medical Inc., et al., No. 19-1300 (2nd Cir.). Also represented Avanos Medical in related derivative actions in New York, Delaware, and California federal courts.
- Representing a Fortune 400 manufacturing company in a securities class action and related shareholder derivative actions pending in federal court in Georgia.
- Represented the 3D Systems board of directors in derivative actions in South Carolina federal and state courts, Delaware federal court, and California state court. Represented 3D Systems and several former officers as counsel in a securities class action in South Carolina federal court.
- Representing MiMedx Group Inc. in a securities class action pending in Georgia federal court and in shareholder derivative actions pending in Georgia and Florida federal and state courts.
- Represented LHC Group in a putative class action in Kentucky federal court challenging its merger with Almost Family, which created the second largest in-home healthcare provider in the country. The court denied the plaintiff’s motion for a preliminary injunction seeking to enjoin the merger vote, and the deal closed as scheduled. The court subsequently granted the motion to dismiss in its entirety and entered judgment in LHC’s favor.
- Representing Astec Industries along with certain of its present and former officers in a shareholder securities class action pending in Tennessee federal court.
- Represented Internap in a securities class action and related derivative actions in Georgia federal and state courts related to various disclosure issues.
- Represented Coca-Cola Enterprises and its board of directors in a series of class actions in Delaware Chancery Court related to the formation of Coca-Cola European Partners. The deal closed as scheduled.
- Represented The First Bancshares Inc. and its board of directors in two securities class actions in Mississippi federal court and Florida state court related to several transactions. The deals closed as scheduled.
- Represented LHC Group in a securities class action and related derivative actions in Louisiana federal court related to various disclosure issues.
- Member of the trial team that obtained a verdict rejecting the majority of the FDIC’s negligence and breach of fiduciary duty claims against the former directors and officers of a closed bank.
- Represented a Fortune 500 public company in an internal investigation arising from a whistleblower’s allegations and related shareholder demands.
- Represented the board of directors of Ebix in a class and derivative action pending in Delaware Chancery Court related to certain corporate governance actions.
- Represented numerous distressed financial institution directors and officers in investigations, enforcement actions, and lawsuits involving the FDIC, OCC, and Federal Reserve Bank.
- Represented individuals and companies in SEC investigations involving insider trading, misstatements in public filings, and related issues.
- Phone: 404.881.7132
- Other Phone: 212.210.9568
- Email: elizabeth.clark@alston.com
Elizabeth represents directors and officers of publicly held companies and financial institutions in complex civil disputes. Clients turn to her for guidance when facing allegations of breach of fiduciary duties, corporate governance disputes, or regulatory actions.