- Counsel of record in Stoneridge Investment Partners LLC v. Scientific-Atlanta Inc. and Motorola Inc., before the Eastern District Missouri, the 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. 522 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 their stock purchase or sale decisions.
- Represented Dell Inc. and its D&Os in securities class action litigation in the Western District of Texas. City of Pontiac General Employee’s Retirement System v. Dell Inc.
- Member of trial team that represented Dell Inc. in appraisal proceedings in Delaware Chancery Court resulting from the “go private” acquisition of the company by Michael Dell and affiliates of Silver Lake Partners. In re Appraisal of Dell Inc.
- Represented Dell Inc. in stockholder litigation in Delaware Chancery Court and in Massachusetts State and Federal Court related to Dell’s acquisitions of Compellent Technologies and EMC. In re Compellent Technologies Inc.; Stull v. EMC Corporation; IBEW v. Tucci.
- Represented Dell Technologies Inc. in shareholder litigation concerning Dell’s negotiated redemption of its Class V common stock in Delaware Chancery Court. In re Dell Technologies Inc. Class v. Shareholders Litigation.
- Represented Dell and its D&Os in an ERISA class action in the Western District of Texas. Lowbruck v. Dell Inc.
- Represented MIVA, Inc. and its D&Os in securities class action litigation and stockholder derivative litigation in the Middle District of Florida. In re MIVA Inc. Securities Litigation; Verduyn v. Pisaris-Henderson, et al.
- Represented MIVA, Inc. and its D&Os in stockholder derivative litigation in the Supreme Court of the State of New York related to the company’s acquisition by Inuvo. Badowski v. Corrao, et al.
- Represented Synovus and its D&Os in securities class action litigation filed in the Northern District of Georgia. In re Synovus Financial Corporation Securities Litigation.
- Represented Babcock & Wilcox Enterprises and its D&Os in securities class action litigation and in stockholder derivative litigation in the Western District of North Carolina, the North Carolina Superior Court, Delaware Chancery Court, the Delaware District Court, and the Northern District of Ohio. Ollila v. Babcock & Wilcox Enterprises; Deangelis v. Ferland, et al.; Marks v. Ferland, et al.; Parker v. Avril, et al.; Cho v. Babcock & Wilcox Enterprises.
- Represented Healthways Inc. and its D&Os in securities class action litigation and in stockholder derivative litigation in the Western District of Tennessee and the Chancery Court for Davidson County. Beach v. Healthways Inc.; In re Healthways Inc. Dervatives Litigation.
- Represented HealthSouth and its D&Os in securities class action litigation in the Northern District of Alabama. In re HealthSouth Securities Litigation.
- Represented Comverge Inc. and its D&Os in stockholder derivative litigation in Delaware Chancery Court related to the company’s merger with a financial acquiror. In re Comverge Inc. Shareholders Litigation.
- Represented Scientific-Atlanta Inc. and its D&Os in securities class action litigation and in stockholder derivative litigation filed in the Northern District of Georgia, the Southern District of New York, and in Gwinnett County Superior Court. In re Scientific-Atlanta Securities Litigation; In re Adelphia Communications Corporation Securities & Derivative Litigation; Thompson v. Scientific-Atlanta Inc.; Argent Classic Convertible Arbitrage Fund L.P. v. Scientific-Atlanta Inc., et al.
- Represented Cogdell Spencer Inc. and its D&Os in stockholder litigation involving a merger with Ventas Inc. in North Carolina Superior Court and Maryland Circuit Court. Sesholtz v. Braunet al.; In re Cogdell Spencer Inc. Shareholder Litigation.
- Represented Schweitzer-Mauduit International, Inc. and its D&Os in a securities class action in the Northern District of Georgia. City of Pontiac v. Schweitzer-Mauduit International Inc.
- Represented Profit Recovery Group and its D&Os in securities class action litigation in the Northern District of Georgia. In re Profit Recovery Group International Inc. Securities Litigation.
- Represented Riscorp Inc. and its D&Os in securities class action litigation filed in the Middle District of Florida. Chap-Cap Partners LLC v. Riscorp.
Susan E. Hurd
Partner,
- Phone: +1 404 881 7572
- Email: susan.hurd@alston.com
Susan has more than three decades’ worth of experience representing companies and executives across the country in securities class actions, derivative actions, merger litigation, and SEC and internal investigations. She has secured early dismissals for clients and defended them on appeal, including before the U.S. Supreme Court.
A frequent speaker and author, Susan Hurd writes and presents on emerging trends in securities litigation and class action strategy. She also advises clients on the legal and ethical implications of artificial intelligence, including best practices relating to privilege, discovery, and governance. Susan has been recognized by Chambers USA for Litigation: Securities – Georgia.
Susan received her undergraduate degree, summa cum laude, from Vanderbilt University and her J.D. from Vanderbilt University School of Law. While in law school, she was a Baker-Worthington Scholarship recipient, served on the Moot Court board, was a student articles editor for the Vanderbilt Law Review, earned a place on the Dean’s List, and was selected to the Order of the Coif.
Bar Admissions
- Georgia
- U.S. Supreme Court
Education
- Vanderbilt University (J.D., 1992)
- Vanderbilt University (B.A., 1989)