Larry B. Childs
205.226.5701
Overview
Larry Childs has counseled a variety of businesses from financial institutions to medical providers and manufacturers on a diverse range of matters. Skilled in handling complex litigation, whether resolved through an early settlement, arbitration, trial, or on appeal, Mr. Childs adopts the strategy of "relentlessness in the pursuit of excellence." He lays out a success strategy at the earliest stage of conflict and follows it until the client accomplishes its objectives.
Mr. Childs' focused strategic planning with constant adjustments assures clients that their ultimate goals are top of mind. Long-term relationships with clients, spanning decades in many cases, make possible his vision of being a true member of the client's team.
Although representing financial institutions has been a principal focus of his practice, over his distinguished litigation career Mr. Childs has "done it all." From cases involving consumer class actions to industrial accidents to criminal allegations against company executives, to claims by healthcare providers against HMOs and insurance companies, he delights in simplifying complex litigation - a thought leader able to combine ideas from diverse fields to achieve creative results. Mr. Childs led a litigation team in the Jefferson County, Alabama bankruptcy - one of the largest municipal bankruptcy cases in American history. He successfully argued a ground-breaking Fraud-on-the-Market securities case to an en banc federal appeals court. He recently obtained a multi-million arbitration award for a small healthcare provider. His greatest satisfaction comes from ending cases before they get off the ground - sometimes by talking the opposing counsel out of pursuing the claim. He has tried lawsuits and arbitrations in a variety of forums (including overseas) and successfully resolved disputes of all kinds. In addition to his litigation practice, Mr. Childs is a qualified American Arbitration Association arbitrator.
Mr. Childs maintains a diverse portfolio of cases, including:
- bookkeeper embezzlement cases
- lender liability suits
- lending discrimination claims
- personal and corporate trust matters
- regulatory matters
- securities and ERISA class actions
- shareholder derivative lawsuits
- healthcare provider disputes
- non-competition covenant disputes
Representative Experience
- Defended AvKARE, Inc. against securities fraud allegations related to an SEC and Department of Justice investigation of healthcare manufacturer MiMedx
- Defended AmSouth Bancorporation against several state insurance commissioners who sought to recover lost funds from a $200 million embezzlement perpetrated against multiple casualty insurance companies. Negotiated a nominal settlement of the claims below the cost of defense
- Represented five banks within a bank group in absolving claims of repayment to Wells Fargo Bank following an unauthorized settlement Wells Fargo made on the other banks' behalf. After a lengthy arbitration hearing, the panel ruled in favor of our clients
- Defended U.S. Bancorp against a class action lawsuit alleging that U.S. Bancorp violated certain laws in the plaintiffs' contracts by charging excessive fees for force-placed casualty insurance. Resolved the dispute via a nationwide settlement
- Defended Community Bank against claims by its former Chief Lending Officer alleging that he was fired as a result of several whistleblower complaints he made to the bank's regulators. The case settled favorably for Community Bank.
- Represented Regions Bank in upholding the enforceability of an interest-rate swap during arbitration against the owners of a professional institution of medical technologies who had entered a construction loan for a planned expansion of the institution
- Represented five national financial institutions in successfully defending an arbitration claim involving a $150 million loan syndicate
- Represented former officers and directors of federally insured financial institutions in Alabama and Florida in connection with claims asserted by Federal Deposit Insurance Corporation
- Represented a group of officers and directors of Superior Bancorp in criminal securities fraud grand jury investigation being conducted by the U.S. Attorney for the Northern District of Alabama
- Obtained summary dismissal of a securities suit against U.S. Bank National Association, who had acted as an indenture trustee to a securities brokerage firm
- Successfully defended Primerica Life Insurance Company against conspiracy and breach of contract claims, among others, related to a change in beneficiaries in a life insurance policy
- Defended outside directors of Colonial Bank and its sole shareholder, Colonial Bancgroup, Inc., following the bank's failure against multiple lawsuits included securities fraud, suits against the directors, and shareholder derivative lawsuits. We obtained dismissals of certain actions and successfully settled the remaining claims within the officers' D&O insurance.
- Defended Regions Bank against fraud claims alleging gold coin collateral was not returned by the bank to the proper owner following the repayment of a personal loan. Successfully settled the matter on behalf of the bank.
- Representing Regions Bank in three class actions related to PPP loans pending in federal courts in Alabama and Florida and also appeared on its behalf before the US Multidistrict Panel
- Defended Regions Bank against breach of contract and Tennessee Consumer Protection Action violation claims brought by a borrower. After two years of litigation, the federal court entered a summary judgment in favor of Regions.
- Defended Regions Bank in a financial litigation suit brought by First Assembly of God of Griffin Georgia, who alleged that the bank misrepresented terms on a commercial loan. After an evidentiary hearing on the merits, the arbitration panel ruled in favor of Regions, holding that the bank owed the mega-church nothing.
- Represented individuals in defense of securities fraud federal grand jury investigation in the Northern District of Alabama; matter closed without any client being charged
- Represented a specialty finance firm against fraudulent transfer allegations and received dismissal from the federal court for lack of personal jurisdiction
- Defending Truist Bank against allegations that Truist breached its fiduciary duties to the trust beneficiaries by failing to restrain payments from the trusts for which it had responsibility
- Successfully defended a malicious prosecution action against U.S. Bank. The case helped to established favorable new precedent in Alabama Supreme Court
- Successfully defended a bank against claims that it bore responsibility for embezzlement committed by a non-profit foundation's employee
- Successfully obtained a dismissal of an antitrust claim against RegionalCare Hospital Partners alleging monopolization of the northwest Alabama market
- Represented Central Alabama Radiation Oncology in securing an appellate victory from the Alabama Supreme Court in an Open Records Act case against a competing health system
- Defended AvKARE against claims that it provided Fludrocortisone acetate that was manufactured in India, a country that is not permitted to export products for sale to the U.S. Government
- Defended DaVita, Inc. against DaVita medical directors seeking to nullify a non-compete agreement for their own private practice. Successfully removed the case and obtained a transfer to a more convenient forum. The lawsuit is currently pending.
- Represented two physician emergency groups in recovering lost compensation from an HMO for services performed out of network.
- Represented a pharmaceutical company that distributes a generic version of Valsartan medication in seeking indemnity following loss of revenue due to a recall of the medication from the FDA. Successfully obtained full indemnity from the manufacturer.
- Assisted a physician with his separation from his former practice, negotiated an exclusive services contract between the client’s new practice and a major hospital, and defended the client against tortious interference and related claims asserted against him by his former partners
- Successfully defended Computers Unlimited against claims brought by a customer who alleged that the software they purchased was defective. The case was settled prior to trial.
- Represented Dollar General in a personal injury lawsuit resulting from an accident in which a Dollar General customer was hit by a vehicle that crashed into a store, resulting in permanent disability
- Defended a German engineering company in two separate international arbitration claims that arose from a catastrophic chemical plant explosion. Following the completion of the first arbitration in London England, the owner agreed to settle all claims for less than the defense costs.
- Represented JX Nippon Oil & Energy USA, Inc. by negotiating a satisfactory agreement with the Alabama Department of Agriculture and Industries after the discovery of inspection tax which was due on products manufactured in Alabama but were sold in interstate commerce
- Represented an appointed Indenture Trustee in connection with litigation that arose from Jefferson County, Alabama defaulting on approximately $3.2 billion in pledged revenue bonds
- Defended the State of Alabama Department of Corrections against a class action lawsuit filed by the inmates at one of the state’s maximum security prisons, claiming that the conditions at the prison constituted as cruel and unusual punishment. After two years of defending the state against the lawsuit, we were able to negotiate a settlement
- Defended Winnebago Industries Inc. against claims from an individual suggesting they were entitled to a $7.5 million finder’s fee related to unsolicited financial advice
Credentials
Education
- University of Virginia School of Law, J.D.
- The University of Alabama, B.A., magna cum laude
Bar Admissions/Licenses
- Alabama
- Tennessee
Court Admissions
- All U.S. District Courts in Alabama
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Middle District of Tennessee
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the Western District of Tennessee
- U.S. Supreme Court
Memberships
- Business Entities Committee of the Alabama Law Institute, which redrafted the corporate statutes for the State of Alabama
- Alabama Consumer Information Privacy Study, Former Member
- Grace House Ministries, Inc., Board of Directors, Founding Chairman
- Birmingham Bar Association
- Alabama Bar Association
- Tennessee Bar Association
Honors & Awards
- Chambers USA – America's Leading Lawyers for Business guide, Litigation: General Commercial, 2017-2023
- The Best Lawyers in America guide, Banking and Finance Law, 2009-2024; Commercial Litigation, 2009-2024; Litigation - Banking and Finance, 2009-2024; Litigation - Construction, 2009-2022, 2024; Litigation - Securities, 2022, 2024
- The Best Lawyers in America guide, Birmingham Litigation - Banking and Finance Lawyer of the Year, 2019
- Mid-South Super Lawyers magazine, Business Litigation, 2008, 2010-2022; Securities Litigation, 2022; Class Action & Mass Torts, 2022