Augusta S. DowdShareholder, Vice President & Managing Lawyer

Biography

With over thirty-five years of experience as a trial lawyer, primarily in civil and complex litigation and white collar criminal defense, Ms. Dowd practices in federal and state courts, administrative proceedings, and arbitrations. She serves both as a mediator and an arbitrator and represents both plaintiffs and defendants in a broad spectrum of complex and civil litigation, including: business, class action, financial services, and telecommunications cases; complex trust disputes and will contests; complex personal injury litigation; mass tort, pharmaceutical, and environmental tort actions; probate; and qui tam “whistleblower” and Title IX matters. She has extensive experience representing corporations and individuals in connection with corporate shareholder disputes, corporate and board governance, criminal, corporate, and regulatory investigations, including health care fraud and criminal environmental matters, as well as in parallel criminal and civil proceedings. Ms. Dowd has significant experience in conducting internal corporate investigations and in governmental affairs, regulatory, and ethics (both judicial and legal) issues. Additionally, she handles executive severance and compensation matters and provides mediation and arbitration services.

Prior to White Arnold & Dowd:

• Federal Judicial Clerkship – United States District Court, Honorable Seybourne H. Lynne (1982-1983)
• Lange, Simpson, Robinson & Somerville of Birmingham, Alabama (1983-1995)

Ms. Dowd is married to David D. Dowd, III and has three children, Bevan, Grace and David IV.

Affiliations

• Alabama State Bar
  • Immediate Past President (2018-2019)
  • President (2017-2018)
  • President-Elect (2016-2017)
  • Bar Commissioner, 10th Judicial Circuit, Place 5 (2009-2016)
  • Disciplinary Committee of the State of Alabama (2009-2016)
  • Alabama Lawyer Review Task Force (2023-2024); Lawyer Voices for Survivors Task Force (2020-2021); Finance and Audit Committee (2016-2020); Disciplinary Rules & Enforcement Committee (2019-2020); Personnel and Bar Operations Oversight Standing Committee (2016-2017; 2019-2020); Executive Committee (2016-2019); Succession Planning Task Force (2016-2017); Long Range Planning Committee (2016-2017); Local Bar Task Force (2016-2017); Chair, Governmental Ethics Task Force (2016-2017)
• Birmingham Bar Association
  • Executive Committee (2004-2007)
  • Chair, Grievance Committee (2009-2010); Chair, Future Leaders Forum (2008-2009); Diversity Task Force (2006-2007)
• American Board of Trial Advocates ("ABOTA")
  • President of Alabama Chapter (2015)
  • President-Elect of Alabama Chapter (2014)
• International Academy of Trial Lawyers
  • Board of Directors
  • Admissions Committee
• American Bar Association
• Jefferson County Judicial Commission, Member (2019-present)
• Judicial Inquiry Commission, Member (2011-2017)
• Women’s White Collar Defense Association, Member
• St. Luke’s Episcopal Church
  • Chancellor to the Bishop of the Episcopal Diocese of Alabama (2021-2024)
  • Assistant Chancellor to the Bishop of the Episcopal Diocese of Alabama (2009-2020; 2024-present)
  • Church Attorney (2002-2005)
• YWCA Central Alabama
  • Executive Committee (2011-2014)
  • Board of Directors (2010-2016)
• Mountain Brook Schools Early Warning Panel, Member (1995-2009)
• Alabama Committee of the Newcomen Society, Member

Communications

Publications

• A.M. Salem, “Removal of Public School Library Books: The First Amendment Versus the Local School Board,” 34 VAND. L. REV. 1407 (1981).

Speaking Engagements

• “The Intersection of Social Media and Judicial Ethics: “#Proceed with Caution,” Jefferson County Circuit and District Court Judges, May 6, 2022.
• “The Intersection of Social Media and Judicial Ethics: “#Proceed with Caution,” Jefferson County District Court Judges, February 9, 2022.
• “Appearances Do Matter,” 2019 Circuit and District Judges Mid-Winter Training, Florence, January 24, 2019.
• “So: Your First Name is About to be ‘Judge,’” New Judges Orientation 2018, Montgomery, December 3, 2018.
• "Innovative Defense Strategies in Business Litigation," Class Actions and Business Litigation 2018, Cumberland School of Law, November 30, 2018.
• ASB "State of the Bar" presentations: Butler County Bar (June 25, 2018), Covington/Escambia Bar (May 31, 2018), Dallas/Wilcox/Hale/Bibb/Perry Bar (May 17, 2018), Chilton County Bar (May 8, 2018), Marion/Winston Bar (May 2, 2018), Autauga County Bar (March 30, 2018), DeKalb/Jackson/Cherokee Bar (March 28, 2018), Chambers/Randolph Bar (March 27, 2018), Cleburne/Calhoun Bar (February 15, 2018), Lee County Bar (February 9, 2018), Etowah County Bar (November 3, 2017), Houston County Bar (October 25, 2017), Tuscaloosa County Bar (September 27, 2017).
• Alabama State Bar Admissions Ceremony, Montgomery, May 24, 2018.
• "Taking Your Seat at the Table," Birmingham School of Law Commencement, May 20, 2018.
• "What to do When the Government Comes Knocking," CLE Presentation, ASB YLS Orange Beach Seminar, Perdido Beach Hilton, May 18, 2018.
• "Presidential Remarks," ASB Minority Pre-Law Conferences, Birmingham (high school students -- February 15, 2018; college students -- April 18, 2018).
• Alabama State Bar Leadership Forum, Montgomery, January 18, 2018.
• Montgomery Bench & Bar CLE, Montgomery, November 30, 2017.
• Beasley Allen Legal Conference, Montgomery, November 17, 2017.
• Professionalism Seminar, Cumberland School of Law, November 10, 2017.
• Pro Bono Task Force Celebration, Tuscaloosa, October 12, 2017.
• Alabama State Bar Admissions Ceremony, Montgomery, October 12, 2017.
• “Retreat to the Beach,” ABICLE, Orange Beach, October 6, 2017.
• “The Legacies They Left,” Red Mass, Montgomery, October 2, 2017.
• "Called to the Bar,” Cumberland School of Law, September 29, 2017.
• Military Law Symposium, JAG School, Maxwell Air Force Base, Montgomery, July 21, 2017.
• "President’s Address," Alabama State Bar Annual Meeting, July 15, 2017.
• “Law Office Management and Time Management Skills and Techniques,” Group Mentoring Program, Mobile Bar Association, April 28, 2017.
• "He Said What? Professionalism in the Modern Workplace," 21st Annual BBA Bench and Bar Retreat, Prattville Marriot, March 3, 2017.
• “Perils of Public Officials and Employees - Ethics Law Investigation From Start Through Appeal,” CLE Presentation, Birmingham Bar Association, February 17, 2017.
• "Representing Lawyers and Other Professionals in Criminal Matters," Huntsville, April 20, 2016.
• "'Zealous Advocate' or 'Zealous Zealot?'" Madison County Bar Association, March 2, 2016; Mobile County Bar Association, October 20, 2016.
• “What If My Civil Client Engaged in Criminal Activity?” CLE Presentation, Birmingham Bar Association Meeting, November 8, 2013.
• “What to Do When the Government Comes Calling: What Every Practitioner Needs to Know About White Collar Crime,” CLE Presentation, Alabama State Bar Annual Meeting, July 18, 2013.
• “You Better Think: Hitting the Right Note for a Successful Mediation,” CLE Presentation, Birmingham Bar Association ADR Section Year-End Seminar, November 29, 2012.
• “Dealing with the Elephant in the Room: Communication Essentials for a Changing World,” Guest Lecturer, University of Alabama at Birmingham, October 2, 2011 and January 29, 2012.
• University of Alabama School of Law, Adjunct Professor for Advanced Civil Procedure, Fall 2010.
• “Recruiting and Retaining Diverse Attorneys,” CLE Presentation, Alabama State Bar Annual Meeting, July 17, 2009.
• “Dealing with Criminal Environmental Investigations,” CLE Presentation, Alabama State Bar Environmental Law Section 18th Annual Beach and Bar Symposium, June 20, 2009.
• “Civil Defendants Facing Criminal Indictment and/or Grand Jury Indictment,” “Recent Developments” CLE Presentation, Cumberland School of Law, December 19, 2008.

Representative Cases

• Represented defendant corporation in a series of mass tort lawsuits in which the plaintiffs alleged a variety of physical conditions resulting from PCB exposure; resulted in verdicts for defendant in two separate jury trials.
• Represented client in complex civil suit alleging violations of Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy, tortious interference with contractual or business relations, and tortious interference with prospective business relationships.
• Represented former financial institution executive before the Securities and Exchange Commission and Federal Reserve Board of Governors, and in other, related investigative matters.
• Represented defendant corporation in shareholder derivative action.
• Represented defendant corporation in minority oppression and corporate fraud action.
• Represented minority owner of banking institution in shareholder proxy fight.
• Represented individual in securities civil and criminal cases alleging Ponzi scheme.
• Represented individual relator in qui tam case involving a university grant issue.
• Represented individual relator in qui tam alleging Stark Law violations.
• Defended healthcare provider in qui tam alleging healthcare fraud.
• Represented religious leader in lawsuit against State of Alabama covering newly enacted anti-immigration act which infringed on constitutionally protected rights.
• Defended owner of construction company charged with criminal conspiracy, bribery of a public official, and obstruction related to the federal government’s investigation of the community college system in the State of Alabama; resulted in acquittal after two-and-a-half-week trial.
• Represented public official criminally charged with ethics violations; resulted in acquittal after 10-day trial.
• Defended plant engineer in criminal case charging conspiracy to violate Clean Water Act; client dismissed by court at close of United States Government’s case after one month of trial.
• Represented manufacturing plant in investigation of alleged criminal violations of Clean Water Act.
• Represented key witness in criminal trial of alleged Medicaid fraud “kick-back” conspiracy scheme.
• Represented bank executive in connection with the Federal Deposit Insurance Corporation’s investigation of issues related to bank failure.
• Represented multiple healthcare providers during investigations and/or audits by the Office of Inspector General, U.S. Department of Health and Human Services, the U.S. Department of Justice, and Blue Cross and Blue Shield of Alabama.
• Represented pharmaceutical manufacturer in connection with charges by the Alabama Board of Pharmacy alleging violations of the Alabama Pharmacy Practice Act.
• Defended gaming corporation in connection with seizure of alleged illegal gaming devices by the State of Alabama.
• Defended healthcare financial services professional charged with conspiring to create false accounting entries for cost reports to obtain inflated reimbursements from Medicare.
• Represented physician before the Medical Licensure Commission of Alabama regarding allegations of improper prescribing and documentation practices.
• Represented former financial institution executive in investigation of financial institution.
• Represented financial institution in production of records related to federal investigation of customer.
• Represented physician in credentialing dispute with local healthcare system.
• Represented corporate financial officer in federal investigation of fraud related to government contracts.
• Defended practice manager charged with tax evasion related to the management of a medical practice in rural Alabama; charges arose as a result of federal government’s investigation of the medical practice for healthcare fraud related to improper bundling and “upcoding “of claims submitted to Medicare.
• Represented corporation in Internal Revenue Service dispute alleging structuring of currency deposits.
• Represented numerous individuals during investigations of alleged financial and regulatory fraud.
• Advised multiple corporations, individuals, and government officials in responding to grand jury subpoenas and/or appearing before grand juries.
• Advised multiple corporations and their general counsel regarding internal investigations and coordination of same.
• Represented numerous executives in executive severance disputes.