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Marcus M. Maples

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Marcus Maples counsels business clients from a broad range of industries in all matter of business disputes, including defending directors and officers in litigation involving fiduciary duty claims, shareholder disputes and allegations of minority oppression.

Featured Experience

Successfully defended one of North America's largest energy infrastructure companies in litigation alleging that the company knowingly allowed portions of their Central Alabama underground petroleum pipelines to fall into a state of disrepair, thus releasing large quantities of petroleum gas underground and contaminating surface and groundwater, among other things.

Obtained summary judgment in favor of officers and directors of financial institution in defense of shareholder derivative claims.

Obtained 100 percent recovery of the contract price plus attorneys' fees on behalf of manufacturer in claims against purchaser of equipment in multi-million dollar contract dispute in federal court.

Professional Biography

Overview

Marcus counsels business clients from a broad range of industries in all matter of business disputes. Marcus defends directors and officers in litigation involving fiduciary duty claims, shareholder disputes and allegations of minority oppression. Marcus also litigates disputes over trust and estate matters including disputes involving fiduciaries, will contests and trust litigation.

In addition, Marcus serves as national counsel for domestic and international construction companies handling all aspects of construction law including drafting contracts, pursuing and defending claims, arbitrating disputes, and litigation matters in various jurisdictions throughout the country. He also defends manufacturers and energy companies against environmental and toxic tort claims. 

Finally, he is a member of the Firm's 24 Hour Motor Carrier Emergency Response Team, a group of attorneys dedicated to providing rapid post-accident intervention and investigation throughout the Firm's footprint and beyond, whenever and wherever you need us.

Representative Matters
  • Successfully defended one of North America's largest energy infrastructure companies in litigation alleging that the company knowingly allowed portions of their Central Alabama underground petroleum pipelines to fall into a state of disrepair, thus releasing large quantities of petroleum gas underground and contaminating surface and groundwater, among other things.

  • Obtained summary judgment in favor of officers and directors of financial institution in defense of shareholder derivative claims.

  • Obtained 100 percent recovery of the contract price plus attorneys' fees on behalf of manufacturer in claims against purchaser of equipment in multi-million dollar contract dispute in federal court.

  • Obtained defense verdict on behalf of accountant in defense of multiple claims and causes of action asserted by Plaintiff.

  • Obtained defense verdict on behalf of mortgage servicer in defense of claims of wrongful foreclosure and other related servicing claims.

  • Successfully defended trustee against claims of self-dealing and theft of trust assets in large estate.

  • Represented numerous clients in connection with estate and wills and trusts disputes and litigation.

  • Successfully defended telecommunications provider in actions in state and federal courts related to claims by state agencies related to failure to pay E-911 Charges, in addition to lobbying state legislatures for modification in existing statutory language.

  • Resolved dispute of heirship land between sixty plus land owners with some individuals retaining ownership of the property and the other owners receiving their fair share of the value of the property.

  • Obtained dismissal on behalf of equipment manufacturer of environmental/toxic tort case pending in Marengo County, Alabama, involving 300 plaintiffs and 30 defendants with claims of public and private nuisance, trespass, duty to warn, fraud and strict liability. 

Professional Honors & Activities
  • Listed in Mid-South Super Lawyers, Rising Stars (2016 – 2019)
  • Listed in Alabama Super Lawyers, Rising Stars (2013 – 2015)
  • Recognized as one of Birmingham Business Journal's 2018 "Rising Stars in Law" 
  • Alabama State Bar
    • Co-Chair, Diversity Committee (2019 – 2020)
    • Chair, Rules Committee, Study the Impact of Disciplinary Process on Minorities Task Force
  • Magic City Bar Association
  • Alabama Lawyers Association
    • President (2018 – 2019)
    • Executive Board and Parliamentarian (2017 – 2018)
  • American Bar Association
  • DRI – The Voice of the Defense Bar
  • International Association of Defense Counsel (IADC)
    • Business Litigation Committee
    • Membership Committee
    • Construction Committee
  • Leadership Counsel – Alabama Law Alumni Society
  • Board of Trustees – University of North Alabama 
  • Vestavia Hills City Schools Foundation
    • Board of Directors
    • Member, Grant Committee
  • Board of Directors – Cave Canem Foundation, Inc.
  • Sigma Pi Phi Fraternity, Beta Kappa Boulé
  • Alpha Phi Alpha Fraternity, Inc.
Speaking Engagements
  • "Tips for Having a Successful Year," Magic City Bar Association Leadership Forum (September 2019)
  • Panelist – "Professional Identity: Evolving as a Minority in Law School and in the Work Place," Samford University Cumberland School of Law (October 2018)
  • Keynote Speaker – West Limestone High School Graduation, Lester, Alabama (May 24, 2018)
  • "Secrets From A Young Shareholder: How-to-Guide to Building Your Book of Business," Alabama State Bar Young Lawyers Seminar, Orange Beach, Alabama (May 2018)
  • Panelist – "The Ethics of Diversity After Rule 8.4(g)," DRI Life, Health, Disability and ERISA seminar, Boston, Massachusetts (April 2018)
  • Keynote Speaker – "The Crucial Role that Black Lawyers Play in the Success of the Black Community," Black Law Student Association Leadership Retreat, Birmingham School of Law (August 2017)
  • "Stop Waiting for Diversity - Demand it Now," Diversity & Inclusion Luncheon Keynote Address; Life Health Disability & ERISA Seminar, Chicago, Illinois (April 2017)
  • Panelist – "Perspectives from Those That Followed," Bending the Arc of History: African-Americans and The University of Alabama School of Law (March 31, 2017)
  • "The Fine Art of Cross Examination," DRI Trial Tactics Seminar (2017)
  • "Legal Professionals Guide to the Fine Art of Profitability," Birmingham Legal Professionals Association (March 2016)
  • "Leadership Re-Defined," University of North Alabama, Honors College (November 2015)
  • "Surging into Success: 7 Habits for a Highly Effective Legal Career," University of Alabama School of Law, Black Law Students Association (September 2015)
  • "Secrets from a Young Shareholder: Staying on Track to Make the Transition," DRI Young Lawyers Seminar (2014)
  • "Lessons Learned: How to Survive Your First Shareholder Derivative Case," Alabama Lawyers Association Annual Meeting (2013)
  • Keynote Speaker – "Use These Four Years to Find Your True Self," University of North Alabama Convocation (September 2012)
  • "Rules for Success in ERISA Subrogation Claims," DRI Life Health Disability & ERISA Seminar (2011)
  • "Conflict Discovery in the After-math of Met-Life v. Glenn," DRI LHD Seminar (2010)

Education

  • University of Alabama School of Law, J.D., 2006
    • President, Bench & Bar Legal Honor Society
    • John A. Campbell Moot Court Board
  • University of North Alabama, B.A., 2002
    • President, Student Government Association

Admissions

  • Alabama, 2006
  • U.S. District Court for the Northern, Middle and Southern Districts of Alabama

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