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Badge Humphries represents individuals and institutional investors in securities fraud and shareholder litigation, plaintiffs in products liability and other personal injury cases, landowners in eminent domain and land-use cases, parties engaged in business disputes, and defendants in white-collar criminal matters.
As part of his securities fraud and shareholder litigation experience, he has successfully represented Ponzi scheme victims in cases against broker-dealers, accountants and attorneys for their involvement with the underlying scheme. In this capacity, he successfully certified a class of investors pursuing claims against a major brokerage firm in one of the first cases to interpret the most recent version of the Uniform Securities Act as adopted by South Carolina. As part of that case’s eventual resolution, the majority of class members received 100 percent of their losses in the Ponzi scheme. The group has also successfully tried a Ponzi scheme victim’s claims and secured a verdict that included punitive damages against an accounting firm.
In representing investors in public companies, he has served as lead counsel in cases alleging securities fraud or breach of fiduciary duty against defendants in the financial, pharmaceutical/medical device, healthcare, mining, and consumer retail sectors. Currently, he represents the California State Teachers’ Retirement System (CalSTRS), the world’s largest educator-only pension and nation’s second largest public pension fund, in claims against officers and directors of Massey Energy arising out of the most deadly mining disaster in the United States since 1970.
Mr. Humphries also regularly handles other types of complex litigation on behalf of individual plaintiffs, particularly cases involving alleged defective products and professional malpractice. He has prosecuted several multi-week trials involving claims of defective products, including an eight-week consolidated trial in Virginia involving more than 1,200 asbestos plaintiffs. Mr. Humphries has also represented the Commonwealth of Kentucky’s Division of Workers’ Compensation Funds in subrogation claims against the manufacturers of allegedly defective dust masks.
He also represents landowners in eminent domain and other property rights matters. Working with landowners, appraisers, biologists, tax attorneys, and partners in the conservation community, Mr. Humphries served for two years as Ducks Unlimited’s Director of Land Protection for its South Atlantic Region (SC, NC, GA, FL). In that capacity, he negotiated conservation easements, worked with the U.S. Army Corps of Engineers and state entities (DHEC and OCRM) on environmental regulations, and represented the organization on foundation and land-protection task forces. In 2006, he and others received Ducks Unlimited’s Wings of Innovation Award for their work on a multi-landowner, multi-partner conservation deal that protected 13,000 acres in the Ashley River Historic District.
Mr. Humphries has been an invited guest speaker at numerous conferences across the country and consulted on a variety of legal matters by various news outlets and publications. He currently serves on the Board of Governors of the South Carolina Association for Justice (SCAJ) as Consumer and Securities Law Section Chair and recently received an SCAJ President’s Award for his service to the organization. A native of Columbia and graduate of Heathwood Hall Episcopal School, he currently serves as the managing partner of the Charleston office of Lewis Babcock. He is licensed to practice in Georgia, Kentucky, South Carolina, Texas and West Virginia and can be reached directly at 843-883-7444.
Tulane University, 1996
- B.A. summa cum laude
- Phi Beta Kappa
The University of Texas School of Law, 2001
- J.D. with honors
- Texas Law Review
Bar Admissions and Memberships
- Texas, 2001
- South Carolina, 2004
- Kentucky, 2009
- West Virginia, 2011
- Georgia, 2014
- U.S. Court of Appeals, Fourth Circuit, 2010
- U.S. District Court, Eastern District of Texas, 2002
- U.S. District Court, District of South Carolina, 2005
- U.S. District Court, Eastern District of Michigan, 2009
- U.S. District Court, Southern District of Texas, 2010
- U.S. District Court, Northern District of Illinois (General Bar), 2013
- U.S. District Court, Western District of Kentucky, 2014
- U.S. District Court, Northern District of Georgia, 2014
- James L. Petigru American Inn of Court
- National Association of Public Pension Attorneys (NAPPA)
- American Association for Justice (AAJ)
- South Carolina Association for Justice (SCAJ)
- Member of the Board of Governors
- Consumer and Securities Law Section Chair
- 2014 President’s Award Recipient
- Charleston County Bar Association
- Public Investors Arbitration Bar Association (PIABA)
- Attorney, Motley Rice LLC, 2002-2005, 2007-2014
- Director of Land Protection, South Atlantic Region, Ducks Unlimited, 2005-2007
- Law Clerk, U.S. District Court, Eastern District of Texas, Honorable Thad Heartfield, 2001-2002
Recent Articles and Presentations
- Ponzi Victims’ Third-Party Claims: Law and Practice, The Justice Bulletin, Summer 2014
- 8/14 – SCAJ Annual Convention – Halliburton and Chadbourne: All You Need To Know (Hilton Head, SC Aug. 7, 2014)
- 1/13 – Opal Financial Group, Public Funds Summit – Panelist, Legal Issues Facing Public Pensions (Scottsdale, AZ Jan. 9, 2013)
- 8/13 – SCAJ Annual Convention – Moderator, Arbitrate This: A Compelling Panel Discussion (with Senior U.S. District Judge Norton, S.C. Circuit Judge Newman, Bill Narwold, Brian Boger, and Stephen Suggs) (Hilton Head, SC Aug. 1, 2013)
- 3/12 – Texas Association of Public Employee Retirement Systems (TEXPERS) Annual Conference – Panelist, The Importance of Litigation in Protecting Plan Assets (Corpus Christi, TX Mar. 27, 2012)
- 8/12 – Sheet Metal Workers’ International Association, Annual Conference 2012 – Asbestos and Securities Litigation Developments (San Diego, CA Aug. 23, 2011)
- 8/12 – SCAJ Annual Convention – Moderator, Fee Awards: Ethics and Practice (with Senior U.S. District Judge Duffy, Chief Judge Few of the S.C. Court of Appeals, Cam Lewis, Jim Griffin, and William Applegate) (Hilton Head, SC Aug. 2, 2012)
- 6/11 – National Summit on the Future of Fiduciary Responsibility – Panelist, Fiduciary Responsibilities: The New Role of Institutional Investors as Private Regulators and Agents of Change (New York, NY – June 9, 2011)
- 2/11 – Opal Financial Group’s Investment Education Symposium in Conjunction with the Louisiana Trustee Education Council (LATEC) – Legal Issues in Equity Investing (New Orleans, LA Feb. 28, 2011)
Selected Representative Cases
- California State Teachers’ Retirement System v. Blankenship, No. 10-C-715 (W. Va. Cir. Ct.); and Manville Personal Injury Trust v. Blankenship, No. 07-C- 1333 (W. Va. Cir. Ct.) (regarding Massey Energy Co.).
- Hill v. State Street Corp., C/A No. 1:09-cv-12146-NG, 2011 WL 3420439 (D. Mass. Aug. 3, 2011) (order denying MTD); (case settled for $60 million in July 2014).
- City of Sterling Heights General Employees’ Retirement System v. Hospira, No. 11-C-8332, 2013 WL 566805 (N.D. Ill. Feb. 13, 2013) (order re MTD) (case settled for $60 million in March 2014)
- Brown v. Charles Schwab & Co., Inc., C/A No. 2:07-cv-03852-DCN, 2009 WL 4809426 (D.S.C. Dec. 9, 2009) amended, C/A No. 2:07-CV-03852DCN, 2010 WL 424031 (D.S.C. Feb. 1, 2010) (class cert order) (Non-ETC Subclass settled Sept. 17, 2010, order entered Nov. 9, 2010; ETC Subclass settled June 1, 2011, order entered July 27, 2011)
- Hays v. Pearlman, C/A No. 2:10-cv-01135-DCN (D.S.C.), 2010 WL 4510956 (D.S.C. Nov. 2, 2010) (order denying MTD); (case settled June 1, 2011; order entered Oct. 24, 2011)
- Beard v. Dixon Hughes, PLLC, No. 2010-CP-08-0776 (Berkeley Cty. Ct. Com. Pl., 9th Judicial Cir. Aug. 2, 2011)
- Stevenson v. Kavanaugh (regarding Force Protection, Inc. shareholder derivative action), No. 2008-CP-10-1735, (Charleston Cty. Business Ct. Feb. 10, 2009), order available at http://www.judicial.state.sc.us/courtOrders/displayOrder.cfm?orderNo=2009-02-10-01
- Mercier v. Whittle (regarding The South Financial Group, Inc. shareholder derivative action), No. 2008-CP-23-8395 (S.C. Ct. Com. Pl., Greenville Cty. Business Ct.)
- In re Lear Corp. Shareholder Litigation, No. 2728-N, 926 A.2d 94 (Del. Ch. 2007)
* Please remember that every case is different. Any result achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.