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E. Berton Spence

Partner
Birmingham Office
205.327.5550
Email

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Practices

  • Commercial Litigation
  • Product Liability
  • Class Actions
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    Profile

    Bert Spence has a broad background in commercial real estate, banking and financial services, product liability, personal injury defense, and general commercial litigation.  For more than three years, he served as the chief litigation counsel in the legal department of one of the top 10 banks in the United States.

    Bert counsels corporate clients in a wide range of litigation matters throughout Alabama state and federal courts.  He represents clients in matters involving banking, including consumer finance and consumer protection; commercial lending, including foreclosure and receivership; class actions, insurance coverage and bad faith; insurance agency and procurement issues; workplace exposure, toxic tort, general tort issues; and product liability, including automobiles, motorcycles, ATVs, industrial equipment, tools, chemical products and pharmaceutical and medical devices.

    Beyond litigation, Bert has represented numerous lenders and special servicers regarding problem loans, with a particular emphasis on remedial issues in Commercial Mortgage-Backed Securitized lending (“CMBS”) including foreclosures, deed-in-lieu transactions, receiverships, loan modifications, guaranty claims, general issues concerning realization on collateral, and leasing of lender-acquired properties.

    As the former head of a major financial services company’s in-house litigation team, he has overseen litigation and mediation/settlement activities all across the U.S. and internationally. In that role, he also supervised development of eDiscovery policies and participated in responses to governmental investigations. He is a frequent writer and speaker on legal topics.

    Details

    • Insurance
    • Banking and Financial Institutions

    • American Bar Association

      Banking Committee, Litigation, Torts and Insurance Practice Sections

    • Better Business Bureau of Central Alabama Arbitrator Panel
    • National Arbitration Forum — (Panel of Neutrals)
    • Alabama Center for Dispute Resolution Roster of Arbitrators
    • Supreme Court of Alabama Standing Committee on Rules of Appellate Procedure
    • IR Global

    University of Alabama School of Law — J.D., 1990

    Jacksonville State University — B.A.,, 1983

    • Alabama — 1990

    • U.S. District Courts of Alabama (Northern, Middle, Southern)
    • U.S. Court of Appeals (11th Circuit)

    • Best Lawyers in America, 2019 Lawyer of the Year, Commercial Transactions/UCC Law, Birmingham
    • Listed in Best Lawyers in America, Banking and Finance Law; Commercial Transactions/UCC Law, 2014-2025
    • AV-Rated Martindale-Hubbell

    • Co-Presenter, "Designing Your Company's Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel," Association of Corporate Counsel, November 2021
    • Author, "Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?" September 2021
    • Author, "Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions," March 2021
    • "Financial Services Industry Regulation in The Biden Era," Business Alabama, January 2021
    • Author, "Mortgage Lenders Beware: CARES Act Potentially Erases Billions of Dollars in Federally-Backed Loan Values," May 2020
    • Co-presenter, "Mortgage Banking Law," Mortgage Bankers Association of Alabama Education Session, June 7, 2017

    • Served as Deputy General Counsel for $140 billion financial services company where he managed litigation throughout the nation and internationally as head of a five-lawyer litigation team;
    • Represented the country’s largest Special Servicers in CMBS problem loan remediation;
    • Defended products for many of the largest national and international manufacturers in both personal injury (product-liability) and warranty claims.;
    • Handled commercial litigation – including class actions — for large and small companies, including some of the largest banks and insurers in the U.S.;
    • Defended one of the largest transportation companies in the world in a series of hundreds of workplace exposure cases;
    • Defended leading pharmaceutical and medical device manufacturers in drug and device litigation;
    • Successfully represented Alabama’s Governor in a constitutional challenge to the state’s property tax system.
    • Served as arbitrator, beginning in 2001, in over 40 cases, all decided with reasoned (written) opinions and selected for inclusion on the National Arbitration Forum’s Panel of Neutrals as well as the Alabama Center For Dispute Resolution’s Roster of Arbitrators;
    • Wrote and worked for passage of numerous items of legislation involving Alabama’s tort laws and civil procedure, class action certifications, and healthcare laws, as well as drafting proposed amendments to the Federal Rules of Civil Procedure for the country’s leading defense bar organizations to ensure fact-based pleading and proportional discovery.

    Bert's News and Insights

    See All News See All Insights Read Beyond the Bio
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    08.15.2024
    Firm News

    Best Lawyers in America® 2025 Edition Recognizes 24 RumbergerKirk Attorneys

    Two Named  “Lawyer of the Year” and Two Named “Ones...

    09.21.2023
    Media Mentions

    When Legal Issues Loom, Small Business Are Wise to Think Outside Their Own Offices, Business Alabama

    Hiring an external general counsel can be advantageous for smaller...

    08.17.2023
    Firm News

    Best Lawyers in America© Recognizes 24 RumbergerKirk Attorneys with Managing Partner Frank Sheppard Named Lawyer of the Year

    ORLANDO, FL – August 17, 2023 – Best Lawyers has...

    08.19.2022
    Firm News

    23 RumbergerKirk Attorneys Named to Best Lawyers in America© 2023

    Orlando, Fla., August 18, 2022 – RumbergerKirk is pleased to...

    01.05.2022
    Media Mentions

    Banking Experts Talk What’s On the Horizon for 2022, Birmingham Business Journal

    Bert Spence joins a roundup of banking experts to discuss...

    12.16.2021

    Top Tips: Cost-effective and Timely Dispute Resolution

    Bert Spence provided the following top tips for timely dispute...

    11.02.2021
    Events

    Designing Your Company’s Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel

    Rebecca Beers, Bert Spence and Pete Tepley teamed up for...

    09.08.2021
    Bankruptcy and Restructuring

    Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?

    Stay Tuned for the Coming Ruling from the U.S. Court...

    Shutterstock.com/J.J. Gouin
    08.19.2021
    Firm News

    Eighteen RumbergerKirk Attorneys Named to Best Lawyers in America© 2022

    ORLANDO – August 19, 2021 – RumbergerKirk is pleased to...

    08.09.2021
    Media Mentions

    Lawsuits Greet Biden’s Latest Attempt at a Eviction Ban, GlobeSt.com

    In an article published in GlobeSt.com, Bert Spence is included...

    See All News See All Insights Read Beyond the Bio

    Offices

    Orlando

    300 South Orange Avenue
    Suite 1400
    Orlando, FL 32801

    407.872.7300

    Miami

    80 Southwest 8th Street
    Suite 3000
    Miami, FL 33130

    305.358.5577

    Tampa

    100 North Tampa Street
    Suite 2000
    Tampa, FL 33602

    813.223.4253

    Tallahassee

    101 North Monroe Street
    Suite 1050
    Tallahassee, FL 32301

    850.222.6550

    Birmingham

    2001 Park Place North
    Suite 1300
    Birmingham, AL 35203

    205.327.5550
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