ATTORNEY BIO
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880 Montclair Road Suite 100 Birmingham, AL 35213
Assistant
Kristi Erwin
Legal Assistant
bio image Heather R. Demyan
associate

Heather is a member of the Securities, Architects and Engineers, Construction, and Environmental Litigation Groups.

Heather has broad experience defending brokerage firms and financial advisors against claims asserted by customers in state and federal courts, as well as in arbitrations before the Financial Industry Regulatory Authority, Inc. She has experience defending claims of breach of fiduciary duty, unsuitability, sales practice violations, selling away, churning, and misrepresentation.

The remainder of Heather's practice is devoted to representing architects, engineers, design builders and construction managers in design and construction defect cases alleging claims of professional negligence, breach of warranty and building code violations. She also defends manufacturers and distributors of hazardous materials against environmental tort claims.

Heather received her Juris Doctor from Cumberland School of Law. She holds a Masters of Business Administration from Samford University's Brock School of Business and Bachelor's degree from the University of Florida. During law school, she served as Research and Writing Editor of the American Journal of Trial Advocacy, Honor Court Chief Justice and a Caruthers Teaching Fellow.

Professional Profile
Member, Alabama Bar Association
Member, Birmingham Bar Association
Member, Young Lawyers Section of the Alabama Bar
Member, Florida Bar Association
Member, Young Lawyers Section of the Florida Bar
Admitted
  • All Alabama State Courts
  • All Florida State Courts
  • The United States District Courts for the Northern Middle and Southern Districts of Alabama
  • The United States District Courts for the Northern and Southern Districts of Florida
Education
Cumberland School of Law, Juris Doctor (2012)
Samford University Brock School of Business, Masters of Business Administration (2012)
University of Florida, B.A. (2009)
CASES OF NOTE
  • Represented registered representative in several FINRA arbitrations and pre-suit claims involving allegations of unsuitable options and margin trading in over 200 investment accounts resulting in losses in excess of $4 million
  • Represented broker dealer in FINRA arbitration brought by multiple customers involving alleged selling away activities of registered representatives with total claim in excess of $3.8 million.
  • Represented registered representative in several FINRA arbitrations brought by multiple customers involving alleged selling away activities spanning six years and involving over $8 million of assets
  • Represented registered representative in regulatory actions brought by the Georgia Securities Commission, Alabama Securities Commission, Department of Labor, and the FINRA Disciplinary Enforcement Division
  • Routinely represents broker dealer and registered representatives in FINRA arbitrations involving the alleged unsuitability of investments in real estate investment trusts, equipment leasing funds, direct participation programs and other alternative securities
  • Represents civil engineer in design defect case involving a large-scale airport taxiway with total claim in excess of $11 million.
  • Represents mechanical engineer in design defect claim involving newly constructed large-scale HVAC systems in Pensacola, Florida.
  • Represents architect in design and construction defect case involving all exterior balconies and walkways of a multi-building Condominium in Destin, Florida.
  • Represented general contractor in breach of contract case involving landfill and asphalt improvement for the Solid Waste Authority of Palm Beach County, Florida.
  • Represented large-scale tank and equipment rental corporation against CERCLA claims brought by a group of potentially responsible parties for the removal and cleanup of waste at an abandoned waste treatment plant in Decatur, Alabama.
REPORTED CASES
  • 2016 WL 1273212 (FINRA Award) Successfully defended broker dealer against ineligible customer complaint alleging breach of fiduciary duty and unsuitability claims
  • 2015 WL 997963 (FINRA Award) Successfully defended registered representative and broker dealer against ineligible customer complaint alleging breach of fiduciary duty and unsuitability claims
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