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| Phone: (202) 342-8475 |
Fax: (202) 342-8451 |
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Donna Wilson is a partner in the firm’s Washington, D.C. office. Her dynamic practice capitalizes on her extensive experience in litigation and counseling in the areas of Consumer Financial Services and Insurance Recovery. In representing clients, Donna successfully integrates her strengths as a litigator representing both plaintiffs and defendants in complex multi-party actions, knowledge of consumer financial services, and wide experience in mediation and arbitration. These indispensable capabilities add value to clients aiming to avoid disputes before they arise through compliance and counseling, and to resolve unavoidable disputes creatively through mediation and litigation. Notably, Donna eschews taking the typical linear approach to litigation, striving instead to take command of the pace and sequence of litigation, which she views as key to achieving successful results for her clients.
As co-chair of the Consumer Financial Services group, Donna leverages her dual experience in compliance counseling and litigation to advise on and resolve conflicts involving privacy and information security, fair credit (including federal claims under the FCRA, TILA, FHA, and ECOA), and state unfair and deceptive trade practices claims. Her clients in the financial services sector have included banks, mortgage companies, national retailers, telecommunications, and media companies, among others.
As a founding partner of the Firm’s nationally-renowned Insurance Recovery practice, Donna assists corporate and individual policyholders in obtaining the insurance coverage to which they are entitled. Donna has successfully assisted clients in a range of coverage disputes, ranging from claims from individual directors/officers for defense costs, to claims for damage to property arising from natural and/or manmade disasters, to defense and liability costs for mass torts such as lead pigment and asbestos. |
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Representative Experience:
Consumer Financial Services, Consumer and Securities Class Actions, and Complex Civil Litigation
- Represent national retailer in class actions under state statute for alleged breach of consumers’ privacy.
- Successfully represented various financial services companies in government investigations into their lending practices.
- Successfully represented various consumer financial services companies in government enforcement and class action litigation, including, for example, a credit card issuer in litigation brought by the Department of Justice alleging violations of the Equal Credit Opportunity Act (“ECOA”), and a financial services company in a class action alleging violations of RICO arising from its provision of credit card services, leading to highly favorable settlements for clients.
- Counseled various consumer financial services companies with respect to compliance issues, including with respect to ECOA, Fair Credit Reporting Act, Truth in Lending Act, Real Estate Settlement Practice Act, Fair Housing Act, and state consumer protection statutes and regulations.
- Served as co-lead counsel in a nationwide series of state-based class actions against title insurers arising from alleged premium overcharges.
- Successfully defended a global energy company against a securities class action.
- Successfully defended outside directors of a petroleum company in a shareholder derivative suit.
- Represented a mass media company and its management against a wrongful termination suit brought by a former high-level executive resulting in a favorable settlement.
- Defended a trade association and its board members against a suit alleging, among other claims, copyright and trademark infringement resulting in a favorable settlement.
- Represented a data aggregation company in a suit alleging, among other claims, copyright infringement resulting in a favorable settlement.
- Represented a telecommunications company in a “rocket docket” proceeding before the Federal Communications Commission resulting in a favorable settlement.
- Successfully represented high-level official in the executive branch of the federal government and his counsel against a derivative suit brought by a policyholder against his insurance company, prevailing at both the trial and appellate court levels.
Insurance Recovery
- On behalf of a debtor in a Section 524(g) bankruptcy we won a reversal by the United States Court of Appeals for the Third Circuit of an award issued by an arbitration panel in a billion dollar insurance coverage dispute.
- Successfully represented a group of mass tort defendants in an arbitration leading to a mid-seven figures award.
- Represented a Section 524(g) asbestos trust in a complex, multi-party state court litigation against the debtor's insurers for over $100 million in coverage.
- Represented the legal representative for future asbestos bodily-injury claimants in a Section 524(g) bankruptcy court proceeding and in related adversary proceedings, successfully obtaining over $200 million in total settlements from various insurers.
- Successfully represented a major national auto parts manufacturer, in the only asbestos bankruptcy proceeding to address and resolve asbestos-related claims and insurance issues without resort to a Section 524(g) trust.
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Professional Activities:
Co-Chair, Bankruptcy & Insolvency Subcommittee, Insurance Coverage Litigation Committee of the American Bar Association Section of Litigation
Co-Founder and Co-Chair, Insurance Law Forum, Women's Bar Association of the District of Columbia |
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Client Advisories:
"Recent Decisions Find in Favor of Insurance Coverage for "Blast Faxing"," February 09, 2010.
"Walls Closing in on Your Business? Look to Insurance to Minimize Losses Related to Drywall Imported from China," May 04, 2009.
"Recalls Driving Your Company Nuts? Insurance May Help Those Affected by Food Contamination Claims," April 06, 2009.
"EPA Review of Nano-Silver Products Raises Significant Regulatory Issues Concerning Antimicrobial Claims and EPA, FDA, and CPSC Jurisdiction Concerning Nanotechnology Regulation," December 15, 2008.
"Another Flurry of Class Actions Being Filed Against Retailers Accepting Credit Cards in California," November 19, 2008.
"The AIG Crisis and Bailout: What It Means For Policyholders," September 22, 2008.
"New Rules Add to a Growing Wave of Proposals to Regulate the Credit Card Industry," May 01, 2008.
"Seventh Circuit Issues Landmark Decision Under Fair Credit Reporting Act "Prescreening" Provisions," April 24, 2008.
"FACTA Red Flag, Address Discrepancy and Information Sharing Rules Compliance," April 01, 2008.
"LaSalle Bank v. Shearon — New York Supreme Court Rules in Favor of Borrower Under Anti-Predatory Lending," February 27, 2008.
"Zurich American Insurance Company v. Fieldstone Mortgage Co., Court Holds Insurer Must Provide Coverage for Privacy-Related FCRA Claims," January 17, 2008.
"California Appeals Court Ruling Eliminates Insurance Coverage for Settlements," September 21, 2007.
"Financial Services Client Advisory: Obscuring Credit Card Numbers on Receipts," August 14, 2007.
"Consumer Loan Workouts," April 18, 2007.
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Prior Positions:
Ms. Wilson formerly was a litigation partner at Gilbert Heintz & Randolph LLP, and a senior litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP. She also served a six-month rotation as a full-time Skadden "Loaned Associate" with the D.C. Legal Aid Society, which involved regularly appearing before the D.C. Superior Court and D.C. Court of Appeals.
Prior to entering private practice, Ms. Wilson served as a law clerk to Judge David R. Thompson of the United States Court of Appeals for the Ninth Circuit, and to Judge Stanley S. Brotman of the United States District Court for the District of New Jersey.
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Bar Admissions:
District of Columbia
California
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Education:
University of Virginia, J.D., Order of the Coif
Member, Managing and Editorial Boards, Virginia Law Review
George Washington University, B.A.
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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