Nancy E. Harris

Of Counsel
Commercial Litigation

Of Counsel Nancy Harris is a trial lawyer with expertise in insurance litigation, governmental investigations and claims and class action defense. Ms. Harris has more than 15 years experience managing and resolving complex litigation and has been a member of trial teams in federal, state courts and in arbitration and has first chaired three jury trials. Ms. Harris has defended and prosecuted cases involving insurance coverage, unfair competition, data breach and privacy actions, securities fraud, misappropriation of trade secrets, commercial real estate disputes, breach of contract, and state and federal criminal charges. She provides policyholder advice and counsel on maximizing coverage for data breach events.

Ms. Harris brings her extensive breadth of knowledge and strategic approach to bear on every case. She is careful and pragmatic and acutely attuned to efficiently and effectively managing litigation towards sensible economic outcomes.

The following is a sample of some of Ms. Harris’ engagements.

Governmental Investigations and Claims

  • Lead counsel for higher education technology company in connection with False Claims Act investigation by Department of Education and Department of Justice.
  • Defense of West Publishing Corporation against UCL claims relating to alleged negative option subscriptions asserted by the Contra Costa County District Attorney.
  • Representation of the former President of Countrywide Financial Corporation in connection with investigations by and litigation with the California Attorney General and the SEC. 
  • Represented the former General Counsel of two publicly traded companies in SEC enforcements action alleging backdating of stock options.
  • Member of trial team that defended the former CFO of McKesson Corporation in connection with criminal securities fraud charges by the U.S. Department of Justice, arising out of US$9 billion market cap loss following earnings restatement. Obtained full acquittal after a six-week trial.

Class Action and Commercial Litigation

  • Lead counsel representing Vendini, Inc., in defense of a nationwide class action asserting privacy claims arising from a 2013 data breach. 
  • Obtained a dismissal with prejudice of class action claims relating to Google’s mobile subscription service AdWords 
  • Third-chair of trial team representing a Japanese corporation in seven-day bench trial before the International Trade Commission in Section 337 Investigation involving issues of patent infringement and validity. 
  • Member of team that successfully prosecuted a three-week arbitration for a public company involving claims of breach of contract and an accounting from a former joint venture partner. The arbitrator dissolved the joint venture and awarded client all requested damages and attorneys’ fees. 
  • Member of the trial team in an employment age discrimination and breach of contract case tried before federal court jury in Northern District of California.

Insurance Coverage Disputes 

  • Represent on-line event ticket service company in dispute with General Liability insurance carrier regarding coverage for claims arising from data breach event.
  • Counsel for numerous companies seeking to maximize insurance coverage for data breach and/or privacy events.
  • Second chaired arbitration on behalf of hospital system in dispute with an excess reinsurer regarding coverage of medical malpractice claims. Verdict in excess of US$16 million.

Ms. Harris is an active participant in Orrick’s pro bono and associate training programs. She also devotes substantial time to community service. She has served on the Board of Directors of the Lawyers’ Committee for Civil Rights of the Bay Area since 2006.

Nancy Harris
  • Presenter, False Claims Act, Seton Hall Law Life Sciences West Coast Compliances Certification Program, September 9, 2014
  • Moderator, Recent Developments in Insurance Coverage for Data Breaches, Bar Association of San Francisco, May 6, 2014
  • Insurance Coverage Issues in Class Action Litigation, 2013 Class Action Litigation & Management Conference, Bridgeport Continuing Education, August 23, 2013
Admitted In
  • California

  • J.D., magna cum laude, University of Texas School of Law
  • M.P.A., Public Affairs, University of Texas
  • B.A., magna cum laude, Phi Beta Kappa, Public Affairs, University of California, San Diego
  • 2010 Jack W. Londen Award for Civil Rights Impact Litigation, Lawyers' Committee for Civil Rights of the Bay Area
  • On behalf of Orrick, 2006 Founders' Award, Law Foundation of Silicon Valley
  • 2003 Keta Taylor Colby Pro Bono Award, Lawyers Committee for Civil Rights of the San Francisco Bay Area
  • Member of Chancellors, University of Texas School of Law

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