Nancy Durand is an attorney within the firm’s litigation department who focuses her practice on complex and general commercial litigation covering various areas of law, including contract, real estate, securities, bankruptcy, education, and employment law. She has represented, inter alia, banks, real estate developers, private equity firms, hedge funds, officers and directors, educational institutions, and not-for-profit organizations. She has also published or contributed to articles and treatises on litigation strategy, practice and procedure, including the Document Discovery chapter of Commercial Litigation in New York State Courts (Thomson West and the New York County Lawyers’ Association).
Ms. Durand’s selected representations include the following:
- Represented educational institution in breach of contract and negligence action, motion to dismiss granted.
- Represented Portfolio Company in expedited bankruptcy litigation arising from termination of billion-dollar purchase agreement, resolved by favorable settlement reached on the first day of trial.
- Represented interdealer brokerage firm in civil RICO and unfair competition action, resulting in $100 million settlement in favor of client reached during jury deliberations, and related FINRA arbitrations, resulting in a multimillion-dollar consolidated award.
- Represented activist hedge fund in expedited proxy contest litigation, resulting in the election of four nominees to the target board of directors.
- Represented former CFO in four-month securities class action jury trial asserting securities fraud, resulting in no-liability verdict.
- Represented offshore investment funds and independent directors in SEC enforcement action, resulting in favorable settlement.
- Represented non-profit organization in breach of lease actions, resulting in favorable consolidated settlements.
Ms. Durand also provides general counsel services to Riverbay Corporation, commonly known as Co-op City, the largest affordable housing complex in the United States. She has extensive experience drafting and negotiating complex commercial contracts, and counseling clients in the areas of corporate governance, e-Discovery and privacy law.
In her pro bono practice, Ms. Durand was a senior member of a team of lawyers that was co-counsel with lawyers from the New York Civil Liberties Union in a class action on behalf of indigent criminal defendants seeking systemic reform of the public defense system in New York State, leading to an historic settlement designed to cure widespread, ongoing violations of the right to counsel, as guaranteed by the federal and state constitutions. In addition, Ms. Durand is a mentor and coach of mock trial and moot court to youth from underserved communities in New York, and has developed and implemented college and career readiness programs for high school students. She is a New York State Bar Association Empire State Counsel honoree, in recognition of her pro bono service.
Ms. Durand received her bachelor’s degree from Howard University, magna cum laude, Phi Beta Kappa, and her law degree from St. John’s University School of Law. At St. John’s, she was a director of the Moot Court Honor Society, and competed successfully as a member of the National Trial Team. Ms. Durand is admitted to practice before the courts of the State of New York, the United States District Court for the Eastern and Southern Districts of New York, and the United States Court of Appeals for the Second Circuit. She is a member of the American Bar Association, the New York Bar Association, and the International Association of Privacy Professionals.
Professional Associations and Activities
- Member, American Bar Association
- Member, New York Bar Association
- Member, International Association of Privacy Professionals
- J.D., St. John’s University School of Law
- B.A., Howard University