Nancy Durand

Nancy Durand manages the firm’s nonprofit and tax-exempt organizations practice group. She represents a broad range of tax-exempt organizations, including those organized under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code, nonprofit housing entities organized under or subject to the New York Not-for-Profit Corporation Law, charter schools, and religious organizations.

Nancy joined the firm in 2016 after practicing law in the litigation group of a multinational law firm based in New York City, where she served as lead attorney handling complex commercial litigation and arbitration matters, internal investigations and regulator inquiries. Nancy now brings her litigation and investigation skills to bear in furtherance of the legal needs of the firm’s nonprofit clients.

Nancy’s solution-driven practice focuses on helping nonprofit entities efficiently resolve legal disputes and minimize risk. She represents clients in state and federal court, arbitration proceedings and mediations in connection with a broad range of business disputes and serves as general counsel and legal advisor to nonprofit corporations and other tax-exempt entities throughout New York State.

Nancy also represents nonprofit entities in connection with government investigations and inquiries. She has extensive experience conducting internal investigations on behalf of clients, including those involving allegations of harassment, discrimination, misappropriation, theft, embezzlement, and other alleged misconduct. She also provides crisis management advice and support to organizations faced with an event or situation that could threaten effective operations or result in embarrassment or reputational harm to the organization.

In addition, Nancy routinely advises nonprofit entities on a full range of corporate governance matters, including directors’ duties and responsibilities, restructuring strategies, affiliations, related party transactions, policies and procedures, and best practices.

Nancy’s pro bono practice focuses on education and equal access to justice. She has worked with organizations to develop and implement youth-focused legal, civics, and college-readiness programs. And she has worked with civil rights organizations in support of indigent defendants’ right to counsel and voters’ rights. Nancy has received numerous awards for outstanding pro bono service and is a New York State Bar Association Empire State Counsel honoree, in recognition of her pro bono service.

Nancy proudly serves on the board of directors of the Center for Safety & Change (chair of the Human Resources committee), which provides life-changing programs and services to victims and survivors of all crimes, and volunteers with Pro Bono Partnership, which provides business and transactional legal services to nonprofit organizations.

Nancy graduated magna cum laude, Phi Beta Kappa, from Howard University, and received her law degree from St. John’s University School of Law, where she was an executive member of the Moot Court Honor Society and competed successfully as a member of the National Trial Team, including as Regional Champion of the Thurgood Marshall Mock Trial Competition.

• General Counsel to several nonprofit organizations throughout the New York metropolitan area.
• General Counsel to the largest residential development in the United States, consisting of over 15,000 residential units, over 130 commercial stores and 50 commercial offices, and a 40mw power plant.
• Appellate Counsel and Special Litigation Counsel to several municipalities and governmental bodies throughout the Hudson Valley and Long Island.
• Representing an Industrial Development Agency in a federal action asserting constitutional retaliation claims, obtained dismissal of the action following motion practice.
• Representing mayor of a municipality, won summary judgment upholding appointment of public officers despite residency challenge.
• Representing an Industrial Development Agency in a proceeding alleging violations of the Freedom of Information Law, obtained successful dismissal of the petition.
• Representing a Harlem-based not-for-profit corporation in multiple breach of lease actions, obtained a favorable consolidated settlement that saved the organization over $300,000.
• Representing a Bronx-based private educational institution in litigation asserting breach of contract and negligence, won a motion to dismiss the action.
• Representing a private equity firm and joint venture partner in expedited bankruptcy litigation over their termination of a billion-dollar hotel purchase agreement, resulting in a favorable settlement of the matter that included a reduction in the purchase price by approximately $100 million.
• Representing a UK-based public corporation in a corporate raiding and unfair competition action and related arbitration, resulting in a multimillion-dollar consolidated arbitration award and a $100 million settlement achieved during jury deliberations.
• Representing a former CFO of a public company in a four-month securities fraud class action jury trial, resulting in a no-liability verdict.
• Representing a private investment vehicle and its independent directors in an SEC civil enforcement action, resulting in a favorable settlement.
• Representative Pro bono Matters
• Representing class of indigent defendants, together with the New York Civil Liberties Union, in action against the State of New York and five upstate counties, resulting in a historic settlement requiring the state to adopt major reforms to the indigent defense system.
• Representing amicus curiae in connection with appellate brief in support of post-conviction DNA testing of an inmate who served 20 years into a life sentence in Louisiana but claimed DNA testing would exonerate him, request granted.
• Representing the Lawyers’ Committee for Civil Rights Under the Law in connection with extensive research and analysis of New York State’s voter purge practices.
• Recent Decisions
• Estate of Del Terzo v. 33 Fifth Ave. Owners Corp., 28 N.Y.3d 1114 (2016)
• Lockwood v. City of Yonkers, No. 2018-08506, 2020 WL 88947 (2d Dep’t Jan. 8, 2020)
• Abramson v. Hasson, 177 A.D.3d 869 (2d Dep’t 2019)
• City of Long Beach v. Sun NLF Ltd. P'ship, 172 A.D.3d 1061 (2d Dep’t 2019)
• Porcari v. Griffith, 169 A.D.3d 729 (2d Dep’t 2019)
• LTTR Home Care, LLC v. City of Mount Vernon Indus. Dev. Agency, No. 17-CV-9885 (KMK), 2019 WL 4274375, at *1 (S.D.N.Y. Sept. 10, 2019)

Publications

• “Looking Toward 2022: A Legal Year-end Review for Companies and Nonprofits,” Westchester County Business Journal (December 21, 2021).
• “The New York SHIELD Act – The Top 5 Things You Need to Know,” SBJ Nonprofit Update, March 2020
• “The Johnson Amendment Finds Refuge under New York Law,” SBJ Nonprofit Update, October 2019
• “Document Discovery,” Commercial Litigation in New York State Courts (Thomson West and the New York County Lawyers’ Association), 2015 (contributor).
• “Legal and Regulatory Matters,” The International Comparative Guide to: Private Equity 2015 (Global Legal Group), July 2015 (contributor).
• “Which State Wants to Pierce Your Veil? Private Equity and the Perils of Alter Ego Liability, Part III,” BNA Securities Regulation & Law Report, Dec. 14, 2014 (co-author).
• “I Am Not My Sister’s Keeper: Private Equity and the Perils of Alter Ego Liability, Part II,” BNA Securities Regulation & Law Report, Oct. 14, 2013 (co-author).
• “My Portfolio Company Did What?! Private Equity and the Perils of Alter Ego Liability,” BNA Securities Regulation & Law Report, Alternative Investment Law Report and Mergers & Acquisitions Law Report, Aug. 15, 2011 (co-author).
• “Document Discovery,” Commercial Litigation in New York State Courts (Thomson West and the New York County Lawyers’ Association), 2009 update (contributor).

Speaking Engagements

• “Cancelling an Event Due to the Coronavirus? Know Your Contract Rights,” New York Council of Nonprofits, April 2020
• “Effective Strategies in Litigating Fiduciary Duty Claims: What You Need to Know,” The Knowledge Group, October 2019

• New York State Bar Association Honoree for Pro Bono Service

• American Bar Association
• International Association of Privacy Professionals
• New York City Bar Association
• New York State Bar Association
• Not-for-Profit Law Committee
• Metropolitan Black Bar Association
• New York Council of Nonprofits
• Rockland County Women’s Bar Association
• Westchester County Bar Association