Nancy Thomas is a member and former co-chair of the firm’s Financial Services Litigation Practice Group. Her practice focuses on complex civil litigation, particularly the defense of consumer class actions and financial services litigation. She has defended claims brought under federal banking laws and regulations, as well as state unfair and deceptive acts and practices statutes, particularly the California Unfair Competition Law.
Ms. Thomas has repeatedly won early dismissal or significant narrowing of class action suits challenging credit card and mortgage practices, including on federal preemption grounds and through motions to strike class claims. As part of her practice, Ms. Thomas has gained expertise in CAFA removal, arbitration, and complex electronic discovery issues.
She also regularly counsels clients on compliance and regulatory matters, including remediation scoping and execution, UDAAP analysis, and vendor management.
Ms. Thomas is recognized by Legal 500 US as a top financial services litigator, and by Benchmark Litigation as a leading California litigator. She also earned a place on the Benchmark Litigation and Euromoney Media Group lists of the Top 250 Women in Litigation. Ms. Thomas is an editor and contributing author of the firm’s award-winning quarterly financial services newsletter.
Ms. Thomas is a member of the board of directors for the Los Angeles Chapter of the Association of Business Trial Lawyers. She also is a member of the board of directors for Hathaway-Sycamores Children and Family Services, Inc., an organization that provides services to thousands of at-risk children and families each year.
During law school, Ms. Thomas was an associate editor of the University of Chicago Law Review and was elected to the Order of the Coif.
Bank Regulatory Matter
Represented bank in enforcement action by the FDIC relating to unfair and deceptive acts and practices and other regulatory violations in connection with bank’s role as issuer of prepaid cards. Representation included scoping and formulation of restitution remedy and working with the bank to develop enhanced compliance procedures.
Coordinating Counsel on Bankruptcy Issues
Served as national coordinating counsel for major mortgage servicer in over 200 bankruptcy matters pursued by the United States Trustee challenging numerous bankruptcy practices and procedures.
Credit Card Disclosure Class Action
Defended U.S. Bank in credit card repricing case by narrowing issues in successful motion to dismiss and then moving to compel arbitration of the remaining claims.
Credit Card Disclosure Class Actions
Represented Chase Bank USA, N.A. in a series of cases challenging credit card repricing practices.
Puleo v. Chase Bank USA, N.A.
Won motion to compel arbitration on an individual basis and dismissal, then Third Circuit affirmance en banc of that ruling in class action challenging credit card interest rate practices. 605 F.3d 172 (3d Cir. 2010).
Shaner v. Chase Bank USA, N.A.
Won dismissal, then First Circuit affirmance of that dismissal, of Massachusetts class action alleging bank's practice of increasing credit card interest rate upon consumer's default violated TILA and state law. 570 F. Supp.2d 195 (E.D. Mass. 2008), aff'd, 587 F.2d 488 (1st Cir.2009).
Hauk v. Chase Bank USA, N.A.
Won summary judgment, then Ninth Circuit affirmance of that judgment, dismissing Truth in Lending Act claim in nationwide class action challenging interest rate practices for credit card balance transfers. 552 F.2d 1114 (9th Cir. 2009).
Evans v. Chase Bank USA, N.A.
Won dismissal, then Ninth Circuit affirmance of that dismissal, of nationwide class action alleging that bank’s default credit card interest rate practices violated TILA, as well as California and Delaware law. 2006 U.S. Dist. LEXIS 5259 (N.D. Cal. 2006); 2008 U.S. App. LEXIS 4581 (9th Cir. 2008).
Option ARM Litigation
Represented two financial institutions in cases brought as part of a wave of litigation challenging payment option adjustable rate mortgages. Obtained early dismissals of most or all of the claims on preemption and other grounds, leading to favorable settlements on an individual basis.
Accounting Malpractice Cases
Obtained complete defense verdicts in one bench trial and one jury trial in cases brought by audit clients against major accounting firms.