Nancy R. Thomas

Partner | Los Angeles

nthomas@mofo.com | (213) 892-5561

nthomas@mofo.com
(213) 892-5561

Nancy is a consumer class action and regulatory enforcement lawyer who represents her clients in high-stakes litigation in state and federal courts, as well as in arbitration and administrative proceedings. Nancy works with her clients to define success and develops a practical, effective roadmap to get there. She has extensive experience representing clients in a broad range of complex matters, including:

Financial Services. Nancy has represented banks, non-bank lenders, credit card issuers, mortgage lenders and servicers, and other financial services companies in litigation in state and federal courts across the country, and in investigations and enforcement actions brought by the CFPB, the DOJ, the FDIC, and the California Department of Business Oversight. She regularly counsels clients on how to avoid litigation or enforcement, including remediation scoping and execution, UDAAP analysis, fair lending risk mitigation, and FCRA compliance.

Privacy and Data Security. Nancy regularly represents clients in data breach litigation and investigations, as well as in other privacy matters. As a member of the California Bankers Association Legal Affairs Committee, she has worked extensively on CCPA legislation and counseling.

Wage-and-Hour Matters. Clients turn to Nancy to handle their wage and hour class actions, collective actions under the FLSA, and representative actions under PAGA.

Nancy has repeatedly won early dismissal or significant narrowing of class action suits, including on federal preemption grounds and through motions to strike class claims. As part of her practice, she has gained expertise in CAFA removal, arbitration, and complex electronic discovery issues.

Nancy has been recognized by Legal 500 US as a top financial services litigator and by Benchmark Litigation and Benchmark Litigation California as a leading California litigator. She earned a place on the Benchmark Litigation and Euromoney Media Group Top 250 Women in Litigation lists. She is editor-in-chief and contributing author of the firm’s award-winning Financial Services Report.

Nancy is a past president of the Los Angeles Chapter of the Association of Business Trial Lawyers. She is on the board of directors and the executive committee of the Constitutional Rights Foundation, a non-profit, bipartisan organization dedicated to teaching students how to participate in the democratic process.

Nancy received her law degree cum laude from the University of Chicago Law School, where she was an associate editor of the Law Review and Order of the Coif.

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Experience

  • Worked with the company to analyze risks associated with data exfiltrated by cyber criminals, including ediscovery review of documents and identification of impacted individuals. Representing the company in multiple class actions coordinated in a single proceeding stemming from the breach.

  • Led the company’s analysis of risks associated with data exfiltrated in a ransomware attack.

  • Representing two online lenders in judicial proceedings and arbitrations claiming interest rates charged on loans are unconscionable.

  • Represented company in class action challenging late fees assessed by private schools through Blackbaud’s payment platform. Court granted motion to dismiss with prejudice on novel issues of law.

  • Represented mortgage loan originators, mortgage servicer, and small dollar consumer and business lenders in responding to requests for information and enforcement actions brought by the California banking regulator.

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