William J. Holley, II
Partner | Atlanta Officewholley@phrd.com
T: (404) 420-5544
F: (678) 533-7760
F: (678) 533-7760
Practice Group
Services
- Banking, Insurance and Financial Services Litigation
- Commercial and Contract Disputes
- Real Estate Litigation
- Derivative Litigation
- Consumer Class Action Defense
- Business Torts and Unfair Competition
- Complex Civil Litigation and Class Actions
Education
- Duke University - (A.B., magna cum laude, 1982)
- Vanderbilt University - (J.D., 1985) Editor-in-Chief, Vanderbilt Law Review, 1984-1985
Admitted to Practice
- Georgia
About Bill
Bill is a trial lawyer with substantial jury and non-jury trial experience. He focuses his practice on complex business litigation, particularly in the areas of banking, finance, securities, real estate, significant tort, and class action defense. Bill has experienced great success representing clients in these matters as well as in other types of commercial litigation and appellate litigation in Federal and State Courts.
Bill serves as litigation counsel for several financial institutions including the two largest national banking associations and the two largest state chartered banks operating in Georgia. In addition, Bill routinely represents real estate companies, broker dealers, and Fortune 500 companies in complex business tort, contract, product liability, and mass/class action litigation. His cases address a wide variety of legal issues including breaches of contract and fiduciary duties, fraud, RICO, TILA, RESPA, ERISA, and violations of various state and federal statutes. In his twenty-five years of law practice, Bill has served as a federal prosecutor, defense counsel in both civil and criminal matters, and plaintiff's counsel. He has tried more than 50 jury trials in jurisdictions throughout the United States. He has represented clients in numerous federal and state appeals, many of which resulted in reported cases.
Bill served as a Captain in the United States Air Force Judge Advocate General Department where, among other achievements, he successfully defended to acquittal one of the only capital murder cases ever prosecuted by the United States Air Force.
Bill also serves on the Firm's Executive Committee.
Bill serves as litigation counsel for several financial institutions including the two largest national banking associations and the two largest state chartered banks operating in Georgia. In addition, Bill routinely represents real estate companies, broker dealers, and Fortune 500 companies in complex business tort, contract, product liability, and mass/class action litigation. His cases address a wide variety of legal issues including breaches of contract and fiduciary duties, fraud, RICO, TILA, RESPA, ERISA, and violations of various state and federal statutes. In his twenty-five years of law practice, Bill has served as a federal prosecutor, defense counsel in both civil and criminal matters, and plaintiff's counsel. He has tried more than 50 jury trials in jurisdictions throughout the United States. He has represented clients in numerous federal and state appeals, many of which resulted in reported cases.
Bill served as a Captain in the United States Air Force Judge Advocate General Department where, among other achievements, he successfully defended to acquittal one of the only capital murder cases ever prosecuted by the United States Air Force.
Bill also serves on the Firm's Executive Committee.
Professional and Civic Involvement
- Board of Directors for the National Multiple Sclerosis Society, Georgia Chapter, since 1994
- Pro Bono Attorney, Atlanta Volunteer Lawyers Foundation since 1989
- American Bar Association
- Atlanta Lawyers Club
- Habitat for Humanity Project Coordinator (2005-present)
Honors
- Selected as one of Georgia's "Super Lawyers" by Law & Politics Media and Atlanta Magazine (2004-present)
- Named one of Georgia's leading business litigation lawyers by Georgia Trend magazine ("Georgia's Legal Elite")
- Recognized in Chambers USA Leading American Business Lawyers for his complex commercial litigation reputation (2009-present)
- Recognized as a leading Commercial Litigation practitioner by "Best Lawyers in America" (2010, 2011)
Representative Engagements
- National litigation counsel for three banks in Overdraft Litigation MDL
- Defended national bank in series of RICO cases - in seven years of litigation all cases resolved in bank’s favor
- Represented national bank in successfully vacating $950 million default judgment and obtained award of attorneys fees against plaintiffs and their counsel
- Represented national subprime lenders in a series of mass fraud actions - all won on summary judgment in favor of lenders
- Represented national home improvement product retailer in defeating specific performance claim regarding $27.5 million real estate transaction
- Defeated series of wrongful death actions for alleged negligent security at various financial institutions
- Obtained dismissals of senior executives from $600 million post-bankruptcy litigation trust action
- Defended national and state chartered banks in putative class actions for various consumer finance, fraud, and RICO allegations - in all cases banks prevailed on motions to dismiss or motions for summary judgment
- Represented national commercial property developer in complex contract and real estate zoning dispute - resolved favorably in mediation
- Represented national bank in civil recovery in excess of $1.4 million following robbery
- REPORTED CASES: Dudley et al. v. Wachovia Bank, 290 Ga. App. 220 (2008); Kipperman v. Onex Corp., 2007 U.S. Dist. Lexis 71551 (N.D.Ga. Sept. 26, 2007); Kaufman v. Bank of America, N.A., 2007 U.S. Dist Lexis 28255 (S.D.Ga. Apr. 17, 2007); Ware and Ware Bottling Co. v. FleetBoston Fin. Corp., 180 Fed App. 59 (11th Cir. 2006); Olateru-Olagbegbi v. Branch Banking & Trust Co., 2006 U.S. Dist Lexis 53944 (N.D.Ga. Aug. 3, 2006); Ware and Ware Bottling Co. v. Fleet Boston Fin. Corp., 2005 U.S. Dist. Lexis 34333 (Dec. 9, 2005); Nesco, Inc. v. Cisco Express, Inc., et al, 2005 U.S. Dist Lexis 36189 (S.D.Ga. Oct. 7, 2005); Boykin v. Bank of Amer. Corp., 162 Fed. App. 837 (11th Cir. 2005); Ware v. Fleetboston Financial Corp., 2005 WL 3359706 (N.D.Ga. Dec. 9, 2005); Gerber & Gerber, P.C. v. Regions Bank, 266 Ga. App. (2004); Blanton v. Bank of America, 256 Ga. App. 103 (2002); Stewart v. Bank of America, 2003 F.R.D. 585 (M.D. Ga. 2001); Chang v. Bank of America, 251 Ga. App. 577 (2001); Dollar v. NationsBank, 244 Ga. App. 166 (2000); Glinton v. And R, Inc., et al., 173 F.3d 1352 (11th Cir. 1999); Railcar, Ltd. v. Southern Illinois Railcar Co., 42 F.Supp.2d 1369 (ND Ga. 1999); Dean v. NationsBank, 266 Ga. App. 370 (1997); Shahar v. Bowers, 120 F.3d 211 (11th Cir. 1997); Mullins v. MGD Graphics, 867 F.Supp. 1578 (N.D. Ga. 1994); Mitsubishi Intern. Corp. v. Cardinal Textile Sales, Inc. et al., 14 F.3d 1507 (11th Cir. 1994); Lloyd v. Prudential Securities, 211 Ga. App. 247 (1993).
Publications and Presentations
- Presented and Authored, "Subprime Lending Litigation: How to Protect Your Bank," a teleconference briefing to a national audience of American Bankers Association members, federal regulators and press (May 2009)
- Co-Author: "Subprime Lending Litigation Survey: Survey, Safeguards and Strategies," ABA Bank Compliance, pp 8-15 (May-June 2008)
- Quoted in international RISK magazine as authority, on banking, securities and real estate litigation (March 2008, May 2008)
- Presented and Authored, "Subprime Lending Litigation: Best Practices Pre and Post Litigation to Minimize Risk," a teleconference briefing to a national audience of American Bankers Association members, federal regulators and press (February 2008)
- Author: "Criminal Prosecution of Bank Personnel Under the Misapplication Statute: The Proper Mens Rea For Establishing Intent, 37 Vanderbilt Law Review 1397 (1994)