Bill Holley will be co-presenting "Insolvency and Cyber-related Claims: A Brave New World" at the AIRA 34th Annual Bankruptcy & Restructuring Conference
Jun 13, 2018
william j. holley, II
Partner
Atlanta
“an experienced litigator with a varied knowledge of contentious business matters.”
Chambers USA 2019
Overview
Bill Holley’s clients know they can rely on him when disputes heat up. Throughout his 30+ year career, Bill has steered his clients to unparalleled success in major litigation. His creative, comprehensive approach to handling business disputes builds client confidence and engenders respect and credibility with judges and opponents.
Testament to his effectiveness and client focus, Bill's clients and cases now span a wide variety of industries and disciplines. Well known for representing financial institutions, real estate companies, and Fortune 500 companies in complex business litigation, Bill is increasingly called upon to participate in national and international matters raising "bet-the-company" exposure and cutting-edge legal theories across a broad business spectrum. His depth of trial experience in banking, finance, securities, real estate, product liability, class action defense, and appellate advocacy skills led to his 2015 induction as a fellow in the American College of Trial Lawyers and his selection as head of the Litigation practice in 2019.
Bill's clients and adversaries describe him as "tenacious," "smart," "indefatigable," "business savvy," "rock steady," and "universally respected." Since his early days as a USAF JAG Captain, he has tried cases and/or argued appeals in 19 states. He is the trial lawyer clients call when they want to avoid trial or win when they get there.
Experience
- Successfully defended two major banks against putative class action claims in excess of $500 million as part of the nationwide Checking Account Overdraft Litigation MDL and obtained complete dismissals after four years of litigation before federal district courts, the Eleventh Circuit, and the United States Supreme Court. Claims against both banks ultimately were dismissed.
- Represented national bank in successfully vacating $950 million default judgment and obtained award of attorneys' fees against plaintiffs and their counsel.
- Served as lead counsel for a world renowned landscape architect in a post-settlement JAMS arbitration between the client and his former business partners, a Chinese architect and a French urban planning professional, all of whom previously operated a very successful multi-disciplinary commercial design firm in Shanghai, China. During a multi-day hearing before a London-based arbitrator the parties presented testimony from witnesses in Europe, China and the Philippines. Following the conclusion of the arbitration, the arbitrator entered a substantial award in favor of the firm’s client, including broad injunctive relief and a seven figure monetary judgment. The award was confirmed over objection and the client prevailed in an appeal to the confirmation order.
- Served as lead counsel for a major regional bank in a AAA arbitration challenging the bank’s disposition of the assets of a deceased account holder. The claimant pursued claims for alleged fraud, breach of contract, conspiracy, and breach of fiduciary duty. After a litigated hearing during which fact and expert testimony was offered, the AAA arbitrator ruled in favor of the major regional bank on each claim.
- Defended national subprime lender in series of class actions and Attorney General enforcement action addressing novel loan issue requiring litigation and arguments in Federal District Court, Federal Circuit Court, Georgia Superior Court and Georgia Supreme Court. Matters resolved by comprehensive settlement.
- Favorably settled a hotly contested action involving complex securities derivative products for a national bank.
- Obtained a complete dismissal of a putative class action filed against a major national bank client related to alleged misrepresentations regarding Vendor's Single Interest ("VSI") insurance for automobile loans.
- Resolved series of pending West Virginia class actions through an omnibus settlement class and guided client through class settlement approval and terms compliance.
- Represented national bank in insurance coverage dispute arising out of significant tort claim filed in Florida.
- Represented medical provider in insurance coverage dispute arising out of data breach incident.
- Represented largest Canadian defaulted debt recovery company in cross-border dispute regarding investments in several hundred million dollars of consumer debt portfolios. Matter settled after client prevailed in litigated injunctive relief hearing.
- In multi-million dollar case of first impression challenging banking transactions arising out of large-scale cattle auction, client prevailed in Federal District Court and then again before Federal Circuit Court.
Thought Leadership
- Client Alert: No General Duty to Safeguard Information in Georgia (May 2019)
- Co-presenter: "Insolvency and Cyber-related Claims: A Brave New World," at the AIRA 34th Annual Bankruptcy & Restructuring Conference in Nashville, Tennessee (June 2018)
- Presented "Bulletproofing Your Expert," at the 2016 Annual Georgia Evidentiary Foundations and Objections CLE Seminar (Feb. 2016)
- Presented "Impeachment Techniques Under Georgia's Evidence Code," at the 2015 Annual Georgia Evidentiary Foundations Objections CLE Seminar (Feb. 2015)
- Presented "Springing the Well-Laid Trap: Impeachment Under Georgia's New Evidence Code," at the 2014 Annual Georgia Evidentiary Foundations and Objections CLE Seminar (Feb. 2014)
- Presented the topic "Trends and Issues in Lender Liability" at the "Boardroom Challenges" seminar in Atlanta, Georgia (June 2011)
Areas of focus
- Closely Held Businesses
- Financial Services
- Manufacturing
- Professional Services
- Real Estate
- Technology
- Alternative Dispute Resolution
- Appellate Litigation
- Business Torts & Unfair Competition
- Commercial Disputes
- Consumer Class & Mass Action Defense
- Corporate Governance & Ownership Disputes
- Corporate Investigations
- Employment Litigation & Counseling
- Fiduciary Litigation
- Financial Services Litigation
- Insurance Coverage Litigation
- Intellectual Property & Restrictive Covenants
- Privacy & Data Security
- Product Liability Defense
- Professional Liability
- Real Estate Litigation
- Related Service: Mediation & Arbitration Neutral Services
- Securities Litigation & Arbitration
Education
- Vanderbilt University (J.D., 1985) Editor-in-Chief, Vanderbilt Law Review, 1984-1985
- Duke University (A.B., magna cum laude, 1982)
Accolades
- Fellow, American College of Trial Lawyers
- Recognized by The Best Lawyers in America® as the Atlanta 2016 "Lawyer of the Year" in Litigation - Banking and Finance
- Listed in Chambers USA: America's Leading Lawyers for Business for Complex Commercial Litigation (listed in editions 2009-present)
- Recognized by The Best Lawyers in America® for Commercial Litigation and Litigation - Banking and Finance (2010-present)
- Recognized as one of Georgia's "Super Lawyers" by Law & Politics Media and Atlanta Magazine (2004-present)
- Recognized as one of Georgia's "Legal Elite" for Business Litigation by Georgia Trend magazine (2006)
- Recognized as a "Preeminent Lawyer" by Martindale-Hubbell and ALM (2012-Present)
- AV Martindale-Hubbell rating since 1992
Professional affiliations
- Practice Group Leader - Litigation Team
- National Board of Directors for the National Multiple Sclerosis Society (since 2014); Georgia Chapter (since 1994), Board Chair (2011-2015)
- Pro Bono Attorney, Atlanta Volunteer Lawyers Foundation since 1989
- American Bar Association
- Atlanta Lawyers Club
- Habitat for Humanity Project Coordinator (2005-2012)
- Vanderbilt University School of Law (Class Agent, since 1996)
Admitted to practice
- Georgia