Donna L. Wilson

Partner

p. 310.424.3902
f. 310.424.3960
dwilson@buckleysandler.com

Biography

Donna Wilson leads BuckleySandler’s West Coast litigation practice. Recognized in 2013 as one of the top women litigators in California, she has extensive experience in bringing and defending high-dollar, big stakes cases, particularly on behalf of clients in highly regulated industries and activities. She consults with and advises clients on an ongoing basis regarding legal strategies and their practical business impact. Her practice focuses on three primary areas:

Consumer class and individual actions and counseling, with a focus on mortgage/financial services and data security/privacy
Government enforcement actions
Other complex business litigation and related counseling

Counseling and Defense of Consumer Class and Individual Issues

Ms. Wilson has defended scores of class and individual actions alleging violations of consumer protection laws, including RESPA/YSP, ECOA/FHA, FCRA, FDCPA, HOEPA, TILA, as well as alleged consumer privacy violations. Current matters include:

Representation of mortgage originator in putative federal class action in issue of first impression under FCRA and California state law
Representation of national bank in threatened putative class action alleging violations of consumer privacy under the TCPA
Representation of national retailer with respect to California putative class action alleging violations of consumer privacy under California state law

In addition to defending clients in disputes, Ms. Wilson regularly counsels clients regarding ways to enhance existing data security and privacy compliance programs and how to manage data security incidents. Ms. Wilson also has conducted reviews with respect to fair lending, UDAP, and other regulatory compliance issues.

Government Civil Enforcement Actions

Ms. Wilson’s focus on representing highly regulated industries has resulted in her extensive involvement in government enforcement matters on behalf of her clients. She is currently defending individuals in two different cases brought by the FDIC. In addition, Ms. Wilson recently successfully defended an international manufacturer and its subsidiary against a California state regulatory agency. The multi-week trial involved claims brought by her clients alleging various violations of administrative law and the California state constitution and counter-claims by the regulator for over $200 million in statutory penalties. The litigation settled mid-trial during the presentation of her clients’ case. The result was a highly favorable settlement providing the client with the equitable relief it sought from the regulator and with the regulator obtaining less than 1% of the statutory penalties it sought. In 2012, Ms. Wilson's data security and privacy practice was recognized by Legal 500.

Other Complex Business Litigation and Counseling

Ms. Wilson has defended her clients in litigation across a wide range of substantive practice areas, including antitrust, bankruptcy, securities, environmental, insurance coverage, business contracts, and torts. She recently served as lead co-counsel representing a national telecommunications provider in a complex, multi-party California state court action brought by homeowners, insurance companies, and the California state government asserting tort, nuisance, and other claims arising from the Malibu Canyon Fire. Ms. Wilson also advised the client with respect to related government enforcement proceedings. She currently serves as co-lead counsel in a case brought by the Navajo Nation against the US government for approximately eight-figure damages, arising from the government’s alleged mishandling of the Nation’s trust funds and natural resources. Ms. Wilson regularly advises clients on insurance coverage issues, particularly in the areas of Directors and Officers, Errors and Omissions, and Privacy and Data Security insurance.

Significant Representations

Abdelfattah v. Carrington Mortgage Services, LLC
Pending putative class action litigation brought under the Fair Credit Reporting Act and the California state analogue. On issue of first impression, successfully obtained ruling that reporting ... MORE
David Shabaz v. Polo Ralph Lauren Corporation
Putative class action alleging violations of consumer privacy under state statutory and common law, which resulted in favorable rulings on issues of first impression, culminating in federal court appr... MORE
In re Malibu Canyon Fire Litigation
Consolidated litigation by homeowners and property insurers against Sprint Wireless and others alleging negligence and other claims arising from the Malibu Canyon fires of 2007, resulting in highly fa... MORE
Korn v. Polo Ralph Lauren Corporation
Putative class action alleging violations of consumer privacy under state statutory and common law, culminating in a successful settlement.
Kuehl v. EMC Mortgage Corp, et al.
Achieved dismissal on demurrer of complaint alleging, among other things, common law and statutory fraud, breach of fiduciary duty and elder abuse in the secondary purchase and sale of plaintiff&rsquo... MORE
Leslie Johnson v. New York & Company Inc.
Putative class action alleging violations of consumer privacy under state statutory and common law, which resulted in one of the most favorable settlements of its kind in California.
Leslie Marks v. Trevnor Askew, et al.
Ongoing litigation seeking injunctive relief, declaratory relief and damages in connection with the foreclosure of plaintiff's property.
Maureena Garcia v. New York & Company Inc.
Litigation of putative class action alleging violations of consumer privacy under state statutory and common law.
Navajo Nation v. United States
We represent the Navajo Nation, the largest Indian tribe in the United States, in Navajo Nation v. United States, Case No. 06-945L, in the United States Court of Federal Claims. The suit invo... MORE
People of the State of California v. Yamaha USA et al.
Enforcement action alleging that defendants failed to obtain certification of 2007 Model Year vehicles, in violation of certain state environmental statutes.
Peters Real Estate Holdings, et al. v. Falcon Financial LLC, et al.
Litigation seeking declaratory relief and damages in connection with the foreclosure of plaintiff's car dealership.
Pinero v. Jackson Hewitt Tax Services, Inc.
As lead trial counsel, argued and won 13 substantive motions in a row in a putative class action arising from an alleged consumer privacy breach. Successfully dismissed 7 of the 9 counts of the ... MORE
Reade v. Paul Financial, et al.
Negotiated pretrial settlement of action alleging statutory fraud in the origination and securitization of plaintiff’s loan.
Rizzo, et al. v. Citizens Financial Group, et al.
Pending putative class action litigation alleging violations of state unfair and deceptive practices act and other claims arising from overdraft fees charged after alleged closure of accounts by custo... MORE
Yamaha USA v. California Air Resources Board
Litigation raising multiple issues of first impression and seeking declaratory and other relief arising from state environmental agency’s alleged violation of federal and state constitutional pr... MORE

Awards & Recognition

Daily Journal, Top 75 Women Litigators in California 2013
Legal 500, 2012 leading attorney in privacy and data security
Skadden Legal Aid Society Program
Named "Knight of the Enterprise" by Lyondell Basell Chemical Company, an honor given to trial counsel who achieve outstanding results on behalf of the company

Clerkships

United States District Court for the District of New Jersey, the Honorable Stanley S. Brotman
United States Court of Appeals for the Ninth Circuit, the Honorable David R. Thompson

Office

Los Angeles, CA
100 Wilshire Boulevard, Suite 1000
Santa Monica, CA 90401

Orange County, CA
3121 Michelson Drive, Suite 210
Irvine, CA 92612

Practice Areas

Education

B.A., George Washington University
J.D., University of Virginia (Order of the Coif; Member, Managing Board, Virginia Law Review)

Admissions

California
District of Columbia
Supreme Court of California
U.S. District Court, Southern District of California
U.S. District Court, Eastern District of California
U.S. District Court, Central District of California
U.S. District Court, Northern District of California
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit