Nancy E. Hart is a litigation partner in the New York office of Gibson, Dunn & Crutcher.
Ms. Hart focuses largely on complex business litigation, with particular focus in law firm defense, corporate control contests, securities litigation, and shareholder actions alleging breaches of fiduciary duties. Ms. Hart had significant experience representing clients in a wide range of matters in state and federal courts, at both the trial and appellate levels, as well as in domestic and international arbitrations.
In March 2020, The Am Law Litigation Daily named Ms. Hart as “Litigator of the Week” for obtaining a successful jury verdict on behalf of a Fortune 250 company. Ms. Hart has also been recognized by The Best Lawyers in America© as “One to Watch” in Litigation – Securities and by Benchmark Litigation as a “Future Star.”
Ms. Hart graduated magna cum laude from Boston College Law School in 2003 and was elected to the Order of the Coif. She received her Bachelor of Arts degree in English from Vassar College in 1998. Ms. Hart is admitted to practice in the State of New York and before the United States District Courts for the Southern and Eastern Districts of New York.
Ms. Hart is also a member of the Professional Responsibility Committee of the Bar of the City of New York, a committee that examines legal ethics issues facing practitioners and makes recommendations as to potential changes in the standards that govern the conduct of lawyers. Ms. Hart further serves on the board of directors of Legal Information for Families, a non-profit focused on helping families navigate New York’s family court system.
- Represented leading international insurance organization in seeking and obtaining preliminary injunction in Delaware Chancery Court preventing former business partner from using trade secrets and confidential information. Key victory paved the way to successful resolution for client.
- Represented a law firm in an action filed in Washington, D.C. in which the plaintiff, a major accounting firm, had alleged negligence and fraud and sought hundreds of millions of dollars in damages relating to the accounting firm’s own marketing of certain tax products. Prevailed on summary judgment and before the District of Columbia Court of Appeal.
- Represented Vista Outdoors in high-stakes earn-out dispute initiated by Vista against the sellers of a business Vista acquired. Following expedited discovery, won summary in the Southern District of New York on affirmative claims and dismissal of defendants’ counterclaims. The Court’s memorandum and order is now the leading opinion addressing the duty of good faith and fair dealing under NY law.
- Represented the Port Authority of New York and New Jersey and won summary judgment dismissing Commerce Clause challenge to certain toll and fare increases approved by the Port Authority. Earlier in the same litigation, defeated plaintiffs’ application for a preliminary injunction, and won ruling upholding exercise of the deliberative process privilege.
- Represented a law firm in connection with potential high stakes litigation with a former associate and helped successfully bring the matter to resolution to the benefit of the client.
- Represented iBasis Inc. in connection with an all-cash, all-shares tender offer made by its majority shareholder Koninldijke KPN N.V. (“KPN”) for all of the outstanding shares of iBasis. Gibson Dunn litigated the case through trial, but before the Delaware Chancery Court issued a ruling, the case settled after KPN agreed to increase its tender offer price to $3.00 per share. The offer price represented a 130.8% premium for shareholders over the closing price of iBasis shares on the last trading day prior to the announcement of KPN’s tender offer, and nearly a 100% increase from KPN’s initial offer price of $1.55 per share.
- Represented Dow Jones in successful defense against a consumer class action in the Southern District of New York brought on behalf of a putative nationwide class of annual com subscribers regarding access to Barron’s Online; favorable decision affirmed on appeal by the Second Circuit.
- Represented a leading cosmetics and skincare company in international arbitration in dispute involving termination of British distributor and numerous contractual claims. Case resolved favorably for the client.
- Represented leading hotel and resort conglomerates in connection with multiple §1782 applications filed around the country seeking extensive and burdensome discovery for use in a foreign proceeding and successfully had all such applications either denied by court order or otherwise withdrawn.
- Represented the Hudson River Park Trust in matter that resulted in the dismissal of Chelsea Piers, L.P.’s $100 million lawsuit against the Trust, a public benefit corporation, which sought to shift the burden of commercial pier repairs to the State, or to include Chelsea Piers in the Trust’s plan to redevelop certain piers as a public park. The trial court held that Chelsea Piers’s suit was time-barred under the parties’ 1994 lease agreement; the Appellate Division, First Department unanimously affirmed the trial court’s 2012 order dismissing Chelsea Piers’ complaint and further held the claims dismissed on additional grounds.
- Contributing author, Obtaining Evidence for Use in International Tribunals Under Section 1782 (publication March 2020).
- Author, “Chancery Rejects Attempt to Stop Running of Interest in Appraisal Action,” Delaware Business Court Insider (March 19, 2014).
- Author, “Chancery Court Provides Guidance on ‘Don’t Ask, Don’t Waive’ Standstill Provisions,” Delaware Business Court Insider (January 16, 2013).
- Author, “The Instant Impact of Shady Grove Orthopedic Assoc. v. Allstate Ins. Co. on Litigators and the Interplay Between FRCP 23 and State-Law Limits on Class Actions,” ExecSense Webinars (May 15, 2010).