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 by the Daily Journal, 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. She also has conducted reviews with respect to fair lending, UDAP, and other regulatory compliance issues. Ms. Wilson has been recognized by the Legal 500 as a leading data security and privacy practitioner. 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.
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.
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
Publications
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California's Homeowner Bill of Rights
Mortgage Banking Magazine, January 15, 2013
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'You Can't Handle the Truth!' Fact, Fiction and the Servicemembers Civil Relief Act
Westlaw Journal Bank & Lender Liability, October 22, 2012
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Just the FACT(A)s: The Latest in FCRA Jurisprudence
Journal of Taxation and Regulation of Financial Institutions, April 23, 2012
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The Precarious Relationship Between Class Actions and Small Claims Courts
InsideCounsel, February 16, 2012
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Courts Take a Broad View of Protected Personal Identification Information
InsideCounsel, January 19, 2012
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Litigation: Recent Developments in Privacy Class Actions
InsideCounsel, December 22, 2011
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The Liability Potential of Layaway Revealed
RetailingToday.com, November 18, 2011
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Case Study: Anderson v. Hannaford Brothers
Law360, November 7, 2011
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Donna Wilson on Standing to Challenge Fee Award to Class Counsel
Thomson Reuters News & Insight, May 24, 2011
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No You May Not Have My ZIP Code
RetailingToday.com, March 28, 2011
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The State Supreme Court Shakes It Up for Retail Businesses
Los Angeles Daily Journal, February 16, 2011
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Using E&O Insurance in Foreclosure Litigation
Law360, December 22, 2010
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Settling Class Actions: Alternatives to Coupon Settlements after CAFA
Class Action Litigation Reporter, February 19, 2009
In The News
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Daily Journal Honors BuckleySandler's Donna Wilson as One of California's Top Women Lawyers
May 20, 2013
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Donna Wilson Quoted in Law360 Article, "ZIP Code Ruling Puts Retailers in Privacy Hot Seat"
Law360, March 14, 2013
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Donna Wilson Quoted in Law360 article, "How to Steer Clear of Text-Spam Litigation Tsunami"
Law360, March 13, 2013
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Donna Wilson Quoted in Law360 Article, "Apple Win in Calif. High Court Puts Privacy Law in Limbo"
Law360, February 5, 2013
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Andrew Sandler and Donna Wilson Quoted in California's Daily Journal
Daily Journal, August 2, 2012
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Donna Wilson on RetailingToday.com: "The hidden dangers of monitoring returns"
May 10, 2011
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Partner Donna Wilson Comments on Pineda v. Williams-Sonoma
February 10, 2011
Speaking Engagements & Events
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ACI's 12th National Forum on Residential Mortgage Litigation and Regulatory Enforcement
September 26, 2013
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March 7, 2013
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BuckleySandler Webinar: Privacy and Data Security - Planning for a Security Breach
February 14, 2013
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The California Homeowners Bill of Rights: What Does It Mean For Your Business?
January 31, 2013
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January 24, 2013
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BuckleySandler Webinar: Privacy and Data Security Update
November 7, 2012
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2012 CFPB and Top Regulatory and Enforcement Issues Conference
April 24, 2012
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April 18, 2012
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FCRA and FACTA: Leveraging New Developments in Certification, Damages, and Preemption
March 21, 2012
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The Credit Crisis and D&O Insurance Coverage: Challenges facing Insureds, Insurers, and Regulators
March 1, 2012
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Round Table on 2011-2012 Legal Developments and Trends for the Retail and Fashion Industries
January 19, 2012
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December 7, 2011
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Strafford Webinar: Class Actions on Data Breach and Privacy on the Rise
December 7, 2011
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Emerging Class Action Threat: Consumer Personal ID Data Strategies to Minimize Litigation Risks
May 24, 2011
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Strafford Webinar: FCRA and FACTA Class Actions
April 26, 2011
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West Coast Mortgage Lending and Servicing Today Conference
April 11, 2011
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ACI’s Privacy & Security of Consumer and Employee Information Conference
January 26, 2011
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Data Privacy and Information Security Conference
June 3, 2010
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2010 Fair Lending Today Conference
April 19, 2010
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
