Arnold & Porter LLP - Nancy L. Perkins

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Nancy L. Perkins

Counsel

Washington, DC

tel: +1 202.942.5065
fax: +1 202.942.5999

Nancy.Perkins@aporter.com

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Practice Focus

Litigation

Nancy Perkins has a diverse practice including litigation, legislative, and regulatory work involving emerging policy issues. Her litigation practice is both at the trial and appellate court levels, including the US Supreme Court, as well as in international arbitration. Ms. Perkins focuses in particular on class actions, including major nationwide class actions, and on cases involving federal preemption of state law. She has extensive experience representing clients in the financial services industry, including both banks and insurers, as well as pharmaceutical companies. She also has particular experience in the area of international immunities, and has successfully defended international organizations on immunities grounds in numerous cases.

Ms. Perkins served as a law clerk to the Honorable Eugene H. Nickerson of the US District Court for the Eastern District of New York from 1987 to 1988. At Harvard Law School, she was an editor of the Harvard Law Review as well as the Harvard International Law Journal.

Representative Matters

Represented State Farm Mutual Automobile Insurance Company in nationwide class action, Gilchrist v. State Farm et al.
Represented the Inter-American Development Bank in numerous cases, including Atkinson v. IDB.
Represented State Farm Bank in State Farm Bank v. Burke, State Farm Bank v. Reardon, and State Farm Bank v. District of Columbia.
Represents Bank of America in numerous class actions involving banking preemption.
Represented the American Bankers Association, America's Independent Bankers, Consumer Bankers Association, Consumer Mortgage Coalition, Financial Services Roundtable, and Mortgage Bankers Association as amici curiae before the Supreme Court in Watters v. Wachovia.

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Representative Matters

Representative Litigation Matters

Represented State Farm Mutual Automobile Insurance Company in nationwide class action, Gilchrist v. State Farm et al.
Represented the Inter-American Development Bank in numerous cases, including Atkinson v. IDB.
Represented State Farm Bank in State Farm Bank v. Burke, State Farm Bank v. Reardon, and State Farm Bank v. District of Columbia.
Represents Bank of America in numerous class actions involving banking preemption.
Represented the American Bankers Association, America's Independent Bankers, Consumer Bankers Association, Consumer Mortgage Coalition, Financial Services Roundtable, and Mortgage Bankers Association as amici curiae before the Supreme Court in Watters v. Wachovia.

Representative International Trade Matters

Represented the Republic of Venezuela in GATT/WTO proceedings on: (1) US Imports of Tuna, (2) EU Imports of Bananas, (3) US Imports of Gasoline.
Represented the Republic of Argentina in ICSID dispute under Argentine-French Bilateral Investment Treaty.
Represented the Republic of Chile in antidumping proceedings before the International Trade Commission.
Represented numerous clients, including Thales (then Thomson-CSF), American Management Systems, American Capital Strategies, GKN Aerospace North America, Komatsu America Corp., Owens Corning, NFR Security, and DFI International in Exon-Florio proceedings.

Awards

Pro Bono Service Award for Election Monitoring in Nicaragua, International Human Rights Law Group, 1990

Rankings

Chambers USA: America's Leading Lawyers for Business 2010 for Privacy & Data Security

Chambers Global: The World's Leading Lawyers for Business 2010 for Privacy & Data Security

Professional and Community Activities

Professional Activity

Member, American Law Institute
Treasurer, American Society of International Law (ASIL)
Member, Editorial Advisory Committee of International Legal Materials, an ASIL publication
Former chair, International Law Section of the DC Bar
Chair, Public International and Criminal Law Committee, International Law Section of the DC Bar
DC Bar’s Steering Committee for the International Law Section

Articles

Nancy L. Perkins and Beth S. DeSimone. "Has Financial Regulatory Reform Materially Altered The Preemption Landscape For Federally Chartered Institutions?." (PDF: 381 kB) The Banking Law Journal September 2010.

Nancy L. Perkins. "Proposed U.S. HITECH Act Data Privacy And Security Rules: How Would They Impact Pharmaceutical Companies?." (PDF: 88 kB) BNA International's World Data Protection Report. Reproduced with permission, Volume 10, Number 8. Copyright 2010 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com. Also ran in BNA's Privacy & Security Law Report and Pharmaceutical Law & Industry Report August 2010.

Nancy L. Perkins. "Heath Information Security: Complying With Federal Breach Notification Requirements as a Newly Regulated Entity." (PDF: 58 kB) Bloomberg's Health Law Report, Vol. 3, No. 1, January 2010.

Nancy L. Perkins. "New Federal Rules on Notifications of Breaches of Health Information Security: What Do They Mean for the Healthcare Industry?." (PDF: 65 kB) Bloomberg's Health Law Report, Vol. 2, No. 11, November 1, 2009.

Nancy L. Perkins. "Medical Groups Oppose Federal Identity Theft Prevention Policy." (PDF: 287 kB) Ocular Surgery News (also ran in Orthopedics Today), May 10, 2009.

Nancy L. Perkins. "Stimulus Package Affects Health Data Privacy and Security." (PDF: 263 kB) Ocular Surgery News April 2009.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 119 kB) Bloomberg's Risk & Compliance Law Report, Vol. 1, No. 9, December 2008.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 125 kB) Bloomberg's Banking & Finance Law Report, Vol. 1, No. 31, December 1, 2008.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 423 kB) Bloomberg's Health Law Report, Vol. 1, No. 10, November 2008.

Nancy L. Perkins, Howard N. Cayne and Laurence J. Hutt. "Watters v. Wachovia: A Functional Approach To Federal Banking Law Preemption." (PDF: 330 kB) Review of Banking and Financial Law, Fall 2008.

Ronald D. Lee and Nancy L. Perkins. "The National Security Guard Dog Gets a Few More Teeth: What the New Foreign Investment Security Act of 2007 Means for Foreign Acquisitions of U.S. Companies." (PDF: 322 kB) The M&A Lawyer, October 2007.

Ronald D. Lee and Nancy L. Perkins. "Securing U.S. Strategic Assets: Does The Exon-Florio Statute Do Its Job?." (PDF: 51 kB) The China Trade Law Report, April 2006.

Howard N. Cayne and Nancy L. Perkins. "National Bank Act Preemption: The OCC's New Rules Do Not Pose a Threat to Consumer Protection or the Dual Banking System." (PDF: 438 kB) The Annual Review of Banking and Financial Law, 2004.

Nancy L. Perkins. "Prescription for Privacy; Protecting Patients' Personal Health Records was one of Clinton's Final Actions»." Legal Times, January 2001.

Nancy L. Perkins. "Saving Dolphins and Trade»." Legal Times, September 1996.

Presentations

Nancy L. Perkins. "Proposed Consumer Financial Protection Act: Implications for Financial Services Marketing." (PDF: 582 kB) American Conference Institute's 4th National Advanced Forum on Financial Services Marketing Compliance, New York, NY, May 26 - 27, 2010.

Nancy L. Perkins. "FACTA Red Flags Rule: Parameters in Flux?." (PDF: 572 kB) American Conference Institute's 9th National Advanced Forum on Privacy and Security of Consumer and Employee Information, Washington, DC, January 26-27, 2010.

Howard N. Cayne, Brian C. McCormally and Nancy L. Perkins. "Cuomo v. Clearing House: State Enforcement Against Federally Chartered Banks." (PDF: 140 kB) Strafford Publications, July 28, 2009.

Nancy L. Perkins. "The HIPAA Privacy Rule: Implications for CMS Proposed Coverage With Evidence Data Collection." (PDF: 63 kB) Registries & Post-Marketing Data Collection Seminar, May 2005.