Lawyer Bio : Debbie W. Harden

Debbie W. Harden

Charlotte

Debbie has been a business litigator for over 25 years, with a focus on class actions and other complex corporate and commercial litigation including insurance company, ERISA and other fiduciary representations. Debbie has successfully defended clients in insurance, consumer finance, real estate, mortgage, antitrust, securities, and tax class litigation. With respect to fiduciary litigation, Debbie has over 20 years experience with six defense verdicts and countless summary judgments obtained for Womble clients as lead counsel. Debbie's experience in corporate and commercial litigation ranges from partnership and corporate formation, governance, acquisition and transaction disputes to insurance and commercial lending lawsuits. Debbie has been recognized as one of the country's leading trial lawyers by The Best Lawyers in America and North Carolina Super Lawyers.

Representative Cases
Gary Rose v. SLM Financial Corporation and SLM Mortgage Corporation-NC, et al - United States District Court for the Western District of North Carolina and Fourth Circuit Court of Appeals. Class certification denied in case alleging bait and switch tactics by mortgage broker.

Thorn, et al v. Jefferson-Pilot Life Insurance Company - United States District Court for the District of South Carolina and Fourth Circuit Court of Appeals. Class certification denial, affirmed in a two - one decision on appeal for Jefferson-Pilot in an alleged discrimination case involving the sale of life insurance policies to minorities.

Ray, et al v. Blue Ridge Electric Membership Corporation - Ashe County Superior Court, before specially-appointed judge, the Honorable John Jolly, currently of the North Carolina Business Court. Class certification denied in real estate based lawsuit.

Builders Mutual Insurance Company - North Carolina Department of Insurance investigation. Successful representation of special committee of the Board of Directors charged with investigation and resolution of allegations of improper conduct by the Board.

ABF Freight Systems, Inc. et al (five related cases) - United States District Court, Western District of North Carolina, Charlotte and Asheville Divisions and Fourth Circuit Court of Appeals. Obtained five defense judgments after separate trials in ERISA severance lawsuits. Affirmed on appeal.

Howerton et al v. Bank of America, N.A. - Mecklenburg County Superior Court. Favorable settlement after years of litigation with beneficiary alleging breach of fiduciary duty involving investments, distributions and conflicts of interest.

Charlotte Medical Clinic v. Wachovia Bank, N.A. - United States District Court, Western District of North Carolina. Favorably settled breach of fiduciary duty claim regarding investments and implementation of investment directives.

Riley, et al v. Murdock, Fieldcrest Cannon et al - United States District Court, Eastern District of North Carolina and Fourth Circuit Court of Appeals. Summary judgment obtained for Fieldcrest Cannon on alleged ERISA breach of fiduciary duty claims and state law claims regarding the annuity funding of a pension plan. Case affirmed on appeal.

Praxair, Inc. v. Airgas, Inc. et al - North Carolina Business Court before the Honorable Ben Tennile. Successful opposition to multi-day summary judgment proceeding and Daubert challenges in dispute arising from breach of right of first refusal. Settled thereafter.

Additional Biography Info

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Professional Activities

Bar Associations: Mecklenburg County Bar Association; Georgia State Bar; North Carolina Bar Association, Litigation Section; American Bar Association.

Admitted to practice before the United States District Court for the Eastern, Middle and Western Districts of North Carolina and the Northern District of Georgia; the United States Court of Appeals for the 4th and 11th Circuits; and the United States Supreme Court.

Civic Activities

Outside the office, Debbie has served on the Board and Finance Committee of the Children's Theatre of Charlotte as well as the Board and Investment Committee of the Foundation for the Endowment of Arts & Sciences. She previously served for six years on the Board of Managers of the Uptown YMCA, including serving as Chairman, and was the recipient of the Uptown YMCA Volunteer of the Year Award for 2005.

Education

B.A., 1979, University of North Carolina Chapel Hill, Honors in Economics, Morehead Scholar, Morehead Travel Stipend; J.D. with Honors, 1982, University of North Carolina School of Law, North Carolina Law Review, Holderness Moot Court Bench, Jessup Cup International Moot Court Team.

Additional Information

Firm Management Responsibilities
Member - Professional Liability & Risk Management Committee; Attorney for the Firm; Chaired Ethics & Conflicts Committee for 10 years; Head of ERISA litigation team for over 10 years.

Areas of Proficiency

  • Business, Corporate and Commercial Litigation
  • Class Actions
  • Consumer Finance, Mortgage and Real Estate Litigation
  • Dispute Resolution
  • Fiduciary Litigation (emphasis on corporate fiduciaries, trusts, trustees, ERISA plans and insurance companies)
  • Insurance Company Litigation
  • Professional Liability

Honors