Debbie W Harden

Practice Areas

Dispute Resolution And Litigation; Antitrust Litigation; Competition, Antitrust And Trade Regulations; Class Action Litigation; Corporate; Shareholder, Securities And Derivatives Litigation; Consumer Finance Disputes And Litigation; Employee Benefits Litigation; Employment And Pensions; Fiduciary Litigation; Property Disputes; Banking And Finance; Finance: Banking, Restructuring, Insolvency; Professional Risk Disputes; Corporate Tax; Multistate & Local Tax

Career

Debbie Harden is co-leader of the Firm’s Financial Services Sector Team and a partner in the Firm’s Business Litigation Practice Group. She has more than 35 years of experience as a strategic business litigator and trusted legal adviser. In addition to counseling on corporate, governance and fiduciary matters, Debbie has a broad-based commercial arbitration and litigation practice in state and federal courts including the specialized North Carolina Business Court. A Chambers USA-ranked commercial litigator with a Martindale AV-ranking, she was also selected for inclusion by Best Lawyers in America in the fields of Commercial Litigation, Banking and Finance Litigation, ERISA Litigation, Securities Litigation, Mergers and Acquisitions Litigation, and Trust and Estates Litigation. Debbie has been recognized as both the “ERISA Litigation Lawyer of the Year” and the “Trusts and Estates Lawyer of the Year” for Charlotte and is included in the North Carolina Super Lawyers.

As summarized by Chambers USA from client interviews, Debbie is a “tenacious and meticulous advocate” and a "really fine litigator with incredible analytical skills.” She is also “acclaimed for her keen and committed client advocacy,” “noted by clients for her effective courtroom demeanor” and is “praised by clients for her efforts to understand their business and its needs.” (Chambers USA 2014 - present).

Debbie focuses on complex corporate and commercial arbitration and litigation including contracts, investments, fiduciary disputes, Employee Retirement Income Security Act (ERISA) cases, class action defense, derivative actions, securities litigation, antitrust disputes, and insurance matters. In the class action area, Debbie has successfully defended clients in putative and certified actions involving ERISA, securities, banking, consumer finance, insurance, real estate, mortgage, antitrust and tax claims. With respect to fiduciary litigation, Debbie has obtained numerous defense verdicts and countless summary judgments for her clients.

Professional Memberships

Mecklenburg County Bar Association

Georgia State Bar

North Carolina Bar Association, Litigation Section

American Bar Association

Board and Finance Committee of the Children’s Theatre of Charlotte/ImaginOn

Board and Investment Committee of the Greater Cultural Trust

Board of Managers of the Uptown YMCA, including service as Chair

Recipient of the Uptown YMCA Volunteer of the Year Award for 2005

Board and Audit Committee of the Habitat for Humanity of the Charlotte Region

Industry Sector Expertise

Financial Services; Insurance; Wealth Management; Retail And Hospitality; Energy And Natural Resources

Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

Obtained complete defense award in AAA arbitration involving complex investment matter in January 2022, including recovery by client of AAA costs. Hearing in fourth quarter of 2021 with 14 witnesses (8 experts) and more than 600 hearing exhibits.

Defending Duke Energy Carolinas in a mass action pending in the Western District of North Carolina.

Served as counsel for Carolinas Healthcare System/Atrium Health in federal and state antitrust litigation brought by the U.S. Department of Justice, the North Carolina Department of Justice and purported classes of insureds. Putative federal class action dismissed by district court, dismissal upheld by Fourth Circuit, and cert petition denied by U.S. Supreme Court in 2021. Putative state class action dismissed in entirety by NC Supreme Court.

Obtained summary judgment for Wells Fargo Bank, N.A. on claims of breach of fiduciary duty and fraud based on an alleged conflict of interest between trust services and commercial lending.

Defended Duke Energy Corporation and its Board of Directors in federal securities litigation and derivative actions arising out of Duke’s merger with Progress Energy, as well as the company’s coal ash issues.

Obtained favorable class settlement for three hospital defendants in an anti-trust and price-fixing class action, despite claim of compensatory damages exceeding $200,000,000, after class certification denied on one of two alleged classes.

Defeated class certification in putative class action alleging bait-and-switch tactics on the part of a mortgage broker.

Represented Nationwide Insurance in defense of putative class action claims challenging its insurance practices.

Obtained complete dismissal of Americo Financial Life and Annuity Insurance Company, Investors Life Insurance Company of North America, and Americo Life Inc. in annuity-based putative class action, with dismissal upheld by the Fourth Circuit.

Defeated class certification for Blue Ridge Electric Membership Corporation in land rights-and real estate-based putative class.

ERISA and Fiduciary