William J. Holley II

William J. Holley II

Partner | Atlanta Office
wholley@phrd.com
T: (404) 420-5544
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • Duke University - (A.B., magna cum laude, 1982)
  • Vanderbilt University - (J.D., 1985) Editor-in-Chief, Vanderbilt Law Review, 1984-1985

Admitted to Practice

  • Georgia


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About Bill

Bill is an experienced trial lawyer who has achieved great success before juries, judges, and arbitrators. He focuses his practice on complex business litigation, particularly in the areas of banking, finance, securities, real estate, significant tort, and class action defense. In 2015, Bill was inducted as a Fellow in the prestigious American College of Trial Lawyers.

Bill serves as litigation counsel for several financial institutions including the three largest national banking associations and the two largest state chartered banks operating in Georgia. In addition, Bill routinely represents real estate companies, broker dealers, and Fortune 500 companies in complex business tort, contract, product liability, and mass/class action litigation. His cases address a wide variety of legal issues including breaches of contract and fiduciary duties, fraud, RICO, TILA, RESPA, ERISA, and violations of various state and federal statutes. In his twenty-eight years of law practice, Bill has served as a federal prosecutor, defense counsel in both civil and criminal matters, and plaintiff's counsel. He has tried more than 80 jury trials in jurisdictions throughout the United States and represented clients in numerous federal and state appeals, many of which resulted in reported cases.

Bill served as a Captain in the United States Air Force Judge Advocate General Department where, among other achievements, he successfully defended to acquittal one of the only capital murder cases ever prosecuted by the United States Air Force.

Bill also serves on the Firm's Partner Compensation Committee.

Representative Engagements

  • Acted as lead counsel for two major banks defending claims in excess of $500 million as part of the national overdraft litigation MDL and obtained complete dismissals after four years of intense litigation before Federal district courts, Federal circuit courts and the United States Supreme Court
  • Jury defense verdict obtained for bank defending $30 million commercial loan loss claims
  • Directed verdict obtained for bank defending multi-million dollar commercial foreclosure claims
  • Defended national bank in series of RICO cases - in seven years of litigation all cases resolved in bank’s favor
  • Represented national bank in successfully vacating $950 million default judgment and obtained award of attorneys fees against plaintiffs and their counsel
  • Represented national subprime lenders in a series of mass fraud actions - all won on summary judgment in favor of lenders
  • Represented national home improvement product retailer in defeating specific performance claim regarding $27.5 million real estate transaction
  • Defeated series of wrongful death actions for alleged negligent security at various financial institutions
  • Obtained dismissals of senior executives from $600 million post-bankruptcy litigation trust action
  • Defended national and state chartered banks in putative class actions for various consumer finance, fraud, and RICO allegations - in all cases banks prevailed on motions to dismiss or motions for summary judgment
  • Represented national commercial property developer in complex contract and real estate zoning dispute - resolved favorably in mediation
  • Represented national bank in civil recovery in excess of $1.4 million following robbery
  • REPORTED CASES: Parnell v. Cash Call et al., 2015 U.S. App. Lexis 1877 (11th Cir. Oct. 30, 2015); Page v. Branch Banking and Trust, 2015 U.S. Dist. Lexis 21021 (N.D. Ga 2015); Regan v. Stored Value Cards, et al., 85 F. Supp 3d 1357 (N.D. Ga 2015); Camp v. Ala. Telco Credit Union, 2013 U.S. Dist. Lexis 67418 (N.D. Ala. 2013); Hough v. Regions Financial Corp. (In re Checking Account Overdraft Litig. MDL No. 2036), 672 F.3d 1224 (11th Cir. 2012); Barras v. Branch Banking & Trust Co. (In re Checking Account Overdraft Litig. MDL No. 2036), 685 F.3d 1269 (11th Cir. 2012); Powell-Perry v. Branch Banking & Trust Co. (In re Checking Account Overdraft Litig. MDL No. 2036), 485 Fed. App’x 403 (11th Cir. 2012); Diplomat Constr., Inc. v. State Bank of Texas, 314 Ga. App. 889 (2012); Canton Plaza, Inc. v. Regions Bank., 315 Ga. App. 303 (2012); Branch Banking & Trust Co. v. Gordon, __ U.S. __,132 S. Ct. 577 (2011); In re Checking Account Overdraft Litig., 813 F. Supp. 2d 1365 (S.D. Fla. 2011); In re Checking Account Overdraft Litig., 734 F. Supp. 2d 1279 (S.D. Fla. 2010); Gordon v. Branch Banking & Trust Co., 666 F. Supp. 2d 1347 (N.D. Ga. 2009); Regions Mortg., Inc. v. Jackson, 294 Ga. App. 525 (2008); Dudley et al. v. Wachovia Bank, 290 Ga. App. 220 (2008); Kipperman v. Onex Corp., 2007 U.S. Dist. Lexis 71551 (N.D.Ga. Sept. 26, 2007); Kaufman v. Bank of America, N.A., 2007 U.S. Dist Lexis 28255 (S.D.Ga. Apr. 17, 2007); Ware and Ware Bottling Co. v. FleetBoston Fin. Corp., 180 Fed App. 59 (11th Cir. 2006); Olateru-Olagbegbi v. Branch Banking & Trust Co., 2006 U.S. Dist Lexis 53944 (N.D.Ga. Aug. 3, 2006); Ware and Ware Bottling Co. v. Fleet Boston Fin. Corp., 2005 U.S. Dist. Lexis 34333 (Dec. 9, 2005); Nesco, Inc. v. Cisco Express, Inc., et al, 2005 U.S. Dist Lexis 36189 (S.D.Ga. Oct. 7, 2005); Boykin v. Bank of Amer. Corp., 162 Fed. App. 837 (11th Cir. 2005); Ware v. Fleetboston Financial Corp., 2005 WL 3359706 (N.D.Ga. Dec. 9, 2005); Gerber & Gerber, P.C. v. Regions Bank, 266 Ga. App. (2004); Blanton v. Bank of America, 256 Ga. App. 103 (2002); Stewart v. Bank of America, 2003 F.R.D. 585 (M.D. Ga. 2001); Chang v. Bank of America, 251 Ga. App. 577 (2001); Dollar v. NationsBank, 244 Ga. App. 166 (2000); Glinton v. And R, Inc., et al., 173 F.3d 1352 (11th Cir. 1999); Railcar, Ltd. v. Southern Illinois Railcar Co., 42 F.Supp.2d 1369 (ND Ga. 1999); Dean v. NationsBank, 266 Ga. App. 370 (1997); Shahar v. Bowers, 120 F.3d 211 (11th Cir. 1997); Mullins v. MGD Graphics, 867 F.Supp. 1578 (N.D. Ga. 1994); Mitsubishi Intern. Corp. v. Cardinal Textile Sales, Inc. et al., 14 F.3d 1507 (11th Cir. 1994); Lloyd v. Prudential Securities, 211 Ga. App. 247 (1993).
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Professional and Civic Involvement

  • National Board of Directors for the National Multiple Sclerosis Society (since 2014); Georgia Chapter (since 1994), Board Chair (2011-2015)
  • Pro Bono Attorney, Atlanta Volunteer Lawyers Foundation since 1989
  • American Bar Association
  • Atlanta Lawyers Club
  • Habitat for Humanity Project Coordinator (2005-2012)
  • Vanderbilt University School of Law (Class Agent, since 1996)
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Honors

  • Fellow, American College of Trial Lawyers
  • Recognized by The Best Lawyers in America as the Atlanta 2016 "Lawyer of the Year" in Litigation - Banking and Finance
  • Recognized in Chambers USA Leading American Business Lawyers for his complex commercial litigation reputation (2009-present)
  • Recognized both as a leading Commercial Litigation and leading Litigation - Banking and Finance practitioner by "Best Lawyers in America" (2010-present)
  • Selected as one of Georgia's "Super Lawyers" by Law & Politics Media and Atlanta Magazine (2004-present)
  • Named one of Georgia's leading business litigation lawyers by Georgia Trend magazine ("Georgia's Legal Elite")
  • Recognized as a "Preeminent Lawyer" by Martindale-Hubbell and ALM (2012-Present)
  • AV Martindale-Hubbell rating since 1992
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Publications and Presentations

  • Co-presenter: "Insolvency and Cyber-related Claims: A Brave New World," at the AIRA 34th Annual Bankruptcy & Restructuring Conference in Nashville, Tennessee (June 2018)
  • Presented "Bulletproofing Your Expert," at the 2016 Annual Georgia Evidentiary Foundations and Objections CLE Seminar (Feb. 2016)
  • Presented "Impeachment Techniques Under Georgia's Evidence Code," at the 2015 Annual Georgia Evidentiary Foundations Objections CLE Seminar (Feb. 2015)
  • Presented "Springing the Well-Laid Trap: Impeachment Under Georgia's New Evidence Code," at the 2014 Annual Georgia Evidentiary Foundations and Objections CLE Seminar (Feb. 2014)
  • Presented the topic "Trends and Issues in Lender Liability" at the "Boardroom Challenges" seminar in Atlanta, Georgia (June 2011)
  • Presented and Authored, "Subprime Lending Litigation: How to Protect Your Bank," a teleconference briefing to a national audience of American Bankers Association members, federal regulators and press (May 2009)
  • Co-Author: "Subprime Lending Litigation Survey: Survey, Safeguards and Strategies," ABA Bank Compliance, pp 8-15 (May-June 2008)
  • Quoted in international RISK magazine as authority, on banking, securities and real estate litigation (March 2008, May 2008)
  • Presented and Authored, "Subprime Lending Litigation: Best Practices Pre and Post Litigation to Minimize Risk," a teleconference briefing to a national audience of American Bankers Association members, federal regulators and press (February 2008)
  • Author: "Criminal Prosecution of Bank Personnel Under the Misapplication Statute: The Proper Mens Rea For Establishing Intent, 37 Vanderbilt Law Review 1397 (1994)
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