Menu
  • Nancy J. Faggianelli
  • 813.229.4321
  • Share this page
Nancy J. Faggianelli

Nancy J. Faggianelli

Shareholder

Overview

Nancy Faggianelli represents business clients, financial institutions, and insurance companies in class actions and complex litigation in state and federal courts. She has substantial experience defending and prosecuting a wide variety of claims, including: shareholders' derivative claims, contractual disputes, securities claims, insurance coverage claims, product liability, infringement of intellectual property rights, misappropriation of trade secrets, professional liability, non-competition agreements, and business torts.

Nancy has tried cases in the areas of breach of contract, insurance, infringement of intellectual property rights, defamation, employment discrimination, and products liability, and she has won injunctions in cases involving intellectual property rights, non-competition agreements, and tortious interference with business relationships.

Nancy also has extensive experience in products liability cases, having tried two smoking and health cases for a major tobacco company, one of which was featured as the "Verdict of the Week" in the National Law Journal, and having defended over 20 other cases that were dismissed or resolved on summary judgment.

She serves as the firm's Chief Diversity Officer.

Featured Insights

Experience

Class Actions and MDL Representation

  • Defended consumer class action filed against an Internet services company for violations of the Computer Fraud and Abuse Act and the Florida Deceptive and Unfair Trade Practices Act that settled after decertification.
  • Defended shareholder fraud class action in the insurance industry that settled after denial of class certification.
  • Defended a class action against a financial institution involving claims of breach of duty and aiding and abetting that was dismissed with prejudice and upheld on appeal.
  • Defended shareholder derivative class action regarding transactions between related insurance companies that settled after denial of class certification.
  • Appointment as Liaison Counsel for insurance agents across the country in Multi-District Litigation regarding sales practices of a major insurance company.

Representation of Financial Institutions

  • Defended financial institution in tax strategy litigation involving claims of fraud and breach of contract against financial institutions, accounting professionals, and attorneys.
  • Prosecution of professional liability claim against international accounting firm based on representations made to national bank to fund a billion dollar acquisition.
  • Defended a national bank against claims of conspiracy, aiding and abetting, negligence, and breach of duties brought by the Receiver of a depositor who had operated a massive Ponzi scheme.
  • Defended NASD arbitrations involving allegations of fraud, unsuitability, and other breaches by securities brokers.
  • Defended broker/dealers of claims by elderly person alleging improper management of investments.

Representation of Insurance Companies

  • Defended coverage actions involving various types of policies, including life insurance, property and casualty, and environmental coverage claims.
  • Defended over 100 lawsuits alleging broker fraud and misconduct in a national MDL.
  • Defended multiple lawsuits alleging bad faith and intentional tortuous conduct in the handling of workers’ compensation claims.
  • Defended bad faith and breach of duty claims brought by shareholders.
  • Defended claims by elderly plaintiffs alleging that insurance agents misrepresented the benefits of using equity in existing policies to purchase additional policies.

Intellectual Property Matters

  • Landmark prosecution of claims against the State of Florida for the unconstitutional taking of property rights to a patented method to clean waterways.
  • Prosecution of litigation to enforce intellectual property rights transferred in the acquisition of a manufacturer of insulation products.
  • Prosecution of litigation to enforce intellectual property rights and non-competition provision in acquisition agreements for international swimming pool products company.
  • Co-counsel and local counsel with national and international law firms in numerous patent infringement cases.

Trials and Appellate Representation

  • Jury trial in state court of claims that insurer committed intentional torts in handling plaintiff’s workers’ compensation claim, resulting in settlement before the conclusion of Defendant’s case.
  • Jury trial in federal court of an employment discrimination claim based on alleged sexual harassment, resulting in a directed verdict.
  • Jury trial in federal court in products liability action involving water pipes used in rural communities throughout the Midwest, concluding in settlement before verdict.
  • Bench trial in state court involving claims of breach of contract and breach of fiduciary duty, resulting in a defense verdict.
  • Bench trial in state court involving claims of breach of contract and civil theft in connection with the acquisition of controlling shares of privately held corporation, resulting in a defense verdict.
  • Jury trial in federal court involving claims of defamation and age discrimination brought by former president of corporation who was, in fact, terminated for paying illegal kickbacks, resulting in a defense verdict.
  • Jury trials in state court involving smoking and health claims against a major tobacco company, resulting in one defense verdict and one plaintiff’s verdict.
  • Bench trial in state court to enjoin foreclosure on a nationally-franchised hotel resulting in an order enjoining foreclosure.
  • Bench trial in state court defending breach of contract claims concerning construction of the Tampa Bay Performing Arts Center.
  • Bench trials before Administrative Law judges regarding establishment of new automobile dealerships in Florida.
  • Bench trials in state court to terminate parental rights.
  • Appeals and oral arguments before the Florida Supreme Court, the Second District Court of Appeal, and the Eleventh Circuit Court of Appeals.

Representative Cases

  • O’Halloran v. First Union Nat. Bank of Fla., 2009 WL 962676 (11th Cir. 2009).
  • Shaunnessey v. Monteris Medical, Inc., 554 F. Supp. 2d 1321 (M.D. Fla. 2008).
  • Chacoa v. Mahon, 970 So. 2d 909 (Fla. 1st DCA 2007).
  • Polaris Pool Systems, Inc. v. Great American Waterfall Co., 2006 WL 289118 (M.D. Fla. 2006).
  • Crum Staffing, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA., 2006 WL 3289265 (M.D. Fla. 2006).
  • Fugate v. Reliastar Life Ins. Co., 205 WL 1225006 (M.D. Fla. 2005).
  • Innova/Pure Water, Inc. v. Safari Water Filtration Systems, 289 F. Supp. 2d 1347 (M.D. Fla. 2003).
  • Thomas v. AIG Marketing, Inc., 2003 WL 25781418 (M.D. Fla. 2003).
  • Jacobs v. Nintendo of America, Inc., 2003 WL 25738602 (M.D. Fla. 2003).
  • O’Halloran v. First Union Nat. Bank of FL., 205 F. Supp. 2d 1296 (M.D. Fla. 2002).
  • Harper v. United Healthcare of Fla., Inc., 793 So. 2d 945 (Fla. 2d DCA 2001).
  • Miles v. America Online, Inc., 202 F.R.D. 297 (M.D. Fla. 2001).
  • In re Insurance Management Solutions Group, 2001 WL 34106903 (M.D. Fla. 2001).
  • Ahern v. George H. Dikman Ins. Agency, 748 So. 2d 267 (Fla. 2d DCA 1999).
  • In re W.Y., 723 So. 2d 361 (Fla. 2d DCA 1998).
  • Kinney v. University Community Hosp., 718 So. 2d 183 (Fla. 2d DCA 1998).
  • Anthony Distrib. Co. v. Climo, 675 So. 2d 934 (Fla. 2d DCA 1996).
  • In re Prudential Ins. Co. of Am. Sales Practices Litig., 975 F. Supp. 584 (D.N.J. 1996).
  • Unkel v. Liggett Group, 175 F.R.D. 474 (M.D. Fla. 1997).
  • Hollingsworth v. Iwerks Entertainment, Inc., 947 F. Supp. 473 (M.D. Fla. 1996).
  • Stone v. Stone, 657 So. 2d 1256 (Fla. 2d DCA 1995).
  • Curry v. Galencare, Inc., 641 So. 2d 75 (Fla. 2d DCA 1994).
  • Jacobs Wind Electric Company, Inc. v. Dept. of Transportation, 626 So. 2d 1333 (Fla. 1993).
  • Martin v. Carroll Graphics Corp., 804 F. Supp. 311 (M.D. Fla. 1992).

Featured Insights

All Insights

Recognition

  • AV Rated by Martindale-Hubbell
  • Recipient, The Florida Diversity Council’s Multicultural Leadership Award (2016)
  • Recipient, The Florida Diversity Council's LGBT-Allies Leader Award (2014)
  • Recipient, Diversity Best Practices' Diversity Officer Leadership Award (2008)

Professional & Community Involvement

  • The American Bar Association 
    • Litigation Section
    • Minority Trial Lawyer Committee
  • The Florida Bar 
    • Civil Procedure Rules Committee 
      • Electronic Discovery Subcommittee
      • Chair, Subcommittee on Rule 1.351
    • Chair, Thirteenth Judicial Circuit Grievance Committee (1998-1999, 2005-2006) 
    • Business Law Section, Business Litigation Committee
  • Master, Ferguson-White American Inn of Court (1999-2003)
  • Hillsborough County Bar Association
  • Board of Directors, Tampa Chapter of the Federal Bar Association
  • Treasurer, Hillsborough Association for Women Lawyers (2001-2002)
  • Equality Florida 

Speaking Engagements

  • "Litigation & Dispute Resolution Management: Aligning Strategy, Budget and Support,” Martindale-Hubbell Counsel to Counsel Forum, Chicago (June 19, 2009)
  • Bad Faith Claims, Association of Workers Compensation Claims, Professionals Leadership Conference, Naples, FL (2008)

Credentials

Education
  • University of Florida College of Law (J.D., with honors, 1982)
    • Order of the Coif
    • Editor, Florida Law Review 
  • University of Florida (B.A., 1976)
Bar Admissions
  • Florida
Court Admissions
  • United States Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.