Overview

Nancy Stagg skillfully and efficiently solves her clients’ litigation problems – especially the toughest ones that keep them up at night. While remarkably successful in trial and appellate courts when it’s needed, Ms. Stagg’s greatest strength is in quickly sizing up the case at hand and developing an effective strategy to marshal the law and the evidence to her clients’ best advantage. Her genuine caring about her clients’ businesses, as well as her competitive nature, ensure clients get her best efforts – always. In addition to her substantial trial, arbitration and appellate experience, Ms. Stagg enjoys counseling corporate legal departments and business owners in the most effective ways to avoid potential litigation.

Ms. Stagg’s practice focuses primarily on the defense of consumer class actions and she heads the Class Actions team in California. She also handles a wide variety of complex commercial, employment and intellectual property litigation, including trade secret theft litigation. Her clients come from all over the world and range from privately-held family-owned businesses to some of the world’s largest publicly-traded companies.

Ms. Stagg is consistently recognized by her peers and clients for her skill, tenacity and insight. Ms. Stagg is listed in The Best Lawyers in America® in the areas of Commercial Litigation, Intellectual Property Litigation, and Labor & Employment Litigation for 2018 and each of the ten years immediately preceding. She was recognized as a San Diego “Super Lawyer” for Business Litigation in 2018 and each of the 11 years immediately preceding by Super Lawyers magazine and in 2009, Ms. Stagg was recognized as a “Top 25 Female San Diego Super Lawyer” by Super Lawyers magazine. She was named “Best of the Bar” by the San Diego Business Journal in 2014 and 2015. In 2013, Ms. Stagg was recommended by Legal 500 US in the areas of Media, Technology and Telecoms – Data and Privacy and in 2007, she was recommended by Legal 500 US IP and Legal 500 US Litigation in the area of Trade Secrets Advice and Litigation. She was named as one of San Diego's "Top Ten" attorneys in 2006 by The Daily Transcript.

Ms. Stagg also gives back to the community. She was a finalist for the Mentor of the Year by the Stevie Awards for Women in Business, an honoree of the San Diego Business Journal’s Women Who Mean Business, an honoree of the San Diego YWCA Tribute to Women & Industry, and a two-time recipient of the Manuel Wiley Pro Bono Award for the State Bar of California in 1997 and 2013.

Prior to joining the firm, Ms. Stagg was a partner and litigation department office chair in the San Diego, California office of an international law firm. Ms. Stagg was also a principal in the San Diego, California office of an international intellectual property law firm where she was chair of its diversity initiative.

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Experience

Obtained judgment of dismissal (after severing case from multi-district litigation proceeding) for government sponsored financial services enterprise in connection with consumer class action alleging violations of TILA, RESPA and California consumer law statutes over forced place flood insurance policies.

Represented an internet-based retailer on privacy issues associated with class action litigation under the California Invasion of Privacy Act. Case settled prior to class certification motion.

Represented a San Diego, California biopharmaceutical company and individual officers in the defense of a trade secret action brought by former employer. Successfully moved the trial court for a detailed trade secret statement from the plaintiff prior to providing the defendants’ responses to discovery related to the alleged trade secrets. In the published appellate opinion, established the right of California defendants in cases involving claims of misappropriation to obtain a trade secret statement with a higher level of particularity where the alleged trade secrets are in a highly specialized technical field.

Represented hospitality chain in connection with TCPA class action. Obtained judgment of dismissal after conducting initial investigation which showed plaintiff’s claims lacked merit.

Represented semiconductor manufacturer in connection with declaratory action regarding employee non-compete agreement. Obtained stay of action and negotiated favorable settlement for client.

Defended non-profit student loan provider in connection with two California consumer class actions alleging invasion of privacy over allegedly unauthorized recording of telephone calls. Obtained dismissals of both cases.

Represented a major hard drive manufacturer located in Silicon Valley in the defense of a consumer class action alleging defective hard drives and breach of product warranty. Defeated class certification and obtained summary judgment of dismissal in favor of manufacturer after successfully excluding plaintiffs' liability expert.

Defended scientist/officer/inventor accused by bankruptcy trustee for former employer of breaching his fiduciary duty in connection with new startup funding opportunity. Obtained summary judgment in bankruptcy court adversary proceeding.

Achieved favorable settlement for client in connection with defense of same-day delivery service in employment class action over drivers’ independent contractor status.

Defended commercial bank in connection with class action alleging violation of California false advertising statutes over free gift reward program. Negotiated favorable settlement of case.

Represented internet-based floral company in defense of class action alleging false advertising over product description. Case resolved successfully prior to class certification motion.

Defended government sponsored financial services enterprise in connection with multiple state class actions filed by local officials seeking payment of transfer taxes for foreclosure document recordings. Obtained rulings (upheld on appeal) that no transfer taxes were due.

Obtained TRO and preliminary injunction against former officer of California bioscience company in trade secret misappropriation action. Obtained forensic evidence establishing that the officer copied and then deleted files from computer after being served with a turnover order from the court. Case settled after issuance of preliminary injunction.

After being brought in by client as successor counsel after initial class certification ruling, conducted post-certification discovery and obtained order decertifying a previously-certified three state class action as to damages.

Defended student loan provider in connection with California debtor claims alleging fraud and false advertising in connection with certain fees paid upon loan disbursement. Obtained dismissal prior to hearing on motion to amend to add class allegations.

Represented telecommunications company in California class action alleging false advertising regarding description of fees and charges. Obtained summary judgment in favor of telecommunications company after statewide class initially certified. Judgment affirmed after appeal.

Represented semiconductor manufacturer in connection with declaratory action regarding employee non-compete agreement. Obtained stay of action and negotiated favorable settlement for client.

Represented a large California health plan in defending alleged class action violations of the Mental Health Parity Act, alleged unfair business practices, and alleged violations of the Unruh Act in a class action brought in California Superior Court. Case settled prior to trial.

Achieved favorable settlement for client in connection with defense of retail merchandising company in wage and hour class action.

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Insights
Services
Industries
Education

California Western School of Law, J.D. (1991) cum laude

Franklin & Marshall College, B.A., Government (1983)

Admissions

California (1991)

Court Admissions

U.S. District Court for the Southern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Federal Circuit

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Clerkships

U.S. Court of Appeals for the Ninth Circuit - Honorable David R. Thompson

Professional & Community Activities

Southern District of California, Lawyer Representative Committee, Co-Chair

Southern District of California to the Ninth Circuit Judicial Conference, Lawyer Representative

American Inns of Court, William B. Enright Chapter, Master, Director, and President

San Diego County Bar Foundation, Director, Governance Sub-Committee, Member

U.S. District Court for the Southern District of California Merit Selection, Member

Appointment and Reappointment of Magistrate Judges, Panel Member

San Diego County Bar Association, Leadership Outreach Council, Member

Association of Business Trial Lawyers, San Diego Chapter, Board of Governors, Member

California Western School of Law, Board of Trustees, Member (1992-1993)

Litigation Counsel of America, Fellow

IP Institute, Founding Charter Member

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