Nancy Durand

Nancy Durand serves as general counsel and legal advisor to nonprofit corporations and tax-exempt entities throughout New York State. From formation to dissolution, Nancy provides a diverse range of clients with strategic advice and counsel at every phase of the nonprofit cycle.  Her solution-driven practice focuses on helping nonprofit entities overcome obstacles, resolve disputes, and minimize risk in order to grow and advance their missions. 

Nancy routinely advises clients on day-to-day employee relations issues as well as a full range of governance matters, including board structure, internal management, advocacy, affiliations and strategic partnerships, conflicts of interest, tax-exempt advice, political guidance, and policies and procedures. She often works with nonprofits in crisis, providing crisis management counsel and support and utilizing her extensive experience conducting internal investigations, including those involving allegations of harassment, discrimination, misappropriation, theft, and other alleged misconduct.

Prior to joining the firm in 2016, Nancy served as lead attorney for a multinational, Manhattan-based law firm, handling complex commercial litigation and arbitration matters, internal investigations, and regulator inquiries. When required, she represents nonprofit clients in state and federal court, arbitration proceedings, and mediations in connection with a broad range of disputes, as well as in connection with government investigations and inquiries. She also supports SBJ’s cooperative and condominium law practice in governance and litigation matters, in particular those related to affordable housing programs such as Mitchell-Lama and HDC (NYC Housing Development Corporation). 

Nancy’s commitment to community includes supporting nonprofit organizations with business and legal services as a Pro Bono Partnership volunteer, and serving on the board of directors of the Center for Safety & Change, which provides life-changing programs and services to crime victims. In addition, she is on the board of Lionheart Projects, which provides funding for infrastructure projects in Haiti, and Ayiti-on-the-Hudson, an organization dedicated to supporting and promoting Haitian culture. Supporting the development and implementation of youth-focused legal, civics, and college-readiness programs is a long-time passion of Nancy’s, one she continues to engage in as time allows.

• General Counsel to several nonprofit organizations throughout the New York metropolitan area.
• General Counsel to the largest residential development in the United States, consisting of over 15,000 residential units, over 130 commercial stores and 50 commercial offices, and a 40mw power plant.
• Appellate Counsel and Special Litigation Counsel to several municipalities and governmental bodies throughout the Hudson Valley and Long Island.
• Representing an Industrial Development Agency in a federal action asserting constitutional retaliation claims, obtained dismissal of the action following motion practice.
• Representing mayor of a municipality, won summary judgment upholding appointment of public officers despite residency challenge.
• Representing an Industrial Development Agency in a proceeding alleging violations of the Freedom of Information Law, obtained successful dismissal of the petition.
• Representing a Harlem-based not-for-profit corporation in multiple breach of lease actions, obtained a favorable consolidated settlement that saved the organization over $300,000.
• Representing a Bronx-based private educational institution in litigation asserting breach of contract and negligence, won a motion to dismiss the action.
• Representing a private equity firm and joint venture partner in expedited bankruptcy litigation over their termination of a billion-dollar hotel purchase agreement, resulting in a favorable settlement of the matter that included a reduction in the purchase price by approximately $100 million.
• Representing a UK-based public corporation in a corporate raiding and unfair competition action and related arbitration, resulting in a multimillion-dollar consolidated arbitration award and a $100 million settlement achieved during jury deliberations.
• Representing a former CFO of a public company in a four-month securities fraud class action jury trial, resulting in a no-liability verdict.
• Representing a private investment vehicle and its independent directors in an SEC civil enforcement action, resulting in a favorable settlement.
• Representative Pro bono Matters
• Representing class of indigent defendants, together with the New York Civil Liberties Union, in action against the State of New York and five upstate counties, resulting in a historic settlement requiring the state to adopt major reforms to the indigent defense system.
• Representing amicus curiae in connection with appellate brief in support of post-conviction DNA testing of an inmate who served 20 years into a life sentence in Louisiana but claimed DNA testing would exonerate him, request granted.
• Representing the Lawyers’ Committee for Civil Rights Under the Law in connection with extensive research and analysis of New York State’s voter purge practices.
• Recent Decisions
• Estate of Del Terzo v. 33 Fifth Ave. Owners Corp., 28 N.Y.3d 1114 (2016)
• Lockwood v. City of Yonkers, No. 2018-08506, 2020 WL 88947 (2d Dep’t Jan. 8, 2020)
• Abramson v. Hasson, 177 A.D.3d 869 (2d Dep’t 2019)
• City of Long Beach v. Sun NLF Ltd. P'ship, 172 A.D.3d 1061 (2d Dep’t 2019)
• Porcari v. Griffith, 169 A.D.3d 729 (2d Dep’t 2019)
• LTTR Home Care, LLC v. City of Mount Vernon Indus. Dev. Agency, No. 17-CV-9885 (KMK), 2019 WL 4274375, at *1 (S.D.N.Y. Sept. 10, 2019)

Publications

• “Looking Toward 2022: A Legal Year-end Review for Companies and Nonprofits,” Westchester County Business Journal (December 21, 2021).
• “The New York SHIELD Act – The Top 5 Things You Need to Know,” SBJ Nonprofit Update, March 2020
• “The Johnson Amendment Finds Refuge under New York Law,” SBJ Nonprofit Update, October 2019
• “Document Discovery,” Commercial Litigation in New York State Courts (Thomson West and the New York County Lawyers’ Association), 2015 (contributor).
• “Legal and Regulatory Matters,” The International Comparative Guide to: Private Equity 2015 (Global Legal Group), July 2015 (contributor).
• “Which State Wants to Pierce Your Veil? Private Equity and the Perils of Alter Ego Liability, Part III,” BNA Securities Regulation & Law Report, Dec. 14, 2014 (co-author).
• “I Am Not My Sister’s Keeper: Private Equity and the Perils of Alter Ego Liability, Part II,” BNA Securities Regulation & Law Report, Oct. 14, 2013 (co-author).
• “My Portfolio Company Did What?! Private Equity and the Perils of Alter Ego Liability,” BNA Securities Regulation & Law Report, Alternative Investment Law Report and Mergers & Acquisitions Law Report, Aug. 15, 2011 (co-author).
• “Document Discovery,” Commercial Litigation in New York State Courts (Thomson West and the New York County Lawyers’ Association), 2009 update (contributor).

Speaking Engagements

• “Cancelling an Event Due to the Coronavirus? Know Your Contract Rights,” New York Council of Nonprofits, April 2020
• “Effective Strategies in Litigating Fiduciary Duty Claims: What You Need to Know,” The Knowledge Group, October 2019

• New York State Bar Association Honoree for Pro Bono Service

• American Bar Association
• International Association of Privacy Professionals
• New York City Bar Association
• New York State Bar Association
• Not-for-Profit Law Committee
• Metropolitan Black Bar Association
• New York Council of Nonprofits
• Rockland County Women’s Bar Association
• Westchester County Bar Association