Nancy Sims

Nancy Nguyen Sims

Partner
Baker & McKenzie LLP

Biography

Nancy is a partner in our Firm's North America Litigation and Government Enforcement Group and is based in our Los Angeles office.

Practice Focus

Nancy is a commercial litigator focusing on class actions, complex business disputes, and investigations. Her previous experience includes representing clients in commercial matters based on contract claims, unfair competition, false advertising, privacy law violations, fraud and related business torts in both court litigation and arbitration. In particular, Nancy's litigation practice involves defending class actions in the consumer, franchise, privacy, insurance, and labor and employment spaces. Nancy also has significant experience representing franchisors in disputes with franchisees involving joint employer allegations, misclassification claims, and contract claims. She has represented clients in putative class actions and other litigation with a combined exposure of over USD 1 billion.

In addition, Nancy also has extensive experience conducting corporate internal investigations and government investigations, including those implicating the Foreign Corrupt Practices Act and UK Bribery Act.

Nancy is co-chair of the Firm’s Class Actions Group. She also serves as co-hiring partner for the West Coast offices, as well as a member of the Firm’s North America Inclusion Diversity and Equity Committee.

Nancy also previously served as a full-time judicial extern to the Honorable Steven Reinhardt of the US Court of Appeals for the Ninth Circuit.

Representative Legal Matters

  • On behalf of a nationwide franchisor, litigated the enforceability of an arbitration agreement to the United States Supreme Court.

  • Defended a Fortune 5 retailer in a USD 100 million dispute based on contract and fraud-based claims, resulting in a motion to dismiss for forum non-conveniens.

  • Defended a global franchisor of convenience stores in multiple actions involving joint employer allegations, successfully obtaining dismissals of actions.

  • Defend a global electronics manufacturer in multiple class actions for false advertising based of product labeling and specifications, including successfully enforcing an arbitration agreement against a consumer.

  • Defend companies across various industries in both class actions and individual actions alleging violations of the California Invasion of Privacy Act (CIPA), California Consumer Protection Act (CCPA), and the federal Video Privacy Protection Act (VPPA).

  • Defended a national cleaning franchisor in a class action alleging wage and hour violations, unfair competition and false advertising, resulting in favorable settlement for the client.

  • Defend a multinational food company in multiple class actions for false advertising based on product labels.

  • Defended a major automobile insurance carrier in multiple class action lawsuits challenging its practice of relying on labor rate surveys and prevailed by obtaining an order denying class certification, which was affirmed by the California Court of Appeal.

  • Defended a national homebuilder in a class action alleging unfair competition, false advertising and fraud claims based on purportedly improper advertising and mortgage practices, resulting in a successful motion to dismiss granted with prejudice and affirmed by the Ninth Circuit.

  • Two of the largest US car rental companies in multiple consumer class actions alleging non-disclosure of certain fees assessed in connection with rentals in violation of unfair competition and false advertising laws. Prevailed on a demurrer sustained with prejudice, which was affirmed by the California Court of Appeal.

  • Defended a national restaurant franchisor in a class action lawsuit alleging violation of the California Franchise Investment Law, breach of contract, and fraud.

  • Represented a global pharmaceutical company in multiple internal investigations across various jurisdictions in Asia, Europe and the Middle East.

Professional Associations and Memberships

  • American Bar Association
  • Los Angeles County Bar Association

Admissions

  • California~United States

Education

  • University of California, College of the Law, San Francisco (formerly University of California, Hastings College of the Law) (J.D.)
  • University of Southern California (B.A.)

Languages

  • English
  • Vietnamese

Presentations

Nancy is often invited to speak. Among others, she has presented on the following topics:

  • “Latest Developments in Class Certification,” Bridgeport Legal Education, September 2022
  • “Protecting the Privilege: Best Practices for Establishing & Maintaining In-House Attorney-Client Privilege,” Association of Corporate Counsel, August 2022
  • "Class Actions 2020: State vs. Federal Filing Considerations," Bridgeport Legal Education, September 2020
  • "Consumer Class Action Litigation: Tips & Strategies for Your Firm in 2020 and Beyond," The Knowledge Group, September 2020
  • "Dealing with FCPA and Other Investigations Under the New Normal," FDA News, June 2020
  • "COVID-19 – Legal considerations for restarting a franchise system," DLA Piper, 4 May 2020
  • "Notable Recent & Pending Cases in the 9th Circuit and SCOTUS," Bridgepoint Legal Education, May 2019
  • "Class Actions: Data Privacy & Security Breach Case Law Trends," ACI's Data Breach & Privacy Litigation and Enforcement Conference, March 2016