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Sally is a partner in the litigation department. In addition to her broad experience in commercial litigation and business disputes, Sally has expertise in regulatory and administrative areas of the law which require compliance with agency directives and oversight; responding to administrative inquiries, investigations and enforcement actions; and litigating in arbitration or to trial and appeal in state or federal court. Sally focuses her practice particularly on the securities, employee benefits and health care areas. She also has significant experience in First Amendment law and legal and strategic issues involving the media; professional licensing matters; and employment disputes. Prior to joining the firm, Sally served as a law clerk from 1995-1996 to the Honorable Sam J. Ervin, III, then-Chief Judge of the United States Court of Appeals for the Fourth Circuit.
Representative Matters
Represented broker-dealers and registered representatives in arbitrations brought by customers before the National Association of Securities Dealers and New York Stock Exchange, including matters brought to favorable resolution through mediation as well as multiple matters in which claims were dismissed following arbitration hearings.
Advised securities firms, employers, health care entities, and other kinds of companies regarding their obligations of disclosure and cooperation in connection with agency or third-party investigations, including risk management and positioning to avoid further legal action.
Advised employee benefit plan sponsor regarding administrative treatment of benefits claim in which subsequent litigation was avoided.
Defended employee benefit plan sponsor in connection with claims of breach of fiduciary duty arising from plan administration.
Represented private equity funds in connection with claims raised by minority LLC member arising from sale of company; virtually all claims were dismissed by the North Carolina Business Court.
Publications, Presentations and Awards
"On the Rise: 401(k) Plan Fee Litigation," ABA Health eSource, June 2007
"Business Litigation Forum," Mecklenburg County Bar Civil Litigation Section, Program Chair and Presenter, February 2006
North Carolina Super Lawyers, Business Litigation, 2006
ERISA Litigation, Contributing Editor and author of chapter titled "Attorney Client Privilege and Work Product Doctrine" (2d ed: 2005)
Featured in North Carolina Lawyers Weekly, "Up and Coming Lawyers: Sally Higgins: Orchestrating The Good Fight," August 2004
"2004 Outstanding Recent Graduate Award," University of North Carolina School of Law
"Women in Business Achievement Award," award from Charlotte Business Journal, 2004
"Federal Civil Practice" chapter, North Carolina Bar Association's General Practice Deskbook (3d ed. 2004), co-authored with Kiran Mehta and Jason Barron
"40 Under 40" award from Charlotte Business Journal for outstanding achievements in both business and community involvement, 2003
Professional, Civic and Community Involvement
Professional: American Bar Association, Employee Benefits Committee and Civil Procedure Subcommittee, 2001-present
Chief Justice William H. Bobbitt American Inn of Court, 1999-2003
Mecklenburg County Bar, Vice President, 2003-2005; Board of Directors, 2001-2005; Bar Leadership Institute, 2002; Lawyers Teaching Justice, Chair, 2001; Co-Chair Civil Litigation Section 2005-2006; Mecklenburg Bar Revue, 1999, 2002, 2004, 2007
Community School of the Arts, Board of Directors, 2004-present; Executive Committee, 2006-present
Cotswold School Leadership Team, 2001-2004, President 2003-2004
Women Presidents Organization, 2005-present. | 