William H. Latham

Partner

Meridian
1320 Main Street
17th Floor
Columbia, SC 29201

T 803.255.9533

bill.latham@nelsonmullins.com

Bill is a technology-savvy trial lawyer with more than 27 years of commercial litigation experience focusing on class action defense, franchise and distribution system litigation, Telephone Consumer Protection Act (“TCPA”) defense and defending/prosecuting false advertising claims.

Bill is certified as a Circuit Court mediator and arbitrator by the South Carolina Supreme Court's Board of Arbitrator and Mediator Certification. He is also on the roster of approved mediators of the United States District Court for the District of South Carolina.

Certification. He is also on the roster of approved mediators of the United States District Court for the District of South Carolina.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

Experience defending clients against class action claims in (e.g., RICO, TCPA, JFPA, “economic loss”, consumer fraud, products, data breach) state and federal courts throughout the country, including multidistrict litigation
Complex commercial litigation experience
Has represented major motor vehicle manufacturers and national franchisors in distribution system disputes throughout the country
Experienced insurance coverage counsel
Has represented clients in proceedings before the National Advertising Division ("NAD") of the Better Business Bureau
Certified mediator experienced in resolving disputes in mediation
Speaks and writes regularly on class action developments, data security, ADR, and law practice technology issues

Representative Matters

Represent consumer products manufacturer in "no injury" putative class action pending in USDC N.D. CA (Pending)
Represent medical services company in TCPA putative class action pending in USDC NJ (Pending)
Represent business jet manufacturer in commercial litigation with customer pending in Arizona state court (Pending)
Represent financial services company in TCPA and JFPA putative class action in USDC SC (Pending)
Represent leasing company in TCPA litigation pending in USDC N.D. Ga (2017)
Represent county government in NC for response to data breach (2016)
Represent national manufacturer of consumer goods in putative class action pending in USDC N.D. Ohio (2017)
Represent material supplier in termination and payment dispute with distributor in AAA large complex case arbitration in Columbia, SC (2015)
Defend TCPA putative class action brought against retail point of sale system provider in the USDC SC (2016)
Defend TCPA putative class action brought against major insurance company in the USDC SC (Motion to Dismiss Granted 2015)
Co-managed data breach response for cloud storage provider; obtained insurance coverage despite arguable limitations in policy; provided confidence building-due diligence to provide customers with confidence in client systems (2014)
Represent national manufacturer of consumer goods in putative class action pending in Florida state court. Trial court denied motion for class certification; affirmed on appeal (2014)
Member of data breach rapid reaction team that managed breach response of payment processor having compromised security of customer financial data; assisted in coordination of on-site forensic investigation and client notification; took actions to minimize litigation exposure and developed plan to pursue first party insurance coverage for breach response expenses (2013)
Represented national franchisor in putative class action pending in the United States District Court for South Carolina. Motion for class certification denied. Individual claims settled (2013)
In conjunction with intellectual property colleagues, represent prenatal nutrient manufacturer in opposing competitor's motion for preliminary injunction filed in the United States District Court for the District of New Jersey. After three-day evidentiary hearing motion for preliminary injunction denied; case then settled
Represented Class 8 truck manufacturer in dealer-related litigation in South Carolina state court; after summary judgment granted in part, case settled
Represented national consumer product manufacturer in defending and pursuing deceptive advertising claim against competitor in Massachusetts federal court; opposing party's motion for preliminary injunction denied (2012)
Represented national consumer product manufacturer located in Michigan in pursuing deceptive advertising claim against competitor before the National Advertising Division ("NAD") of the Better Business Bureau in New York, New York; client prevailed (2012)
As part of a virtual law firm team, represented automobile manufacturer in alleged "no injury" product defect multi-district litigation (MDL) pending in California federal court
Represent automobile manufacturer in a putative consumer class action (alleged product defect) filed in California state court (Pending).
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Federal Court in California. Class certification denied and case dismissed
Represented two national consumer products manufacturers in separate putative class actions (alleged breach of express warranty based on alleged misrepresentations) filed in Alabama Federal Court; motions to dismiss granted
Defended national consumer product manufacturer in deceptive advertising claim filed before the NAD of the Better Business Bureau
Defended national consumer product manufacturer in Lanham Act injunction action in Michigan Federal Court (2011)
Enforced heavy duty truck manufacturer's right of first refusal related to sale of franchise location by dealer through litigation in Georgia state court (2010)
Conducted bank internal investigation with findings (2010)
Represented consumer products manufacturer in product liability putative class action filed in the USDC for South Carolina, related to infant care product (alleged breach of express warranty based on alleged misrepresentations) (2010)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in Georgia (2009)
Represented industrial manufacturer in Federal Court in Detroit, Michigan, in litigation related to distributor termination (2009)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in South Carolina (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Florida (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Arkansas (2008)
Represented multistate heavy equipment distributor in dealer termination litigation in Mississippi (2007)
Represented Class 8 truck manufacturer in dealer termination litigation in South Carolina where claims were in excess of $10 million (2007)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in South Carolina (2006)
Represented automobile manufacturer in dealer termination protest filed in Maryland. Negotiated favorable settlement, which eventually resulted in voluntary termination of dealer (2006)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in Maryland (2004)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in North Carolina (2004)
Represented national retailer in pharmacy related putative consumer class action in South Carolina (2004)
Represented class of small business plaintiffs against major automotive battery manufacturer; obtained 8 figure settlement for class (2002)

Education

University of North Carolina School of Law, JD, with honors (1992)
- Member of the editorial board of the North Carolina Journal of International Law and Commercial Regulation
University of North Carolina at Chapel Hill, BS, Administration of Justice and Political Science (1985)

Admissions

South Carolina
North Carolina
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the District of South Carolina
U.S. District Court for the Eastern District of North Carolina
U.S. District Court for the Middle District of North Carolina
U.S. District Court for the Western District of North Carolina
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan

Certifications

Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals
Certified Circuit Court Mediator, South Carolina
Certified Circuit Court Arbitrator, South Carolina

Practice Areas

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

Experience defending clients against class action claims in (e.g., RICO, TCPA, JFPA, “economic loss”, consumer fraud, products, data breach) state and federal courts throughout the country, including multidistrict litigation
Complex commercial litigation experience
Has represented major motor vehicle manufacturers and national franchisors in distribution system disputes throughout the country
Experienced insurance coverage counsel
Has represented clients in proceedings before the National Advertising Division ("NAD") of the Better Business Bureau
Certified mediator experienced in resolving disputes in mediation
Speaks and writes regularly on class action developments, data security, ADR, and law practice technology issues

Representative Matters

Represent consumer products manufacturer in "no injury" putative class action pending in USDC N.D. CA (Pending)
Represent medical services company in TCPA putative class action pending in USDC NJ (Pending)
Represent business jet manufacturer in commercial litigation with customer pending in Arizona state court (Pending)
Represent financial services company in TCPA and JFPA putative class action in USDC SC (Pending)
Represent leasing company in TCPA litigation pending in USDC N.D. Ga (2017)
Represent county government in NC for response to data breach (2016)
Represent national manufacturer of consumer goods in putative class action pending in USDC N.D. Ohio (2017)
Represent material supplier in termination and payment dispute with distributor in AAA large complex case arbitration in Columbia, SC (2015)
Defend TCPA putative class action brought against retail point of sale system provider in the USDC SC (2016)
Defend TCPA putative class action brought against major insurance company in the USDC SC (Motion to Dismiss Granted 2015)
Co-managed data breach response for cloud storage provider; obtained insurance coverage despite arguable limitations in policy; provided confidence building-due diligence to provide customers with confidence in client systems (2014)
Represent national manufacturer of consumer goods in putative class action pending in Florida state court. Trial court denied motion for class certification; affirmed on appeal (2014)
Member of data breach rapid reaction team that managed breach response of payment processor having compromised security of customer financial data; assisted in coordination of on-site forensic investigation and client notification; took actions to minimize litigation exposure and developed plan to pursue first party insurance coverage for breach response expenses (2013)
Represented national franchisor in putative class action pending in the United States District Court for South Carolina. Motion for class certification denied. Individual claims settled (2013)
In conjunction with intellectual property colleagues, represent prenatal nutrient manufacturer in opposing competitor's motion for preliminary injunction filed in the United States District Court for the District of New Jersey. After three-day evidentiary hearing motion for preliminary injunction denied; case then settled
Represented Class 8 truck manufacturer in dealer-related litigation in South Carolina state court; after summary judgment granted in part, case settled
Represented national consumer product manufacturer in defending and pursuing deceptive advertising claim against competitor in Massachusetts federal court; opposing party's motion for preliminary injunction denied (2012)
Represented national consumer product manufacturer located in Michigan in pursuing deceptive advertising claim against competitor before the National Advertising Division ("NAD") of the Better Business Bureau in New York, New York; client prevailed (2012)
As part of a virtual law firm team, represented automobile manufacturer in alleged "no injury" product defect multi-district litigation (MDL) pending in California federal court
Represent automobile manufacturer in a putative consumer class action (alleged product defect) filed in California state court (Pending).
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Federal Court in California. Class certification denied and case dismissed
Represented two national consumer products manufacturers in separate putative class actions (alleged breach of express warranty based on alleged misrepresentations) filed in Alabama Federal Court; motions to dismiss granted
Defended national consumer product manufacturer in deceptive advertising claim filed before the NAD of the Better Business Bureau
Defended national consumer product manufacturer in Lanham Act injunction action in Michigan Federal Court (2011)
Enforced heavy duty truck manufacturer's right of first refusal related to sale of franchise location by dealer through litigation in Georgia state court (2010)
Conducted bank internal investigation with findings (2010)
Represented consumer products manufacturer in product liability putative class action filed in the USDC for South Carolina, related to infant care product (alleged breach of express warranty based on alleged misrepresentations) (2010)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in Georgia (2009)
Represented industrial manufacturer in Federal Court in Detroit, Michigan, in litigation related to distributor termination (2009)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in South Carolina (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Florida (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Arkansas (2008)
Represented multistate heavy equipment distributor in dealer termination litigation in Mississippi (2007)
Represented Class 8 truck manufacturer in dealer termination litigation in South Carolina where claims were in excess of $10 million (2007)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in South Carolina (2006)
Represented automobile manufacturer in dealer termination protest filed in Maryland. Negotiated favorable settlement, which eventually resulted in voluntary termination of dealer (2006)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in Maryland (2004)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in North Carolina (2004)
Represented national retailer in pharmacy related putative consumer class action in South Carolina (2004)
Represented class of small business plaintiffs against major automotive battery manufacturer; obtained 8 figure settlement for class (2002)

Media

Visit Idea Exchange

Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

S.C. Supreme Court Pro Bono Honor Roll (2019)
Peer review rated AV by Martindale Hubbell
Recipient of Claude M. Scarborough Pro Bono Award

Professional Activities

South Carolina Bar
Richland County Bar Association
State Bar of North Carolina
American Bar Association
ABA Forum on Franchising
ABA Section of Antitrust Law
ABA Business Law Section
ABA Dispute Resolution Section
Defense Research Institute Business Litigation Committee
Rotary International
SC Bar Dispute Resolution Section

Leadership

Served as president of the Rotary Club of Five Points (Columbia, SC) (2012-2013)
Served as an elected delegate to the S.C. Bar Convention

Military

Served on active duty as a commissioned officer in the United States Marine Corps from 1985-1989, obtaining the rank of captain

Overview

Bill is certified as a Circuit Court mediator and arbitrator by the South Carolina Supreme Court's Board of Arbitrator and Mediator... Certification. He is also on the roster of approved mediators of the United States District Court for the District of South Carolina.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

Experience defending clients against class action claims in (e.g., RICO, TCPA, JFPA, “economic loss”, consumer fraud, products, data breach) state and federal courts throughout the country, including multidistrict litigation
Complex commercial litigation experience
Has represented major motor vehicle manufacturers and national franchisors in distribution system disputes throughout the country
Experienced insurance coverage counsel
Has represented clients in proceedings before the National Advertising Division ("NAD") of the Better Business Bureau
Certified mediator experienced in resolving disputes in mediation
Speaks and writes regularly on class action developments, data security, ADR, and law practice technology issues

Representative Matters

Represent consumer products manufacturer in "no injury" putative class action pending in USDC N.D. CA (Pending)
Represent medical services company in TCPA putative class action pending in USDC NJ (Pending)
Represent business jet manufacturer in commercial litigation with customer pending in Arizona state court (Pending)
Represent financial services company in TCPA and JFPA putative class action in USDC SC (Pending)
Represent leasing company in TCPA litigation pending in USDC N.D. Ga (2017)
Represent county government in NC for response to data breach (2016)
Represent national manufacturer of consumer goods in putative class action pending in USDC N.D. Ohio (2017)
Represent material supplier in termination and payment dispute with distributor in AAA large complex case arbitration in Columbia, SC (2015)
Defend TCPA putative class action brought against retail point of sale system provider in the USDC SC (2016)
Defend TCPA putative class action brought against major insurance company in the USDC SC (Motion to Dismiss Granted 2015)
Co-managed data breach response for cloud storage provider; obtained insurance coverage despite arguable limitations in policy; provided confidence building-due diligence to provide customers with confidence in client systems (2014)
Represent national manufacturer of consumer goods in putative class action pending in Florida state court. Trial court denied motion for class certification; affirmed on appeal (2014)
Member of data breach rapid reaction team that managed breach response of payment processor having compromised security of customer financial data; assisted in coordination of on-site forensic investigation and client notification; took actions to minimize litigation exposure and developed plan to pursue first party insurance coverage for breach response expenses (2013)
Represented national franchisor in putative class action pending in the United States District Court for South Carolina. Motion for class certification denied. Individual claims settled (2013)
In conjunction with intellectual property colleagues, represent prenatal nutrient manufacturer in opposing competitor's motion for preliminary injunction filed in the United States District Court for the District of New Jersey. After three-day evidentiary hearing motion for preliminary injunction denied; case then settled
Represented Class 8 truck manufacturer in dealer-related litigation in South Carolina state court; after summary judgment granted in part, case settled
Represented national consumer product manufacturer in defending and pursuing deceptive advertising claim against competitor in Massachusetts federal court; opposing party's motion for preliminary injunction denied (2012)
Represented national consumer product manufacturer located in Michigan in pursuing deceptive advertising claim against competitor before the National Advertising Division ("NAD") of the Better Business Bureau in New York, New York; client prevailed (2012)
As part of a virtual law firm team, represented automobile manufacturer in alleged "no injury" product defect multi-district litigation (MDL) pending in California federal court
Represent automobile manufacturer in a putative consumer class action (alleged product defect) filed in California state court (Pending).
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Federal Court in California. Class certification denied and case dismissed
Represented two national consumer products manufacturers in separate putative class actions (alleged breach of express warranty based on alleged misrepresentations) filed in Alabama Federal Court; motions to dismiss granted
Defended national consumer product manufacturer in deceptive advertising claim filed before the NAD of the Better Business Bureau
Defended national consumer product manufacturer in Lanham Act injunction action in Michigan Federal Court (2011)
Enforced heavy duty truck manufacturer's right of first refusal related to sale of franchise location by dealer through litigation in Georgia state court (2010)
Conducted bank internal investigation with findings (2010)
Represented consumer products manufacturer in product liability putative class action filed in the USDC for South Carolina, related to infant care product (alleged breach of express warranty based on alleged misrepresentations) (2010)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in Georgia (2009)
Represented industrial manufacturer in Federal Court in Detroit, Michigan, in litigation related to distributor termination (2009)
Represented consumer products manufacturer in putative class action (alleged product defect) filed in South Carolina (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Florida (2008)
Represented automobile manufacturer in a putative consumer class action (alleged product defect) filed in Arkansas (2008)
Represented multistate heavy equipment distributor in dealer termination litigation in Mississippi (2007)
Represented Class 8 truck manufacturer in dealer termination litigation in South Carolina where claims were in excess of $10 million (2007)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in South Carolina (2006)
Represented automobile manufacturer in dealer termination protest filed in Maryland. Negotiated favorable settlement, which eventually resulted in voluntary termination of dealer (2006)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in Maryland (2004)
Represented manufactured home manufacturer in a putative consumer class action (no injury defect) filed in North Carolina (2004)
Represented national retailer in pharmacy related putative consumer class action in South Carolina (2004)
Represented class of small business plaintiffs against major automotive battery manufacturer; obtained 8 figure settlement for class (2002)

Education

University of North Carolina School of Law, JD, with honors (1992)
- Member of the editorial board of the North Carolina Journal of International Law and Commercial Regulation
University of North Carolina at Chapel Hill, BS, Administration of Justice and Political Science (1985)