Arent Fox
ATTORNEY BIO
Nancy S. Heermans

Nancy S. Heermans
November 11, 2011
  • Partner
  • Washington, DC
202.775.5722
nancy.heermans@arentfox.com

Nancy S. Heermans is a partner in Arent Fox’s litigation practice. She has extensive experience representing employers and fiduciaries in all matters involving Titles I and IV of ERISA as well as in representing management in labor and employment matters. Nancy has been involved in a wide variety of litigation cases, including class actions and arbitrations, and in numerous bankruptcy proceedings. She also has handled a large number of appellate cases in federal appeals courts.

Because of her unusual background in employee benefits law and bankruptcy, Nancy has participated in several panels discussing the interface between these two disciplines under the auspices of groups such as the American Bankruptcy Institute (ABI) and the Association of Insolvency and Restructuring Advisors. She was co-editor of the ABI Pension Manual, which was published in 2006.

Client Work

Reported Decisions

The following is a representative sample of some of the reported cases that Nancy has handled.

US Court of Appeals Decisions

  • Bunch v. W. R. Grace & Co., 555 F.3d 1 (1st Cir. 2009)
  • PBGC v. United Airlines, Inc., 2007 WL 57271 (4th Cir. Jan. 09, 2007)
  • Coleman v. PBGC, 469 F.3d 1061 (D.C. Cir. 2006)
  • Boivin v. U.S. Airways, Inc., 446 F.3d 148 (D.C. Cir. 2006)
  • PBGC v. White Consolidated Industries, Inc., 215 F.3d 407 (3d Cir. 2000)
  • Power v. Federal Labor Relations Authority, 146 F.3d 995 (D.C. Cir. 1998)
  • Dycus v. PBGC, 133 F.3d 1367 (10th Cir. 1998)
  • Shanbaum v. U.S., 32 F.3d 180 (5th Cir. 1994)
  • PBGC v. White Consolidated Industries, Inc., 998 F.2d 1192 (3d Cir. 1993), cert. denied, 510 U.S. 1042 (1994)
  • Pension Committee for Farmstead Foods Pension Plan v. PBGC, 991 F.2d 1415 (8th Cir. 1993)
  • Central States, Southeast and Southwest Areas Pension Fund v. Slotky, 956 F.2d 1369 (7th Cir. 1992) (amicus)
  • Demisay v. Local 144 Nursing Home Pension Fund, 935 F.2d 528 (2d Cir. 1991) (amicus)
  • Brentwood Financial Corp. v. Western Conference of Teamsters Pension Trust Fund, 902 F.2d 1456 (9th Cir. 1990) (amicus)

​US District Court Decisions

  • Bunch v. W. R. Grace & Co., 532 F. Supp. 2d 283 (D. Mass. 2008)
  • Evans v. Akers, 466 F.Supp.2d 371 (D. Mass. 2006)
  • PBGC v. United Air Lines, Inc., 436 F.Supp.2d 909 (N.D. Ill. 2006)
  • In re United Air Lines, Inc., 2006 WL 305770 ((N.D. Ill Feb. 2, 2006)
  • Coleman v. PBGC, 2005 WL 5534139 (D.D.C. Nov. 28, 2005), also 92 F.Supp.2d 18 (D.D.C. 2000), also 196 F.R.D. 193 (D.D.C. 2000)
  • PBGC v. White Consolidated Industries, Inc., 72 F.Supp.2d 547 (W.D. Pa. 1991), also 1999 WL 680185 (W.D. Pa. July 21, 1999)
  • Cunningham v. PBGC, 1999 WL 455725 (N.D. Ohio, June 29, 1999)
  • In re Ionosphere Clubs, Inc. (Eastern Airlines), 1992 WL 174308 (July 22, 1992)
  • Pension Committee for Farmstead Foods Pension Plan v. PBGC, 778 F. Supp. 1020 (D. Minn. 1991)
  • Connors v. Peles Coal Co., Inc., 637 F. Supp. 321 (D.D.C. 1986)

US Bankruptcy Court Decisions

  • In re UAL Corp., 2005 WL 2840266 (Bankr. N.D. Ill. Oct. 26, 2005), also 2005 WL 2952168 (Bankr. N.D. Ill. Oct. 26, 2005), also 2005 WL 2952351 (Bankr. N.D. Ill. Oct. 26, 2005)
  • In re Philip Services Corp., 2004 WL 302309 (Bankr. S.D. Tex. Feb. 3, 2004)
  • In re Ionosphere Clubs, Inc. (Eastern Airlines), 147 B.R. 855 (Bankr. S.D.N.Y. 1992)
  • In re Doskocil Companies, Inc. (Wilson Foods), 130 B.R. 858 (Bankr. D. Kan. 1991)

Previous Work

Prior to rejoining Arent Fox, Nancy was the associate chief counsel for litigation at the Pension Benefit Guaranty Corporation (PBGC), the federal corporation that insures the pensions of American workers and retirees. As associate chief, she was primarily responsible for the agency’s complex litigation in all federal courts. Her work included representing the agency in large bankruptcies such as United Airlines, Enron, US Airways and Raytech, as well as in other litigation involving issues such as pension fraud (PBGC v. White Consolidated Industries) and alleged breaches of fiduciary duties (Coleman v. PBGC).

Upon graduating from law school, Nancy clerked for Hon. J. William Copeland of the North Carolina Supreme Court.

Publications, Presentations and Recognitions

Publications include:

  • “The Supreme Court’s Cigna v. Amara Decision: Surprises and Curiosities,” BNA Tax Management Compensation Planning Journal, August 5, 2011.

Bar and Court Admissions

  • District of Columbia Bar
  • North Carolina Bar
  • US Court of Appeals, District of Columbia Circuit
  • US Court of Appeals, 1st Circuit
  • US Court of Appeals, 4th Circuit
  • US Court of Appeals, 9th Circuit
  • US Court of Appeals, 2nd Circuit
  • US Court of Appeals, 10th Circuit
  • US Court of Appeals, 3rd Circuit

Education

University of North Carolina at Chapel Hill
, JD
  ( high honors, Order of the Coif, member of the North Carolina Law Review, member of the National Moot Court Team, Order of the Barristers )
University of North Carolina, Greensboro
, BA
  ( high honors )

Practices

  • Bankruptcy & Financial Restructuring
  • Commercial Litigation
  • ERISA
  • Labor & Employment

Areas of Focus

  • Bankruptcy & Strategic Litigation
  • Employment Litigation
  • ERISA
  • ERISA Litigation
  • Awards & Recognitions

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