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William W. Fagan III

Of Counsel

Will Fagan counsels clients on mergers, acquisitions, and other complex commercial transactions, as well as serving in the role of de facto in-house counsel for business owners.

Professional Biography


Mr. Fagan is a member of the Corporate Group in Baker Donelson's Atlanta office. His practice focuses on mergers and acquisitions and other complex business transactions, regulatory compliance, corporate governance and securities, as well as general business counsel and providing legal management services to clients.

Prior to joining Baker Donelson, Mr. Fagan served as general counsel and corporate secretary for one of the largest privately held risk management and insurance agencies in the U.S. His extensive in-house experience also includes his work as senior corporate counsel and claims counsel for a national mutual insurer of physicians, hospitals, and health care facilities, where he advised executives and senior management on policy developments and regulatory issues and directed and provided legal counsel in complex business transactions, including the acquisition of another mutual insurance company. While in-house, he regularly drafted, reviewed, and negotiated complex commercial contracts, including employment agreements, leases, service provider agreements, and vendor contracts.

Relying on his extensive experience, Mr. Fagan also serves as a trusted advisor to business clients, providing personalized and strategic business advice on a variety of day-to-day legal issues, as well as consulting on internal investigations, complex corporate deals, and litigation and claims management.

Mr. Fagan's private practice experience as a litigator includes defending matters involving securities and shareholder derivative class actions, real estate finance, medical malpractice, and white collar crime.

Mr. Fagan served as a law clerk to Federal Judge Orinda D. Evans of the U.S. District Court for the Northern District of Georgia.

  • Developed the legal department for the largest privately held risk management and insurance brokerage firm in the Southeast, advising on all legal aspects of mergers/acquisitions, office expansions, and commercial real estate issues.

  • Served as internal claims counsel for a national medical professional liability insurance carrier.

  • Obtained multiple full dismissals of licensing board investigations against physicians and other medical professionals.

  • Repeatedly secured favorable outcomes in early stages of litigation.

  • Successfully advised insurance clients on complex merger and expansion deals.

  • Directed and managed outside counsel on complex litigation, including bad faith actions, at both trial and appellate levels.

  • Advised on a variety of business issues, including internal company policies, agreements and service contracts, leases, and service provider and vendor contracts.

  • Georgia State Senate "Cost of Doing Business in Georgia" Study Committee, Member (2019)
  • State Bar of Georgia
    • Advisory Committee on Legislation (2019 – present)
    • Insurance Committee (2015 – present)
    • Young Lawyers Division
      • Executive Council (2013 – 2016)
      • Legislative Affairs Committee, Co-Chair (2014 – 2016)
      • Leadership Academy (Class of 2014)
  • Association of Corporate Counsel, Georgia Chapter
    • Board of Directors (2016 – 2019)
  • Soaring Owls Foundation (SoFi), Volunteer Board Member – supporting Bolton Academy (Atlanta Public Schools)
  • First Presbyterian Church of Atlanta, working on the Epiphany project, a social entrepreneurship initiative created to promote individual economic empowerment in target audiences
  • "A Promising Future for Public-Private Partnerships in Georgia," Fulton County Daily Report (July 2015)
  • "A Bridge To Somewhere: Public Private Partnerships and America's Infrastructure Dilemma," CFMA Building Profits (November/December 2014)
  • "Chapter 20: Dismissals," Florida Civil Practice Before Trial, The Florida Bar Continuing Legal Education (2014)
  • "Public-Private Partnerships: The Future in Georgia," Construction Financial Management Association, Georgia Construction Finance Conference, Atlanta, Georgia (May 2015)
  • Presenter – "Georgia Business Court: A Historical Overview and Pending Initiatives," 33rd Annual Business Law Institute, State Bar of Georgia, Institute of Continuing Legal Education (ICLE), Atlanta, Georgia (October 2014)
  • Co-presenter – "Conducting Internal Investigations in the Shadow of 'Active' Law Enforcement," State Bar of Georgia ICLE (October 2014)
  • "The New Georgia Uniform Electronic Transactions Act: Content & Implications," State Bar of Georgia ICLE (2009)

Education

  • Washington & Lee University School of Law, J.D., 2006
  • Duke University, B.A. in Economics and B.A. in History, 2003

Admissions

  • Georgia, 2008
  • Florida, 2007
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Georgia
  • Supreme Court of Georgia
  • Georgia Court of Appeals

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