They’ve Got Next: The 40 Under 40 - Nakimuli Davis-Primer of Baker Donelson

Please describe two of your most substantial, recent wins in practice.
As a first-year associate, I was on a team defending a poultry processor client against a discrimination suit filed by the Equal Employment Opportunity Commission on behalf of over 100 claimants and 10 individual plaintiffs. After almost a decade of countless motions and discovery disputes, dozens of two-day depositions with multiple translators, a Fifth Circuit interlocutory appeal and oral argument, we resolved the case. I was fortunate to play a key role throughout the litigation including by drafting briefs, formulating legal arguments on novel issues, and drafting settlement agreements and key terms of the consent decree, which ended July 2021. The skills I developed during this case helped me successfully resolve many subsequent suits.

In 2020, I became a thought leader on COVID-19 related workplace issues, including speaking at webinars about new legislation; authoring guides, policies, and other material; and writing articles on vaccination mandates. My efforts benefited firm clients and colleagues and resulted in my quick resolution of a case filed in federal district court under the Families First Coronavirus Response Act. The suit was filed against a long-term health-care provider, who was particularly interested in a quick resolution. I moved to dismiss the litigation, explaining why the claims were improper under the recently enacted FFCRA, Emergency Family and Medical Leave Expansion Act, and Emergency Paid Sick Leave Act and under the Family and Medical Leave Act. Within days of filing the motion, plaintiff agreed to a de minimis settlement.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
During my first year as an attorney, I was a federal appellate law clerk for Judge Leslie Southwick [of the U.S. Court Appeals for the Fifth Circuit]. A vital lesson I learned as a law clerk was the importance of credibility, professionalism, and integrity. While zealously defending my client is important, my reputation and credibility are even more important. Demonstrating integrity is critical to maintain and implement the values of our profession, which include strengthening the rule of law. Throughout my time as a practicing attorney at Baker Donelson, I repeatedly fall back on the importance of integrity and credibility in my writing, representations to the court, communications with counsel opposite, and communications with clients. I also intentionally exhibit professionalism and am currently a barrister in the Charles Clark American Inn of Court where I contribute to creating programming for other practicing attorneys on these very topics. Further, as an adjunct professor and mentor to younger attorneys, I continue to reinforce these imperatives.

How do you define success in your practice?
For as long as I can remember, I have believed that “success” is different for every person. I have also learned to celebrate the small wins just as much as the big wins because they are all “successes” depending on one’s perspective. The COVID-19 pandemic has provided even more clarity on the importance of perspective and celebrating “wins” to maintain mental and overall health in the inherently stressful practice of law. There are many examples of “wins” or “successes” in my practice, including being a trusted adviser and my DEI work, but I want to emphasize that my definition of success is inextricably intertwined with how well I maintain balance. It is a success when I not only empower and advocate for clients and contribute to the profession, but when I also make time for my spiritual, emotional, and physical health in the process.

What are you most proud of as a lawyer?
I am a firm believer that to whom much is given, much is required. I strive to use my position and knowledge to make a mark, no matter how big or small. That said, while I am certainly proud to be one of the few women of color to ascend to shareholder status in a majority defense firm, I am most proud of my commitment to mentor young attorneys, including law school students, give back to my community through, for example, working with second graders on reading skills during business hours, co-chair an initiative like BakerBridge that helps minority-owned businesses receive legal representation, and foster more diversity, equity, and inclusion in my profession and the broader community. I work to foster DEI by chairing committees, speaking at events, creating a podcast called “Diversity Ever After,” and writing articles and by focusing my practice on creating inclusive, equitable, and diverse workplaces through the counsel, advice, and expertise I provide clients in this area.

Who is your greatest mentor in the law and what have they taught you?
There are a number of influential mentors I would like to mention. Judge Southwick taught me the importance of integrity and character. La’Verne Edney, [a former firm colleague now at Butler Snow], taught me the importance of taking chances, being visible, and sharing what I am doing. La’Verne also taught me, along with Linda Klein, the importance of sponsorship and giving back. Tim Lupinacci, my firm’s CEO, has highlighted the importance of compassion and work ethic. Mark Baugh, my firm’s chief diversity and inclusion officer, and Alfrado Donelson have both taught me to remain open to new opportunities for growth in my practice. Finally, my observation of the life and career of Justice Ruth Bader Ginsburg taught me how critical it is to be brave and speak up for what is right and just under the law. I have learned many lessons from these individuals that inform my career decisions, but my greatest influence is my faith.

Just for fun, tell us your two favorite songs on your summer music playlist.
“Miracle (Live)” by Jonathan McReynolds and Mali Music. This song has such an amazing vibe and has been on repeat this summer because it is truly uplifting, feel-good music. It raises my awareness of the miracles around me, motivates me to remain faithful, and reminds me to use my talents and gifts to not only help others but to make a difference, which is something I specifically strive to do through the Diversity, Equity, Inclusion, and Accessibility (DEIA) aspect of my practice.

“Break My Soul” by Beyoncé. The message that “you won’t break my soul” resonates with me. The song is a great reminder that we must protect our peace and live life to the fullest in a manner that uplifts and reenergizes our soul. This is so pertinent given everything that is going on right now in America and worldwide.

Nakimuli Davis-Primer has experience representing insurers in bad faith breach of contract claims. She serves in leadership positions in her firm’s diversity and inclusion committees and as a barrister in the Charles Clark American Inn of Court and is an adjunct professor at Mississippi College School of Law teaching employment law.