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Francis X. Nolan IV

Partner
Gittings Global - NE111825

Frank is a litigation Partner in the firm’s New York City office.

Frank represents companies in commercial and class action litigation in state and federal courts across the country. He has served as lead litigation counsel for companies defending claims arising from privacy statutes, data breaches and an assortment of consumer protection laws. Frank has particular experience in the insurance industry and has also represented clients in litigation and arbitration across a wide range of other sectors, including life sciences, banking, manufacturing, technology, biometrics and aeronautics.

As part of his class action defense practice, Frank leads Eversheds Sutherland's biometrics team, which counsels clients employing biometric technology and defends against litigation arising from biometric protection and other privacy and data security laws. He speaks and frequently writes on these topics. Frank is also a leader of the Firm's Telephone Consumer Protection Act (TCPA) team.

Prior to law school, Frank worked as a policy analyst for the United States Department of Defense, first with the Under Secretary of Defense for Acquisitions and later for the Assistant Secretary of the Army for Acquisitions. 

Frank is a member of the firm's pro bono committee and has represented numerous clients seeking asylum under the United Nations Convention Against Torture.

  • Won dismissal of a putative class complaint alleging bad faith, breach of fiduciary duty and unfair trade practices violations, in decision upheld by the Third Circuit.
  • Provided risk mitigation strategies to a Fortune 50 technology company in connection with creating, developing and launching advertising products and features in virtual reality and augmented reality.
  • Represented European-based medical technology companies in international arbitration arising from alleged breaches of supply and distribution agreement.
  • Represented several large life insurers and P&C insurers in putative class actions alleging violations of Telephone Consumer Protection Act (TCPA).
  • Represented large P&C insurer in putative class action alleging violations of California law relating to collection of biometric information.
  • Lead litigation counsel to insurtech, winning motions to dismiss two complaints in national putative class action arising from alleged data breach.
  • Lead litigation counsel to multiple insurer defendants in multi-district litigation arising from international ransomware attack.
  • Analyzing and providing risk mitigation strategies to a Fortune 50 technology company in connection with creating, developing and launching advertising products and features in virtual reality and augmented reality.
  • Represented European-based medical technology companies in a dispute arising from alleged breaches of supply and distribution agreement.
  • Advises numerous national and multinational corporations on policies and practices relating to the collection, use and storage of biometric information, including pertaining to facial recognition.
  • Served as lead counsel for insurtech company in dismissal of national putative class action arising from alleged data breach.
  • Represented a large property and casualty insurer in numerous class actions arising from insurer’s business practices with respect to paying taxes and fees in connection with first-party total loss claims.
  • Represented a large life insurer in numerous class actions arising from alleged violations of the Telephone Consumer Protection Act.
  • Serves as national counsel for a large property and casualty insurer in numerous class actions arising from alleged violations of the Telephone Consumer Protection Act.
  • Represented an international manufacturer and distributor of agricultural pesticides in arbitration before the International Centre for Dispute Resolution arising from a dispute over a joint venture formed with a biotechnology research company.
  • Represented ceding party to reinsurance treaty in arbitration arising from variable annuity contracts.
  • Represented buyer in M&A transaction in a contested $4 million claim against indemnity escrow fund.
  • Represents a financial technology and short-term lending company in federal litigation in Texas involving multiple consumer protection statutes.
  • Emerging Consumer Class Action Risks from State Legislation, November 2023, Association of Corporate Counsel, Chicago Chapter
  • Best Practices for Navigating a Growing Regulatory & Statutory Morass, October 2023, EDI Annual Summit
  • Developments in Class Action Litigation, September 2022, Association of Corporate Counsel, New Jersey Chapter
  • E-Discovery 101: Preservation and Spoliation, October 2021
  • Emerging trends in Biometrics and AI, October 2021
  • Current Issues in Insurance Regulation 2020, October 2020, New York City Bar CLE Webinar
  • Practical and Legal Considerations for Companies Using Biometric Information, October 2020 
  • Implications of US laws on collection, storage, and use of biometric information, September 2020, Biometrics Institute 2020 US Conference
  • Automation in the Legal Practice, September 2020, NFJE 16th Annual Judicial Symposium: Law in the New Age
  • Emerging Legal Issues and Ethical Risks Surrounding Biometrics, July 2020, Association of Corporate Counsel, New Jersey Chapter
  • The Ethics of Biometrics and Artificial Intelligence, September 2019, American Life Insurance Counsel (ALIC) Regional Roundtable
  • Under the National Radar State Discovery Rules Are Changing Too, June 2019, Electronic Discovery Institute
  • Compliance and litigation defense strategies for companies using biometric information, June 2019
  • Webcast: The legal implications of using biometric information, October 2018
  • Selected for inclusion among New York Super Lawyers® "Rising Stars" (2015-2018)
  • Recognized by The Legal 500 United States in the area of e-discovery (2019-2022)
  • Charles T. Lester Pro Bono Award (2019)
  • Co-Chair, Board of Directors of Trail Blazers, a 135-year-old not-for-profit organization maintains a portfolio of summer and year-round scholarship-centric camp and after-school programs rooted in outdoor experiential education, social-emotional learning and leadership development.
  • Drafting Group Member, Working Group 11 (Biometric Privacy Laws), The Sedona Conference
  • B.A., Connecticut College
  • J.D., University of Notre Dame Law School
  • New Jersey
  • New York
  • Eastern District of Michigan
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Supreme Court
Gittings Global - NE111825
Francis Nolan

Partner

Gittings Global - NE111825
Francis Nolan

Partner

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