Francis X. Nolan, IV

Francis X. Nolan, IV: Attorney with Eversheds Sutherland (US) LLP
  • Counsel at Eversheds Sutherland (US) LLP (430 Attorneys)
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Biography

Frank Nolan defends class action lawsuits and complex business litigation matters in federal and state courts throughout the country. He advises financial services and insurance clients on issues affecting their core business practices. His cases involve claims of unfair trade practices, consumer fraud, antitrust and violations of data privacy laws. Frank also litigates and arbitrates business-to-business disputes, counsels clients on pre-litigation and compliance matters, and advises on contractual issues.

Frank has worked with clients across a wide range of industries, with a particular focus on the insurance and financial services sectors. As part of his class action and commercial litigation practice he defends and counsels companies facing claims or compliance issues arising from the Telephone Consumer Protection Act (TCPA), biometric protection and other privacy laws, and a wide variety of consumer protection statutes. Frank presents and publishes regularly on these topics.

Before joining the firm, Frank was an associate at an international law firm in New York. Before Prior to entering the legal field, Frank worked as a policy analyst for the Office of the Assistant Secretary of the Army for Acquisitions (ASA/ALT), where he focused on Congressional relations. In a similar capacity, he assisted the Office of the Under Secretary of Defense for Acquisitions (USD AT&L).

Outside the office, Frank sits on the Board of Trustees for the 130-year old non-profit organization Trailblazers NY/NJ, which runs camps and after school programs in the New York metropolitan area focused on engaging children and teenagers with the outdoors to foster personal development. Frank is also on the Board of the non-profit organization City Cottage, which facilitates educational programs between high school students in the United States and Malawi.

Client Tools

•CFPA Guide
•Up to Speed Blog

Awards and Rankings

Selected for inclusion among New York Super Lawyers Rising Stars (2015-2018)

Experience

Counseled Progressive Casualty Insurance Corp. and related entities in 18 antitrust actions and a RICO class action consolidated in an MDL proceeding in Florida alleging a conspiracy among insurance companies relating to automobile repair labor rates.
Represented Progressive Casualty Insurance Co. and Progressive Direct Insurance Co. in a class action alleging unfair business practices under Connecticut's Unfair Trade Practices Act (CUTPA/CUSPA), tortious interference and unjust enrichment.
Won summary judgment on 10 causes of action in a complicated business practices dispute brought by several auto body repair shops and individuals against Progressive.
Won dismissal of a putative class complaint alleging bad faith, breach of fiduciary duty and unfair trade practices violations, which was upheld by the Third Circuit.
Won summary judgment for a leading auto insurer in a case alleging breach of contract and violations of New York's unfair trade practices statute, GBL 349.
Defended a large property and casualty insurer in putative class action in the District of Maryland asserting breach of contract and injunctive relief.
Defended an insurer in a putative class action in Illinois federal court alleging violation of Illinois's consumer protection statute.
Secured complete dismissal of New York General Business Law and other causes of action, including tortious interference and injurious falsehood, for a leading auto insurer.
Secured dismissal for Progressive Northwestern Insurance Company in an action alleging antitrust, breach of contract, fraud, violations of New York General Business Law 349 and tortious interference.
Represents a financial technology and short-term lending company in federal litigation in Texas involving multiple consumer protection statutes.

Publications

Legal Alerts

Legal Alert: The floodgates open - Illinois Supreme Court issues landmark ruling in biometrics case (January 28, 2019)
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the ...

Legal Alert: Supreme Court strengthens enforceability of arbitration provisions (January 11, 2019)
In his first Supreme Court opinion, Justice Kavanaugh, writing for a unanimous court, held that when a contract delegates to arbitrators gateway questions regarding arbitrability of disputes, courts ...

Legal Alert: Dialing in - Top five TCPA issues for 2019 (January 10, 2019)
Companies in consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2018, TCPA lawsuits remained one of the most filed types ...

Legal Alert: Narrowing the scope of TCPA litigation (for now) - FCC creates reassigned number database and option to block spam text messages (December 20, 2018)
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned ...

Legal Alert: Deference or preference - Supreme Court to address agency authority in context of TCPA litigation (December 6, 2018)
Are courts bound by Federal Communications Commission (FCC) rulings and orders in deciding Telephone Consumer Protection Act (TCPA) cases? The United States Supreme Court has agreed to take on a case ...

Legal Alert: You can’t unring a bell - More courts reject revocation of consent under the TCPA (November 19, 2018)
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer ...

Legal Alert: Crunch time-courts split on definition of autodialer under TCPA and FCC requests immediate supplemental comments (October 5, 2018)
On October 3, the Federal Communications Commission (FCC) instituted a brief, immediate, supplemental comment period as it seeks to resolve an issue at the heart of thousands of lawsuits filed under ...

Legal Alert: The impact of Langan v. Johnson & Johnson on nationwide class actions (August 15, 2018)
The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification. In Langan v. Johnson & Johnson Consumer ...

Legal Alert: Who’s calling? Standards for third-party liability under the TCPA (August 14, 2018)
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers ...

Legal Alert: One and done-US Supreme Court sets limits on successive class action filings (June 14, 2018)
After years of uncertainty, the United States Supreme Court has revisited one of its most important class action opinions, and in doing so, set limits on the filing of successive class actions. In ...

Articles

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things (November 14, 2018)
Legal Tech News
The California legislature had a big year in 2018. While a great deal of attention has focused on the California Consumer Privacy Act of 2018 (CCPA), California also passed a less-publicized, but ...

Scanning the Horizon: What the Hospitality Industry Needs to Know About Biometrics (September 15, 2018)
Modern Restaurant Management
Biometric data are used to identify an individual using that person’s unique biological characteristics. No longer a thing of the future or portrayed in an episode of “Mission Impossible,” private ...

A study abroad: Will Europe adopt the US class action mechanism? (Summer 2018)
Partnering Perspectives
The US system for resolving claims through class action litigation is a global outlier. In their article for the Summer 2018 edition of Partnering Perspectives, Eversheds Sutherland attorneys discuss ...

DC Circuit Upholds Narrow TCPA Exemption for Healthcare Providers (May 1, 2018)
ABA Health eSource
In their article, “Recent TCPA Developments for Healthcare Providers,” which was published in the March issue of the ABA Health eSource, Eversheds Sutherland attorneys Lewis Wiener and Frank Nolan ...

Facing facts: Litigation and compliance risks of biometric data (Spring 2018)
Partnering Perspectives
Biometric data is increasingly used by businesses for a multitude of purposes. In their article for the Spring 2018 edition of Partnering Perspectives, Eversheds Sutherland attorneys Michael Bahar, ...

Recent TCPA Developments for Healthcare Providers (March 15, 2018)
ABA Health eSource
Healthcare providers are uniquely affected by the Telephone Consumer Protection Act (TCPA), which regulates the manner in which a business may advertise its products and services to consumers by ...

REDIAL: 2017 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION (January 31, 2018)
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. This publication ...

Dialing In: Hot TCPA Issues For 2018 (January 10, 2018)
Law360
In their article for Law360, Eversheds Sutherland attorneys Lewis Wiener, Wilson Barmeyer and Francis Nolan identify five hot issues that set the stage for the Telephone Consumer Protection Act in 2018.

Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections (November 13, 2017)
New York Law Journal
In the aftermath of the Second Circuit’s July 2017 decision in United States v. Allen, companies operating cross-border should be asking how far the Fifth Amendment’s protections against ...

Skin in the Game: A Proposed Co-Pay Requirement for Discovery-Requesting Parties (October 6, 2017)
Washington Legal Foundation - Legal Backgrounder
Skyrocketing discovery costs call for a fundamental shift in how parties approach and pay for discovery. One effective and simplistic way to achieve this goal is to incorporate into the discovery ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Summer 2018)
We are pleased to present the Summer 2018 edition of Partnering Perspectives, which focuses on a number of developing legal issues as well as offers insight on the value to clients of partnering with ...

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2018)
With emerging technology, evolving international relationships and an increased focus on corporate responsibility, companies are faced with new challenges and opportunities, a fresh perspective on ...

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Winter 2016)
Partnering Perspectives
Sutherland is pleased to present the Winter edition of Partnering Perspectives, which provides insight into a number of developing legal issues that provide thought-provoking analysis of the ...

Class Action Report: 2010-2015 (March 1, 2016)
Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. ...

News

In the News

On the Move - Francis Nolan (January 17, 2018)
New York Law Journal
Francis (Frank) X. Nolan, IV is mentioned in this New York Law Journal article for being elected counsel, effective January 1, 2018. Frank defends class action lawsuits and complex business ...

Plantronics Penalized for Poor Electronic Data Storage Policies (October 26, 2016)
Corporate Secretary
Sutherland Associate Francis Nolan is featured in this Corporate Secretary article discussing the GN Netcom v. Plantronics case, which involved a company’s failure to preserve electronically stored ...

Company Must Pay $3M for Deleting Emails (October 18, 2016)
Society for Human Resource Management (SHRM)
Sutherland Associate Francis Nolan is quoted in this SHRM article providing insight on GN Netcom v. Plantronics, a case where a $3 million sanction was imposed on a corporate defendant because one of ...

Press Releases

Seven Eversheds Sutherland Attorneys Named 2018 New York Metro Super Lawyers and Rising Stars (September 13, 2018)
NEW YORK-Eversheds Sutherland (US) LLP is pleased to announce that six attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. Additionally, one attorney ...

Eversheds Sutherland Publishes 2017 TCPA Year-in-Review Report (January 31, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that the Litigation Practice Group has published REDIAL: 2017 TCPA Year-in-Review - Analysis of Critical Issues and Trends in TCPA Compliance and ...

Eversheds Sutherland Elects Six New US Counsel (January 16, 2018)
Eversheds Sutherland (US) LLP is pleased to announce the election of six new counsel, effective January 1, 2018. “The promotion of these six outstanding lawyers continues our momentum in 2018 and our ...

Nine Eversheds Sutherland Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars (September 20, 2017)
NEW YORK-Eversheds Sutherland is pleased to announce that five attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers . Additionally, four attorneys have ...

Eversheds Sutherland 2016 Pro Bono Hours Add Up for Worthwhile Causes (July 31, 2017)
Eversheds Sutherland is pleased to announce that its attorneys spent more than 15,000 hours on 614 pro bono matters in 2016. The cases, which ranged from contract disputes to high-profile asylum ...

Two Eversheds Sutherland (US) Attorneys Named JD Supra Top Authors for Thought Leadership (March 20, 2017)
WASHINGTON-Eversheds Sutherland (US) LLP is pleased to announce that Partner Lewis S. Wiener and Counsel Wilson G. Barmeyer have been recognized as Top Authors as part of JD Supra’s Readers’ Choice ...

Sutherland Publishes 2016 TCPA Year in Review Report (January 18, 2017)
Sutherland Asbill & Brennan LLP is pleased to announce that the firm’s Litigation Practice Group has published REDIAL: 2016 TCPA Year in Review - Analysis of Critical Issues and Trends, an annual ...

Ten Sutherland Attorneys Named 2016 New York Metro Super Lawyers and Rising Stars (September 21, 2016)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that five of the firm’s attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers . ...

Sutherland Launches Up to Speed: The Automotive and Insurance Blog (November 17, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, uptospeedblog.com. The blog provides vital news relating to automobile insurance, manufacturing, ...

Eleven Sutherland Attorneys Named 2015 New York Metro Super Lawyers and Rising Stars (September 16, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that five of the firm’s attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. ...

Multimedia

Webcast: The legal implications of using biometric information (October 18, 2018)
Biometric data (fingerprints, retina scans, voice recognition and the like) are used to identify an individual using that person’s unique biological characteristics. No longer a thing of the future ...

Webcast: Arbitration Agreements and Class Action Waivers: A Discussion of the Potential Impact of the Consumer Financial Protection Bureau’s Proposal (May 11, 2016)
Will the new Consumer Financial Protection Bureau’s (CFPB) proposal limit, or outright prohibit, the use of class waivers in consumer contracts? Join Sutherland attorneys Tom Byrne, Lewis Wiener and ...

Areas of Practice (9)

  • Litigation
  • Insurance
  • Class Action Defense
  • Antitrust
  • Complex Business Litigation
  • Financial Services Litigation
  • Cybersecurity & Privacy
  • Automotive
  • Telephone Consumer Protection Act (TCPA)

Education & Credentials

Contact Information:
University Attended:
Connecticut College, B.A.
Law School Attended:
University of Notre Dame Law School, J.D.
Year of First Admission:
2008
Admission:
U.S. District Court for the District of New Jersey; U.S. District Court for the Northern, Eastern, Southern and Western District of New York; U.S. Courts of Appeals for the Second and Third Circuits; New Jersey; New York
Memberships:

Professional Activities

Member, New York City Bar Association
Lawyers for Civil Justice, E-Discovery Subcommittee

ISLN:
921391256

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (44)

Documents by this lawyer on Martindale.com

New York, New York

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    New York, NY
    Grace Building , 1114 Avenue of the Americas, 40th Floor
    New York, NY 10036-7703

    212.389.5083 Phone

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