Dan Deane leads Nixon Peabody’s Class Actions and Aggregate Litigation, and TCPA and Consumer Privacy teams, and is a member of the firm’s Franchising & Distribution team. His practice focuses on defending businesses and individuals in high-exposure, complex civil and criminal litigation and investigations before state and federal courts, arbitral tribunals, and regulatory agencies. In addition to defending lenders and franchise systems against consumer claims of unfair and deceptive business practices, unfair debt collection practices, and invasion of privacy under statutes such as the Telephone Consumer Protection Act (TCPA), and the Fair Credit Reporting Act (FCRA), Dan defends franchisors in all manner of franchise-related litigation.
I focus on strategies calculated to avoid or minimize the disruption of costly class and aggregate litigation. I have secured favorable results for clients by defeating class certification and enforcing contractual arbitration and class-waiver provisions. I have particular experience defending lenders and franchise retailers and other consumer-facing businesses against claims of unfair and deceptive business practices, unfair debt collection practices, and invasion of privacy under statutes such as the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and state consumer protection laws.
I represent employers defending against claims of discrimination, wrongful discharge, wage-and-hour violations, and other related claims. I have successfully enforced non-competition and arbitration agreements. I also represent private boarding schools and institutions of higher education facing investigation or litigation arising from allegations of discrimination, sexual assault on campus, and/or challenging student disciplinary proceedings.
I help individuals and companies navigate through federal and state civil and criminal investigations, including against charges of mail and wire fraud and other alleged violations of federal and state laws.
I have an active appellate practice in state and federal appellate courts. I have briefed and argued before the First, Fourth, Ninth, and Tenth United States Courts of Appeal, as well as the New Hampshire and United States Supreme Courts. I have been a member of the First Circuit’s Criminal Justice Act panel since 2011 and was recently appointed by the Court to serve on its CJA Screening Committee.
Despite calls for reform, the growth of class action litigation continues unabated, particularly class actions premised on alleged violations of consumer protection statutes that provide for statutory damages and claims that retailers induced consumers with false or misleading representations. Privacy claims will also remain at the forefront of consumer litigation. Businesses that interact with consumers should ensure their ongoing compliance with state and federal privacy laws, including the FCRA, TCPA, Gramm-Leach-Bliley Act, HIPAA, and related state laws. To stay up-to-date on this ever evolving area of the law, please visit our blogs NP Privacy Partner and TCPA Info, News & Insights.
Concord Monitor | January 12, 2021
Manchester Complex Commercial Disputes associate Kierstan Schultz is quoted in this article covering a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program. In addition to Kierstan, the NP team includes Complex Commercial Disputes partner Dan Deane, paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.
McKnight’s Senior Living | January 12, 2021
The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.
The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.
New Hampshire Public Radio | January 11, 2021
The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.
The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.
New Hampshire Union Leader | January 11, 2021
The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.
The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.
The Associated Press | January 11, 2021
The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.
The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.
Law360 | June 17, 2020
This article, covering a federal judge’s order that immigration detainees at Strafford County (NH) Department of Corrections can challenge their living conditions amid COVID-19, quotes Manchester Complex Commercial Disputes associate Nathan Warecki. The article also mentions the team of NP attorneys representing the detainees in the case: Litigation Department Head Scott O’Connell; Government Investigations & White-Collar Defense practice group leader Dave Vicinanzo and associate Colin Missett; Complex Commercial Disputes partner Dan Deane, and associates Marx Calderon and Michael Strauss.
New Hampshire Union Leader | March 30, 2020
This article highlights the efforts of Manchester Complex Commercial Disputes partner Dan Deane and associate Michael Strauss to secure home confinement for their client, who is currently serving a sentence in a Merrimack County jail where a corrections officer has tested positive for COVID-19.
Massachusetts Lawyers Weekly | January 23, 2020
This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.
Law360 | June 28, 2019
Manchester Complex Commercial Disputes partner Daniel Deane and associate Nathan Warecki authored this article about the Supreme Court’s decision in Kisor v. Wilkie and the potential impact the ruling will have in the future.
Law360 | September 05, 2018
This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.
Seacoastonline.com | March 19, 2018
This op-ed discusses the Indonesian Christian immigrants in New Hampshire facing deportation and mentions Nixon Peabody’s work to successfully halt the deportations in order to reopen the individuals’ immigration cases. The pro bono team includes Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero.
Law360 | February 01, 2018
Nixon Peabody’s pro bono team, which includes Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations & white collar defense associate Ronaldo Rauseo-Ricupero, is featured in this article noting a judge’s decision to halt immigration officials from deporting a group of Indonesian Christians living in New Hampshire.
Reuters | January 31, 2018
In the following coverage, Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are mentioned for their pro bono work representing Indonesian Christians in New Hampshire who face possible deportation by ICE.
Catholic University of America, J.D., magna cum laude
University of Connecticut, B.A., Journalism and Political Science
Connecticut
District of Columbia
Massachusetts
New Hampshire
New York
Maine
U.S. District Court, District of New Hampshire
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Supreme Court
Daniel was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the fields of Commercial Litigation and Franchise Law. Daniel has been listed in Best Lawyers since 2016.
Daniel has been recognized as “Up and Coming” in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business in the area of Litigation: General Commercial (New Hampshire).
TCPA Info, News & Insights |