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Matthew J. Frankel



Matthew Frankel is counsel in Nixon Peabody‘s Labor and Employment group. He represents businesses in federal and state court litigation and before administrative agencies in connection with labor and employment matters, Fair Credit Reporting Act claims and class actions, ERISA claims, trade secret and non-competition cases and commercial disputes. Matt’s practice is bi-coastal, as he is admitted to practice in Massachusetts, Rhode Island and California.

What do you focus on?

I focus primarily on labor and employment matters, but I also have substantial experience in FCRA, ERISA, trade secret, non-competition and commercial litigation.

Labor and Employment

Most recently, I have litigated wage and hour, FCRA, and discrimination suits, including putative class actions, in both Massachusetts and California. I have also handled hard-fought labor relations disputes before the D.C. Circuit Court of Appeals, the California Agricultural Labor Relations Board and the California trial and appellate courts. I also advise employers regarding their workplace policies, employee hires and departures, restrictive covenants and severance agreements.

FCRA Class Actions

I have substantial experience defending employers in class action suits alleging violation of the FCRA’s notice/authorization and pre-adverse action requirements, including obtaining dismissals and prompt, cost-effective settlements.  I also have experience defending against class claims against credit reporting agencies based on alleged inaccuracies in consumer reports.

ERISA Litigation

I also have substantial experience litigating ERISA matters and advising clients on pending and prospective ERISA litigation. I have defended clients against claims of breach of fiduciary duty under ERISA in federal courts on both coasts, worked on federal appeals cases that have affirmed successful ERISA outcomes in the district courts, and, most recently, advised the sponsor of a self-funded welfare plan regarding litigation and settlement strategy under ERISA for recovering millions of dollars of overpayments made by the plan’s third-party administrator.

Trade Secrets and Non-Competition Litigation

I also litigate trade secret cases under the Uniform Trade Secrets Act or applicable state law, with the subject matter ranging from complex high-technology to basic customer lists. I work closely with clients to advise on and litigate matters regarding non-competition agreements and similar restrictions on post-employment conduct.

Commercial Litigation and Startup Support

My experience also includes litigating (and resolving) business disputes, large and small, including those involving commercial contracts, beer and wine distribution and unfair competition claims. Recently, I have worked with startup companies on corporate formation issues, intellectual property protection and labor and employment matters.

What do you see on the horizon?

Employers are conducting an ever-greater number of background checks on applicants for employment, and plaintiffs’ firms are more aggressive than ever in pursuing wide-ranging and expensive FCRA class actions.  In light of the lack of controlling precedent on the FCRA’s legal requirements, this area will continue to generate significant litigation.  Employers would be well-served to review their FCRA compliance procedures and to consult counsel regarding their notices and adverse action decisions.

Publications and Presentations

  • “Hackers strike out: Recent cases of alleged sports analytics IP theft,” Journal of Sports Analytics, 2015 (Author)
  • "Sabermetrics Sees Recent Scrutiny," Chicago Law Bulletin, May 29, 2012 (Co-author with R. Mark Halligan)
  • "Baseball's Trade Secrets - Secret Sabermetrics: Trade Secret Protection in the Baseball Analytics Field," Nixon Peabody Webinar, April 4, 2012 (Co-presenter)
  • "Secret Sabermetrics: Trade Secret Protection in the Baseball Analytics Field," Albany Government Law Review, Volume 5, Issue 1, 2012 (author)

Interior Department wants one more go at Mashpee Wampanoag land ruling

Taunton Gazette | July 02, 2017

This coverage is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts, and the U.S. Department of Interior’s next steps. Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

Interior letter renews hope for Mashpee tribe’s plans

The Cape Cod Times | July 01, 2017

The following coverage is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts and the U.S. Department of Interior’s next steps. Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

Mass. tribe pulls casino land-into-trust bid from DOI

Law360 | June 28, 2017

This article is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts.  Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

Mashpee tribe’s land in trust decision—including Taunton casino site—delayed

Taunton Gazette | June 20, 2017

Rochester commercial litigation partner David Tennant is quoted, and Boston labor and employment associate Matt Frankel is mentioned, in this article about when a ruling will be made in a casino and land-in-trust case in Massachusetts.

‘Wheelchair Man’ tells a real-life superhero story

Boston Globe | October 07, 2016

Boston Intellectual Property partner David Resnick is mentioned in this article as legal counsel to Mohammad Sayed, a young inventor from Afghanistan who is developing adaptive products and a comic book series to inspire people with disabilities and to raise awareness in cultures that keep disabled individuals hidden from view. Boston Public Company Transactions associate Tevia Pollard and Labor & Employment associate Matt Frankel work with David on this pro bono matter.

Mass. Casino Opponents Come Up Winner In Trust Land Fight

Law360 | July 29, 2016

This article highlights a favorable federal court ruling for a firm client in a case involving a proposed casino in Massachusetts.  Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel represented residents of the town of Taunton who challenged the construction of the Mashpee Wampanoag Tribe’s planned casino.

Judge promises quick decision on challenge to Taunton casino

Boston Globe | July 12, 2016

This article provides updates on the legal battle over the Mashpee Wampanoag tribe’s plan to build a $1 billion casino in Taunton, MA, a city located 40 miles from Boston. Partner David Tennant and associate Matt Frankel are representing the group of Taunton property owners.

Contact

Matthew J. Frankel

Counsel

Boston

Phone: 617-345-1038


Fax: 866-519-4467

Boston College Law School, J.D., (2005)

Dartmouth College, B.A., History, (2002), cum laude

California

Massachusetts

Rhode Island

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, District of Columbia Circuit

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