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Dan Deane
Partner / Leader, Class Actions and Aggregate Litigation / Co-Leader, TCPA & Consumer Privacy Team
Introduction
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 representing businesses and individuals in high-exposure, complex civil and criminal litigation and investigations before state and federal courts, arbitral tribunals, and regulatory agencies.
Dan is also committed to providing pro bono legal services in furtherance of important social justice issues, including advocacy on behalf of abused and neglected children and disabled persons.
My focus
Complex Commercial Litigation and Class Action/Aggregate Litigation
I focus on defending consumer-facing clients facing claims of unfair and deceptive practices, unfair debt collection practices, illegal marketing, and invasion of privacy. My strategies are calculated to avoid or minimize the disruption of costly class and aggregate litigation and I have a track record of securing efficient victories for clients by defeating class certification and enforcing contractual arbitration and class-waiver provisions. I have particular experience defending lenders, franchise concepts, and other consumer-facing businesses against claims under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and similar state consumer protection laws.
Franchise Litigation
My civil litigation practice includes frequent representation of franchise systems and franchisor clients in all manner of franchise-related litigation, including breach of contract, franchise terminations, enforcement of trademark rights and non-competition covenants, and defending against government enforcement actions and private class actions that threaten entire franchise systems.
Personal Injury, Civil Rights, and Government Investigations
I represent individuals and institutions involved in civil and criminal proceedings concerning claims of sexual misconduct, personal injury, discrimination, and other civil rights violations. I have also helped individuals and companies navigate through complex federal and state civil and criminal investigations, including against charges of mail and wire fraud and other alleged violations of federal and state laws.
Pro Bono and Social Justice
I am a committed partner to Court Appointed Special Advocates (CASA) of New Hampshire, assisting for more than a dozen years in litigation and appeals to the New Hampshire Supreme Court in furtherance of their mission to advocate in the best interests of abused and neglected children. I also provide pro bono support to the New Hampshire Coalition Against Domestic and Sexual Violence. Currently, I am a member of the NP team that has partnered with the AARP Foundation, the Disability Rights Center of New Hampshire, and New Hampshire Legal Assistance in bringing a class action against the New Hampshire Department of Health & Human Services to ensure that a class of older adults and disabled persons are provided with the home and community-based care the State had promised to deliver to them under Medicaid’s CFI Waiver program.
Appeals
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.
Representative experience
class action defense
- Defending putative class action over adequacy of fitness club franchisor’s membership agreement under state law; motion to dismiss granted on all counts but one with renewed motion to dismiss pending on that count; Truglio et al. v. Planet Fitness, Inc. et al. USDC(NJ)
- Engineered early, small payout settlements of several multimillion-dollar TCPA class action suits, including multiple suits against a jewelry retailer sued for debt collection calls, a TCPA debt collection class action against a national bank, telemarketing class actions against a fitness club franchise and a restaurant franchise, and a TCPA telemarketing class action against a residential solar company
- Defended KeyBank, National Association against class action allegations that the bank’s student loan business should be held derivatively liable to the students of a non–Title IV flight school in California that closed its doors; prevailed on appeal to the U.S. Court of Appeals for the Ninth Circuit, obtaining a significant ruling enforcing the bank’s arbitration clause and effectively ending plaintiffs’ class action bid; the precedent-setting decision invalidated California’s “public injunction” exception to arbitration; Kilgore v. KeyBank, Nat’l Assoc., 673 F.3d 947 (9th Cir. Mar. 7, 2012)
- In cases involving similar non–Title IV student loans for culinary schools, procured the voluntary dismissal of another large national bank from a series of class actions and aggregate mass actions premised on allegations of derivative lender liability under the Federal Trade Commission’s “Holder Rule”
- Negotiated favorable settlements for two national banks in three separate but similar litigations in Utah involving failed flight schools; in a fourth case, drafted briefing that resulted in the dismissal of the action with prejudice and granting attorneys’ fees and costs to the client; Aquila v. JPMorgan Chase & Co., et al., No. 080417681 (3rd Jud. Dist. Ct., Salt Lake Cnty., Utah, Jan. 26, 2010)
- Defended a national bank against a $15 million lender liability action in Florida involving allegations of fraud, misrepresentation and civil RICO claims arising from a failed flight school
- Preserved KeyBank, National Association’s dismissal in a putative nationwide class action concerning forced place insurance in appeal to the U.S. Court of Appeals for the Tenth Circuit; Anapoell v. Key Equip. Fin., et al., No. 08-4114, 2009 U.S. App. LEXIS 6315 (10th Cir. Mar. 24, 2009), and defeated plaintiff’s petition for writ of certiorari to the U.S. Supreme Court, 130 S. Ct. 264, 175 L. Ed. 2d 132, 2009 U.S. LEXIS 6137 (Oct. 5, 2009)
Other Litigation
- Recent federal trial experience defending a private boarding school in litigation stemming from an allegation of student-on-student sexual assault and the student disciplinary proceedings that followed
- Negotiated favorable settlement for a student loan lender defending against claims that it had violated the Fair Debt Collection Practices Act, Fair Credit Reporting Act and several state consumer protection laws
- Assisted a state insurance guaranty association obtain summary judgment against the United States Department of Labor’s attempt to establish a priority, through a novel federal preemption argument, over the guaranty association’s claims in insurer liquidation proceedings; Solis v. The Home Ins. Co., et al., No. 10-cv-572-SM, 2012 DNH 120; 2012 U.S. Dist. LEXIS 9551 (D.N.H. Jan. 27, 2012)
- Obtained a favorable global settlement for a national bank defending against dual lawsuits in the New York Supreme Court and before a FINRA arbitration panel alleging investment mismanagement
- Negotiated several favorable confidential settlements on behalf of multiple health care and financial services clients facing claims brought by former employees
- Successfully obtained injunctive relief for a business division of Dell against a former high-level sales executive enforcing the company’s confidentiality and non-competition agreements; in subsequent related proceedings, successfully fended off the former employee’s claim for wrongful injunction both in Superior Court and on appeal to the New Hampshire Supreme Court; EqualLogic, Inc. v. Shea, S. D. Hillsborough Cnty. Superior Ct. No. 08-E-265 (2009), N.H. Supreme Ct., No. 2009-0679 (Jan. 5, 2011)
- In a case in New Hampshire state court involving allegations that an IRA custodian account was improperly handled, filed a motion to dismiss for a national bank that caused the plaintiff to voluntarily dismiss the bank
Looking ahead
Class action growth continues unabated, particularly alleged violations of consumer protection statutes that provide for statutory damages and claims that retailers induced consumers with false or misleading representations.
Insights
- “United States,” The Franchise Law Review, 8th edition, chapter 42, Law Business Research Ltd., March 2021 (co-author)
- “The uncertain future of the TCPA in the Trump era,” Bloomberg Law, May 08, 2017
- “Protect your consumers’ privacy from mass telemarketing,” Rochester Business Journal, October 9, 2015
- “Think Before You Hit Send: What businesses need to know about the Telephone Consumer Protection Act,” New Hampshire Business Review, September 4, 2015
- “Avoiding the Risks of Local Counsel Engagement in Federal Court,” New Hampshire Bar News, December 17, 2014
- “Law: ‘Associational discrimination’ emerges in lawsuits,” New Hampshire Business Review, December 4, 2011
- “The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers” (book review), New Hampshire Bar News, September 18, 2009
- “What to Do When the Feds Knock on Your Door: Responding Appropriately To An Unwanted Government Intrusion Is Critical To the Future of A Company,” New Hampshire Business Review , May 22, 2009
- “COPA and Community Standards on the Internet: Should the People of Maine and Mississippi Dictate the Standard in Las Vegas and New York?” 51 Cath. U. L. Rev. 241, Fall 2001
In the news
- New Hampshire Bulletin
‘We’re teetering on the edge.’ Are Medicaid rates making it harder to age at home?
March 22, 2023This article, focusing on roughly 600 New Hampshire residents at risk of losing at-home care in July if the state doesn’t increase its Medicaid-funded Choices for Independence (CFI) payments to providers, refers to a pending CFI federal lawsuit filed against the state Department of Health and Human Services by NP, New Hampshire Legal Assistance, Disability Rights Center – New Hampshire, and the AARP Foundation. The NP team involved in the case is led by Manchester Complex Disputes counsel Kierstan Schultz and includes Government Investigations & White-Collar Defense partner Mark Knights and Cybersecurity & Privacy partner Dan Deane, both of Manchester, and Complex Disputes associates Scott Dinner of Washington, DC and Tammy Nguyen of Chicago.
- Associated Press
Fund urged for sex abuse victims at youth detention center
This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.Jan 20, 2022 - Associated Press
Settlement fund proposed for youth center sex abuse victims
This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.Jan 18, 2022 - Portsmouth Herald
'Rigged' cannabis shop process? Sweet Dirt threatens to sue Kittery over lottery system
Manchester Government Investigations & White-Collar Defense associate Michael Strauss is quoted throughout this article on cannabis client Sweet Dirt’s assertion that the town of Kittery, ME should undo results of a flawed recreational marijuana license selection process or face a lawsuit. Mike and Manchester Complex Commercial Disputes partner Dan Deane are representing Sweet Dirt parent Northeast Kind Holdings in the pending litigation.Dec 30, 2021 - Granite State News Collaborative
Lawsuit alleges DHHS fails to properly administer Medicaid waiver program
This article covers a federal judge’s decision that a class-action lawsuit over the plaintiffs’ right to live independently instead of being placed in institutional care may proceed, quoting Manchester Complex Commercial Disputes associate Kierstan Schultz. In addition to Kierstan, the NP team working on the case includes Complex Commercial Disputes partner Daniel Deane, Government Investigations & White-Collar Defense partner Mark Knights, and paralegal Sharon Willier, all of the Manchester office.Dec 4, 2021 - New Hampshire Union Leader
Judge allows health care lawsuit vs state to proceed
This article, covering a federal judge’s ruling that a class-action lawsuit over the plaintiffs’ right to live independently instead of being placed in institutional care may proceed, quotes Manchester Complex Commercial Disputes associate Kierstan Schultz on the decision. In addition to Kierstan, the NP team working on the case includes Complex Commercial Disputes partner Daniel Deane, Government Investigations & White-Collar Defense partner Mark Knights, and paralegal Sharon Willier, all of the Manchester office.Nov 29, 2021 - Law360
Planet Fitness scores end to two suits over fees in pandemic
This article covers an Illinois federal judge’s decision to toss out a lawsuit filed by two Planet Fitness members claiming the gym had unlawfully charged them fees during the pandemic. Chicago partner Rich Tilghman and associate Henry Caldwell, and Manchester partner Dan Deane and associate Nate Warecki, all in the Complex Commercial Disputes group, were mentioned for representing Planet Fitness.March 26, 2021 - Inside Health Policy
Lawsuit Says Missing NH In-Home Care Leads to Nursing Home Stays
This 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.Jan 19, 2021 - Concord Monitor
Lawsuit Seeks Stop to Unnecessary Placements in NH Nursing Homes
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.Jan 12, 2021 - McKnight’s Senior Living
Medicaid waiver enrollees put at risk of unnecessary nursing home placement, lawsuit claims
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.Jan 12, 2021The 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
Lawsuit Alleges New Hampshire Is Failing to Administer Program for Seniors, People with Disabilities
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.Jan 11, 2021The 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
Lawsuit: State Shirking Responsibility for At-Home Care Services
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.Jan 11, 2021The 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
New Hampshire House to Hold Hybrid Public Hearings on Bills
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.Jan 11, 2021The 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
Judge Allows Immigrant Detainees To Fight Living Conditions
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.June 17, 2020 - <a href="https://www.unionleader.com/news/health/coronavirus/swindler-asks-judge-for-home-confinement-claims-he-is-vulnerable-to-covid-19/article_32807a93-270a-5bc7-ab70-0b8454bc8d0e.html?block_id=883785" target="_blank">New Hampshire Union Leader</a>
Former United Way VP asks judge for home confinement, claims he is vulnerable to COVID-19
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.March 30, 2020 - Massachusetts Lawyers Weekly
Unwanted pre-recorded calls don’t violate TCPA
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.Jan 23, 2020 - Law360
In High Court's Kisor Ruling, 2 Important Doctrines Survive
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.June 28, 2019 - Law360
State AGs at odds over Google privacy pact at high court
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.Sep 6, 2018 - Seacoastonline.com
Long ordeal continues for local Indonesians
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.March 20, 2018 - Law360
Removal of 50 Indonesian Christian immigrants put on hold
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.Feb 2, 2018 - Reuters
Federal Judge Blocks Deportation of Indonesians Living Illegally in NH
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.Feb 1, 2018 - Boston Globe
For Judge These Immigrants in US are Like Jews Fleeing Nazis
This front-page story recaps a federal court hearing for a group of Indonesian Christians seeking to reopen their immigration cases because they fear persecution back home. Manchester commercial litigation partner Dan Deane, Boston government investigations and white collar associate Ronaldo Rauseo-Ricupero, and Manchester commercial litigation associate Nate Warecki are representing this group pro bono.Jan 18, 2018 - Foster’s Daily Democrat
Indonesian Case to Be Heard Wednesday
The story previews a hearing in federal court in Boston about a group of Indonesian Christians living in New Hampshire who are attempting to delay deportation while they reopen their asylum claims. Manchester commercial litigation partner Dan Deane, Boston government investigations and white collar associate Ronaldo Rauseo-Ricupero, and Manchester commercial litigation associate Nate Warecki are representing this group pro bono.Jan 15, 2018 - Foster’s Daily Democrat
ICE: No cause to delay Indonesian deportations
This article mentions Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero for representing the Indonesian immigrants facing possible deportation and covers recent developments in the ongoing case.Dec 22, 2017 - Courthousenews.com
Judge blocks deportation about-face by U.S. government
Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article for their key court victory representing Indonesian immigrants who faced possible deportation.Nov 29, 2017 - Seacoast Online
Federal judge affirms right to halt Indonesian deportations
Manchester commercial litigation associate Nate Warecki talks about a favorable ruling in U.S. District Court on a pro bono matter that will ensure due process for 51 immigrants from Indonesia. Nate, along with Manchester commercial litigation partner Dan Deane and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero teamed with the ACLU to represent the immigrants, who fled religious persecution in their home country but were threatened with deportation by Immigration and Customs Enforcement.Nov 28, 2017 - New Hampshire Union Leader
NH Indonesian community celebrates legal victory in deportation case
Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article on the 51 Indonesian immigrants who fled their home country due to religious persecution but faced possible deportation by Immigration and Customs Enforcement.Nov 28, 2017 - New Hampshire Business Review
CPFB arbitration rule: What you need to know
Manchester commercial litigation partner Dan Deane authored this article about what businesses should know about the Consumer Financial Protection Bureau’s new rule that limits arbitration use in consumer financial products and services agreements.Oct 27, 2017 - Foster’s Daily Democrat
Shaheen pleased by Sununu’s letter on Indonesians
Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of a hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.Oct 24, 2017 - Foster’s Daily Democrat
Sununu asks Trump to stop deportations
Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in the following coverage for their pro bono class action case involving Indonesian Christians facing deportation.Oct 22, 2017 - WMUR
Hearing held to address concerns of Indonesian immigrants facing deportation
Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of Friday’s hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.Oct 20, 2017 - Foster’s Daily Democrat
Court battle continues for Indonesians
Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were quoted in the following coverage of a hearing regarding their pro bono class action case involving Indonesian Christians facing deportation.Oct 20, 2017 - Foster’s Daily Democrat
Sen. Shaheen questions Trump nominee on Indonesian immigration policy
This article on Kansas Gov. Sam Brownback, Trump nominee to ambassador-at-large for International Religious Freedom, includes the court win by Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero to delay the deportation of dozens of Indonesian immigrants.Oct 5, 2017 - Portsmouth Herald
Judge puts deportations of local Indonesians on hold
This article recaps a federal court decision to delay the deportation of dozens of Indonesian immigrants living in New Hampshire. Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are providing pro bono representation to these immigrants.Sep 26, 2017 - Foster's Daily Democrat
Suit filed to halt deportation of local Indonesians
This article is about Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero’s pro bono class action case involving Indonesian Christians facing deportation.Sep 26, 2017 - Bloomberg BNA
FTC gives qualified support to FCC fight against illegal calls
Manchester commercial litigation partner Dan Deane provided commentary in this article about the Federal Trade Commission’s recent comments in support of the Federal Communications Commission’s initiative to allow telephone providers to block illegal telemarketing robocalls.July 6, 2017 - Bloomberg BNA
Failure to respond dooms robocall lawsuit against tech university
Manchester commercial litigation partner Dan Deane is quoted in this article about a matter involving a Telephone Consumer Protection Act (TCPA) case against Colorado Technical University.June 5, 2017 - Bloomberg Law
The uncertain future of the TCPA in the Trump era
Manchester commercial litigation partner Dan Deane and New York City commercial litigation associate Paul Williamson contributed this article addressing the ways in which the Trump administration may affect the TCPA.May 8, 2017 - Law360
Planet Fitness Member Contract Class Action Trimmed In NJ
New York City partner Craig Tractenberg, Boston partner Arthur Pressman, Manchester partner Dan Deane and Boston associate Morgan Nighan are mentioned as representing Planet Fitness in a case about its membership agreements with regard to state consumer protection laws.July 30, 2016 - Concord Monitor
N.H. Supreme Court to decide whether child abuse cases can be made public
Manchester partner Dan Deane is noted in this article as counsel for Court Appointed Special Advocates (CASA). The coverage notes efforts by attorneys representing the adoptive parents of two children who were victims in a highly publicized sexual abuse case before the state Supreme Court in their effort to make their lawsuit public. CASA and the state Division of Children, Youth and Families are arguing to keep confidential information identifying the children under seal to protect their anonymity.April 6, 2016 - Rochester Business Journal
Protect your consumers' privacy from mass telemarketing
This column explains the Telephone Consumer Protection Act (TCPA), the risks to businesses, and how businesses can avoid TCPA liability. Corporate transactions partner Jeff LaBarge, commercial litigation associate Dan Deane and IP litigation associate Troy Lieberman collaborated on the piece.Oct 9, 2015 - New Hampshire Business Review
Think Before You Hit ‘Send'
Manchester Commercial Litigation associate Dan Deane and Boston IP Litigation associate Troy Lieberman co-authored this column discussing what businesses need to know about the Telephone Consumer Protection Act.Sep 4, 2015 - Union Leader
NH Business Newsmakers
This news brief notes that Manchester Commercial Litigation associate Dan Deane has been elected vice chair of the New Hampshire Bar Association’s Federal Practice Law Section.Aug 23, 2015 - Law360
SCOTUS Cert Skirt Left Door Open For Cy Pres Tune-Up
This column discusses the U.S. Supreme Court’s denial of a petition for a writ of certiorari in Marek v. Lane. New York City Commercial Litigation partner Chris Mason, San Francisco Commercial Litigation partner Bruce Copeland, Manchester Commercial Litigation associate Dan Deane and Rochester Products: Class Action, Industry & Trade Representation associate Kevin Saunders authored the piece.Nov 8, 2013
Admitted to practice
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
Education
Catholic University of America, J.D., magna cum laude
University of Connecticut, B.A., Journalism and Political Science
Professional activities
- Chair, Federal Practice Section of the New Hampshire Bar Association
Recognition
- Daniel was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2024 in the fields of Appellate Practice; Commercial Litigation; Criminal Defense: White-Collar; and Franchise Law. Daniel has been listed in Best Lawyers since 2016.
- Daniel has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2023 for Litigation: General Commercial (New Hampshire). He was 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).
- Recommended in The Legal 500 United States 2023 editorial for Dispute resolution—Corporate investigations and white-collar criminal defense
Insights And Happenings
View AllProfessionals in the Practice Area
View AllChristopher M. Mason
Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team- New York
- Office:212.940.3017
- cmason@nixonpeabody.com
-
Carolyn G. Nussbaum
Partner- Rochester
- Office:585.263.1558Mobile:585.766.1480
- cnussbaum@nixonpeabody.com
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Joseph J. Ortego
Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation- New York
- Office:212.940.3045
- jortego@nixonpeabody.com
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Stephen J. Jones
Partner / Co-Leader, Wage & Hour Compliance and Litigation Team- Rochester
- Office:+1 585.263.1386Mobile:585.281.5880
- sjones@nixonpeabody.com
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