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Dan Deane



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.

What do you focus on?

Complex Commercial Litigation and Class Action/Aggregate 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.

Employment and Education

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.

Government Investigations and Criminal Defense

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.

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. 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.

What do you see on the horizon?

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.

Federal Court Clerkships

  • Hon. Jeffrey R. Howard, U.S. Court of Appeals for the First Circuit, 2004–2006
  • Hon. Joseph A. DiClerico, Jr., U.S. District Court, District of N.H., 2006–2007

Representative Cases

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

Publications

  • “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

Planet Fitness scores end to two suits over fees in pandemic

Law360 | March 26, 2021

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.

Lawsuit Says Missing NH In-Home Care Leads to Nursing Home Stays

Inside Health Policy | January 19, 2021

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.

Lawsuit Seeks Stop to Unnecessary Placements in NH Nursing Homes

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.

Medicaid waiver enrollees put at risk of unnecessary nursing home placement, lawsuit claims

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.

Lawsuit Alleges New Hampshire Is Failing to Administer Program for Seniors, People with Disabilities

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.

Lawsuit: State Shirking Responsibility for At-Home Care Services

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.

New Hampshire House to Hold Hybrid Public Hearings on Bills

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.

Judge Allows Immigrant Detainees To Fight Living Conditions

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.

Former United Way VP asks judge for home confinement, claims he is vulnerable to COVID-19

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.

Unwanted pre-recorded calls don’t violate TCPA

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.

In High Court's Kisor Ruling, 2 Important Doctrines Survive

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.

State AGs at odds over Google privacy pact at high court

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.

Contact

Dan Deane

Partner
Leader, Class Actions and Aggregate Litigation;
Co-Leader, TCPA & Consumer Privacy Team

Manchester

Phone: 603-628-4047

Boston

Phone: 617-345-6035


Fax: 866-947-1243

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).

  • Chair, Federal Practice Section of the New Hampshire Bar Association

TCPA Info, News & Insights
What businesses need to know about the Telephone Consumer Protection Act

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