Dan Deane

Practice Areas

Dan Deane leads Nixon Peabody’s Class Actions and Aggregate Litigation, and TCPA and Consumer Privacy teams, and provides litigation expertise to the firm’s Franchising & Distribution team. His practice focuses on guiding businesses and individuals involved in high-exposure, complex civil and criminal litigation, as well as government investigations and regulatory proceedings 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.

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.

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.

Career

Catholic University of America, J.D., magna cum laude

University of Connecticut, B.A., Journalism and Political Science

Professional Memberships

American Bar Association, Forum on Franchising

Associate Editor, The Franchise Lawyer (ABA Forum on Franchising)

Chair, Federal Practice Section of the New Hampshire Bar Association