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.

Career

Complex Civil Litigation, Consumer Privacy, and Class Action Defense

Dan advises and defends consumer-facing business clients against claims of unfair and deceptive practices, unfair debt collection practices, illegal marketing, and invasion of privacy. Dan provides practical guidance calculated to avoid or minimize the disruption of costly class and aggregate litigation and he has a track record of securing efficient victories for clients by defeating class certification and enforcing contractual arbitration and class-waiver provisions. Dan has 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. Forward-thinking clients frequently seek Dan’s compliance advice in these areas to avoid costly litigation in the first instance.

Franchise Litigation

Dan’s 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

Dan represents individuals and institutions involved in high stakes civil and criminal proceedings—on both sides of the “v”—concerning claims of sexual misconduct, personal injury, discrimination, and other civil rights violations. Dan is currently a leading member of the legal team seeking to vindicate claims on behalf of a class of survivors who suffered abuse when they were children in the custody of the State of New Hampshire’s juvenile system. He also guides individuals and companies navigating 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

Dan is 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. He also provides pro bono support to the New Hampshire Coalition Against Domestic and Sexual Violence. Currently, Dan is 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

Dan has an active appellate practice in state and federal appellate courts. He has 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. Before joining NP, Dan clerked for the Honorable Jeffrey R. Howard, of the United States Court of Appeals for the First Circuit, and the Honorable Joseph A. DiClerico, Jr., of the United States District Court for the District of New Hampshire.

Professional Memberships

American Bar Association, Forum on Franchising

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

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

Personal

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

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