Nipun J. Patel

Overview

Nipun J. Patel is a partner and trial lawyer in Holland & Knight's Philadelphia office who maintains a national practice focused on complex litigation matters. Mr. Patel represents businesses across a variety of industry sectors in commercial contract, business tort, data privacy, financial services, employment, restrictive covenant and putative class action litigation. Mr. Patel's experience as a first-chair trial lawyer includes multiple jury trials representing plaintiffs and defendants in state and federal courts, as well as in arbitration. Mr. Patel has also led and argued numerous appeals in state and federal court.

Representative Experience

Enslin v. The Coca-Cola Company, et al., Case No. 2:14-cv-06476 (E.D. Pa.): Obtained summary judgment, and affirmance on appeal, in a putative class action alleging privacy violations under federal and state law in connection with the theft of 55 laptops containing employee information
Led defense of a national bank in a putative class action alleging violations of the Americans with Disabilities Act (ADA)
Led defense of a national bank in a putative class action alleging mortgage servicing violations
Led defense of multiple putative class actions filed under the Telephone Consumer Protection Act (TCPA)
In multiple cases, obtained dismissal with prejudice of putative class actions under the Fair Debt Collection Practices Act (FDCPA)
Kevin Parrish v. Verizon Pennsylvania, Inc., 2:12-cv-05575 (E.D. Pa.): Convinced district court to strike with prejudice nationwide class claims in a putative Fair Labor Standards Act (FLSA) collective action alleging failure to pay overtime
Defended a Fortune 500 services company in a putative class action alleging failure to comply with regulations of the Fair Credit Reporting Act (FCRA)

Bergen Beverage Distribs. LLC v. Coca-Cola Refreshments USA, Inc., et al., No. 2:17-cv-04735 (D.N.J.): As lead counsel, obtained complete dismissal of fraud, negligence and conspiracy claims arising out of commercial distribution agreement
As lead counsel, represented NBA franchise in a commercial contract dispute with a former marketing partner
As lead counsel, represented an international natural gas company in a commercial contract dispute with a former joint venture partner
Represented managed care organization in multiple commercial contract disputes
Defended against multimillion-dollar breach of contract/warranty claims arising out of the failure of a power transformer at a nuclear power plant
Represented a petroleum manufacturer as plaintiff in a complex tort case seeking recovery of lost production revenue from a neighboring industrial manufacturer that was a customer of the same public utility
Checker Cab Phila., Inc. v. Uber Techs., Inc., No. 14-7265 (E.D. Pa. 2015): Defeated a motion for preliminary injunction based on the Lanham Act and unfair competition claims seeking to halt Uber's operations in Philadelphia County; decision subsequently affirmed at 643 F. App'x. 229 (3d Cir. 2016)
VBR Tours, LLC v. Nat'l R.R. Passenger Corp., No. 14-cv-804, 2016 WL 4945015 (N.D. Ill. Sept. 15, 2016): Obtained dismissal of Sherman Antitrust Act and Illinois Antirust Act claims alleging unlawful monopolization of alleged market for intercity rail vacations, as well as refusal to deal, conspiracy to restrain trade and price discrimination
In Re Mission Construction, No. 10-cv-04262 (S.D.N.Y.): Defended the Permanent Mission of the Republic of Namibia in a complex, multiparty construction dispute raising novel issues under the Foreign Sovereign Immunities Act (FSIA)
Obtained dismissal of fraud and related breach of contract claims arising out of commercial contract for healthcare information technology service for a healthcare provider client
Represented a global advertising and media company as plaintiff in a commercial contract dispute and successfully defended against alleged multimillion-dollar tortious interference claims

Following a five-day jury trial as lead counsel in the U.S. District Court for the Southern District of Florida, defeated claims brought by former employer against employee and his new employer for alleged violations of the federal Defend Trade Secrets Act (DTSA)
Defeated severance pay claim brought by former CEO of international technology company, and after six-day jury trial as lead counsel, obtained favorable verdict on breach of fiduciary duty counterclaims
Obtained dismissal with prejudice of putative whistleblower claims brought under the Sarbanes-Oxley Act (SOX) by former in-house lawyer
As lead counsel, represented a global pharmaceutical company in defending putative whistleblower claims under the New Jersey Conscientious Employee Protection Act (CEPA)
For a global pharmaceutical company, obtained dismissal of SOX whistleblower claim filed before Administrative Review Board
Obtained, on multiple occasions, temporary restraining orders, preliminary and/or permanent injunctions against former employees who were in violation of post-employment restrictive covenants
For a national healthcare company, successfully defended against trade secret and breach of contract/restrictive covenant claims filed in multiple jurisdictions
Represented companies facing a wide array of employment-related disputes, including discrimination, retaliation, harassment, wrongful discharge, wage and hour, employee benefits (ERISA) and breach of contract claims. Experience includes more than 80 cases in federal and state courts throughout the country
Routinely counsel and advise employers on restrictive covenant agreements, employee handbooks and workplace policies

Represented a national investment adviser in multiple suits alleging securities fraud and breach of fiduciary duty
Litigated claims under the Trust Indenture Act (TIA) on behalf of trustees and financial institutions
Successfully tried securities fraud claims on behalf of a national investment adviser to verdict before a Financial Industry Regulatory Authority (FINRA) arbitration panel
As lead counsel for a national mortgage servicer, successfully tried lender liability defenses/counterclaims to verdict
Lesley Banks v. Beneficial Consumer Discount Co., Case No. 081103799 (Phila. Ct. Comm. Pleas): As lead counsel, successfully tried to verdict novel claims brought by a consumer seeking to rescind a mortgage loan under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL); subsequently authored winning appellate brief and argued appeal
DiCostanzo v. Wells Fargo Bank, N.A., No. 040903023 (Phila. Ct. Comm. Pleas): Successfully tried to verdict a consumer claim for rescission of a mortgage loan under the Truth in Lending Act (TILA)
In dozens of cases, defended financial institutions facing Fair Debt Collection Practices Act (FDCPA), TILA, Telephone Consumer Protection Act (TCPA), UTPCPL, Real Estate Settlement Procedures Act (RESPA) and Fair Credit Reporting Act (FCRA) claims.

Credentials

Education

Temple University, Beasley School of Law, J.D., cum laude
Temple University, Fox School of Business and Management, B.B.A., Finance, Real Estate, Economics, magna cum laude

Bar Admissions/Licenses

New Jersey
Pennsylvania

Court Admissions

U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Third Circuit

Memberships

South Asian Bar Association of Philadelphia, President, 2017-Present
Philadelphia Diversity Law Group, Board of Directors, 2017-Present
Philadelphia Bar Association, Board of Governors
Philadelphia Bar Association, Commission on Judicial Selection and Retention, 2019
Holland & Knight Philadelphia Office Recruiting Committee
Holland & Knight Philadelphia Office Local Diversity Initiative, Co-Chair
Barnes Foundation, Young Professionals Leadership Board, 2017-Present
Legacy Youth Tennis and Education, Board of Directors, General Counsel, 2013-2016

Honors & Awards

Philadelphia Business Journal, Best of the Bar, 2022
Philadelphia Business Journal, Millennial Lawyers To Watch, 2017
Leadership Council on Legal Diversity Fellow, 2015
The Legal Intelligencer, Lawyers on the Fast Track, 2014
The Legal Intelligencer, Unsung Hero, 2008

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Nipun J. Patel

Partner

Overview

Representative Experience

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