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 representation of plaintiffs and defendants in state and federal courts, as well as in arbitration proceedings before the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA) and Judicial Arbitration and Mediation Services (JAMS). Mr. Patel has also led and argued numerous appeals in state and federal court.

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)
  • Defending a national bank in a putative class action alleging mortgage servicing violations
  • Defending multiple putative class actions filed under the Telephone Consumer Protection Act (TCPA)
  • Schraven v. Phelan Hallinan Diamond & Jones, LLP, No. 15-3397 (E.D. Pa.): Obtained dismissal with prejudice of a putative class action alleging novel theory of liability under the Fair Debt Collection Practices Act (FDCPA)
  • Todd v. US Bank, NA, No. 15-1279 (E.D. Pa.): Obtained dismissal with prejudice of a putative class action brought under the FDCPA
  • Kevin Parrish v. Verizon Pennsylvania, Inc., 2:12-cv-05575 (E.D. Pa.): Convinced district court to strike with prejudice a nationwide class claims in putative Fair Labor Standards Act (FLSA) collective action brought by service technician 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 (IT) 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

  • 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
  • On multiple occasions in jurisdictions throughout the country and before regulatory bodies, represented global pharmaceutical and healthcare companies in defending putative whistleblower claims brought by current and former employees under the Sarbanes-Oxley Act (SOX) and state law
  • 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 specialty pharmacy company, successfully defended against trade secret and breach of contract/restrictive covenant claims filed in Maryland and North Carolina
  • 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

  • Successfully tried securities fraud claims on behalf of a well-known investment adviser to verdict before a Financial Industry Regulatory Authority (FINRA) arbitration panel
  • On behalf of 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): 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)
  • Wells Fargo Bank, N.A. v. DiCostanzo, No. 355 EDA 2010 (Pa. Super. Ct. 2010): Authored winning appellate brief in case where a consumer sought reversal of foreclosure default judgment on novel grounds, including alleged failure of lender to plead compliance with U.S. Department of Housing and Urban Development (HUD) regulations
  • 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
  • The 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, 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

Publications

Speaking Engagements

News