Overview

Nipun J. Patel is a partner and trial lawyer in Holland & Knight's Philadelphia office who focuses his practice on a wide variety of complex litigation matters. Mr. Patel has a broad range of experience representing national and multinational companies in complex litigations, including a variety of commercial, data privacy, financial services, employment, restrictive covenant and putative class action matters. His in-depth experience includes first chair trial responsibility representing plaintiffs and defendants in state and federal courts nationwide, as well as before regulatory bodies and arbitration panels. Mr. Patel has also led and argued numerous appellate matters in state and federal courts.

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, including violations of the Drivers Privacy Protection Act (DPPA)
  • Led defense of a national bank in a putative class action alleging violations of the Americans with Disabilities Act (ADA)
  • 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) based on the Rooker-Feldman doctrine
  • Todd v. US Bank, NA, No. 15-1279 (E.D. Pa.): Obtained dismissal with prejudice of a putative class action brought under the FDCPA based on the Rooker-Feldman doctrine
  • 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.): Obtained complete dismissal of fraud, negligence and conspiracy claims arising out of commercial distribution agreement
  • Checker Cab Phila., Inc. v. Uber Techs., Inc., No. 14-7265 (E.D. Pa. 2015): Defeated a motion for preliminary injunction 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
  • 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, global and multinational company who was customer of the same public utility
  • Represented a global advertising and media company as plaintiff in a commercial contract dispute and defended against alleged multimillion-dollar tortious interference claims
  • Represented global pharmaceutical company in complex commercial dispute arising out of a multi-million dollar asset purchase agreement

  • Convinced the Occupational Safety and Health Administration (OSHA) that dismissal with prejudice of putative Sarbanes-Oxley Act (SOX) whistleblower complaint filed against a pharmaceutical company was warranted without any fact-finding hearing; received affirmance of that decision by administrative law judge
  • Obtained, on multiple occasions, temporary restraining orders, preliminary and/or permanent injunctions against former employees who were in violation of post-employment restrictive covenants
  • Represented employers 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; includes in more than 80 cases in federal and state courts throughout the country
  • Reported opinions in discrimination/retaliation cases, include: Remp v. Alcon, No. 13-cv-6407, 2016 U.S. Dist. LEXIS, (E.D. Pa.) (entering summary judgment on age, gender, IIED and retaliation claims); Cellucci v. RBS Citizens, N.A., 987 F. Supp. 2d 578 (E.D. Pa. 2013) (entering summary judgment on age discrimination and retaliation claims and striking plaintiff's sham affidavit); Sharp v. Verizon Delaware LLC, No. 11-1209, 2014 WL 350089 (D. Del. Jan. 31, 2014) (entering summary judgment on plaintiff's race discrimination and retaliation claims); Blackshear v. Verizon, DE, LLC, No. 11-1036, 2011 WL 5116912 (E.D. Pa. Oct. 27, 2011) (dismissal with prejudice of race discrimination claims)
  • Routinely counsel and advise employers on restrictive covenant agreements, employee handbooks and workplace policies
  • Represented, in multiple occasions in jurisdictions throughout the country, global pharmaceutical companies and healthcare services companies in defending putative whistleblower claims brought by current and former employees

  • Successfully tried securities fraud claims on behalf of a well-known investment adviser to verdict before a Financial Industry Regulatory Authority (FINRA) arbitration panel
  • Lesley Banks v. Beneficial Consumer Discount Co., Case No. 081103799 (Phila. Ct. Comm. Pleas), aff'd on appeal, No. 1236 EDA 2013 (Pa. Super. Ct. 2013): 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; 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
  • Saba v. Equifax, et. al., No. 11-cv-07025 (D.N.J.): Negotiated a walk away resolution of a Fair Credit Reporting Act (FCRA) lawsuit following limited pre-trial discovery
  • Perez v. Wells Fargo Home Mortgage, No. 09-cv-0947 (E.D. Pa.): Obtained monetary sanctions for discovery abuses and later a summary judgment against plaintiff asserting FCRA claim
  • Zebrowski v. Wells Fargo Bank, N.A., 07–cv–05236, 657 F.Supp.2d 511 (D.N.J. 2009) and 2010 WL 2595237 (D.N.J. Jun 21, 2010): Defeated multiple lender liability claims predicated on novel theories under New Jersey common law and consumer protection statutes; successfully argued motion for judgment on the pleadings and summary judgment motion

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
  • 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