FRANK FAVIA practices primarily in the areas of commercial litigation and disputes, class action defense, and government and internal investigations. He handles a diverse range of civil litigation matters at the trial and appellate levels in federal and state courts across the country.
Frank formerly served as the executive vice president and general counsel of a leading financial services company that is one of the largest retail mortgage lenders in the United States. In that role, Frank led a legal department of over 200 lawyers, compliance professionals, and staff and was a member of the company’s executive leadership team. Frank draws on that perspective and his ability to see the big picture to guide his clients’ litigation strategies.
M&A/Private Equity Litigation
Frank routinely represents public companies and private equity funds in significant M&A litigation. These matters often involve M&A post-closing disputes related to working capital, earn-outs, purchase price adjustments, representations and warranties, indemnification, and alleged fraud. Frank has significant experience representing buyers in bringing claims under representation and warranty insurance policies. Frank is also frequently retained by private equity funds to represent their portfolio companies in significant disputes and investigations and to implement litigation avoidance strategies.
Frank frequently advises on M&A transactions for public company and private equity clients regarding litigation risk and due diligence, as well as the negotiation and drafting of terms bearing on post-closing disputes.
Frank brings a unique and commercially driven approach to his M&A and private equity litigation practice, having led significant M&A deals while serving as a general counsel of a private equity backed company with over 10,000 employees.
Employment and Restrictive Covenant Litigation
Frank represents public and private companies in the prosecution and defense of employment restrictive covenants, including non-competition and non-solicitation covenants, as well as claims for trade secret misappropriation, unfair competition, breach of fiduciary duty, and tortious interference.
Frank has also represented clients in connection with claims asserted under the federal Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law.
Frank frequently advises on M&A transactions in connection with restrictive covenant and other employment related issues.
Other Commercial Litigation and Disputes
Frank has represented a diverse range of clients in other commercial litigation and disputes matters at the trial and appellate levels in federal, state, and bankruptcy courts. He recently represented clients in litigation matters that included, among other claims and issues, contract disputes, business tort claims, labor and employment issues, claims for breach of fiduciary duty and fraud, and commercial real estate foreclosures.
In the bankruptcy context, Frank recently represented a Chapter 7 trustee in the investigation of alleged breaches of fiduciary duties and fraudulent transfers. He also recently represented the majority owner of a company in bankruptcy in a contested matter in which the owner was alleged to have made fraudulent misrepresentations and to have received fraudulent transfers.
Multidistrict and Class Action Litigation
Frank has handled multidistrict and putative class action lawsuits for a diverse range of clients, including companies in insurance and financial services and other industries. Most recently, he represented a Fortune 50 company in complex multidistrict federal litigation and related, consolidated litigation in Illinois state court involving claims for alleged fraud, negligence, and other torts under various states’ laws. Frank also recently represented clients in putative class actions filed in federal courts in the Northern District of Illinois, Southern District of New York, Southern District of California, and Central District of California, as well as a putative class action filed in Washington state court. These actions have included, among other claims and issues, alleged violations of the federal Telephone Consumer Protection Act, the federal Trust Indenture Act and alleged violations of fiduciary duties and other states’ laws.
Government and Internal Investigations
Frank has significant experience conducting internal investigations and representing targets of government investigations and enforcement proceedings. He has conducted investigations in the United States and abroad on behalf of public and private companies in a variety of industries, including the automobile, healthcare, and financial services industries. Frank also has experience assisting clients in the development of policies for compliance with the U.S. Foreign Corrupt Practices Act (FCPA); he has counseled clients on these policies, along with FCPA enforcement and compliance matters generally, as well as on other investigations issues.
Clerkship and Educational Background
Frank served as a judicial law clerk for the Honorable Wayne R. Andersen in the U.S. District Court for the Northern District of Illinois. He graduated magna cum laude from the University of Illinois College of Law, where he served as Managing Editor for the University of Illinois Law Review. He received his undergraduate degree from Northwestern University. He has also completed executive education coursework in corporate finance and accounting at Northwestern University’s Kellogg School of Management.