FRANK FAVIA is an accomplished litigator who brings a unique set of skills to his clients, having formerly served as the executive vice president and general counsel of a private equity backed financial services company with over 10,000 employees across the country. He handles a diverse range of civil litigation matters in arbitration and in trial and appellate courts across the country.
In his former role as general counsel, Frank led a legal department of over 200 lawyers, compliance professionals, and staff and was a member of the company’s executive leadership team..
M&A/Private Equity Litigation
Frank is a leader of Sidley’s private equity litigation group. He routinely represents public companies and private equity firms in significant M&A litigation. He has successfully handled dozens of 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 firms to represent their portfolio companies in significant disputes and investigations and to implement litigation avoidance strategies.
Frank frequently advises public company and private equity clients in M&A transactions on issues involving litigation risk and due diligence, employment restrictive covenants, 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.
Other Commercial Litigation and Disputes
Frank has represented a diverse range of clients in other commercial litigation and disputes matters in arbitrations and 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, real estate disputes, and commercial real estate foreclosures. Frank routinely represents clients in emergency litigation, including prosecuting and defending claims for preliminary injunctive or other relief.
Frank has represented public and private companies in dozens of matters involving 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.
In the bankruptcy context, Frank represented a Chapter 7 trustee in the investigation of alleged breaches of fiduciary duties and fraudulent transfers. He also 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, mass panel, and putative class action lawsuits for a diverse range of clients, including in the financial services, insurance, healthcare, and other industries. He currently serves as lead national defense counsel for a private equity firm in prescription opiate federal multidistrict and state mass panel litigation. He represented a Fortune 50 company in complex federal multidistrict litigation and related, consolidated litigation in Illinois state court involving claims for alleged fraud, negligence, and other torts under various states’ laws. He has also 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 automotive, healthcare, and financial services industries. Frank has also assisted 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.