Nicholas D. Fram

Nicholas D. Fram

Nicholas D. Fram (he/him/his) is a litigation partner in the San Francisco office of Munger, Tolles & Olson.

His practice focuses on high-stakes complex commercial litigation, internal investigations, and mass torts.  He excels at helping companies navigate their most challenging and high-profile problems, and distilling complex situations into straightforward and relatable narratives.

Mr. Fram also has substantial experience with technology companies.  He has developed an expertise in laws applicable to data scraping and has published on the topic.

Prior to joining the firm, Mr. Fram clerked for Judge Michael A. Chagares of the U.S. Court of Appeals for the Third Circuit and Judge George B. Daniels of the U.S. District Court for the Southern District of New York.

Mr. Fram grew up in San Francisco and is active in the community. He is on the Board of Directors of the Bar Association of San Francisco’s Barristers Club. He served on the general counsel team for the San Francisco Blue Ribbon Panel on Transparency, Fairness and Accountability in Law Enforcement, coordinating and conducting a year-long investigation into institutionalized bias in the San Francisco Police Department. The investigation involved more than 40 attorneys at eight law firms and resulted in a 250-page report with 81 recommendations on improving police practices and oversight in San Francisco. Mr. Fram is also on the Board of Support for Families of Children with Disabilities, a San Francisco-based non-profit.

Mr. Fram earned his J.D. from UC Berkeley School of Law, where he was elected Order of the Coif and served as notes and comments editor of the California Law Review. He earned his M.A. in international policy and his B.A. with honors in public policy from Stanford University. In 2010, Mr. Fram completed an internship in the United Nations International Criminal Tribunal for Rwanda in Arusha, Tanzania. He also co-authored A Union of Amateurs: A Legal Blueprint to Reshape Big-Time College Athletics.

Experience

Key Representations

Technology

  • LinkedIn, in an action against a website scraping and selling LinkedIn data. The representation led to a consent judgment in LinkedIn’s favor that permanently bars the defendant from scraping LinkedIn and ordered it to destroy all the data it obtained.
  • Quotient Technology, Inc., in several actions against data scrapers. The representations led to default or consent judgments that bar defendants from scraping Quotient.
  • Various technology companies in investigations, counseling and litigation involving platform protection, data scraping, and employee misconduct.

Financial Services

  • A consortium of large lenders in successfully defeating a $600 million clawback action asserted by the GM bankruptcy estate. The representation resulted in a settlement under which the firm’s clients paid nothing and recovered a significant portion of their attorney fees.
  • Morgan Stanley in obtaining a unanimous award requiring a former employee to repay an outstanding promissory note in full, plus interest and attorneys’ fees, and rejecting $9 million in counterclaims.
  • A private equity fund in a breach of contract action involving novel aspects of California law.
  • A student lender in a breach of contract action in Delaware Chancery Court.
  • A real estate developer in a breach of contract action.

Complex Litigation and Investigations

  • Obtained summary judgment on behalf of the Northbridge Companies, a New England-based owner/operator of assisted living facilities, in a private equity dispute with a former business partner.  Nick wrote and argued the winning summary judgment motion.
  • Southern California Edison in complex-designated, mass tort litigation filed by over 100 plaintiffs claiming injuries based on exposure to stray voltage.
  • A healthcare provider in a successful appeal to the Ninth Circuit in a case involving corporate governance issues.
  • The University of California in successfully defeating a petition for writ of mandate in a student discipline matter.
  • Several national law firms in legal malpractice actions.
  • Various clients in litigation involving competition claims and business torts.
  • Various clients in internal investigations involving employee misconduct.

Pro Bono

  • The San Francisco Blue Ribbon Panel on Transparency, Fairness and Accountability in Law Enforcement in an internal investigation of bias in the SFPD, resulting in a 250-page report and 81 recommendations.
  • Two Guatemalan minors in successfully obtaining asylum.
  • Amicus briefs in immigration cases in the Fourth and Ninth Circuits.
  • An individual alleging unconstitutional nomination to a terrorism watchlist.
  • An elderly woman facing eviction from her home.