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.
In particular, Mr. Fram has developed an expertise in wildfire litigation. He is one of the primary attorneys representing PG&E in civil litigation arising from the 2021 Dixie Fire, the largest single-origin fire in California history. He also represents Hawaiian Electric in litigation arising out of the 2023 Maui wildfires. Mr. Fram has a deep understanding of utility company operations, which he uses to help clients develop litigation strategy.
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 served on the Board of Directors of the Bar Association of San Francisco’s Barristers Club. He was on the general counsel team for the San Francisco Blue Ribbon Panel on Transparency, Accountability, and Fairness 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 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
Complex Litigation and Investigations
- One of the lead attorneys representing Hawaiian Electric in the investigations and civil litigation arising from the 2023 Maui wildfires. His work included preparing the CEO for congressional testimony as well as helping lead the defense of the dozens of civil lawsuits that have been filed.
- One of the lead attorneys working for PG&E on the investigations and civil litigation stemming from the Dixie Fire, the largest single-origin fire in state history.
- 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.
- Southern California Edison in complex-designated, mass tort litigation filed by over 100 plaintiffs claiming injuries based on exposure to stray voltage. MTO won a complete victory at summary judgment on the bellwether claims and successfully defended that victory on appeal, leading the remaining plaintiffs to drop their suits.
- A healthcare provider in a successful appeal to the Ninth Circuit in a case involving corporate governance issues.
- A national retailer in prosecuting antitrust claims against suppliers who fixed prices.
- 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.
Technology
- An online service provider, in an action against a website scraping and selling the provider’s site data. The representation led to a consent judgment in the provider’s favor that permanently bars the defendant from scraping the provider’s site 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.
Pro Bono
- The San Francisco Blue Ribbon Panel on Transparency, Accountability, and Fairness 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.
Education
-
UC Berkeley School of Law (J.D., 2012) Order of the Coif; notes & comments editor, California Law Review
-
Stanford University (M.A., 2007)
-
Stanford University (B.A., with honors, 2006)
Clerkships
- Judge Michael A. Chagares, U.S. Court of Appeals, Third Circuit, 2013-2014
- Judge George B. Daniels, U.S. District Court, Southern District of New York, 2012-2013
Bar Admissions
- California
Experience
Key Representations
Complex Litigation and Investigations
- One of the lead attorneys representing Hawaiian Electric in the investigations and civil litigation arising from the 2023 Maui wildfires. His work included preparing the CEO for congressional testimony as well as helping lead the defense of the dozens of civil lawsuits that have been filed.
- One of the lead attorneys working for PG&E on the investigations and civil litigation stemming from the Dixie Fire, the largest single-origin fire in state history.
- 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.
- Southern California Edison in complex-designated, mass tort litigation filed by over 100 plaintiffs claiming injuries based on exposure to stray voltage. MTO won a complete victory at summary judgment on the bellwether claims and successfully defended that victory on appeal, leading the remaining plaintiffs to drop their suits.
- A healthcare provider in a successful appeal to the Ninth Circuit in a case involving corporate governance issues.
- A national retailer in prosecuting antitrust claims against suppliers who fixed prices.
- 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.
Technology
- An online service provider, in an action against a website scraping and selling the provider’s site data. The representation led to a consent judgment in the provider’s favor that permanently bars the defendant from scraping the provider’s site 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.
Pro Bono
- The San Francisco Blue Ribbon Panel on Transparency, Accountability, and Fairness 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.
News
Industries
Education
-
UC Berkeley School of Law (J.D., 2012) Order of the Coif; notes & comments editor, California Law Review
-
Stanford University (M.A., 2007)
-
Stanford University (B.A., with honors, 2006)
Clerkships
- Judge Michael A. Chagares, U.S. Court of Appeals, Third Circuit, 2013-2014
- Judge George B. Daniels, U.S. District Court, Southern District of New York, 2012-2013
Bar Admissions
- California