Mailing Address:

228 Park Avenue South
Suite 97572
New York, New York 10003-1502

Physical Location:

White Plains ,New York

Direct Dial/Text: (914) 539-3347
Fax: (646) 609-8841
Email: fciano@gerberciano.com

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit

Frank defends intricate product liability, commercial, corporate, regulatory, and intellectual property matters. As Chair of the firm’s Product Liability, Fire and Life Science practice, he ensures the firm’s catastrophic injury team is accessible 24/7 to clients, local counsel and experts. His skills are unique in preparing witnesses to tell company history and explain juror-friendly interactive demonstrative exhibits. Frank is able to place himself in the client’s shoes. This comes from real-life experience as an aerospace engineer, designing wing and fuselage structures for air and spacecraft. In this regard, Frank received a bachelor of engineering degree in mechanical engineering with a minor in computer science. He was also previously a registered patent attorney.

Frank’s counsel is sought on matters throughout the United States and Europe. To facilitate his role as national coordinating counsel (for clients from all over the world), Frank has developed a network of highly-skilled regional trial counsel, as well as an extensive network of proven product liability attorneys throughout Europe, Asia, and South America. He maintains close working relationships with the “Five-Star” regional, national and international experts.

Frank implements cost-effective e-technologies to manage company documents, client discovery, expert transcripts, local counsel training, national motions and demonstrative exhibits. He has successfully tackled hundreds of catastrophic cases. These run the gambit from fire, aircraft, children’s products, industrial machinery, vehicles of all types, consumer goods, household appliances, medical devices, food products, outdoor power equipment to gas grills.

Frank’s practice also focuses on complex commercial litigation. He is co-chair of the firm’s Commercial and Corporate Practice Group. He leads a team devoted to “bet the company” commercial lawsuits involving: breach of contract; breach of warranty; violation of various state consumer protection statutes; construction issues: and, intellectual property matters. He counsels clients in the preparation of sales agreements, purchase agreements, distributor agreements and joint venture agreements to minimize their exposure to commercial disputes.

Frank goes beyond merely representing clients in litigation. He leads the firm’s sub-group on Risk and Litigation Avoidance Strategies. His passion for assisting clients in avoiding risk and avoiding the costs of litigation allows them to remain focused on the growth and prosperity of their business. This “risk avoidance” counseling avoids unnecessary attorneys’ fees, costs, expenses, and delays that negatively impact a company’s bottom line. His risk-avoidance counseling assists clients in preparing: owners’ manuals; warnings; instructions; labels; websites; and, warranties. Frank’s practice enables businesses to effectively convey safety information to customers thereby reducing the risk of product liability claims. He believes in minimizing the risk of litigation through well-conceived corporate composition. In this regard, Frank collaborates with international clients, their accountants, and other professionals to plan the most advantageous corporate structure for a U.S. subsidiary. He tailors necessary documents, inter-company agreements, and operating agreements to implement the clients’ business plan with minimized risk. Frank further facilitates all necessary federal, state, and local filings to effectuate these risk-reduction plans.

Frank regularly represents clients before regulatory agencies. These include the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and Environmental Protection Agency (EPA). He believes it is important to transparent engagement with regulators is a prerequisite in shielding clients from unwarranted fines and penalties. In this regard, Frank has managed numerous recalls and worked collaboratively with clients and regulators to preclude recalls. Frank also advises international clients on equivalence compliance between US regulations and the various requirements of the European Union Product Liability and Safety Directives.

Frank enjoys down time with his wife and four daughters. He enjoys golf, sports cars and a good Italian meal.

Full Biography

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit
EDUCATION
  • Hofstra University School of Law, Hempstead, New York, J.D., with distinction, 1990
  • Manhattan College, Riverdale, New York, Bachelor of Engineering Degree, cum laude, May 1986 (Major: Mechanical Engineering, Minor: Computer Science)
HONORS
  • Listed repeatedly, New York Metro Super Lawyers, 2008-2011, 2013-2016
  • Super Lawyers, Corporate Counsel Edition
  • Listed repeatedly, Top Attorneys in New York

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit
  • Federation of Defense and Corporate Counsel
    • Past Vice-Chair, Products Liability Committee
    • Active Member, International Committee
    • Active Member, Corporate Counsel Initiatives Committee
  • ASTM Standards Subcommittee F08.10 for Bicycles
    • Past Membership Secretary
    • Past Subcommittee Chair, Warnings and Instructions
  • Italy-America Chamber of Commerce:
    • Director of the Chamber
  • Claims and Litigation Management Alliance (CLM)

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit
  • Italian

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit
  • Co-Author, “Expert Discovery, Depositions, and Motions to Exclude Experts,” Preparing for and Trying the Civil Lawsuit, 2d Ed., New York State Bar Association, 2016 Rev.
  • Co-Author, “Importing Food Products into the United States,” Polish Consulate White Paper, New York, NY, July 1, 2013
  • Co-Author, “Italian Supreme Court Affirms Position Against Punitive Damages”, Client Update, January 2013
  • Author, “The Rise Of Adaptive Product Litigation,” The Alliance Voice, May 2012
  • Co-Author, “Risk Management: Adaptive Litigation: Easy In, Easy Out?” The Alliance Voice, January 2012
  • Contributing Author, “An Overview of Potential Liability Under the Theories of Product Liability, Warranty, Deceptive and Unfair Trade Practices, and Contract Law, Including a Review of the Recoverable Damages Affecting the Yachting Industry in Italy, the United Arab Emirates, China, England, and the United States,” Strumenti Giuridici per un Mercato Globale, November 2009
  • Author, “So You Want to Enter the U.S. Market: Twelve Simple Steps to Avoid Litigation,” distributed by the European Chamber of Commerce and BrokersLink, November 2011 
  • Co-Author, “Europeans Have Imported More Than Fast Food,” Product Liability Law in Europe, Defense Research Institute, In-House Defense Quarterly, Winter 2007 
  • Author, “Accident and Event Data Recording: An International Review of Legal and Political Implications,” FDCC Quarterly, Vol. 55, No. 3, Spring 2005
  • Co-Author, “Expert Discovery, Depositions, and Motions to Exclude Experts,” Chapter 6, Preparing for and Trying the Civil Lawsuit, Second Edition, New York State Bar Association, 2004

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit
  • Presenter, “Minimizing Liability Exposure,” Generali Global Corporate & Commercial Italy – Generali Italia SpA, Via Meravigli, Italy, January 24, 2017
  • Presenter, “Minimizing Liability Exposure,” AXA Corporate Solutions Italia – Corso Como 17, Milano, Italy, January 26, 2017
  • Presenter, “Minimizing Liability Exposure Through Contracts,” Milan, Italy, November 9, 2016
  • Presenter, “Importing Organic Foods into the United States, Regulations, Compliance Issues and Labeling,” European American Chamber of Commerce, New York, NY, September 30, 2015
  • Co-Presenter, “General United States Medical Device Overview,” Toscana Promozione, London, June 5, 2015
  • Presenter, “Products Liability in the United States Risks,” AON Risk Solutions, June 4, 2015
  • Presenter, “Products Liability Risks and Regulatory Compliance for Companies Doing Business in the U.S.A. — Teamwork for a Profitable Presence in the U.S. Market,” E.M.A.R.C., Italy, June 2, 2015
  • Presenter, “Recent Developments in Aviation Law,” Generali, London, June 1, 2015
  • Co-Presenter, “Fundamentals of Fire Claim Management,” Navigators Insurance, Schaumburg, IL, March 2015
  • Presenter, “Product Liability Litigation in the United States and Strategies to Minimize these Risks,” Mair Research, Milan, Italy, January 23, 2015
  • Presenter, “Romanian Textile Delegation Briefing — Tips & Strategies For Trading In the U.S,” European-American Chamber of Commerce, New York City, September 12, 2014
  • Presenter, “Managing Product Liability, Commercial and Regulatory Risks,” Marsh Risk Consulting & Roncadin S.p.A., Florence, Italy, July 2015
  • Presenter, “Tips & Strategies for Trading in the U.S.,” GLP, Firenze, Italy, July 10, 2014
  • Presenter, “Food and Fashion Opportunita di Business Negli USA,” Confindustria, Florence, Italy, July 8, 2014
  • Presenter, “Managing Product Liability, Commercial, and Regulatory Risks Facing E.U. Companies Exporting in the U.S. — Teamwork for a Profitable Presence in the U.S. Market,” Confindustria Marmomacchine, Milan, Italy, April 1, 2014
  • Presenter, “Complaint Management — Minimizing Product Liability Through Effective Response to Customer Complaints,” National Mobility Equipment Dealers Association (NMEDA) Conference, Reno, NV, February 5, 2014
  • Presenter, “Teamwork for a Profitable Presence in the U.S. Market,” IACC YEX Internationalization Program, New York, NY, December 9, 2013
  • Presenter, “L’esercizio d’impresa negli U.S.A.: considerazioni di diritto commerciale e societario” (“Doing Business in the United States: Commercial and Corporate Considerations”), Confindustria Udine, Udine, Italy, October 24, 2013
  • Presenter, “Maintaining a Profitable Presence in the United States,” Marsh Risk Consulting, Milan, Italy, October 22, 2013
  • Moderator, “Bet the Company Litigation,” Federation of Defense and Corporate Counsel Symposium, Chicago, Illinois, September 18–20, 2013
  • Co-Presenter, “Importing Food Products into the United States,” Polish Consulate, New York, NY, July 1, 2013
  • Presenter, “Insurance, Indemnity, and Liability,” 2013 National Mobility Equipment Dealer Association, Daytona Beach, Florida, February 68, 2013
  • Moderator, “Protecting Your Company’s Intellectual Property,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, Philadelphia, Pennsylvania, September 13, 2012
  • Moderator, “Accountants and Lawyers Professional Liability,” Berkley Facultative Reinsurance Services, Stamford, Connecticut, February 13, 2012
  • Presenter, “Doing Business in the U.S. vs. Europe Series: Trade and Import/Export Issues,” European American Chamber of Commerce New York, New York, New York, June, 19, 2012
  • Presenter, “Doing Business in the United States: Lowering Your Risks and Costs in Thirteen Simple Steps,” Röedl & Partners, Milan, Italy, May 2012
  • Presenter, “Products Liability, Recalls, and Class Actions: Maintaining a Profitable Presence in the United States,” Marsh Risk Consulting, Milan, Italy, February 2012; November 2011
  • Presenter, “So You Want To Enter the U.S. Market: Fourteen Simple Steps to Avoid Litigation,” Milan, Italy, November 2011
  • Presenter, “Doing Business in the United States: Lowering Your Risks and Costs in Fourteen Simple Steps,” Röedl & Partners, Milan, Italy, November 2011
  • Moderator, “Best Practices for In-House Counsel Who Manage Corporate Risk and Litigation — Smart Writing,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, Philadelphia, Pennsylvania, September 2010
  • Presenter, “Post-Sale Duty to Warn,” Door & Access Systems Manufacturers Association International, Chicago, Illinois, June 2010
  • Presenter, “Product Liability Litigation in the United States and Recalls,” Tenneco-Marzocchi, March 2010
  • Presenter, “Saving Money Through Products Liability,” Interbike International Trade Expo, Las Vegas, Nevada, September 2009
  • Presenter, “Product Liability Litigation in the United States; Recalls,” Tenneco, Inc., March 2009
  • Moderator, “Unfamiliar Territory: Foreign Liability Standards and How They May Impact Your Company,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2008
  • Presenter, “Product Liability, Risk Avoidance and CPSC Compliance,” China Pacific Property Insurance Co., Ltd., ING/Pacific-Antai Life Insurance Co., Ltd., Federal Insurance Company Shanghai Branch, Houlder China Insurance Brokers Ltd., Crawford Tino Insurance Surveyors & Adjusters Co., Ltd., AIG General Insurance Company China Limited, and Generali China Insurance Co., Ltd. Beijing and Shanghai, China, February 2008
  • Program Moderator, “Expectations for Depositions in Foreign Jurisdictions,” DRI International Law Committee Webinar, September 2008
  • Presenter, “Taming the Litigation Beast,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2007
  • Presenter, “Examination of Foreign Product Liability Directives and Their Effect on U.S. Corporations,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2007
  • Presenter, “Product Liability Law and Litigation, Accident Investigation, and Strategies to Minimize Product Liability Cost,” Associazione Piccole, Rovigo, Italy July 2007
  • Presenter, “Developing Liability Issues in Europe and China,” Manufacturers Alliance/MAPI Annual Product Liability Conference, Dallas, Texas, May 2007
  • Presenter, “Challenges for Lawyers in Dealing with International Product Liability Cases,” Defense Research Institute’s International Specialized Litigation Group, New Orleans, Louisiana, February 2007
  • Presenter, “Product and Machinery Safety in Europe,” presentation to the Weatherford International Ltd. Group, Houston, Texas, February 2007
  • Presenter, “Product Liability Law and Litigation in the United States and Product Recalls — Fundamentals and Coverage Issues,” Zurich Corporate Global France, Paris, France, January 2007
  • Presenter, “Product Liability Law and Litigation in the United States and Product Recalls — Fundamentals and Coverage Issues,” Societa Reale Mutua di Assicurazioni, Torino, Italy, January 2007
  • Program Moderator, “Meeting Today’s Discovery Challenges; Controlling Discovery and Preventing Abuse; New Discovery Challenges and Developments,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2006
  • Presenter, “Do Not Abuse Potential Clients, Existing Clients, or the Jury,” Defense Research Institute’s Specialized Litigation Group — Discovery Abuse, Products Liability Mega Conference, February 2006
  • Presenter, “U.S.A. — Europe Product Recalls; Two Different Worlds,” Zurich International Italia S.p.A., Milan, Italy, February 2006
  • Presenter, “Effective Use of In-House Engineering Experts,” Federation of Defense and Corporate Counsel, Trial Tactics/Products Liability Section Winter Meeting, March 2006
  • Program Moderator, “Pre-Trial Strategies — Reduce the Risks Before the Jury is Seated,” Federation of Defense and Corporate Counsel Symposium: Best Practices for Litigation Management, Controlling the Risks, the Exposure, and the Costs, September 2005
  • Presenter, “United States Product Liability in Court — A Workshop Obtained from Reality,” Zurich S.p.A., Milan, Italy, April 2005
  • Program Moderator, “Important Aspects of Discovery to Consider When Evaluating Your Case for Mediation,” Defense Research Institute Products Liability Conference, February 2005
  • Presenter, “European Directives — The Protector of the Consumer,” Association of Equipment Manufacturers Conference, January 2005
  • Contributing Presenter, “Directive 2001/95/CE of the European Parliament: The New ‘Umbrella’ Directive Concerning Consumer Protection,” Joint International FDCC/DRI Conference, Barcelona, Spain, May 2004
  • Program Moderator, “Discovery Issues and Abuses — The International Perspective,” Discovery Abuse Specialized Litigation Group, Defense Research Institute Products Liability Conference, February 2004
  • Presenter, “Insurance Coverage and Products Liability Issues in the United States,” Zurich S.p.A., Milan, Italy, February 2004
  • Presenter, “Products Liability Law and Litigation in the United States, and the Development of a Products Liability Prevention Program,” ACIMALL (European trade group for manufacturers of woodworking machines), Milan, Italy, February 2004,
  • Presenter, “Transportation Recall Enhancement Accountability and Documentation (TREAD) Act: Its Obligations and Strategies to Fully Comply,” ANCMA Association Nazionale Ciclo Motociclo Accessori, May 2003
  • Program Moderator, “Discovery Issues and Abuses — The International Perspective,” Discovery Abuse Specialized Litigation Group, Defense Research Institute Products Liability Conference, February 2003
  • Presenter, “Complexity of Compliance with European Liability and Product Safety Directives,” Association of Equipment Manufacturers Conference, January 2003
  • Presenter, “Product Liability,” Agricultural Equipment Technology Conference, February 2002
  • Program Moderator, “Document Retention — I Know They Want to Hang Me, But Do I Have To Bring the Rope?” Defense Research Institute, Product Liability Conference, February 2002
  • Presenter, “How Product Safety Stands Up to the Litigation Process in North America and Europe,” Equipment Manufacturers Institute, October 2001
  • Presenter, “The Accident Investigation: Success Without the Discovery Nightmare,” Defense Research Institute, Product Liability Conference, February 2001
  • Presenter, “Product Performance Evaluation and Investigation System,” Equipment Manufacturers Institute, October 2000
  • Presenter, “Into the New Millennium: Satellite Claims,” Excess Surplus Lines Claims Association, October 1999

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • Pennsylvania
  • Connecticut (1991)
  • U.S. Court of Appeals, Federal Circuit

Loyal Tire v. Town of Woodbury, 445 F3d 136
Frank defended a group of municipal defendants in a suit brought under Federal pre-emption to halt regulation enacted with respect to a towing service. In an opinion written by future US Supreme Court Judge Sotomayer, Frank achieved a partial reversal that led to successful resolution of the matter.

Catapano v. Jiminy Peak Mountain Resort, LLC, US District Court Massachusetts
This case began as a lawsuit brought in the Eastern District of New York by the parents of two minor children who sustained severe injuries in August of 2012 while riding an Alpine Coaster (“Coaster”) manufactured and installed by Wiegand Sports, LLC (“Wiegand) and operated by defendant Jiminy Peak Mountain Resort, LLC (“Jiminy”). The parents asserted various claims including negligence claims against both Jiminy and Wiegand and products liability claims against Wiegand. The case was transferred to Massachusetts by the agreement of the parties. Jiminy and Wiegand filed cross-claims against each other, asserting each entity was obligated to indemnify the other pursuant to language in the parties’ 2007 contract for the purchase and installation of the Coaster and the common law doctrines of contribution and indemnification. Frank successfully achieved indemnity for Wiegand.

Frank defends intricate product liability, commercial, corporate, regulatory, and intellectual property matters. As Chair of the firm’s Product Liability, Fire and Life Science practice, he ensures the firm’s catastrophic injury team is accessible 24/7 to clients, local counsel and experts. His skills are unique in preparing witnesses to tell company history and explain juror-friendly interactive demonstrative exhibits. Frank is able to place himself in the client’s shoes. This comes from real-life experience as an aerospace engineer, designing wing and fuselage structures for air and spacecraft. In this regard, Frank received a bachelor of engineering degree in mechanical engineering with a minor in computer science. He was also previously a registered patent attorney.

Frank’s counsel is sought on matters throughout the United States and Europe. To facilitate his role as national coordinating counsel (for clients from all over the world), Frank has developed a network of highly-skilled regional trial counsel, as well as an extensive network of proven product liability attorneys throughout Europe, Asia, and South America. He maintains close working relationships with the “Five-Star” regional, national and international experts.

Frank implements cost-effective e-technologies to manage company documents, client discovery, expert transcripts, local counsel training, national motions and demonstrative exhibits. He has successfully tackled hundreds of catastrophic cases. These run the gambit from fire, aircraft, children’s products, industrial machinery, vehicles of all types, consumer goods, household appliances, medical devices, food products, outdoor power equipment to gas grills.

Frank’s practice also focuses on complex commercial litigation. He is co-chair of the firm’s Commercial and Corporate Practice Group. He leads a team devoted to “bet the company” commercial lawsuits involving: breach of contract; breach of warranty; violation of various state consumer protection statutes; construction issues: and, intellectual property matters. He counsels clients in the preparation of sales agreements, purchase agreements, distributor agreements and joint venture agreements to minimize their exposure to commercial disputes.

Frank goes beyond merely representing clients in litigation. He leads the firm’s sub-group on Risk and Litigation Avoidance Strategies. His passion for assisting clients in avoiding risk and avoiding the costs of litigation allows them to remain focused on the growth and prosperity of their business. This “risk avoidance” counseling avoids unnecessary attorneys’ fees, costs, expenses, and delays that negatively impact a company’s bottom line. His risk-avoidance counseling assists clients in preparing: owners’ manuals; warnings; instructions; labels; websites; and, warranties. Frank’s practice enables businesses to effectively convey safety information to customers thereby reducing the risk of product liability claims. He believes in minimizing the risk of litigation through well-conceived corporate composition. In this regard, Frank collaborates with international clients, their accountants, and other professionals to plan the most advantageous corporate structure for a U.S. subsidiary. He tailors necessary documents, inter-company agreements, and operating agreements to implement the clients’ business plan with minimized risk. Frank further facilitates all necessary federal, state, and local filings to effectuate these risk-reduction plans.

Frank regularly represents clients before regulatory agencies. These include the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and Environmental Protection Agency (EPA). He believes it is important to transparent engagement with regulators is a prerequisite in shielding clients from unwarranted fines and penalties. In this regard, Frank has managed numerous recalls and worked collaboratively with clients and regulators to preclude recalls. Frank also advises international clients on equivalence compliance between US regulations and the various requirements of the European Union Product Liability and Safety Directives.

Frank enjoys down time with his wife and four daughters. He enjoys golf, sports cars and a good Italian meal.

EDUCATION
  • Hofstra University School of Law, Hempstead, New York, J.D., with distinction, 1990
  • Manhattan College, Riverdale, New York, Bachelor of Engineering Degree, cum laude, May 1986 (Major: Mechanical Engineering, Minor: Computer Science)
HONORS
  • Listed repeatedly, New York Metro Super Lawyers, 2008-2011, 2013-2016
  • Super Lawyers, Corporate Counsel Edition
  • Listed repeatedly, Top Attorneys in New York
  • Federation of Defense and Corporate Counsel
    • Past Vice-Chair, Products Liability Committee
    • Active Member, International Committee
    • Active Member, Corporate Counsel Initiatives Committee
  • ASTM Standards Subcommittee F08.10 for Bicycles
    • Past Membership Secretary
    • Past Subcommittee Chair, Warnings and Instructions
  • Italy-America Chamber of Commerce:
    • Director of the Chamber
  • Claims and Litigation Management Alliance (CLM)
  • Italian
  • Co-Author, “Expert Discovery, Depositions, and Motions to Exclude Experts,” Preparing for and Trying the Civil Lawsuit, 2d Ed., New York State Bar Association, 2016 Rev.
  • Co-Author, “Importing Food Products into the United States,” Polish Consulate White Paper, New York, NY, July 1, 2013
  • Co-Author, “Italian Supreme Court Affirms Position Against Punitive Damages”, Client Update, January 2013
  • Author, “The Rise Of Adaptive Product Litigation,” The Alliance Voice, May 2012
  • Co-Author, “Risk Management: Adaptive Litigation: Easy In, Easy Out?” The Alliance Voice, January 2012
  • Contributing Author, “An Overview of Potential Liability Under the Theories of Product Liability, Warranty, Deceptive and Unfair Trade Practices, and Contract Law, Including a Review of the Recoverable Damages Affecting the Yachting Industry in Italy, the United Arab Emirates, China, England, and the United States,” Strumenti Giuridici per un Mercato Globale, November 2009
  • Author, “So You Want to Enter the U.S. Market: Twelve Simple Steps to Avoid Litigation,” distributed by the European Chamber of Commerce and BrokersLink, November 2011 
  • Co-Author, “Europeans Have Imported More Than Fast Food,” Product Liability Law in Europe, Defense Research Institute, In-House Defense Quarterly, Winter 2007 
  • Author, “Accident and Event Data Recording: An International Review of Legal and Political Implications,” FDCC Quarterly, Vol. 55, No. 3, Spring 2005
  • Co-Author, “Expert Discovery, Depositions, and Motions to Exclude Experts,” Chapter 6, Preparing for and Trying the Civil Lawsuit, Second Edition, New York State Bar Association, 2004
  • Presenter, “Minimizing Liability Exposure,” Generali Global Corporate & Commercial Italy – Generali Italia SpA, Via Meravigli, Italy, January 24, 2017
  • Presenter, “Minimizing Liability Exposure,” AXA Corporate Solutions Italia – Corso Como 17, Milano, Italy, January 26, 2017
  • Presenter, “Minimizing Liability Exposure Through Contracts,” Milan, Italy, November 9, 2016
  • Presenter, “Importing Organic Foods into the United States, Regulations, Compliance Issues and Labeling,” European American Chamber of Commerce, New York, NY, September 30, 2015
  • Co-Presenter, “General United States Medical Device Overview,” Toscana Promozione, London, June 5, 2015
  • Presenter, “Products Liability in the United States Risks,” AON Risk Solutions, June 4, 2015
  • Presenter, “Products Liability Risks and Regulatory Compliance for Companies Doing Business in the U.S.A. — Teamwork for a Profitable Presence in the U.S. Market,” E.M.A.R.C., Italy, June 2, 2015
  • Presenter, “Recent Developments in Aviation Law,” Generali, London, June 1, 2015
  • Co-Presenter, “Fundamentals of Fire Claim Management,” Navigators Insurance, Schaumburg, IL, March 2015
  • Presenter, “Product Liability Litigation in the United States and Strategies to Minimize these Risks,” Mair Research, Milan, Italy, January 23, 2015
  • Presenter, “Romanian Textile Delegation Briefing — Tips & Strategies For Trading In the U.S,” European-American Chamber of Commerce, New York City, September 12, 2014
  • Presenter, “Managing Product Liability, Commercial and Regulatory Risks,” Marsh Risk Consulting & Roncadin S.p.A., Florence, Italy, July 2015
  • Presenter, “Tips & Strategies for Trading in the U.S.,” GLP, Firenze, Italy, July 10, 2014
  • Presenter, “Food and Fashion Opportunita di Business Negli USA,” Confindustria, Florence, Italy, July 8, 2014
  • Presenter, “Managing Product Liability, Commercial, and Regulatory Risks Facing E.U. Companies Exporting in the U.S. — Teamwork for a Profitable Presence in the U.S. Market,” Confindustria Marmomacchine, Milan, Italy, April 1, 2014
  • Presenter, “Complaint Management — Minimizing Product Liability Through Effective Response to Customer Complaints,” National Mobility Equipment Dealers Association (NMEDA) Conference, Reno, NV, February 5, 2014
  • Presenter, “Teamwork for a Profitable Presence in the U.S. Market,” IACC YEX Internationalization Program, New York, NY, December 9, 2013
  • Presenter, “L’esercizio d’impresa negli U.S.A.: considerazioni di diritto commerciale e societario” (“Doing Business in the United States: Commercial and Corporate Considerations”), Confindustria Udine, Udine, Italy, October 24, 2013
  • Presenter, “Maintaining a Profitable Presence in the United States,” Marsh Risk Consulting, Milan, Italy, October 22, 2013
  • Moderator, “Bet the Company Litigation,” Federation of Defense and Corporate Counsel Symposium, Chicago, Illinois, September 18–20, 2013
  • Co-Presenter, “Importing Food Products into the United States,” Polish Consulate, New York, NY, July 1, 2013
  • Presenter, “Insurance, Indemnity, and Liability,” 2013 National Mobility Equipment Dealer Association, Daytona Beach, Florida, February 68, 2013
  • Moderator, “Protecting Your Company’s Intellectual Property,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, Philadelphia, Pennsylvania, September 13, 2012
  • Moderator, “Accountants and Lawyers Professional Liability,” Berkley Facultative Reinsurance Services, Stamford, Connecticut, February 13, 2012
  • Presenter, “Doing Business in the U.S. vs. Europe Series: Trade and Import/Export Issues,” European American Chamber of Commerce New York, New York, New York, June, 19, 2012
  • Presenter, “Doing Business in the United States: Lowering Your Risks and Costs in Thirteen Simple Steps,” Röedl & Partners, Milan, Italy, May 2012
  • Presenter, “Products Liability, Recalls, and Class Actions: Maintaining a Profitable Presence in the United States,” Marsh Risk Consulting, Milan, Italy, February 2012; November 2011
  • Presenter, “So You Want To Enter the U.S. Market: Fourteen Simple Steps to Avoid Litigation,” Milan, Italy, November 2011
  • Presenter, “Doing Business in the United States: Lowering Your Risks and Costs in Fourteen Simple Steps,” Röedl & Partners, Milan, Italy, November 2011
  • Moderator, “Best Practices for In-House Counsel Who Manage Corporate Risk and Litigation — Smart Writing,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, Philadelphia, Pennsylvania, September 2010
  • Presenter, “Post-Sale Duty to Warn,” Door & Access Systems Manufacturers Association International, Chicago, Illinois, June 2010
  • Presenter, “Product Liability Litigation in the United States and Recalls,” Tenneco-Marzocchi, March 2010
  • Presenter, “Saving Money Through Products Liability,” Interbike International Trade Expo, Las Vegas, Nevada, September 2009
  • Presenter, “Product Liability Litigation in the United States; Recalls,” Tenneco, Inc., March 2009
  • Moderator, “Unfamiliar Territory: Foreign Liability Standards and How They May Impact Your Company,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2008
  • Presenter, “Product Liability, Risk Avoidance and CPSC Compliance,” China Pacific Property Insurance Co., Ltd., ING/Pacific-Antai Life Insurance Co., Ltd., Federal Insurance Company Shanghai Branch, Houlder China Insurance Brokers Ltd., Crawford Tino Insurance Surveyors & Adjusters Co., Ltd., AIG General Insurance Company China Limited, and Generali China Insurance Co., Ltd. Beijing and Shanghai, China, February 2008
  • Program Moderator, “Expectations for Depositions in Foreign Jurisdictions,” DRI International Law Committee Webinar, September 2008
  • Presenter, “Taming the Litigation Beast,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2007
  • Presenter, “Examination of Foreign Product Liability Directives and Their Effect on U.S. Corporations,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2007
  • Presenter, “Product Liability Law and Litigation, Accident Investigation, and Strategies to Minimize Product Liability Cost,” Associazione Piccole, Rovigo, Italy July 2007
  • Presenter, “Developing Liability Issues in Europe and China,” Manufacturers Alliance/MAPI Annual Product Liability Conference, Dallas, Texas, May 2007
  • Presenter, “Challenges for Lawyers in Dealing with International Product Liability Cases,” Defense Research Institute’s International Specialized Litigation Group, New Orleans, Louisiana, February 2007
  • Presenter, “Product and Machinery Safety in Europe,” presentation to the Weatherford International Ltd. Group, Houston, Texas, February 2007
  • Presenter, “Product Liability Law and Litigation in the United States and Product Recalls — Fundamentals and Coverage Issues,” Zurich Corporate Global France, Paris, France, January 2007
  • Presenter, “Product Liability Law and Litigation in the United States and Product Recalls — Fundamentals and Coverage Issues,” Societa Reale Mutua di Assicurazioni, Torino, Italy, January 2007
  • Program Moderator, “Meeting Today’s Discovery Challenges; Controlling Discovery and Preventing Abuse; New Discovery Challenges and Developments,” Federation of Defense and Corporate Counsel, Corporate Counsel Symposium, September 2006
  • Presenter, “Do Not Abuse Potential Clients, Existing Clients, or the Jury,” Defense Research Institute’s Specialized Litigation Group — Discovery Abuse, Products Liability Mega Conference, February 2006
  • Presenter, “U.S.A. — Europe Product Recalls; Two Different Worlds,” Zurich International Italia S.p.A., Milan, Italy, February 2006
  • Presenter, “Effective Use of In-House Engineering Experts,” Federation of Defense and Corporate Counsel, Trial Tactics/Products Liability Section Winter Meeting, March 2006
  • Program Moderator, “Pre-Trial Strategies — Reduce the Risks Before the Jury is Seated,” Federation of Defense and Corporate Counsel Symposium: Best Practices for Litigation Management, Controlling the Risks, the Exposure, and the Costs, September 2005
  • Presenter, “United States Product Liability in Court — A Workshop Obtained from Reality,” Zurich S.p.A., Milan, Italy, April 2005
  • Program Moderator, “Important Aspects of Discovery to Consider When Evaluating Your Case for Mediation,” Defense Research Institute Products Liability Conference, February 2005
  • Presenter, “European Directives — The Protector of the Consumer,” Association of Equipment Manufacturers Conference, January 2005
  • Contributing Presenter, “Directive 2001/95/CE of the European Parliament: The New ‘Umbrella’ Directive Concerning Consumer Protection,” Joint International FDCC/DRI Conference, Barcelona, Spain, May 2004
  • Program Moderator, “Discovery Issues and Abuses — The International Perspective,” Discovery Abuse Specialized Litigation Group, Defense Research Institute Products Liability Conference, February 2004
  • Presenter, “Insurance Coverage and Products Liability Issues in the United States,” Zurich S.p.A., Milan, Italy, February 2004
  • Presenter, “Products Liability Law and Litigation in the United States, and the Development of a Products Liability Prevention Program,” ACIMALL (European trade group for manufacturers of woodworking machines), Milan, Italy, February 2004,
  • Presenter, “Transportation Recall Enhancement Accountability and Documentation (TREAD) Act: Its Obligations and Strategies to Fully Comply,” ANCMA Association Nazionale Ciclo Motociclo Accessori, May 2003
  • Program Moderator, “Discovery Issues and Abuses — The International Perspective,” Discovery Abuse Specialized Litigation Group, Defense Research Institute Products Liability Conference, February 2003
  • Presenter, “Complexity of Compliance with European Liability and Product Safety Directives,” Association of Equipment Manufacturers Conference, January 2003
  • Presenter, “Product Liability,” Agricultural Equipment Technology Conference, February 2002
  • Program Moderator, “Document Retention — I Know They Want to Hang Me, But Do I Have To Bring the Rope?” Defense Research Institute, Product Liability Conference, February 2002
  • Presenter, “How Product Safety Stands Up to the Litigation Process in North America and Europe,” Equipment Manufacturers Institute, October 2001
  • Presenter, “The Accident Investigation: Success Without the Discovery Nightmare,” Defense Research Institute, Product Liability Conference, February 2001
  • Presenter, “Product Performance Evaluation and Investigation System,” Equipment Manufacturers Institute, October 2000
  • Presenter, “Into the New Millennium: Satellite Claims,” Excess Surplus Lines Claims Association, October 1999

Loyal Tire v. Town of Woodbury, 445 F3d 136
Frank defended a group of municipal defendants in a suit brought under Federal pre-emption to halt regulation enacted with respect to a towing service. In an opinion written by future US Supreme Court Judge Sotomayer, Frank achieved a partial reversal that led to successful resolution of the matter.

Catapano v. Jiminy Peak Mountain Resort, LLC, US District Court Massachusetts
This case began as a lawsuit brought in the Eastern District of New York by the parents of two minor children who sustained severe injuries in August of 2012 while riding an Alpine Coaster (“Coaster”) manufactured and installed by Wiegand Sports, LLC (“Wiegand) and operated by defendant Jiminy Peak Mountain Resort, LLC (“Jiminy”). The parents asserted various claims including negligence claims against both Jiminy and Wiegand and products liability claims against Wiegand. The case was transferred to Massachusetts by the agreement of the parties. Jiminy and Wiegand filed cross-claims against each other, asserting each entity was obligated to indemnify the other pursuant to language in the parties’ 2007 contract for the purchase and installation of the Coaster and the common law doctrines of contribution and indemnification. Frank successfully achieved indemnity for Wiegand.