Frank M Falcone
Frank.Falcone@kennedyslaw.com
+1 973 573 1392
Download contact card
Profile
Education
- Seton Hall University School of Law, JD
- Lehigh University, BA (cum laude)
Frank is a partner in the New Jersey office whose practice includes the representation of insurance companies in complex coverage litigation. He handles disputes in state and federal courts nationwide involving general liability, commercial property and casualty, product contamination and recall, employment practices liability and professional liability. His work spans both high stakes litigation and strategic counseling, giving insurers a comprehensive advocate who understands the full lifecycle of coverage disputes.
Beyond his insurance practice, Frank represents corporate clients across the country in a wide range of commercial and employment matters. He has extensive experience litigating, mediating, and arbitrating employment discrimination claims, labor and union related disputes, wage and hour actions and trade secret and restrictive covenant cases. He also conducts sensitive workplace investigations, providing clients with clear, defensible findings and practical guidance.
Frank’s practice further includes advising businesses on risk management, policy development, and day to day operational issues. He regularly counsels corporate clients on strategies to avoid litigation, resolve internal disputes, and strengthen compliance frameworks. He drafts and negotiates contracts, assists with governance and operational decisions, and serves as a trusted advisor to leadership teams navigating both routine and high impact challenges.
Qualifications and admissions
- New Jersey
- New York
- US District Court for the District of New Jersey
- US District Court for the Eastern and Southern Districts of New York
- US Court of Appeals for the First Circuit
Work highlights
- Secured summary judgment and prevailed on appeal in a coverage dispute involving the Designated Premises Limitation Endorsement and rescission based on material misrepresentation, achieving a complete victory that reinforced key underwriting protections for the insurer.
- Obtained summary judgment for both primary and excess carriers in a complex coverage action centered on the Designated Ongoing Operations Exclusion, resulting in a decisive ruling that eliminated exposure for multiple layers of coverage.
- Obtained summary judgment for an environmental consulting firm in a multi‑million‑dollar environmental contamination lawsuit. The decision has since been cited by courts for the principle that released claims may encompass future claims that mature after a settlement agreement, expanding the protective scope of negotiated releases.
- Drafted and revised critical employment documents, including comprehensive employee handbooks, severance agreements, and work‑for‑hire agreements, ensuring compliance, clarity, and alignment with evolving legal standards.
- Conducted numerous confidential workplace investigations, delivering clear, defensible findings and actionable guidance to employers facing allegations of discrimination, harassment, retaliation, and other sensitive workplace issues.
- Defended employers in a wide range of employment disputes, including claims of wrongful termination, harassment, discrimination, and unfair discipline, navigating matters through administrative proceedings, mediation, and litigation.
- Litigated complex insurance coverage disputes involving high‑exposure claims, competing carrier obligations, and intricate policy interpretation issues across multiple lines of coverage.
- Handled equitable litigation involving restrictive covenants, including the pursuit and defense of temporary and permanent injunctions in non‑compete, non‑solicitation, and trade secret matters, protecting clients’ business interests and competitive positioning.
Presentations and publications
- “Liability crossroads -understanding coverage for grave injuries under New York labor law,” In-House Client Training (June 2025)
- “Lessons learned from the largest claims of the 21st century,” In-House Client Training (May 2025)
- “Best practices for hiring and managing employees for your new business,” In-House Client Training (March 2025)
- “2024 Employment Law Update,” In-House Client Training (August 2024)
- Co-author, “Salary threshold increase for exempt employees begins Monday,” published for Kennedys (June 2024)
- Co-author, “The FTC strikes down most non-compete clauses,” published for Kennedys (April 2024)
- “Successfully navigating policy limit demands,” In-House Client Training (February 2023)
- Co-author, “New Jersey’s new pre-suit policy disclosure requirement,” published for Kennedys (October 2022)
- Co-author, "Two New Jersey decisions provide guidance on policy reformation," published for Kennedys (February 2022)
- Co-author, "The future of COVID-19 risk and regulatory enforcement: a cross-jurisdictional review," published for Kennedys (January 2022)
Construction and engineering
Insurance and reinsurance