Nolan B. Tully

Associate Philadelphia
nolan.tully dbr.com
Phone: (215) 988-2975
Fax: (215) 988-2757

About

Nolan B. Tully advises clients in the insurance and financial services industries in litigation, regulatory and compliance matters. He represents insurers with respect to regulatory compliance issues, policy, insurance benefits, policy lapses, bad faith and fraud. In litigation, Nolan has represented clients on issues relating to policy lapses, the secondary market for life insurance, premium financing, fraud, and stranger-originated life insurance (STOLI).

Nolan’s practice is also focused on long-term care insurance. Nolan has assisted carriers in resolving issues relating to suitability, premium rate increases, developing antifraud programs, HIPAA, regulatory compliance and coverage issues. He has also assisted clients with audits of various processes and procedures, including claims handling and HIPAA compliance.

Prior to joining Drinker Biddle, Nolan worked as a law clerk for the Hon. Eduardo C. Robreno at the United States District Court for the Eastern District of Pennsylvania. He worked extensively on the administration of MDL-875, the asbestos products liability multidistrict litigation assigned to Judge Robreno.

Experience

Nolan has represented several insurers in declaratory judgment actions seeking to have STOLI policies declared void ab initio. He has also represented insurers in alleged fraud and Ponzi scheme cases, RICO cases, and cases alleging claims related to false or fraudulent sales practices.

Nolan advises his creditor clients on various regulatory and compliance issues. In representing creditors, Nolan has advised clients on issues relating to statutes of limitations debts, collectability issues, issues relating to expired judgments, FDCPA compliance and Consumer Financial Protection Bureau compliance. He has also represented clients with respect to privacy and cyber liability compliance issues including data breach response programs and Gramm-Leach-Bliley Act.

Nolan represents clients in appellate courts throughout the country, including the Delaware Supreme Court, the Florida Supreme Court and the New York Appellate Division. He represented clients in cases in the United States Courts of Appeals for the Third, Ninth and Eleventh Circuits in cases involving:

  • Insurance bad faith
  • Lapses of life insurance policies
  • STOLI
  • Claims pursuant to RICO
  • Financial fraud

Nolan represents insurers, managing general agents, employers and the business associates in all facets of information privacy and security compliance, issues that arise in connection with breaches, as well as in the defense of information privacy and security related claims and coverage matters. He has assisted clients by developing and implementing privacy and security compliance plans in connection with the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, HITECH, and other laws. Nolan also has helped insurers and other clients who routinely handle personal information.

Nolan represents software industry clients in disputes arising from software implementations, alleged software defects and licensing issues. Through these representations, he has gained knowledge in ERP software implementation project management. Nolan counsels clients on project management issues during on-going software implementations and concerning warranty claims and defect resolution. He is well versed in the relationships between software developers, systems integrators, and other third parties involved in software licensing and implementation.

Credentials

Bar Admissions

  • Massachusetts
  • New York
  • Pennsylvania

Education

  • Villanova University School of Law, J.D., 2008, cum laude, Villanova Environmental Law Journal
  • University of Pennsylvania, B.A., 2005

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Eastern District of Pennsylvania

Organizations

  • Intercompany Long Term Care Insurance Conference, Legal Compliance and Regulatory Track, Co-Chair (2014-2016)
  • Long Term Care International Forum, Organizing Committee (2015-2016)
  • City Year Greater Philadelphia, Associates Board, Co-Chair
  • South of South Neighborhood Association Economic, Development Committee