Ana M. Francisco

Partner

Overview

Ana M. Francisco is a partner and litigation lawyer with Foley & Lardner LLP, where she focuses her practice on complex business disputes and has extensive trial and arbitration experience. Ms. Francisco represents insurers in high-stakes coverage litigation, particularly matters involving coverage for mass tort and environmental pollution claims, as well as advising clients on a host of risk management issues. In addition, Ms. Francisco routinely represents clients in data-breach incident response and investigations. She is a member of the firm’s Insurance & Reinsurance Litigation, Business Litigation & Dispute Resolution, and Privacy, Security & Information Management Practices and the Insurance & Reinsurance Industry Team.

Prior to joining Foley, Ms. Francisco was a partner at Ropes & Gray LLP.

Representative Experience*

  • The Scotts Company LLC v. Liberty Mutual Insurance Company: Obtained summary judgment for Liberty Mutual in action seeking to rescind a settlement agreement based on allegations of fraud, breach of fiduciary duties, and bad faith.
  • London Market Insurers: Second-chaired multiple jury trials involving insurance coverage for environmental pollution claims.
  • Successfully arbitrated disputes involving hundreds of millions of dollars under the Wellington Agreement, the largest private multi-party settlement agreement concerning the application of insurance to asbestos claims. Ms. Francisco was also part of a team that recovered millions in contract damages under Wellington.
  • Conducted an investigation into the possible data intrusion of an e-commerce site, including directing the work of forensic experts and advising on notice obligations under state law and private contracts.
  • Represented a leading card issuer in all aspects of a data security incident response, including directing the investigation, advice on notice obligations, and coordinating with law enforcement authorities.
  • Regularly works with clients and their brokers to develop comprehensive directors and officers insurance programs, and assists clients in presenting and negotiating claims.

*Certain of these matters occurred prior to Ms. Francisco joining Foley & Lardner LLP.

Recognition

In 2016, Ms. Francisco was recognized by The Legal 500 for her work in insurance: advice to insurers. She was named one of the "Top Women of Law" by Massachusetts Lawyers Weekly (2010) and has been selected by her peers for inclusion in The Best Lawyers in America© since 2013 in the field of commercial litigation. She also received the Boston University Public Interest Project Distinguished Alumni Award (2009) as well as the PAIR Project Outstanding Service Award (2009).

Education

Ms. Francisco earned her J.D. from Boston University School of Law (magna cum laude, 1993) where she was editor of the Boston University Law Review. She received her B.A. in business management and finance from Southeastern Massachusetts University (summa cum laude, 1987).

Admissions

Ms. Francisco is admitted to practice in Massachusetts; before the United States Court of Appeals for the First Circuit; and before the United States District Court for the District of Massachusetts, the Southern District of New York, and the Southern District of Ohio.

Languages

Ms. Francisco is fluent in Portuguese.

Representative Matters

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Obtained summary judgment for a leading U.S. property and casualty carrier in litigation filed by a major consumer products company seeking to rescind a settlement agreement entered years earlier and additional coverage for environmental pollution claims. The plaintiffs alleged that they induced to enter into the agreement by our client's misrepresentations regarding the existence of allegedly lost policies, failure to disclose material information, breach of fiduciary duties and bad faith. Following extensive discovery, we were awarded summary judgment in a lengthy opinion examining and ultimately rejecting the legal theories and factual contentions asserted by the plaintiff.
Represented the founders of a technology company in a suit stemming from the acquisition of their company by SS&C Technologies, Inc., a major provider of software and services to the investment management industry. The case involved claims and counter-claims for breach of the stock purchase agreement, including earnout provisions, breach of the founders' employment agreements, and violation of Mass. Gen. Laws chap. 93A.
Represented a leading U.S. property and casualty insurer in a reinsurance arbitration involving asbestos non-products claims. The claims were ceded under successive excess of loss treaties after our client settled long-running coverage disputes with its policyholder. The arbitration focused on disputes over the manner in which the ceded claims were allocated and coverage for litigation expenses.