Frank Talbott

Overview

Frank has close to a decade of experience defending companies facing consumer and environmental litigation in federal and state courts across the country. He also regularly advises retailers and online marketplaces regarding risk mitigation related to consumer and e-commerce issues.

Frank leads the defense of both threatened and filed consumer fraud claims for retailers and other companies from start to finish. This includes both class action and individual matters that address a wide range of issues, including pricing, advertising, product claims, and consumer agreements, among others.

Frank also has deep experience in defending environmental litigation. He defends companies facing nuisance claims stemming from alleged emissions of odors and particulates from facilities and has defended civil enforcement and public interest litigation related to alleged violations of environmental statutes.

Clients consistently rely on Frank when facing significant litigation. Some of his major case work includes having served as national counsel for a major hotel chain, coordinating and leading litigation for its franchised properties throughout the country, and as a leader for a waste services company in class action litigation. Additionally, he was a key member of a team tasked with defending a Class I railroad in high-stakes claims across numerous jurisdictions related to allegations of property damage and personal injuries.

Before entering private practice, Frank spent three years clerking in the United States District Court for the Eastern District of Virginia, first for United States District Judge David J. Novak during Judge Novak’s tenure as a magistrate judge, where Frank gained experience related to judicially mandated settlement conferences, and then for District Judge Henry E. Hudson, where he focused on motions practice and trial work. Before attending law school, Frank served on the staffs of former United States Senator John W. Warner and former United States Congressman Eric Cantor.

Experience

Consumer and Product Litigation

Experience prior to joining Hunton:

Led the defense of world’s largest secondary ticket marketplace in a proposed class action in which plaintiffs alleged fraud related to failure to provide refunds for events that were canceled or postponed in response to the coronavirus pandemic. Matter resolved after defeat of class certification.
Defeated class certification on behalf of manufacturer of premium water treatment equipment in a case in which plaintiffs alleged the defendants deceptively sold them water treatment systems after creating the false impression that their home water supply was unsafe to drink.
Defended private equity firm in litigations related to an investment in a solar panel retailer and allegations of fraud related to consumer purchases. Led defense that obtained the dismissal of more than 20 individual actions.
Defended class action alleging Racketeer Influenced and Corrupt Organizations Act (RICO) violations.
Led defense of numerous online retailers in threatened and filed class actions related to strike-through pricing.
Defended Fortune 150 retailer in multidistrict litigation involving over 20 nationwide and state class actions and attorney general enforcement litigation related to allegedly deceptive labeling on motor oil.
Defended Fortune 150 retailer in consumer class actions and attorney general enforcement litigation related to allegedly deceptive pricing.
Defended multinational company that produces and markets cement and ready-mix concrete in a class action related to allegedly defective concrete.

Environmental Litigation

Defending petroleum company in a private nuisance, trespass, and negligence class action related to allegations of odors and particulates.

Experience prior to joining Hunton:

Defended American multinational automaker in public and private nuisance class action lawsuit seeking damages related to odors from a painting facility adjacent to the main assembly plant. Defeated class certification.
Defended Fortune 200 manufacturer in a public and private nuisance class action lawsuit seeking damages and injunctive relief related to alleged dust from a paper mill. Briefed and argued class certification opposition. Briefed and obtained summary judgment on monetary damages.
Defended waste services company in public and private nuisance class action lawsuits in numerous jurisdictions in which plaintiffs sought damages related to landfill odors.
Defended landowner in a civil enforcement action by the Department of Justice alleging a violation of the federal Clean Water Act related to wetland disturbance. Briefed and argued successful motion to dismiss claims.
Defended Class I railroad under numerous federal environmental statutes. Led briefing that defeated a request for temporary restraining order and preliminary injunction seeking to halt the rebuilding of lines in the wake of a natural disaster.

Accolades

Honors & Recognitions

Recognized as One to Watch for Mass Tort Litigation/Class Actions – Defendants (2021–2025), Personal Injury Litigation – Defendants (2024–2025), and Product Liability Litigation – Defendants (2024–2025), The Best Lawyers in America
Recommended for Transport: Rail and Road – Litigation and Regulation (2022), Legal 500 United States