Pascal Naples

Associate
Pat is a litigator who assists companies in protecting their contractual rights and trade secrets, with a focus on health care matters, like ERISA and managed care litigation, as well as disputes involving non-competes and employee mobility.
Pat Naples, Associate, ArentFox Schiff

Pat is an advocate for clients embroiled in high-stakes litigation. He assists clients in a range of industries, but frequently aids clients with health care matters, like ERISA and managed care litigation, as well as disputes involving trade secrets, non-competes, and employee mobility.

Pat understands the need to balance aggressive protection of contractual rights and trade secrets with sound business judgment. In that vein, he navigates clients through difficult government and internal investigations. Where necessary, Pat also assists clients in moving quickly to protect their interests, often through injunctive relief. And when clients have suffered losses, Pat works to secure monetary relief through settlement or by trying the case to verdict.

Pat works with clients at every stage of the litigation process. He has tried cases to verdict as first chair, argued appeals before state supreme courts and federal appellate courts, and settled cases outside the courtroom as lead counsel.

Before entering private practice, Pat clerked for Special Master Lisa Hamilton-Fieldman at the US Court of Federal Claims and served in the Office of Staff Counsel for the US Court of Appeals for the Fourth Circuit. He also interned for the Honorable Samuel Der-Yeghiayan of the US District Court for the Northern District of Illinois.

Client Work

Investigations

Recent representative investigations with which Pat has been involved include:

  • Represented government contractor in an internal investigation, subsequent Department of Defense investigation, and related litigation under the False Claims Act, following a whistleblower complaint, culminating in no findings of liability and dismissal of suit. See Irazola v. Fors Marsh Grp., No. 1:19-CV-554, 2019 WL 3294900 (E.D. Va. June 28, 2019).
  • Represented pharmaceutical manufacturer in internal investigation in response to a subpoena issued by the Department of Justice pursuant to the Health Insurance Portability and Accountability Act (HIPAA), navigating antitrust concerns, as well as potential liability under the False Claims Act and Anti-Kickback Statute.

Trials

Recent representative trials with which Pat has been involved include:

  • Successfully tried claim to enforce settlement agreement in decade-long construction dispute as first chair, resulting in judgment imposing fines and award of attorneys’ fees. See City of Stamford v. Ten Rugby Street, LLC, No. FST-CV11-6011306-S, 2022 WL 1566777 (Conn. Super. Ct. May 18, 2022). 
  • Represented multinational government contractor in hotly contested litigation to enforce restrictive covenants, including non-compete and no poaching clauses, and to secure the protection of confidential information and trade secrets.
  • Successfully tried premises-liability dispute as first chair on behalf of convenience-store chain, resulting in no-liability finding. See Dzurenda v. Cumberland Farms Inc., No. HHD-CV20-5063495-S (Conn. Super. Ct.).
  • Represented individual in ERISA trial, in which plan participant alleged that individual owed more than $70M in underfunding and penalty obligations.

Appeals

Recent representative appeals with which Pat has been involved include:

  • Argued municipal tax appeal before the Supreme Court of Connecticut on behalf of nonprofit housing provider, successfully persuading Court, in unanimous decision, to recognize nonprofit’s real property as tax-exempt. See Rainbow Housing Corp. v. Town of Cromwell, 340 Conn. 501 (2021).
  • Appointed as amicus counsel by US Court of Appeals for the Fourth Circuit to brief and argue on behalf of employee appealing district court order dismissing wrongful termination suit, generating settlement on the eve of oral argument. 
  • Retained as appellate counsel to represent small business owner convicted of immigration fraud before US Court of Appeals for Ninth Circuit, successfully persuading Court to vacate sentence, despite appellate waiver in plea agreement, without oral argument. See United States v. Guntipally, 735 F. App’x 432 (9th Cir. 2018).

Alternative Dispute Resolution

Recent ADR matters with which Pat has been involved include:

  • Represented dialysis provider in managed care related arbitrations against health care networks, seeking to recover damages for breach of network agreements.
  • Represented multiple nonprofits as lead counsel in multi-year lease dispute negotiations, ultimately avoiding litigation and securing favorable settlements.

Publications, Presentations, & Recognitions

Presentations

  • Business & Property Contracts in the Coronavirus Crisis, Greater New Haven Chamber of Commerce (Apr. 23, 2020) (Panelist)
  • Knick v. Township of Scott, Home Builders & Remodelers Ass’n of Conn. Developers’ Forum (Jan. 9, 2020) (Panelist)
  • Client Counseling in Appeals, George Washington University School of Law (Fall 2019, Spring 2020) (Guest Lecturer)

Recognitions

  • Super Lawyers: Rising Star (Business Litigation, Connecticut) 2020-2021
  • Best Lawyers: Ones to Watch (2021-2023)
  • Super Lawyers: Rising Star (Business Litigation, Washington, DC) 2019
  • Capital Pro Bono Honor Roll: High Honors (2017-2020)
  • Wake Forest University School of Law:
    • Order of the Coif
    • Order of the Barristers
    • Editor, Wake Forest Law Review
    • Champion, 2012 Edwin M. Stanley Moot Court Competition
    • CALI Awards:  Antitrust, Business Organizations, Civil Procedure I, Complex Commercial Litigation, Legislative and Administrative Law, Torts