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. Ana 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, Ana 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, Ana was a partner at another leading international firm.
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. Ana 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 matters handled prior to joining Foley.
Awards and Recognition
- Recognized by The Legal 500 in 2016 for her work in insurance: advice to insurers
- Named one of the “Top Women of Law” by Massachusetts Lawyers Weekly (2010)
- Selected by her peers for inclusion in The Best Lawyers in America© since 2013 in the field of Commercial Litigation
- Received the Boston University Public Interest Project Distinguished Alumni Award (2009) as well as the PAIR Project Outstanding Service Award (2009)
Languages
- Portuguese (fluent)