Matthew Nicholson is a Counsel in the firm’s Litigation practice focusing primarily on complex civil disputes and contested matters and adversary proceedings in bankruptcy court. He has nearly 10 years of high-profile broad-based litigation experience at an Am Law 50 firm.
Mr. Nicholson has served clients in the oil & gas, retail, financial, construction, nuclear energy, gaming and agriculture industries. He has experience in state and federal trial and appellate courts, arbitration and award-enforcement and significant exposure to corporate governance, environmental, bankruptcy, and insurance law.
He brings expertise to all phases of dispute resolution, from complaint drafting, discovery, expert and witness preparation, through pre-trial, trial, appeal and judgment enforcement.
- Represented a trust successor to an independent crude oil and natural gas exploration and production company and affiliated debtors prosecuting claims against an Argentine parent, and former Spanish grandparent. Drafted complaint and opposition to motion to dismiss, supervised discovery and related motion practice, defended satellite litigations (motion to disqualify a law firm; motion for administrative claim by insurance service provider); prepared expert witnesses; contributed to summary judgment motion practice.
- Secured half-billion award obtained in arbitration to enforce revenue-sharing provision of a contract granting Nation exclusive rights to operate gaming facilities in Buffalo-area tribal lands. Prepared all filings before the Western District and Second Circuit Court of Appeals.
- Represented minority group of secured lenders in Bankruptcy Court, New York Supreme Court, and ultimately in arbitration, securing a damages award of nearly $50 million against the majority lender for claims relating to the disposition of collateral upon the borrower's default.
- Represented a North American automotive services company against former executives who sought millions of dollars in additional equity distributions following the company's sale. The North Carolina Business Court dismissed all claims on a motion to dismiss, and the decision was affirmed per curiam by the North Carolina Supreme Court.
- Represented service provider in IAA arbitration defending claims of negligence and gross negligence relating to data breach. Prepared filings, second-chaired depositions and prepared for hearing.
- Deal support -- contributed litigation due diligence to numerous M&A transactions, and prepared correspondence relating to multiple post-closing disputes.
- Contributed to Brief Amici Curiae of Major Cities Chiefs, Association of Prosecuting Attorneys, International Brotherhood of Police Officers, International Association of Chiefs of Police, and Los Angeles City Attorney, supporting petition in United States v. Castleman, No. 12-1371, cited in opinion of Court, 572 U.S. 157 (2014) (Sotomayor, J.).
Pro Bono and Community Involvement
- Represented pro bono clients in New York State Appellate Division proceedings in partnership with Appellate Advocates; prosecuted state court claims on behalf of plaintiff tenant of building burned due to negligence.
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