Overview
Nick litigates and counsels with respect to complex employment disputes, including in relation to antidiscrimination laws, restrictive covenant agreements, executive employment agreements, discipline, discharge, and disability, among other issues, in federal and state courts, administrative agencies, and arbitral fora.
Nick also concentrates on the defense of class actions challenging the administration of health care benefit plans, 401(k) plans, and defined benefit plans. In these matters he regularly litigates and counsels on sophisticated legal issues arising under ERISA, the Affordable Care Act, the Medicare Act, and other laws and regulations, including preemption, claims payment, fraudulent billing, medical necessity coverage determinations, standing, exhaustion, fiduciary duties, disclosure obligations, withdrawal liability, plan termination, and benefit accrual.
Education & Admissions
Rutgers University School of Law - Newark (J.D., 1987)
Harvard College (A.B., 1984), cum laude
Admissions
- New York
- New Jersey
- Florida
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Southern District New York
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District New York
Languages
- Modern Greek
Clerkships
- U.S. District Court for the Middle District of Florida, Honorable Susan H. Black, 1987-1988
Experience
Representative Litigation
- Representing a third party administrator of health care benefit plan against claims of a putative class of individuals for alleged denial of “first dollar” coverage for AIDS medications in violation of ERISA and Affordable Care Act.
- Representing a financial services firm against claims of employment discrimination by a putative class on the basis of race and sex in violation of Title VII and Section 1981.
- Representing a health insurer/administrator against putative class action claims under RICO, the Sherman Act, and ERISA based on alleged payment practices, as well as related investigations by state regulators.
- Representing a global insurer in a putative ERISA class action based on the alleged failure to disclose the risks associated with company stock held by employees in their 401k plans.
- Representing a financial services firm against claims of sex discrimination in pay and promotions by two former sales directors in violation of Title VII and the New York State and City Human Rights Laws.
- Representing a consulting firm in action against a former managing director residing in Milan, Italy for misappropriation of trade secrets.
- Representing a national hotel company in ERISA action by contributing employer to recover contributions allegedly owed to a multiple employer defined benefit pension plan.
- Representing an insurance brokerage firm against claims for malicious prosecution by former brokers.
- Defending a global investment management firm by a member of the firm’s investment management group who departed with members of his team to set up a new, competing fund.
- Representing the estate of a former nuclear power services company in connection with a putative class action under the WARN Act arising out of the company’s bankruptcy.
- Defending a Dutch public company and various subsidiaries in the currency exchange business in connection with a claim for wrongful discharge by the former CEO and minority shareholder of a subsidiary company.
- Representing a consulting firm in a trade secrets dispute in action against a former managing director residing in Paris, France who left to join a competitor.
- Representing a portfolio company of a private equity firm in a series of disputes with three former executives regarding claims for severance benefits under change-in-control agreements.
- Representing a hotel company a lawsuit by a competitor claiming misappropriation of trade secrets.
- Representing a health insurer/administrator and various plans in a putative ERISA class action by a chiropractic provider and plan participants alleging that benefits were improperly denied as “experimental or unproven”.
- Representing an insurer in several multi-district litigation litigations against claims of putative classes of plan subscribers and providers challenging various payment practices under RICO, the Sherman Act, ERISA, and state law.
- Representing an educational institution in a putative ERISA class action by a former faculty member claiming to have been denied pension and welfare benefits due to misclassification as an independent contractor.
News & Resources
Articles
News & Press Mentions
Podcasts
Legal Writings
- Co-Author, New York Enacts Revival Statutes, Renewing Expired Claims for Sexual Assault, (New York Law Journal at p3. August 2, 2022)
- Co-Author, “Recent Guidance and Amendment Shed Light on NYC Salary Disclosure Law,” (New York Law Journal at p3. June 1, 2022)
- Author, “Pros and Cons of Arbitration After Recent FAA Amendments,” (New York Law Journal at p.3, April 6, 2022)
- Author, “New York Mandates Express Employee Consent to Electronic Monitoring,” (New York Law Journal at p.3, February 2, 2022)
- Author, “Accommodating Employees Disabled by “Long COVID,” (New York Law Journal at p.3, December 1, 2021)
- Author, “NLRB’s General Counsel Signals Possible Expansion of Weingarten Rights,” (New York Law Journal at p.3, October 6, 2021)
- Author, “Recent Employment Law Developments in California,” (New York Law Journal at p.3, August 4, 2021)
- Author, “Mandating COVID-19 Vaccinations in the Workplace,” (New York Law Journal at p.3, June 2, 2021)
- Co-Author, “A Shift in Federal Government Priorities For Diversity, Equity and Inclusion,” (New York Law Journal at p.3, April 7, 2021)
- Co-Author, “NYC Bans At-Will Employment For Fast Food Workers,” (New York Law Journal at p.3, February 3, 2021)
- Co-Author, “Restrictions on Employee Change of Jobs: Antitrust Challenges to “Non-Compete” and “No-Poach” Clauses,” (ABA Journal Labor & Employment, Volume 34, No. 2, December 14, 2020)
- Co-Author, “The Duty To Bargain During The COVID-19 Pandemic,” (New York Law Journal at p.3, December 2, 2020)
- Co-Author, “Choice-of-Law Provisions in Restrictive Covenant Agreements,” (New York Law Journal at p.3, October 7, 2020)
- Co-Author, “Marijuana and the Workplace,” (New York Law Journal at p.3, August 5, 2020)
Events & Speaking Engagements
Select Presentations
Professional & Civic
Community Involvement
- Former Co-Chair of Civil Procedure subcommittee, Employment Benefits Committee, ABA’s Section of Labor and Employment
- Member, Trade Secrets Committee, New York City Bar Association
- Former member, Litigation Committee, Labor and Employment Law Committee, Benefits Committee, New York City Bar Association
Accolades

- Chambers USA, Labor & Employment, New York, 2014-2026
- New York Metro Super Lawyers®, 2013-2026
- Lawdragon, 500 Leading Corporate Employment Lawyers, 2012-2026
- Thomson Reuters, “Stand-Out Lawyers,”, 2024-2025
- Benchmark Litigation, "Labor & Employment Star – New York," 2024
- Burton Legal Writing Award, 2019
- Law360, One of four "Health MPVs" in the nation, 2013
