Nicole L. Castle provides legal counsel on complex civil and criminal antitrust litigation. She regularly represents clients in complex, multidistrict class action antitrust litigation alleging Sherman Act violations. She also defends mergers and acquisitions before the US Department of Justice (DOJ) and Federal Trade Commission (FTC). Nicole counsels clients on strategies for addressing cartel prosecutions and defenses, from the inception of government investigations to the initiation of civil class action litigation.
Nicole regularly assists clients in developing practical, efficient and cost-effective solutions for the management, production and storage of electronically stored information.
Additionally, Nicole represents clients in government investigations before the FTC and DOJ. She provides antitrust counseling on transactions, including counseling under the Hart-Scott-Rodino Act, advising on permissible pre-closing activities, defending transactions before the FTC or DOJ, and responding to Second Requests and Civil Investigative Demands.
Nicole’s experience extends to health care antitrust and pricing and distribution issues. She has represented health care providers in transactions, government investigations and litigation, and has defended hospital mergers before the FTC. In addition to healthcare, she has represented clients in a wide variety of industries including pharmaceuticals, consumer products, defense and aerospace, and food.
In addition, Nicole is committed to pro bono representation. She has served as a court-appointed guardian ad litem for a child in a custody dispute and has represented pro bono clients seeking guardianship of neglected children.
Prior to joining the Firm, Nicole was an intern at the FTC where she assisted with antitrust investigations and litigation.
Defended Mars, Incorporated in a multi-district class action price-fixing litigation, winning summary judgment for Mars, Incorporated (In re Chocolate Confectionary Antitrust Litigation)
Defended Stora Enso North America in a multi-district class action price-fixing litigation and in a criminal trial against the Department of Justice. After a five-day trial, the jury returned a verdict of not guilty
Successfully defended hospital systems in several class actions alleging nurse wage-fixing conspiracy claims
Successfully defended Lockheed Martin against monopolization and tortious interference claims involving aftermarket service on P-3 aircraft
Currently defending Impax Laboratories, Inc. in multidistrict litigation involving allegations that generic pharmaceutical manufacturers conspired to increase the price of generic drugs digoxin and doxycycline in violation of Section 1 of the Sherman Act
Currently defending Eagle Materials Inc. and American Gypsum Company LLC in a multidistrict litigation arising from allegations that defendants conspired to fix the price of gypsum wallboard in violation of Section 1 of the Sherman Act
Courts / Agencies
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.