Overview
Richard Nicholson focuses his practice on complex commercial litigation in federal and state courts across the country and also represents clients in arbitrations and mediations. He has a particular emphasis on healthcare litigation, and has experience representing clients in disputes involving claims payment, ERISA, RICO, and Sherman Act issues. His other work includes representing clients in disputes involving the securities laws, breach of contract, breach of fiduciary duty, business appraisal, product liability, and consumer protection statutes.
In addition to his healthcare practice, Richard also represents clients in the healthcare, pharmaceutical, private equity, food distribution, securities, manufacturing, real estate and telecommunication sectors.
During law school, Richard was Senior Articles Editor for Fordham Law Review, and received The Parchomovsky-Siegelman Student Graduation Prize for Best Student Note.
Results
- Represented a leading health insurer in a long-running ERISA case in which a provider alleged that the insurer improperly calculated the reimbursement of certain out-of-network claims; defeated all of provider’s claims following a two-week bench trial*
- Represented a leading health insurer in successful, precedent-setting ERISA appeal to the Fifth Circuit that reversed district court’s award damages to out-of-network hospital*
- Represented software and claims processing company and private equity fund in statutory appraisal action brought by hedge funds; prevailed after five-day bench trial*
- Represented leading fast-casual restaurant chain in securities class action alleging fraud after series of food-borne illness outbreaks; prevailed on motion to dismiss*
- Represented a major pharmaceutical company in products liability class action following recall of over 480,000 bottles of generic atorvastatin; defeated plaintiffs’ motion for class certification*
- Represented investment fund in dispute over exercise of warrants for growing technology company; won motion for summary judgment on liability*
- Represented a major natural foods distributor in breach of contract dispute before AAA tribunal as part of expedited arbitration proceeding; prevailed after eight-day arbitration hearing*
- Represented private equity fund and metal component manufacturer facing competing New York and Delaware shareholder breach of fiduciary duty class actions; prevailed at class certification in New York, and settled favorably in Delaware*
*Matter handled prior to joining McDermott
Credentials
Education
Fordham University School of Law, JD, magna cum laude, Order of the Coif, 2013
Brown University, BA, 2007
Courts/Agencies
US District Court for the Southern District of New York
US District Court for the District of Colorado
Admissions
New York
New Jersey
