Nicholas Menasché is a partner practicing in the Firm’s litigation department, with significant experience in commercial, intellectual property, antitrust, and bankruptcy litigation, as well as SEC enforcement actions and internal investigations. He regularly appears in federal, state, administrative, and arbitration proceedings, successfully prosecuting and defending public and private companies, as well as individuals, from, among others, the financial, telecommunications, real estate, retail, and restaurant industries. Mr. Menasché is also well-versed in the latest electronic discovery issues, often counseling clients on best practices for preserving, collecting, and producing information in response to subpoenas and document demands, including working with various e-discovery vendors to manage large discovery projects while achieving timely and cost-sensitive solutions.
Before joining DelBello Donnellan, Nicholas began his career at the international firm, Shearman & Sterling LLP, where he defended financial institutions such as Citigroup, Bank of America, Barclays Bank PLC and various companies’ officers and directors in securities and antitrust class action litigation, and later as a partner at Robinson Brog, a respected New York City law firm. While attending law school, Nicholas externed for U.S. Second Circuit Court of Appeals Judge Sonia Sotomayor, who is now a sitting Justice on the United States Supreme Court.
Education
- Pace University School of Law, J.D., summa cum laude, 2006
- Valedictorian, School of Law Faculty Award
- Executive Promotions Editor, Pace Law Review
- Pace University School of Law Trustee Scholarship
- Drew University, B.A., Political Science, summa cum laude, 1999
- Phi Beta Kappa
- Pi Sigma Alpha (political science honor society)
Bar Admissions
- State of New York, 2007
Court Admissions
- United States District Court for the Southern District of New York, 2008
- United States District Court for the Eastern District of New York, 2009
Representative Matters
- Successfully prosecuting through trial and appeal foreclosure of a fraudulently-transferred property on behalf of debtor entity in bankruptcy adversary involving spurious allegations of forgery of the $5,300,000 note and mortgage
- Representing major sign manufacturer in litigation alleging breaches of fiduciary duty against company’s chief executive officer and achieving favorable settlement
- Representing 49% minority member, as claimant, in arbitration for breach of fiduciary duty against majority members of limited liability company for mismanagement of a commercial property and failure to pay a required preferential return, and obtained favorable buyout
- Representing various trademark owners in infringement actions and privately-resolved disputes
- Representing major contact lens online retailer in a variety of matters, including as a third party in FTC and follow-on class action litigation against 1-800 Contacts, Inc. concerning anti-competitive conduct involving “paid search” online advertising
- Representing investment companies and broker dealers in responding to SEC subpoenas and investigations
- Suing former employee of e-cigarette company in Nevada state court for violation of non-compete agreement and other restrictive covenants
- Securing $700,000 judgment and decision for highly-regarded New York restaurant in federal trademark and trade dress infringement dispute against California defendants where the Court’s jurisdiction was challenged
Professional Affiliations
- Member, Committee on State Courts of Superior Jurisdiction, New York City Bar Association (2015-2018, 2021 – present)
- Panel Member, The Art of the Pleading CLE Program, New York City Bar Association (Dec. 2017)
- Panel Member, Q&A with Hon. Sonia Sotomayor, Pace University School of Law (Nov. 2012)
- Author, Recording Industry Missteps: Suing Anonymous Filesharers as a Last Resort, 26 Pace L. Rev. 273 (2005)