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MichaelNicholson

Partner

"Crafting simple approaches to complex situations, I represent clients in high-stakes trial and appellate litigation throughout the country."

Overview

Biography

A broad-based commercial litigator, Michael concentrates his practice on representing clients in the energy industry on complex real property tax disputes, providing litigation services and strategic counseling and handling settlement negotiations across the country on a variety of sophisticated matters. He has a national practice with experience working on multimillion-dollar tax assessment litigation for the firm’s clients in New York, California, Texas, Michigan, North Carolina, Massachusetts, and other states on both fossil fuel and renewable energy facilities as well as commercial properties. 

In addition to his real property tax litigation practice, Michael has considerable experience counseling corporations in commercial disputes, litigating at both the trial and appellate levels in state and federal courts. He also has Chapter 11 bankruptcy and creditors’ rights experience.

Bar Associations

  • Monroe County Bar Association
  • New York State Bar Association
  • Onondaga County Bar Association

Selected Memberships & Affiliations

  • Federalist Society
Experience

Representative Experience

  • Represented a defendant corporation in multiple distinct actions in state, federal, and bankruptcy courts concurrently, with claims totaling approximately $25 million. Successfully opposed a critical summary judgment motion seeking $10 million in damages and debilitating equitable relief, and won the cross-motion dismissing the underlying action.
  • Represented corporations in investigations by the NYS Attorney General, obtaining the discontinuance of investigations in each case.
  • Represented individuals and municipalities in the litigation of real-property disputes and Article 78 proceedings, obtaining judgment in favor of the client in each case.
  • Represented a regional bank in state court action, obtaining dismissal with prejudice of a critical case by a commercial borrower, raising issues of first impression with respect to lender liability that, if recognized, may have resulted in sweeping exposure for the bank on its entire commercial-loan portfolio.
  • Represented a regional food manufacturer and distributor throughout a successful Chapter 11 reorganization and litigated various motions and claims objections, obtaining relief critical to successful reorganization.
  • Represented an equipment-finance company in an action against directors of a corporate borrower attempting to avoid liability by dissolving and reincorporating while swapping directors. Obtained personal judgments against the directors, repossession of collateral, and the dismissal of all counterclaims.

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Harter Secrest & Emery LLP, Associate

Selected Community Activities

  • Law Explorers Regional Mock Trial Competition, Coach

Featured Media

Alerts

Education Department's Office for Civil Rights Issues Q&A on Title IX Sexual Harassment Regulations

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New York State Office of Renewable Energy Siting Regulations Challenged by Host Communities and Local Interest Groups

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New York State Department of Labor Issues HERO Act Guidance

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US Department of Education Applies Bostock v. Clayton County to Title IX Enforcement

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Court Finds Malpractice and Public Health Law § 2801-d Actions Have Same Conscious Pain and Suffering Criteria

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Complaint Alleging Nurse's Error Sounds in Medical Malpractice Only, Not Ordinary Negligence

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