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NickDiCesare

Partner

"It's important to understand our clients' goals and work collaboratively and creatively to achieve them within the bounds of the law and our legal system."

Overview

Biography

As Barclay Damon’s cybersecurity team leader, Nick handles electronic discovery and cybersecurity issues, counsels on best practices to securely maintain electronically stored information, and assists clients in dealing with the legal and business consequences of cybersecurity breaches. Nick additionally concentrates his practice on matters involving commercial litigation, construction and surety, and torts and insurance-defense litigation.

Nick has extensive experience representing businesses, municipalities, and individuals in contractual and business disputes. He regularly represents owners, contractors, and subcontractors in construction matters, from the contracting phase through litigation in both court and arbitration settings.  He has represented financial institutions, businesses, and government entities in class-action litigation and other complex commercial claims. He has represented parties in matters involving state and federal government contracts, including in relation to construction projects and military contracts. He also has substantial experience litigating NY CPLR Article 78 proceedings involving municipalities and various government agencies. He routinely handles complex arbitrations, including matters involving the Federal Arbitration Act and NY CPLR Article 75.

Nick also has significant experience litigating labor and employment matters involving employment-contract disputes, including non-competition and restrictive-covenant enforcement, and he routinely represents employers in administrative proceedings and litigation involving discrimination, wage-and-hour, unemployment, and unfair-labor-practice claims. He also counsels employers on best practices in relation to potential legal issues.

Nick has also represented businesses and individuals in defending personal-injury claims, including injuries on property, auto accidents, and workplace accidents.

Bar Associations

  • Bar Association of Erie County
  • New York State Bar Association
Experience

Representative Experience

  • Represents a variety of entities, including health care organizations, manufacturing businesses, and service companies, in responding to data-security incidents, including with regard to legal notification requirements, responding to government investigations, and addressing potential litigation claims. 
  • Represents municipalities in class-action claims involving alleged constitutional violations.
  • Represents owners, contractors, and subcontractors in relation to construction-contract disputes and lien issues in both court litigation and arbitrations.
  • Defends employers in administrative hearings and litigation challenging the classification of individuals as independent contractors as opposed to employees.
  • Represents companies and employers in administrative processes and litigation involving discrimination claims, including, on a number of occasions, obtaining summary judgment dismissing litigated claims.
  • Represents and counsels individuals and businesses with respect to employment contracts, including restrictive covenants, non-competition covenants, and non-solicitation agreements.
  • Represents retail establishments, businesses, and other property owners in defending against personal injury claims.
  • Represents and counsels financial institutions concerning check fraud and online and mobile banking matters.
  • Successfully negotiated significantly reduced penalties arising from government investigations of cybersecurity breaches.
  • Successfully obtained summary judgment dismissing class action lawsuit against a county involving civil-rights claims under the Fourth Amendment.
  • Represented financial institutions in class-action cases involving alleged violations of the Electronic Fund Transfer Act.
  • Obtained a significant arbitration award on behalf of a client in a construction dispute between the contractor and owner.
  • Obtained summary judgment on behalf of a service company in relation to claims of an oral indemnification agreement and successfully argued to have the decision upheld by the federal Court of Appeals. 
  • Defended municipalities in challenges to zoning ordinances and determinations of town and zoning boards.
  • Represented a private energy company in litigation challenging tax assessments of property.
  • Represented an investment group in arbitration and litigation involving breach-of-contract and breach-of-fiduciary-duty claims and company-control issues.
  • Represented an industrial manufacturer in a breach-of-contract and collection matter.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • US District Court for the Western District of New York to Judge William Skretny, Student Law Clerk

Selected Community Activities

  • University at Buffalo Law Alumni Association, Director
Knowledge

Selected Speaking Engagements

  • Bar Association of Erie County, “What Businesses Should Be Considering in the Cyber Age”
  • Barclay Damon Emerging Issues for Not-For-Profit Health Care and Human Services Providers Conference, “Hot Topics in Cybersecurity for the Health Care Provider: What We Have Learned and What It Means for My Organization (No Matter Its Size)”

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Courtroom Battles Ahead for Emergency Regulations Addressing Vaping-Associated Pulmonary Illnesses

Alerts

Court of Appeals Green Lights Associational Discrimination Lawsuit Under the ADA

Alerts

Federal Appeals Court Strikes Down Contractual Limitation Period for Title VII Claims

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