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NicoleMastrocinque

She | Her | Hers

Associate

"Practicing law requires creativity, dedication, passion, and persistence—qualities I bring to each client."

Overview

Biography

Nicole concentrates her practice on complex litigation involving commercial disputes, intellectual property, and data privacy. She advises and represents a broad range of clients—from start-ups to Fortune 500 companies—in both state and federal courts.

With a strong litigation background, Nicole guides clients through a wide array of legal challenges. Her experience includes matters involving breach of contract, breach of fiduciary duty, fraud, tortious interference, director and officer liability, unfair competition, trade secret misappropriation, and licensing disputes. She also handles patent and trademark litigation in federal courts.

Nicole drafts litigation documents and dispositive motions from case commencement through judgment or settlement; negotiates pre-litigation resolutions; and presents oral arguments before both trial and appellate courts. She also has experience in alternative dispute resolution, including arbitration and mediation.

In the area of data privacy and cybersecurity, Nicole represents businesses facing first- and third-party losses arising from data breaches, service interruptions, theft, and other cyber threats. She defends companies in litigation stemming from data security incidents, including class action lawsuits.

Bar Associations

  • Northern District of New York Federal Court Bar Association

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
Experience

Prior Experience

  • US Customs and Border Protection, Office of Trade, Regulations and Rulings Department, Attorney-Advisor
  • Economic Justice Clinic, Legal Intern
  • Exoneration Project, Legal Intern
  • Rivkin Radler LLP, Summer Associate
  • US Attorney’s Office, Eastern District of New York, Law Clerk
     

Selected Honors

  • Best Lawyers: Ones to Watch in America®: Commercial Litigation, 2025
  • Selected to Super Lawyers Upstate New York Rising Stars: Business Litigation, 2024
Knowledge

Selected Speaking Engagements

  • US Department of Commerce, Office of General Counsel, Commercial Law Development Program, “The Legal Framework of Informal Agency Rulemaking” 

Selected Media

  • New York Law Journal, "Who Decides If a Dispute Is Arbitratable?"
  • New York Law Journal, Decisions of Interest, "Case Dismissed, Causes of Action Was 'Unintelligible Conspiracy Theory'"
  • Kendall Hunt Publications, “Johnson & Johnson: A Crisis Over Baby Powder"

Featured Media

Alerts

New York PSC Grants 30-Day Extension for NYSERDA to File First Bulk Energy Storage Solicitation

Alerts

Supreme Court Broadens Scope of Religious Exemption From State Regulation

Alerts

Senate Changes to Tax Bill Fall Short of Saving Credits for Clean Power

Alerts

Late Service in Court of Claims Defeats CVA Refiling—Third Department Affirms Strict Jurisdictional Requirements

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Naeelah Murray, Nicole Davis, Kelly Smith, Marcos Calcano, and Frank Senior—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Supreme Court Declines to Clarify Impact of Uninjured Class Members on Class Certification—For Now