Barclay Damon
Barclay Damon

John M. Nichols

John M. Nichols

Associate

p: 315-425-2770

f: 315-703-7354

icon_email jnichols@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

John Nichols focuses his practice on commercial litigation and creditors’ rights matters. John advises clients in energy and utilities, manufacturing and remanufacturing, food products, restaurants, commercial and residential lending, banking, advertising, retail, and investment industries. John also has a background in intellectual property matters, including counseling on protection of licensing and ownership rights under the Bankruptcy Code. John offers practical solutions to help clients achieve their business and individual goals while navigating through trials and appeals in federal and New York State courts.

John devotes his time to pro bono activities as an active member of the legal clinic for “Say Yes to Education” and as a small claims arbitrator for the Syracuse City Court, in addition to handling matters from the Onondaga County Bar Association’s Volunteer Lawyers Project. John is a member of the board of directors of the Cayuga/Seneca Community Action Agency, Inc.

Representative Experience

  • Obtained pre-discovery summary judgments on behalf of mortgage lender clients against residential and commercial property owners in disputed foreclosure cases.
  • Represented privately-held investment advisor and its principals facing securities and ERISA claims, arising out of large Ponzi scheme, asserted in various class actions and related actions in federal district court and bankruptcy court in the Southern District of New York. Cases concluded with settlements favorable to clients. 
  • Negotiated settlements favorable to financial planning clients in series of fraud and self-dealing claims arising out of investment securities transactions. 
  • Obtained dismissal of claims against private individual client in dispute over IRA proceeds. 
  • Leveraged counterclaims on behalf of commercial tenant client concluding with favorable settlement of landlord’s lawsuit for non-payment of rent. 
  • Represented privately-held technology company, officers, and directors, leading to summary judgment against claims by prospective suitor for failure to consummate proposed asset purchase transaction, in District of Massachusetts. 
  • On behalf of publicly-held hydropower company, obtained complete dismissal of multi-million dollar dispute over rights to land adjoining waterway. Later obtained unanimous appellate affirmance of dismissal. 
  • Obtained favorable settlement of government agency’s claims of deceptive business practices, fraud, and usury, on behalf of consumer electronics retailers and finance company clients.

Practice Areas

Education

  • Syracuse University College of Law, J.D., Journal of International Law and Commerce, Lead Articles Editor, 2007
  • Middlebury College, B.A., 2003

Admitted To Practice

  • New York, 2008
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York

Memberships & Affiliations

  • New York State Bar Association
  • Northern District of New York Federal Court Bar Association
  • Onondaga County Bar Association

Civic Activities

  • Cayuga/Seneca Community Action Agency, Inc., Board of Directors
  • Onondaga County Bar Association’s Volunteer Lawyers Project
  • Say Yes to Education, Pro Bono Legal Clinic Volunteer
  • Syracuse City Court, Small Claims Arbitrator

Speaking & Publications

  • “Transfer Motions in Patent Cases,” Intellectual Property Law Section of the American Bar Association, Co-Author, March 2010
  • “Transfer Motions in Patent Cases,” Bright Ideas, Intellectual Property Law Section of the New York State Bar Association, Co-Author, Winter 2009
  • “Recent Developments in U.S. Patent Infringement Litigation: Selected Annotated Cases,” New York
    State Bar Association, Intellectual Property Law Section Meeting, Co-Author, January 2009.

Honors

  • Super Lawyers Magazine, 2016, 2017 Rising Star for Creditor Debtor Rights
  • New York State Bar Association, Empire State Counsel® Honoree, 2009-2011

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Welch Allyn, Inc., Law Clerk

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