Barclay Damon
Barclay Damon

Michael E. Nicholson

Michael E. Nicholson

Associate

p: 585-295-4436

f: 585-295-8428

icon_email mnicholson@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Michael Nicholson is a member of the firm’s Commercial Litigation and Real Property Tax & Condemnation practice areas. As a broad-based commercial litigator, Michael brings considerable experience counseling corporations in complex disputes, litigating at both the trial and appellate levels in state and federal courts, arguing a wide variety of motions and appellate briefs, representing clients in real property disputes, and handling complex settlement negotiations in all manner of sophisticated matters.

Previously, Michael was a commercial litigator with Harter Secrest & Emery and, in addition to his commercial litigation practice, he has considerable chapter 11 bankruptcy and creditors’ rights experience.

Michael received his law degree from the University of Pittsburgh School of Law and received his undergraduate degree from Hobart College, magna cum laude.

Representative Experience

  • Represented defendant corporation in multiple distinct actions venued in state, federal, and bankruptcy court concurrently with claims totaling approximately $25,000,000, and successfully opposed critical summary judgment motion seeking $10,000,000 in damages and debilitating equitable relief, and won cross-motion dismissing underlying action. 
  • Represented corporations in investigations by New York State Attorney General, obtaining discontinuance of investigation in each case.
  • Represented individuals and municipalities in litigation of real property disputes and Article 78 proceedings, obtaining judgment in favor of client in each case. 
  • Represented regional bank in state court action, obtaining dismissal with prejudice of critical case by commercial borrower raising issues of first impression with respect to lender liability that, if recognized, may have resulted in sweeping exposure for bank on its entire commercial loan portfolio. 
  • Represented regional food manufacturer and distributor throughout successful chapter 11 reorganization, and litigated various motions and claims objections, obtaining relief critical to successful reorganization. 
  • Represented equipment finance company in action against directors of corporate borrower attempting to avoid liability by dissolving and reincorporating while swapping directors. Obtained personal judgments against directors, repossession of collateral, and dismissal of all counterclaims.

Practice Areas

Education

  • University of Pittsburgh School of Law, J.D., 2008
  • Hobart College, B.A., magna cum laude, 2005

Admitted To Practice

  • New York, 2009
  • District of Columbia, 2012
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Bankruptcy Court, Northern District of New York
  • U.S. Bankruptcy Court, Southern District of New York
  • U.S. Bankruptcy Court, Eastern District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Supreme Court

Memberships & Affiliations

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

Civic Activities

  • Law Explorers Regional Mock Trial Competition, Coach

Prior Experience

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