Barclay Damon
Barclay Damon

Nicholas J. DiCesare

Nicholas J. DiCesare

Partner

p: 716.566.1524

f: 716.566.4069

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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Nick DiCesare handles a wide range of litigation matters with a particular focus on commercial litigation, construction/surety matters, and other complex litigation, as well as having extensive experience handling torts and insurance defense litigation. In his practice, Nick handles a variety of litigated and administrative matters involving employment and labor issues and counsels employers on best practices in relation to potential legal issues. Nick also maintains a focus on the influence of technology in the legal industry, specifically in the handling of electronic discovery and cybersecurity issues, planning and counseling on best practices to securely maintain electronically stored information and dealing with the legal and business consequences of a cybersecurity breach.

Nick represents all types of businesses, municipalities, and individuals in litigating contractual and business disputes. Nick has substantial experience in litigating NY CPLR Article 78 proceedings involving municipalities and various government agencies and regularly handles complex arbitrations, including matters involving the Federal Arbitration Act and NY CPLR Article 75. In the context of labor and employment issues, Nick has significant experience litigating employment contract disputes, including non-competition or restrictive covenant enforcement, and routinely represents employers in administrative proceedings and litigation involving discrimination, wage and hour, unemployment, and unfair labor practice claims.

Nick also represents financial institutions, businesses, and government entities in class action litigation. He has represented large commercial enterprises in tax assessment litigation, financial institutions in matters involving the UCC Articles 3 and 4, and municipalities, businesses, and individuals in condemnation proceedings. Nick also represents businesses and individuals in defending personal injury claims, including injuries on property, auto accidents, and workplace accidents.

Nick is a Western New York native, graduating from Canisius College with a dual major in criminal justice and psychology and a classics minor. During his time at the University of Buffalo Law School, Nick served as a student law clerk to the Hon. William M. Skretny in the US District Court for the Western District of New York for one year.

Representative Experience

  • Represent municipalities in class action claims involving alleged constitutional violations.
  • Represented financial institutions in class action cases involving alleged violations of the Electronic Fund Transfer Act.
  • Represent construction companies (contractors and subcontractors) in relation to contract disputes and lien issues.
  • Defended an employer in an administrative hearing challenging the classification of an individual as an independent contractor as opposed to an employee.
  • Represent companies/employers in administrative processes and litigation involving claims of discrimination.
  • Represent and counsel individuals and businesses with respect to employment contracts, including restrictive covenants/covenants not to compete/solicit customers.
  • Represented retail establishments, businesses, and other property owners in defending against claims.
  • Defended municipalities in challenges to zoning ordinances and determinations of town/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/breach of fiduciary duty claims and company control issues.
  • Represent and counsel financial institutions concerning check fraud and online/mobile banking matters.
  • Represented an industrial manufacturer in a breach of contract/collection matter.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., magna cum laude, 2004
  • Canisius College, B.A., summa cum laude, 2001

Admitted To Practice

  • New York, 2005
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Court of Federal Claims

Memberships & Affiliations

  • Erie County Bar Association
  • New York State Bar Association

Speaking & Publications

  • "Cyber Liability Insurance: Pitfalls in Coverage, " SHIEC Member Newsletter, December 1, 2017
  • "Ransomware: What Is It, How Do You Avoid It, and What Do You Do If Attacked?," Barclay Damon Legal Alert, July 2017
  • "Federal Court Affirms Broad Protection for Employee’s Use of Social Media," Barclay Damon Legal Alert, May 2017
  • "New Cybersecurity Regulations May Apply to Companies That do Business with NYS-Chartered Or Licensed Banks, Mortgage Bankers, Insurance Companies, and Others," Barclay Damon Legal Alert, March 2017
  • "New York State Department of Financial Services Finalizes Cybersecurity Regulations," Barclay Damon Legal Alert, March 2017
  • "Cybersecurity Insurance - Considerations for Health Care Providers, Higher Education Institutions, and Their Lenders," Barclay Damon Legal Alert, February 2017
  • "Second Circuit Takes Expansive View of Employer Obligations Under the FMLA," Barclay Damon Legal Alert, February 2017
  • "Cybersecurity Update - What to Look for in 2017," Barclay Damon Legal Alert, January 2017
  • "Presidential Commission Report on Cybersecurity and What It Might Mean for Your Business," Barclay Damon Legal Alert, December 2016
  • “What Businesses Should Be Considering in the Cyber Age,” June 2016, August 2016
  • "Hearst Interns Misclassification Claim Rejected," Barclay Damon Legal Alert, August 2016
  • “Hot Topics in Cybersecurity for the Health Care Provider: What We Have Learned and What It Means for My Organization (No Matter Its Size),” Barclay Damon Emerging Issues for Not-For-Profit Health Care and Human Services Providers, June 9, 2016
  • "Cybersecurity Update - The FTC and Class Actions," Barclay Damon Legal Alert, March 2016
  • "Is Your Intern an Employee - Redux," Barclay Damon Legal Alert, January 2016

Prior Experience

  • Hiscock & Barclay, LLP, Partner

Alerts