Barclay Damon
Barclay Damon

Nicholas J. DiCesare

Nicholas J. DiCesare

Partner

p: 716.566.1524

f: 716.566.4069

icon_email ndicesare@barclaydamon.com
icon_download Vcard

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 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, in particular in relation to the handling of electronic discovery and cyber security issues, both planning and counseling on best practices to securely maintain electronically stored information and dealing with the legal and business consequences of a cyber security 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 (in regards to which he has litigated 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 (in particular in relation to 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, has represented large commercial enterprises in tax assessment litigation, has represented financial institutions in matters involving the UCC (in particular, UCC Articles 3 and 4), and has represented 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 work-place accidents.

Nick is a native of Western New York. He graduated from Canisius College, where he was a dual major in Criminal Justice and Psychology with a minor in Classics. During his time in law school at the University of Buffalo, Nick had the opportunity and pleasure to serve for a year as a student law clerk to the Hon. William M. Skretny in the US District Court for the Western District of New York.

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 employer in administrative hearing challenging classification of 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 in relation to 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 private energy company in litigation challenging tax assessments of property.
  • Represented 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 industrial manufacturer in breach of contract/collection matter

Practice Areas

Education

  • SUNY Buffalo Law School, 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

  • “New York’s Highest Court Requires Strict Compliance with Prior Written Notice Statute,” Hiscock & Barclay Legal Alert, May 2009
  • “New York’s Highest Court Addresses Whether Consumer Acceptability of an Alternative Design is an Element of a Negligent Design Claim,” Hiscock & Barclay Legal Alert, January 2009
  • “Is Consumer Acceptability of an Alternative Design an Element of a Negligent Design Claim?” Hiscock & Barclay Legal Alert, May 2008
  • “Award for Future Pain and Suffering Survives Plaintiff’s Sudden Death,” Hiscock & Barclay Legal Alert, October 2007
  • “United States Supreme Court Rules on Punitive Damage Awards,” Hiscock & Barclay Legal Alert, April 2007
  • “Notes of Interest on Recent New York Legislation: An Act Regarding the Damages Available in a Wrongful Death Action,” Hiscock & Barclay Legal Alert, April 2007
  • “An Act for Wrongful Injury or Death of a Companion Animal,” Hiscock & Barclay Legal Alert, April 2007
  • “Second Circuit Opines on Attorney-Client Privilege in Government Context,” Hiscock & Barclay Legal Alert, January 2007
  • “Limited School Disciplinary Records Held Discoverable in Personal Injury Action Arising from Conflict between Students,” Hiscock & Barclay Legal Alert, January 2007
  • “Statutory Damages under Public Health Law § 2801-d Augment Potential Recovery in Nursing Home Cases,” Hiscock & Barclay Legal Alert, April 2006

Prior Experience

  • Hiscock & Barclay, LLP, Partner

Alerts