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I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program
Morgan is a tenacious advocate and litigator with extensive experience representing clients in the healthcare and financial services industries.
Morgan takes the time to understand her clients’ businesses, and presents efficient solutions that resolve disputes and align with their goals. She draws on over a decade of courtroom and litigation experience to help clients meet challenges, resolve business disputes, and manage risk and compliance considerations that impact their success.
I lead the firm’s Healthcare Dispute Resolution Team, advising clients on pre-litigation compliance counseling, dispute resolution, litigation, government investigations, and corporate restructurings across the country. I have delivered successful results for hospitals and hospital associations in New Hampshire, New York, and Texas through administrative agency litigation against the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS).
Throughout the COVID-19 pandemic, I counseled hundreds of companies on compliance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Economic Aid Act, and related legislation, including the Paycheck Protection Program (PPP) and the Provider Relief Fund (PRF). I represent clients in administrative litigation regarding these programs against the Small Business Administration (SBA), CMS, and HHS. I advise on the risks of distributing COVID-19 vaccines and the immunity protection available pursuant to the Public Readiness and Emergency Preparedness (PREP) Act.
I represent Chapter 11 debtors, creditors, and other parties in complex bankruptcy litigation. My work includes the contested confirmation trials of Energy Future Holdings Corp. in Delaware, where I litigated and tried claims for $1 billion in principal and interest, and a contested adversary proceeding involving client Lehman Brothers Holdings, Inc. I frequently represent clients in the healthcare industry as both debtors and creditors. I also co-chair the Boston Bar Association (BBA) Bankruptcy Steering Committee and serve on the board of directors for the New England Chapter of the International Women’s Restructuring and Insolvency Confederation (IWRIC).
I represent companies in connection with contract disputes, business torts, employment claims, and other commercial and financial matters.
I defend companies and individuals under investigation by governmental agencies, including U.S. and state attorney general offices, the Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).
I draw on over ten years of experience at Nixon Peabody and the experience and talent of more than 600 attorney colleagues to develop strategic legal solutions for clients. If I am unable to answer your question, I know the attorney who can.
I represent healthcare providers, and I anticipate the industry will continue to be distressed next year as increased expenses and revenue cycle issues persist. The industry is long overdue for a market correction, and providers are increasingly willing to exercise their legal rights and remedies against payors. In its most recent term, the U.S. Supreme Court has shown that it is no longer willing to provide unlimited deference to government agencies, such as those that regulate healthcare providers. I expect providers will take advantage of this shift and challenge unfavorable reimbursement and other policies in 2023.
New York City Corporate partner Rick Cox, a member of NP’s Tax team, Albany Government Investigations & White-Collar Defense partner Tina Sciocchetti, and Boston Complex Disputes partner Morgan Nighan contributed this article, discussing the several recent and significant developments affecting the employee retention credit, a tax credit established by the CARES Act in response to the COVID-19 pandemic.
This article covers how the Supreme Court’s recent Chevron ruling could affect the healthcare industry. Boston Complex Disputes partner Morgan Nighan is quoted in the coverage, discussing background on the Chevron Doctrine and how it was fundamental to policy creation. Morgan also discusses how the Chevron Doctrine came into play during COVID-19 for the distribution of CARES Act funds, as well as how the SCOTUS ruling will likely result in a significant increase in litigation and create uncertainty and instability since there may no longer be a uniform interpretation of a law or rule.
The following article covers a federal judge’s ruling in New Hampshire that the state’s “divisive concepts” law—restricting what can be taught in public schools about diversity, equity, and inclusion—violates the constitutional rights of educators. Boston Complex Disputes partner Morgan Nighan is quoted in the coverage for representing the National Education Association of New Hampshire. The NP team representing the plaintiffs also includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo and counsel Amy Spencer.
The following article covers a federal judge’s ruling in New Hampshire that the state’s “divisive concepts” law—restricting what can be taught in public schools about diversity, equity, and inclusion—violates the constitutional rights of educators. Boston Complex Disputes partner Morgan Nighan is quoted in the coverage for representing the National Education Association of New Hampshire. The NP team representing the plaintiffs also includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo and counsel Amy Spencer.
The following article covers a federal judge’s ruling in New Hampshire that the state’s “divisive concepts” law—restricting what can be taught in public schools about diversity, equity, and inclusion—violates the constitutional rights of educators. Boston Complex Disputes partner Morgan Nighan is quoted in the coverage for representing the National Education Association of New Hampshire. The NP team representing the plaintiffs also includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo and counsel Amy Spencer.
The following article preview arguments scheduled in federal court in the lawsuit challenging New Hampshire’s “banned concepts” law, which discourages teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom. Both articles mention NP as one of the firms representing the plaintiffs in this case. The NP team includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo and Boston Complex Disputes partner Morgan Nighan.
The following article preview arguments scheduled in federal court in the lawsuit challenging New Hampshire’s “banned concepts” law, which discourages teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom. Both articles mention NP as one of the firms representing the plaintiffs in this case. The NP team includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo and Boston Complex Disputes partner Morgan Nighan.
This article quotes Boston Complex Disputes partner George Skelly on Boston Beer Co.’s complete victory in the Second Circuit Court of Appeals, a decision that affirmed a District Court dismissal of a proposed securities class-action lawsuit against the company. The NP team also included Boston Complex Disputes partner Morgan Nighan, Rochester Privacy and Technology partner Rick McGuirk, Boston Corporate senior counsel Fred Grein, New York City Complex Disputes partner Chris Mason, Boston Privacy and Technology counsel Ronaldo Rauseo-Ricupero, Boston Complex Disputes associate Matt Costello, and Boston paralegal Erin MacMahon. In addition to the Globe article, The American Lawyer also highlighted the Boston Beer victory in its Litigation Daily column on Tuesday.
This article covers a Second Circuit Court of Appeals decision affirming a District Court ruling that dismissed a proposed securities class-action lawsuit against Boston Beer Co., scoring a complete victory for the company. The NP team included Boston Complex Disputes partners George Skelly and Morgan Nighan, Rochester Privacy and Technology partner Rick McGuirk, Boston Corporate senior counsel Fred Grein, New York City Complex Disputes partner Chris Mason, Boston Privacy and Technology counsel Ronaldo Rauseo-Ricupero, Boston Complex Disputes associate Matt Costello, and Boston paralegal Erin MacMahon.
This article covers the IRS suspending the processing of employee retention tax credit (ERC) claims, and what that means for employers. New York City Corporate partner and Tax team member Rick Cox, Boston Complex Disputes partner Morgan Nighan, and Rochester Complex Disputes counsel Eric Ferrante contributed this article.
This article mentions NP for representing Dallas-area hospital Sana Healthcare Carrollton in its lawsuit alleging the U.S. government refused to reimburse it for COVID-19-related claims made during a technical glitch on the Department of Health and Human Services payment portal. The NP team involved in the case includes Los Angeles Healthcare partner Harsh Parikh, Boston Complex Disputes partner Morgan Nighan, and Complex Disputes counsel Kierstan Schultz and Eric Ferrante, of Manchester and Rochester, respectively.
Boston partner Morgan Nighan, Manchester counsel Kiersten Schultz and Manchester associate Erin Bucksbaum, all of the Complex Disputes practice, contributed this article discussing the U.S. Supreme Court denying certiorari of the Ninth Circuit Court of Appeals opinion issued in Saldana v. Glenhaven Healthcare LLC, which found no federal jurisdiction over state-law claims in which the defendant nursing home raised a defense under the Public Readiness and Emergency Preparedness (PREP) Act.
In this article featuring commentary from Boston-area attorneys on legal issues to watch in 2023, Boston Complex Disputes partner Morgan Nighan discusses her outlook for the healthcare industry including continued financial distress, and providers’ increasing willingness to exercise their legal rights against payors and challenge unfavorable policies.
The following article mentions NP for representing The Boston Beer Co. in securing a complete dismissal of a securities class action lawsuit against the company that claimed it hid declining hard seltzer sales to increase stock prices. The NP team includes Boston Complex Disputes partners George Skelly and Morgan Nighan, Rochester partner and Financial Services and Alternative Investment deputy team leader Rick McGuirk, and Boston Cybersecurity & Privacy counsel Ronaldo Rauseo-Ricupero.
The following article mentions NP for representing The Boston Beer Co. in securing a complete dismissal of a securities class action lawsuit against the company that claimed it hid declining hard seltzer sales to increase stock prices. The NP team includes Boston Complex Disputes partners George Skelly and Morgan Nighan, Rochester partner and Financial Services and Alternative Investment deputy team leader Rick McGuirk, and Boston Cybersecurity & Privacy counsel Ronaldo Rauseo-Ricupero.
This following article covers a new lawsuit in New Hampshire challenging a state law that regulates what can be taught in classrooms—arguing the law’s vague language prevents students from having an open and complete dialogue about the perspectives of historically marginalized communities, as well as on topics concerning race, gender, sexual orientation, gender identity, and disability. The federal lawsuit was brought by the National Education Association – New Hampshire and two school administrators, with the plaintiffs represented by a broad coalition including NP, the ACLU, the ACLU of New Hampshire, Disability Rights Center – New Hampshire, and GLBTQ Legal Advocates & Defenders.
The NP team working on this case includes Government Investigations & White-Collar Defense practice group leader David Vicinanzo, of Manchester, Boston Complex Commercial Disputes partner Morgan Nighan, and New York City GIWC partner Travis Hill.
This following article covers a new lawsuit in New Hampshire challenging a state law that regulates what can be taught in classrooms—arguing the law’s vague language prevents students from having an open and complete dialogue about the perspectives of historically marginalized communities, as well as on topics concerning race, gender, sexual orientation, gender identity, and disability. The federal lawsuit was brought by the National Education Association – New Hampshire and two school administrators, with the plaintiffs represented by a broad coalition including NP, the ACLU, the ACLU of New Hampshire, Disability Rights Center – New Hampshire, and GLBTQ Legal Advocates & Defenders.
The NP team working on this case includes Government Investigations & White-Collar Defense practice group leader David Vicinanzo, of Manchester, Boston Complex Commercial Disputes partner Morgan Nighan, and New York City GIWC partner Travis Hill.
This following article covers a new lawsuit in New Hampshire challenging a state law that regulates what can be taught in classrooms—arguing the law’s vague language prevents students from having an open and complete dialogue about the perspectives of historically marginalized communities, as well as on topics concerning race, gender, sexual orientation, gender identity, and disability. The federal lawsuit was brought by the National Education Association – New Hampshire and two school administrators, with the plaintiffs represented by a broad coalition including NP, the ACLU, the ACLU of New Hampshire, Disability Rights Center – New Hampshire, and GLBTQ Legal Advocates & Defenders.
The NP team working on this case includes Government Investigations & White-Collar Defense practice group leader David Vicinanzo, of Manchester, Boston Complex Commercial Disputes partner Morgan Nighan, and New York City GIWC partner Travis Hill.
Massachusetts
New Hampshire
New York
U.S. Bankruptcy Court, District of New Hampshire
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, District of Massachusetts
U.S. District Court, District of New Hampshire
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
Boston College Law School, J.D., cum laude
University of Albany, B.A., summa cum laude
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