Introduction
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.
My focus
Healthcare
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).
COVID-19
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.
Restructuring and Bankruptcy
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).
Complex Financial Disputes
I represent companies in connection with contract disputes, business torts, employment claims, and other commercial and financial matters.
Government Investigations and White Collar
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).
Trusted Advisor and Connector
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.
Representative experience
COVID-19
- Provide compliance advice to hundreds of companies related to the PPP loan program and represent borrowers in potential litigation and pre-suit negotiations with the SBA.
- Successfully represented a healthcare company in an administrative appeal of the SBA’s denial of forgiveness of a $10 million PPP loan; secured a reversal of the SBA’s decision.
- Represent providers in connection with compliance advice and disputes with HHS related to the PRF.
- Counsel a public company in COVID-19-related “pump and dump” SEC investigation.
- Advise a laboratory in Massachusetts regarding risk mitigation related to COVID-19 vaccine storage and immunity available pursuant to the PREP Act.
- Represent a skilled nursing facility in a civil and criminal investigation in Massachusetts regarding false-positive COVID-19 test results received from a laboratory.
- Advise a digital healthcare company regarding risk mitigation related to the COVID-19-testing supply chain and perform extensive compliance analysis regarding the PREP Act.
Healthcare
- Represent a hospice care company in an SEC False Claims Act investigation regarding Medicare and Medicaid reimbursements.
- Counsel to hospitals in New Hampshire, Connecticut, and New York in litigation against the CMS regarding the calculation of disproportionate share payments under the Medicaid statute; secured an injunction against CMS regarding enforcement of illegally enacted policies (upheld by the United States Court of Appeals for the First Circuit) and won a fee award pursuant to the Equal Access to Justice Act.
- Represent a large hospital in complex civil litigation and a government investigation related to a Hepatitis C outbreak, with a complex privacy law and privilege overlay.
Healthcare Restructurings
- Represented a nonprofit New Hampshire hospital in restructuring—the deal negotiated allowed the hospital to continue its charitable mission of providing healthcare to its community.
- Advise on restructuring of a group of nursing homes in Chapter 11 proceedings in Massachusetts.
- Represent St. Francis Hospital in a Chapter 11 restructuring in New York City.
Financial Institutions, Banking Services, Restructuring
- Represent many companies in connection with accessing CARES Act funding, including PPP funds, the Main Street Lending Program, and the PRF.
- Counsel to the indenture trustee for bondholders of an energy company in one of the largest bankruptcy litigations in U.S. Bankruptcy Court, including three contested confirmation trials of complex intercompany liabilities, corporate governance, and rights to post-petition interest and “make-whole” premiums.
- Represent Lehman Brothers Holdings Inc. in a bankruptcy adversary proceeding against J.P. Morgan Chase Bank.
- Represent State Street Bank in various employment and compliance-related litigation.
- Represent several companies in fraudulent transfer and preference actions.
- Advise on restructuring of a for-profit school in Chapter 11 proceedings in Massachusetts.
- Represent a banker involved in municipal bond financing of 38 Studios video game company against SEC fraud claims.
- Represent a bank in two FINRA arbitrations regarding language in U5 disclosures.
- Represent a registered representative in FINRA arbitration regarding the suitability of annuity products.
- Represent a Canadian bank in an international check-kiting scheme. Secured an attachment and trustee process in Massachusetts Superior Court.
- Defeated preliminary injunction in the Business Litigation Session of Massachusetts Superior Court on behalf of a life insurance company in cost-of-insurance litigation.
Complex Commercial Disputes
- Secured complete dismissal of a purported class-action securities fraud lawsuit on behalf of a Boston-based brewery in the Southern District of New York, which was affirmed on appeal by the Second Circuit Court of Appeals.
- Won successful jury verdict for a fitness franchisor after a six-day jury trial in Massachusetts Superior Court regarding the violation of non-compete agreements.
- Represent a music technology company in suit against former CEO for fraud and corporate theft; secured a preliminary injunction and trustee process in Massachusetts Superior Court.
- Obtained successful outcome for real estate developer in mechanic’s lien litigation, with decision affirmed by the Massachusetts Supreme Judicial Court.
- Represented a real estate developer in a commercial dispute regarding radiant-heat-flooring installation; defeated motion to attached real estate in Massachusetts Superior Court.
- Counsel to companies in shareholder disputes related to merger transactions and books and records demands under Delaware law.
- Represent a fitness franchisor in purported class-action lawsuit related to allegations that membership agreements violate New Jersey consumer protection laws.
- Represent the founder and majority shareholder of a technology company in a shareholder dispute regarding a breach of fiduciary duty in connection with a company asset sale.
Government Investigations and White-Collar Defense
- Counsel a multinational corporation in a Foreign Corrupt Practices Act (FCPA) investigation.
- Represent a company in an investigation regarding alleged violations of Massachusetts bribery and gratuity statutes.
- Represent a global manufacturer in multiple SEC investigations.
Pro Bono
- In partnership with the ACLU, representing two teachers in a constitutional challenge to the “Banned Concepts Act” in New Hampshire.
- Represent a Virginia death row inmate in the United States Supreme Court.
- Represent a political party in a First Amendment case in the United States Court of Appeals for the First Circuit.
- Preserved New York State women prisoners’ access to prison nursery programs by successful appeal to the New York Court of Appeals.
- Volunteer hundreds of hours with the Lawyers’ Committee for Civil Rights Election Protection Program.
- Represent Chelsea Housing Authority in fraud litigation against its former executive director.
Looking ahead
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.
In the news
- Law360
Navigating the last leg of the worker retention tax credit
Oct 23, 2024New 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.
- Healthcare Brew
What the Chevron ruling means for the healthcare industry
July 30, 2024This 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.
- Bloomberg Law
New Hampshire ban on teaching about bias ruled unconstitutional
May 29, 2024The 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.
- New Hampshire Union Leader
Federal judge strikes down New Hampshire law on banned concepts
May 28, 2024The 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.
- NH Journal
Federal judge tosses New Hampshire’s anti-discrimination law as too vague
May 28, 2024The 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.
- New Hampshire Union Leader
Arguments to be heard in ‘banned concepts’ lawsuit
Jan 15, 2024The 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.
- Manchester Ink Link
Federal Court to hear arguments this week challenging NH classroom censorship law
Jan 15, 2024The 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 Boston Globe
Boston Beer Co. scores a win on lawsuit over Truly hard seltzer sales
Nov 29, 2023This 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.
- Law360
Second Circuit shelves investor suit over hard seltzer sales
Nov 22, 2023This 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.
- Rochester Business Journal
A word of caution to those employers that claimed the Employee Retention Tax Credit
Nov 10, 2023This 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.
- Bloomberg Law
Dallas-area hospital sues U.S. for COVID-19 care reimbursement
Aug 11, 2023This 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.
- New Hampshire Bar News
SCOTUS rejects nursing home PREP Act immunity case
Jan 18, 2023Boston 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.
- Massachusetts Lawyers Weekly
Snap judgements: Local lawyers offer issues to watch for in 2023
Dec 30, 2022In 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.
- Law360
Court cans Boston Beer Co. investor suit over hard seltzer
Dec 6, 2022The 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.
- Law360
Boston Beer beats investor suit over hard seltzer sales forecasts
Dec 6, 2022The 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.
- New Hampshire Union Leader
ACLU-NH, NEA challenge attempt to have "divisive concepts" lawsuit tossed
This article covers a brief filed by a group of parents, teachers, and lawyers in a case challenging a New Hampshire law that regulates what can be taught in classrooms. The brief, which objects to attempts to dismiss the parties’ lawsuit, highlights concerns that the law discourages public school teachers from teaching and talking about race, sex, sexual orientation, disability, and gender identity in the classroom. NP is mentioned as one of the organizations that filed the initial lawsuit in December 2021. The NP team includes Manchester Government Investigations & White-Collar Defense partner Dave Vicinanzo, Boston Complex Disputes partner Morgan Nighan, and New York GIWC partner Travis Hill.May 23, 2022 - Law360
Truly Seltzer maker says investors' stock suit has no case
This article covers a motion to dismiss a class action securities lawsuit against Boston Beer Co. related to sales of hard seltzer, and mentions Boston Complex Disputes partners George Skelly and Morgan Nighan and Rochester Privacy & Technology partner Rick McGuirk for representing Boston Beer CoMarch 17, 2022 - New Hampshire Bar News
Government audit and enforcement regarding pandemic relief funds in 2022
Boston Complex Commercial Disputes partner Morgan Nighan, Manchester Government Investigations & White-Collar Defense partner David Vicinanzo, and Manchester Complex Commercial Disputes associate Kierstan Schultz contributed this article related to healthcare providers that have received coronavirus relief funds, and what those organizations should be aware of as we enter the audit and enforcement phase of government relief programs.Jan 28, 2022 - New Hampshire Public Radio
NH's largest teachers' union joins suit over law restricting teachings on racism, oppression
Dec 20, 2021This 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.
- Associated Press
Second lawsuit filed challenging NH anti-discrimination law
Dec 20, 2021This 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.
- Bloomberg Law
NH race, gender censorship law challenged by teachers
Dec 20, 2021This 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.
- The Banking Law Journal
Whistleblower-initiated FCA investigation highlights risks to PPP borrowers, other pandemic relief beneficiaries
A cross-practice team contributed this article covering the first False Claims Act settlement over Paycheck Protection Program funds that arose from a whistleblower complaint, and it offers insight on the implications of this action for other beneficiaries of coronavirus relief. The NP team comprises Government Investigations & White-Collar Defense practice group leader and Manchester partner David Vicinanzo; Washington, DC partner Adam Tarosky, and Chicago partner Christopher Hotaling, both of the GIWC group; Boston Complex Commercial Disputes partner Morgan Nighan; and New York Financial Restructuring & Bankruptcy partner Robert Christmas.Dec 13, 2021 - New Hampshire Business Review
PPP borrowers - beware of whistleblowers
Government Investigations & White-Collar Defense practice group leader David Vicinanzo, of the Manchester office, and Boston Complex Commercial Disputes partner Morgan Nighan co-authored this article on the threat whistleblowers can pose to businesses that received PPP funds, using a recent DOJ settlement as an example to put PPP beneficiaries on alert.Oct 25, 2021 - Rochester Business Journal
Big changes in SBAs EIDL program sparks new interest
Rochester Complex Commercial Disputes associate Eric Ferrante contributed this column highlighting recent changes to the U.S. Small Business Administration’s COVID-19 Economic Injury Disaster Loan (EIDL) Program that may make it more attractive to businesses on the fence about seeking government relief funds. The article is based on a client alert Eric co-authored with Boston Complex Commercial Disputes partner Morgan Nighan, Chicago Global Finance partner Robert Drobnak, and Director of Global Strategies David Kaufman.Oct 8, 2021 - Massachusetts Lawyers Weekly
Novel challenge emerges for denials of PPP forgiveness
This article—covering challenges that some businesses, including indirect marijuana businesses, could face as they apply to have PPP loans forgiven—quotes Boston Complex Commercial Disputes partner Morgan Nighan on borrowers’ potential legal argument that loan forgiveness denials are based on SBA guidance that is unlawful because it conflicts with language of the CARES Act.Nov 25, 2020 - Laconia Daily Sun (N.H.)
Auction Set for LRGHealthcare's Assets
This article covers an upcoming auction of LRGHealthcare’s assets as part of the nonprofit hospital operator’s Chapter 11 bankruptcy case, noting an initial $30 million bid from Concord Hospital. Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, are representing LRGHealthcare, and the auction is scheduled for Dec. 16 at NP’s Manchester office.Nov 6, 2020 - Business NH magazine
LRGHealthcare Files for Bankruptcy, Concord Hospital May Acquire
The following article covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.Oct 20, 2020 - Reuters Legal
New Hampshire Hospital Group Seeks Bankruptcy Relief
The following article covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.Oct 19, 2020 - The Deal
LRGHealthcare to Sell Assets in Ch. 11
The following article, covers nonprofit hospital operator LRGHealthcare’s Chapter 11 bankruptcy filing as it seeks a buyer, mention Financial Restructuring & Bankruptcy practice group leader and Boston partner Victor Milione, Boston Complex Commercial Disputes partner Morgan Nighan, New York City counsel Chris Desiderio and associate Chris Fong, both of the Financial Restructuring & Bankruptcy group, for representing LRGHealthcare.Oct 19, 2020 - Massachusetts Lawyers Weekly
Promotions
This roundup of promotions in the Boston legal industry mentions two members of NP’s 2020 new partner class: Government Investigations and White-Collar Defense partner Rob Fisher and Complex Commercial Disputes partner Morgan Nighan.Feb 13, 2020 - The Deal
Movers & Shakers
This column of notable executive moves in the legal industry included a write-up on the promotion of Nixon Peabody’s 2020 new partner class: Laura Bacon, Shariff Barakat, Katie Baynes, Robert Fisher, Kimberly Harding, Brian Mahoney, Sonia Nayak, Dara Newman Histed, Morgan Nighan, Chris Porzio, Rachel Pugliese, Dana Roper, and Peter Trimarchi.Feb 4, 2020 - Reuters Legal
Career Tracker: Lawyers on the Move
This roundup of personnel moves in the legal industry highlights the 13 members of Nixon Peabody’s 2020 new partner class: Laura Bacon, Shariff Barakat, Katie Baynes, Robert Fisher, Kimberly Harding, Brian Mahoney, Sonia Nayak, Dara Newman Histed, Morgan Nighan, Chris Porzio, Rachel Pugliese, Dana Roper and Peter Trimarchi.Feb 3, 2020 - Law360
Chancery energizes investor bids to probe corporations
Boston Complex Commercial Disputes partner George Skelly and partner-elect Morgan Nighan analyze a recent decision in Delaware Chancery Court that could broaden stockholders’ ability to inspect a corporation’s books and records without evidence of a specific violation by directors.Jan 17, 2020 - Law360
Barclays, law firm force old-debt fight into arbitration
Boston Complex Commercial Disputes associate Morgan Nighan is mentioned in this story for her co-representation of Barclays Bank Delaware in a successful effort to dismiss a proposed class action involving the collection of time-barred debt from credit customers.April 30, 2019 - Law.com Litigation Daily
Litigators of the Week
Manchester Complex Commercial Disputes partner Scott O’Connell, head of the Litigation Department, is named one of the Litigators of the Week for securing an award of legal fees for his clients, a group of 26 New Hampshire hospitals who sued the Centers for Medicare and Medicaid Services. The litigation team also included Boston Complex Commercial Disputes associates Morgan Nighan and Kierstan Schultz.April 5, 2019 - Law360
NH hospitals fight to keep CMS suit win at 1st Circ.
This article mentions Boston commercial litigation associate Morgan Nighan and Manchester commercial litigation partner and litigation department head Scott O’Connell for representing New Hampshire hospitals in an ongoing dispute involving a Centers for Medicare & Medicaid services reimbursement policy. Scott is also quoted.Nov 22, 2017 - Law360
Children’s health org backs hospitals in 1st Circ. CMS row
This article quotes Manchester commercial litigation partner and litigation department head Scott O’Connell and mentions him and Boston commercial litigation associate Morgan Nighan as counsel representing New Hampshire hospitals in a dispute involving a Centers for Medicare & Medicaid services reimbursement policy.Nov 17, 2017 - Law360
Planet Fitness Member Contract Class Action Trimmed In NJ
New York City partner Craig Tractenberg, Boston partner Arthur Pressman, Manchester partner Dan Deane and Boston associate Morgan Nighan are mentioned as representing Planet Fitness in a case about its membership agreements with regard to state consumer protection laws.July 30, 2016
Admitted to practice
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
Education
Boston College Law School, J.D., cum laude
University of Albany, B.A., summa cum laude
Professional activities
- American Bar Association
- American Bankruptcy Institute
- Boston Bar Association, Bankruptcy Section Co-Chair
- International Women’s Insolvency & Restructuring Confederation
Recognition
- The Best Lawyers in America® 2025 – Litigation – Bankruptcy; listed in Best Lawyers since 2024"
- New England Super Lawyers Magazine 2018–2020, “Massachusetts Rising Stars” List
- Boston Magazine 2018–2020, “Top Women Attorneys in Massachusetts”
Insights And Happenings
View AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:+1 415.984.8309
- abarron@nixonpeabody.com
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Robert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
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Jenny L. Holmes
Partner / Deputy Leader, Cybersecurity & Privacy- Rochester
- Office:+1 585.263.1494
- jholmes@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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