Barclay Damon
Barclay Damon

Michael 
     Nicholson

Michael Nicholson

Counsel

p: 585.295.4436

f: 585.295.8428

icon_email mnicholson@barclaydamon.com
icon_download Vcard

Rochester Office

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

A broad-based commercial litigator, Michael primarily concentrates his practice on counseling corporations in complex disputes, litigating at both the trial and appellate levels in state and federal courts. His practice also includes representing clients in real-property-tax disputes, providing strategic counseling and handling complex settlement negotiations across a variety of sophisticated matters.

In addition to his commercial litigation practice, Michael has considerable Chapter 11 bankruptcy and creditors-rights experience.

Representative Experience

  • Represented a defendant corporation in multiple distinct actions in state, federal, and bankruptcy courts concurrently, with claims totaling approximately $25 million. Successfully opposed a critical summary judgment motion seeking $10 million in damages and debilitating equitable relief, and won the cross-motion dismissing the underlying action.
  • Represented corporations in investigations by the NYS Attorney General, obtaining the discontinuance of investigations in each case.
  • Represented individuals and municipalities in the litigation of real-property disputes and Article 78 proceedings, obtaining judgment in favor of the client in each case.
  • Represented a regional bank in state court action, obtaining dismissal with prejudice of a critical case by a commercial borrower, raising issues of first impression with respect to lender liability that, if recognized, may have resulted in sweeping exposure for the bank on its entire commercial-loan portfolio.
  • Represented a regional food manufacturer and distributor throughout a successful Chapter 11 reorganization and litigated various motions and claims objections, obtaining relief critical to successful reorganization.
  • Represented an equipment-finance company in an action against directors of a corporate borrower attempting to avoid liability by dissolving and reincorporating while swapping directors. Obtained personal judgments against the directors, repossession of collateral, and the 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
  • Texas
  • 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 Courts for the Western, Northern, Southern, and Eastern Districts of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Supreme Court

Memberships & Affiliations

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

Civic Activities

  • Law Explorers Regional Mock Trial Competition, Coach

Prior Experience

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