Nicholas M. Menasché
Phone: (212) 603-6348 Fax: (212) 956-2164
Nicholas Menasché is a partner practicing in the Firm's litigation department, with significant experience in commercial, intellectual property, antitrust, and bankruptcy litigation, as well as SEC enforcement actions and internal investigations. He regularly appears in federal, state, administrative, and arbitration proceedings, successfully prosecuting and defending public and private companies, as well as individuals, from, among others, the financial, telecommunications, real estate, retail, and restaurant industries. Mr. Menasché is also well-versed in the latest electronic discovery issues, often counseling clients on best practices for preserving, collecting, and producing information in response to subpoenas and document demands, including working with various e-discovery vendors to manage large discovery projects while achieving timely and cost-sensitive solutions.
Recent representative matters include:
- prosecuting foreclosure of a fraudulently-transferred property on behalf of debtor entity in bankruptcy adversary proceeding and trial that involved allegations of forgery of the note and mortgage;
- defending major sign manufacturer in litigation alleging breaches of fiduciary duty against company’s chief executive officer;
- representing 49% minority member, as claimant, in arbitration for breach of fiduciary duty against majority members of limited liability company for mismanagement of a commercial property and failure to pay a required preferential return;
- representing major contact lens online retailer as a third party in FTC and follow-on class action litigation against 1-800 Contacts, Inc. concerning anti-competitive conduct involving “paid search” online advertising;
- negotiating and obtaining settlement of SEC enforcement action against a crowdfunded real estate investment company;
- assisting various investment companies and broker dealers in responding to SEC subpoenas and investigations;
- suing former employee of e-cigarette company in Nevada state court for violation of non-compete agreement and other restrictive covenants;
- securing $700,000 judgment and decision for highly-regarded New York restaurant in federal trademark and trade dress infringement dispute against California defendants where the Court’s jurisdiction was challenged; and
- bringing Article 78 proceedings against municipalities on behalf of waste hauler alleging failure to adhere to lowest-responsible bidder laws in awarding multi-year waste-hauling contracts.
Previously, Mr. Menasché was an associate at Shearman & Sterling LLP in its New York office, where he represented large financial institutions, such as Citigroup, Bank of America, and Barclays Bank plc, and various companies’ officers and directors in securities and antitrust class action litigation.
While attending law school, Mr. Menasché externed for Judge Sonia Sotomayor, then of the U.S. Second Circuit Court of Appeals and now of the U.S. Supreme Court, and eventually graduated as valedictorian of his class.
Areas of Practice:
State of New York, 2007
United States District Court for the Southern District of New York, 2008
United States District Court for the Eastern District of New York, 2009
Pace University School of Law, J.D., summa cum laude, 2006
- Valedictorian, School of Law Faculty Award
- Executive Promotions Editor, Pace Law Review
- Pace University School of Law Trustee Scholarship
Drew University, B.A., Political Science, summa cum laude, 1999
- Phi Beta Kappa
- Pi Sigma Alpha (political science honor society)
- Extern, Hon. Sonia Sotomayor, United States Circuit Court for the Second Circuit Court of Appeals
Professional Activities and Publications:
Former Member, Committee on State Courts of Superior Jurisdiction, New York City Bar Association (2015-2017)
Panel Member, Q&A with Hon. Sonia Sotomayor, Pace University School of Law (Nov. 2012)
- Author, Recording Industry Missteps: Suing Anonymous Filesharers as a Last Resort, 26 Pace L. Rev. 273 (2005)