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Morgan C. Nighan



Morgan Nighan helps companies and individuals solve business disputes. She represents clients in complex commercial, bankruptcy, and white-collar matters in state and federal courts, administrative agencies, arbitrations, and mediations across the country.

What do you focus on?

Complex Commercial Disputes

I represent companies in connection with contract disputes, business torts, employment claims, and other commercial and financial matters. I have extensive experience representing hospitals and health care institutions in litigations and investigations. For example, I currently represent several DSH hospitals in New Hampshire and New York in litigation against the Centers for Medicare & Medicaid Services.

I co-lead a team of attorneys that is counseling clients regarding their ability to secure funding or other relief in response to COVID-19-related financial distress, including through the Paycheck Protection Program (“PPP”) made available through the CARES Act.

Bankruptcy Litigation

I represent Chapter 11 debtors, creditors, and other parties in complex bankruptcy litigation. Representative matters include 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 in Lehman Brothers Holdings, Inc. I frequently represent clients in the health care industry as both debtors and creditors.

Government Investigations and White Collar Defense

I defend companies and individuals being investigated by governmental agencies, including U.S. Attorneys’ Offices, the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA).

What do you see on the horizon?

Many companies who accessed funding through the CARES Act will be audited or investigated by the Small Business Administration (“SBA”), the Department of Justice, or Congress. The firm has developed a play-book of best practices and defense strategies to assist companies that are audited or investigated after accessing stimulus funds.

Representative Experience

Complex Commercial Disputes

  • 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 hospitals in New Hampshire, Connecticut and New York in litigation against the Centers for Medicare & Medicaid Services regarding the calculation of disproportionate share payments under the Medicaid Statute; secured injunction against CMS regarding enforcement of illegally enacted policies, which was upheld by the United States Court of Appeals for the First Circuit
  • Represent many companies in connection with accessing CARES Act funding, including the Paycheck Protection Program (PPP)
  • Represented a large hospital in complex civil litigation and a government investigation related to a Hepatitis C outbreak
  • Represented 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
  • Represented Canadian bank in international check citing scheme; secured an attachment and trustee process in Massachusetts Superior Court
  • Represented 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 on a pro bono basis by successful appeal to the New York Court of Appeals
  • Represent a life insurance company in cost of insurance litigation; successfully defeated preliminary injunction in the Business Litigation Session of Massachusetts Superior Court
  • Represent real estate developer in commercial dispute regarding radian heat flooring installation; defeated motion to attached real estate in Massachusetts Superior Court
  • 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 shareholder dispute regarding a breach of fiduciary duty in connection with a company asset sale
  • Represent a Virginia death row inmate on a pro bono basis

Bankruptcy Litigation

  • Successfully represented 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
  • Represented Lehman Brothers Holdings Inc. in a bankruptcy adversary proceeding against J.P. Morgan Chase Bank
  • Represent companies in fraudulent transfer and preference actions
  • Represent group of nursing homes as debtors in Chapter 11 restructuring in Massachusetts
  • Represent St. Francis Hospital in Chapter 11 restructuring in New York
  • Represent hospital in restructuring in New Hampshire
  • Represent for-profit school in Chapter 11 restructuring in Massachusetts

Government Investigations and White Collar Defense

  • Counsel to public company in COVID-19-related “pump and dump” SEC investigation
  • Counsel to a multinational corporation in Foreign Corrupt Practices Act (FCPA)investigation
  • Represent a company in investigation regarding alleged violations of Massachusetts bribery and gratuity statutes
  • Represent a global manufacturer in multiple SEC investigations
  • Represent a hospice care company in SEC false claims act investigation regarding Medicare and Medicaid reimbursements
  • Represented 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 suitability of annuity products

LRGHealthcare Files for Bankruptcy, Concord Hospital May Acquire

Business NH magazine | October 20, 2020

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.

New Hampshire Hospital Group Seeks Bankruptcy Relief

Reuters Legal | October 19, 2020

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.

LRGHealthcare to Sell Assets in Ch. 11

The Deal | October 19, 2020

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.

Promotions

Massachusetts Lawyers Weekly | February 13, 2020

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.

Movers & Shakers

The Deal | February 04, 2020

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.

Career Tracker: Lawyers on the Move

Reuters Legal | February 03, 2020

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.

Chancery energizes investor bids to probe corporations

Law360 | January 17, 2020

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.

Barclays, law firm force old-debt fight into arbitration

Law360 | April 30, 2019

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.

Litigators of the Week

Law.com Litigation Daily | April 04, 2019

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.

NH hospitals fight to keep CMS suit win at 1st Circ.

Law360 | November 21, 2017

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.

Children’s health org backs hospitals in 1st Circ. CMS row

Law360 | November 16, 2017

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.

Contact

Morgan C. Nighan

Partner

Boston

Phone: 617-345-1031


Fax: 855-451-6607

Boston College Law School, J.D., cum laude

University of Albany, B.A., summa cum laude

Massachusetts

New Hampshire

New York

U.S. Bankruptcy Court, District of New Hampshire

U.S. Court of Appeals, First 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

Morgan Nighan has been selected to the Massachusetts Rising Stars list in New England Super Lawyers Magazine in 2018-2020, as well as Boston magazine’s “Top Women Attorneys in Massachusetts.”

  • American and Boston bar associations
  • American Bankruptcy Institute
  • International Women’s Insolvency & Restructuring Confederation
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