Morgan draws on over a decade of courtroom and litigation experience to help clients solve business disputes, and manage risk and compliance considerations that impact their success. Her first question to every client is “What do you want to achieve?” And she tailors her guidance to their answer. Morgan takes the time to understand her clients’ businesses, and she presents efficient, cost-effective solutions that resolve disputes and align with their goals.
I frequently advise clients in the health care industry and represent them in litigations, government investigations, and restructurings across the country. I’ve delivered successful results to 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 for Health and Human Services (HHS).
As a member of Nixon Peabody’s COVID-19 Client Response team, I’ve counseled hundreds of companies on compliance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Economic Aid Act, and American Rescue Plan programs, including the Paycheck Protection Program (PPP) and the Provider Relief Fund (PRF). I provide advice about risks for 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 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.
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 attorneys general’s offices, the Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).
I draw on nearly 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 can’t answer your question, I know the attorney who can. As a practice group ambassador, I work with the firm’s Move the Needle Fund program to develop and utilize a pipeline of diverse talent and build pathways to success for these attorneys.
Many companies who accessed COVID-19-related federal stimulus funding through the Families First Coronavirus Response Act (FFCRA), the CARES Act, the Economic AID Act, or the American Rescue Plan will be audited or investigated by Congress or federal agencies. Using our experience in the early months of the pandemic, my colleagues and I have created a playbook of best practices and defense strategies to mitigate the consequences of these inquiries on our clients.
New Hampshire Public Radio | December 20, 2021
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.
Associated Press | December 20, 2021
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.
Bloomberg Law | December 20, 2021
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.
The Banking Law Journal | December 13, 2021
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.
New Hampshire Business Review | October 25, 2021
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.
Rochester Business Journal | October 08, 2021
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.
Massachusetts Lawyers Weekly | November 25, 2020
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.
Laconia Daily Sun (N.H.) | November 06, 2020
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
