Morgan is a tenacious advocate and litigator with extensive experience representing clients in the healthcare and financial services industries. 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. Morgan takes the time to understand her clients’ businesses, and she presents efficient solutions that resolve disputes and align with their goals.
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).
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 provide advice about the risks of 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 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).
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 attorney general offices, the Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).
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.
Many companies who accessed COVID-19-related federal stimulus funding through the CARES Act and related legislation face audits or investigations by Congress or federal agencies. 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 Union Leader | May 23, 2022
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.
Law360 | March 17, 2022
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 Co
New Hampshire Bar News | January 28, 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.
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.
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.”
