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.
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.
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.
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).
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.
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.
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.
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.
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 2019 Massachusetts Rising Stars list in New England Super Lawyers Magazine, as well as Boston magazine’s “Top Women Attorneys in Massachusetts.”
