Siciliano, Nicholas J.

Nicholas J. Siciliano

Partner

He/Him/His

nicholas.siciliano@lw.com
    Siciliano, Nicholas J.

    Nicholas J. Siciliano

    Partner

    nicholas.siciliano@lw.com

    Profile

    Nicholas J. Siciliano is a partner in the Chicago office of Latham & Watkins. Mr. Siciliano primarily handles securities and professional liability litigation, as well as complex commercial disputes.

    Mr. Siciliano represents public companies, directors, and officers in securities fraud class actions, shareholder derivative litigation, and other high-stakes matters in state and federal courts at both the trial and appellate levels. In addition to his securities and professional liability practice, Mr. Siciliano also has prosecuted and defended numerous other complex litigation matters, including patent infringement litigation, trademark infringement litigation, multibillion-dollar contractual disputes, and mergers and acquisitions litigation. He also has been involved in internal investigations of potential criminal conduct and represented clients under investigation by the United States Securities Exchange Commission and/or the Department of Justice.

    He has extensive experience in all aspects of civil litigation, including large-scale fact and expert discovery, dispositive and non-dispositive motion practice, alternative dispute resolution, trial, and appeal. Mr. Siciliano has achieved highly favorable results at the trial court and appellate levels, as well as in settlement.

    Mr. Siciliano is active in the firm’s pro bono program and has worked for numerous clients in cases related to immigration, refugee rights, transgender rights, prisoner rights, special education, human trafficking, and systemic legal reform.

    Mr. Siciliano currently serves as a member of the Board of Directors of Chicago Appleseed Fund for Justice. He also has served in a number of management roles at the firm, including on the firm’s Associates Committee, Pro Bono Committee, and Legal Professional and Paralegal Committee. Mr. Siciliano currently serves on the firm’s Recruiting Committee.

    Experience

    Mr. Siciliano’s recent achievements include the following: 

    • Won in the Ninth Circuit preserving dismissal of derivative claims against directors of security-screening designer and manufacturer OSI Systems, Inc. on demand-futility grounds. Riley v. Chopra (9th Cir. Mar. 2, 2022)
    • Won a complete defense jury verdict on behalf of NextGen Healthcare, Inc. in the first holder’s claim case to go to trial in the US in nearly 90 years. Hussein v. Razin et al. (Orange Cty. Sup. Ct. July 29, 2021)
    • Won dismissal of securities fraud class action against Baxter International Inc. in connection with restatement of financial statements, which led to favorable settlement. Silverman v. Baxter International Inc. (N.D. Ill. 2021)
    • Won first-round dismissal with prejudice of securities fraud class action against regenerative-tissue developer PolarityTE, in short-seller-prompted case challenging statements relating to the company’s patents and FDA registrations. Moreno v. PolarityTE (D. Utah Nov. 22, 2020)
    • Won dismissal of federal securities class action alleging false and misleading statements based upon a short-seller’s report on behalf of A. O. Smith Corporation, a world-leading provider of water-heating and water-treatment solutions. City of Birmingham Retirement & Relief System v. A. O. Smith Corp. (E.D. Wisc. 2020)
    • Won dismissal of shareholder derivative action on standing grounds on behalf of specialized electronic systems developer OSI Systems, Inc. Genesee County Employees’ Retirement System v. Chopra (Los Angeles Cty. Sup. Ct. 2019) 
    • Won dismissal with prejudice of two shareholder derivative actions on behalf of healthcare information-systems developer Quality Systems, Inc. Foss v. Barbarosh (C.D. Cal. 2018); Koshy v. Barbarosh (C.D. Cal. 2018)
    • Obtained summary judgment in favor of public healthcare information technology systems company, its chair and chief executive officer in state-court fraud action involving allegations by former director and major shareholder of false and misleading statements in connection with holding his shares
    • Obtained summary judgment in favor of former chair of the board of directors of leading fitness company in action involving breach of phantom stock agreement and allegations of fraud and breach of fiduciary duty, which resulted in a favorable settlement on the eve of trial    
    • Successfully represented Wal-Mart Stores, Inc. in high-profile and closely watched securities class action pending in the US District Court for the Western District of Arkansas, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act
    • Successfully represented public security technology company and certain of its officers and directors in a securities fraud class action and related derivative actions
    • Successfully represented leading glass bottle manufacturer in action involving allegations of fraud and breach of a multi-billion dollar stock purchase agreement
    • Currently representing several public companies in federal securities class actions and derivative matters arising out of short-seller attacks

    Qualifications

    Bar Qualification

    • Illinois

    Education

    • JD, Notre Dame Law School, 2005
      summa cum laude
    • BBA, University of Michigan, 2002
      with high distinction

    Practices

    Industries

    Recognition

    News & Insights

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