Nicholas M. DePalma

Representative Matters

Government Contracts Litigation

• Defeated an $80 million claim (holding the jury verdict to $180,000) as lead counsel in a three-week jury trial for a government contractor accused of copyright infringement, misappropriation of trade secrets, and breach of contract. (E.D. La.)
• Defeated an $8 million suit by a satellite bandwidth supplier against a prime contractor over a contract to supply satellite bandwidth for use by the U.S. Indo-Pacific Command (PACOM) through an IT Schedule 70 Indefinite Delivery/Indefinite Quantity prime contract with the U.S. government. Secured a complete victory on all claims and fee shifting in excess of $1.5 million. (Hawaii Pacific Teleport, LP v. Peraton Government Communications, Inc.) (International Court of Arbitration No. 24178/MK) (confirmation proceedings D. Hawaii 2020)
• Obtained a preliminary injunction for a large defense contractor under the Federal Defend Trade Secrets Act regarding trade secrets shared during a teaming agreement involving the receiving party’s failure to firewall employees with knowledge. (E.D. Va.)
• Secured a summary judgment of $4,367,121.68 on behalf of a lender against a defense contractor guarantor. (PFF, LLC v. Benjamin Worrell) (E.D. Va.)
• Secured a $360,000 verdict as counsel in a trial involving employee raiding and breach of fiduciary duty, with regard to government contractor employees. (Overlook Systems Technologies v. Lortie) (Fairfax Cir.)
• Obtained and collected a $584,013 judgment against a subcontractor related to weapons supply and static security in Afghanistan. (Aegis Defense Services, LLC v. Integrated Systems) (E.D. Va.)
• Defended a foreign sovereign in a lawsuit brought by a U.S. contractor related to military support. (UNC Lear Services, Inc. v. Kingdom of Saudi Arabia) (W.D. Tex.)
• Prosecuted claims against a U.S. contractor on behalf of a foreign sovereign on claims related to the largest ice-skating rink in Kuwait; obtained a $482,419 judgment. (Touristic Enterprises Co. v. PRC Commercial Refrigeration) (D. N.J.)
• Opposed a motion to confirm an arbitral award arising out of the construction of military barracks in Kenya. (Trax Const. Ltd. v. Dyncorp) (E.D. Va.)
• Secured a confidential settlement on behalf of a subcontractor in a contract dispute
• Secured a confidential settlement for a service-disabled veteran-owned small business against a competitor in a trade secret case. (Fairfax Cir.)
• Secured a confidential settlement against a competitor in a trade secret case. (Fairfax Cir.)
• Served as lead counsel in a business conspiracy case involving allegations of a breached teaming agreement, misappropriation of trade secrets, and violation of restrictive covenants. (Fairfax Cir.)

Domain Name Litigation

• Represented a large domain name registry in actions involving new generic top-level domain operators. (E.D. Va.)
• Represented a large financial institution in securing recovery of a domain name through in rem action under the ACPA. (E.D. Va.)
• Represented a foreign company in an emergency matter securing recovery of a domain name through an in rem action under the ACPA. (E.D. Va.)
• Represented a large retailer in an emergency matter securing recovery of ~50 domain names held by Internet scammers through an in rem action under the ACPA. (E.D. Va.)

Contract and Business Disputes

• Served as lead counsel for a licensor in a software licensing dispute concerning the scope of license over software products (ongoing)
• Served as international coordinating counsel for a software company in connection with contract disputes for claims related to the COVID-19 pandemic (ongoing)
• Served as trial counsel for a creditor in lawsuits involving large parcels of land in Northern Virginia; defeated the preliminary injunction actions brought by a junior creditor and the landowner. (Fairfax Cir.)
• Defended a biotechnology company against an action brought by a patent holder under a license agreement. (American Arbitration Association)
• Defended a wind technology company against an action brought by a former vice president. (Roy v. Catch the Wind LTC) (Prince William County Cir.)
• Represented a foreign diplomat in an action brought by a former employee. (Al-Bundak v. Hariri) (E.D. Va.)
• Represented a clothing manufacturer in lawsuits against competitors. (CustomInk, LLC v. OOShirts, Inc.) (CustomInk, LLC v. ShirtMagic) (E.D. Va.)
• Represented a creditor before the Supreme Court of Virginia. Won reversal of a trial court decision attempting to reduce a confessed judgment. (Catjen LLC v. Hunter Mill West, L.C.) (Record No. 171067)
• Secured a summary judgment for the plaintiff creditor in the amount of $4,734,857.96. (Catjen LLC v. Hunter Mill West, L.C.) (E.D. Va.)

Lanham Act False Advertising Cases

• Obtained a preliminary injunction against a poultry company for advertising related to antibiotic use. (Sanderson Farms v. Tyson Foods, Inc.) (D. Md.)
• Obtained a preliminary injunction against a competitor for its promotional campaign targeting retailers and distributors, concerning an anticipated regulatory action. (Reckitt Benckiser v. Motomco Ltd) (S.D.N.Y.)
• Represented a pharmaceutical company against a competitor for advertising related to a generic drug. (Intendis, Inc. v. River’s Edge Pharmaceuticals) (D. Md.)
• Obtained dismissal of a Lanham Act claim in a dispute between military contractors, involving the disposal of unexploded ordnance off the coast of Hawaii. (U.S. Demil v. ARA Group) (E.D. Va.)

Shareholder Disputes

• Obtained a summary judgment of $637,867 for an executive in a stock options case and successfully defended the judgment before the U.S. Court of Appeals for the Fourth Circuit. (E.D. Va.)
• Obtained dismissal of all counts and an award of attorney's fees in a $6 million shareholder lawsuit for fraudulent inducement. (Murayama v. NISC) (Fairfax Cir.)
• Secured a confidential settlement for an executive in arbitration involving an ownership dispute. (American Arbitration Association)
• Defeated all claims against an executive in arbitration related to an earn-out agreement that arose from the sale of a foreign telecommunications company. (American Arbitration Association)

Trust and Estates Litigation

• Defeated a motion for temporary injunction to remove an administrator (Fairfax Cir. 2020)
• Served as lead counsel for a trustee and executor in an action for an accounting. (Fairfax Cir.)
• Served as lead counsel for a trust and its trustees in an action for accounting by the purported beneficiary. (Loudoun Cir.)
• Represented a personal representative in an undue influence case involving a bequest of $20,000,000 to the University of Maryland. (Md. Cir.)

Employee Mobility Litigation

• Served as lead counsel in a case against a former employee charged with violating a nondisclosure agreement and tortiously interfering with a government contract. (E.D. Va.)
• Secured a preliminary injunction against a former executive in a noncompetition and misappropriation of trade secrets case on behalf of the largest shipping company in the United States. (Norfolk Cir.)
• Represented a mobile phone forensics company in an action to enforce a noncompetition covenant against a former employee. (Fairfax Cir.)

Financial Services Litigation

• Defended a financial institution against claims related to a mortgage loan; obtained complete dismissal of all claims. (Uzoma v. Barclays) (D. Md.)
• Defended a financial institution against a putative class action related to a mortgage loan; obtained summary judgment. (Vincent v. Barclays) (S.D.N.Y.)
• Defended a mortgage loan originator in an action brought by certificate holders for breach of representations and warranties in a residential mortgage-backed security trust; obtained dismissal of millions in claims for failure to comply with conditions precedent. (MASTR Asset Backed Securities Trust 2006-HE3 v. EquiFirst)
• Defended a financial institution against a putative class action alleging violations of California's Penal Code and Invasion of Privacy Act based on the recording of phone calls; obtained voluntary dismissal after moving for summary judgment. (O'Malley v. Aurora Loan Services) (C.D. Cal.)

Education

• J.D. William & Mary School of Law 2006
• • Graduated First in Class
  • Order of the Coif
  • Order of Barristers
• B.A. with distinction George Mason University 2003

Bar Admissions

• Virginia
• District of Columbia

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the First Circuit
• U.S. District Court for the Eastern District of Virginia
• U.S. District Court for the District of Columbia
• U.S. Bankruptcy Court for the Eastern District of Virginia

Professional Memberships and Activities

• Member, Fairfax Bar Association
• Member, Federal Bar Association
• Master, George Mason American Inn of Court

• Chambers USA, Litigation: General Commercial, Virginia, 2021 – 2023
• The Best Lawyers in America, 2024
  • Commercial Litigation, 2023
  • Litigation - Real Estate, 2023