Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • 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

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

Memberships

  • Fairfax Bar Association

    Federal Bar Association

    Barrister, George Mason American Inn of Court

T +1 703.905.1455
F +1 703.821.8949
 

Nicholas M. DePalma

Partner

Nick DePalma is a first chair trial lawyer representing clients in disputes related to Lanham Act and other false advertising claims, government contracts, and trust and estate issues. He has significant experience in both commercial litigation and arbitration, securing verdicts, judgments, injunctions, arbitral awards, and settlements for advertisers, government contractors, executives, high net worth individuals, entrepreneurs, real estate developers, and pro bono criminal defendants. He has also represented companies defending against enforcement proceedings and lawsuits brought by federal agencies.

Significant Matters

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

Government Contracts Litigation
  • Secured $360,000 verdict as trial counsel in trial involving employee raiding and breach of fiduciary duty regarding government contractor employees. (Overlook Systems Technologies v. Lortie) (Fairfax Cir.)
  • Obtained and collected a $584,013.60 judgment against a subcontractor relating to weapons supply and static security in Afghanistan. (Aegis Defense Services, LLC v. Integrated Systems) (E.D. Va.)
  • Successfully defended foreign sovereign in suit brought by United States contractor relating to military support. (UNC Lear Services, Inc. v. Kingdom of Saudi Arabia) (W.D. Tex.)
  • Prosecuted claims against United States contractor on behalf of foreign sovereign on claims relating to the largest ice-skating rink in Kuwait; obtained $482,419.14 judgment. (Touristic Enterprises Co. v. PRC Commercial Refrigeration) (D. N.J.)
  • Successfully opposed motion to confirm arbitral award arising out of the construction of military barracks in Kenya. (Trax Const. Ltd. v. Dyncorp) (E.D. Va.)
  • Secured confidential settlement on behalf of a subcontractor in a contract dispute.
  • Secured confidential settlement for a Service-Disabled Veteran-Owned Small Business against a competitor in a trade secret case. (Fairfax Cir.)
  • Secured confidential settlement against competitor in a trade secret case. (Fairfax Cir.)  

Contract and Business Disputes
  • Trial counsel for creditor in suits involving large parcels of land in Northern Virginia; defeated preliminary injunction actions brought by junior creditor and land owner (Fairfax Cir.)
  • Represented biotechnology company defending action brought by patent holder under a license agreement. (American Arbitration Association)
  • Represented wind technology company defending action brought by 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.)

Shareholder Disputes
  • Obtained summary judgment of $637,867.42 for executive in stock options case. (E.D. Va.)
  • Obtained dismissal of all counts and an award of attorney's fees in a $6 million shareholder suit for fraudulent inducement. (Murayama v. NISC) (Fairfax Cir.)
  • Secured confidential settlement for executive in arbitration involving ownership dispute. (American Arbitration Association)
  • Defeated all claims against executive defending arbitration relating to an earn-out agreement arising out of foreign telecommunications company sale. (American Arbitration Association)

Financial Services Litigation
  • Defended financial institution against claims relating to mortgage loan; obtained complete dismissal of all claims. (Uzoma v. Barclays). (D. Md.)
  • Defended financial institution against putative class action relating to mortgage loan; obtained summary judgment. (Vincent v. Barclays) (S.D.N.Y.)
  • Defended mortgage loan originator in action brought by certificate holders against mortgage loan originator 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 financial institution against putative class action asserting allegations 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.)

Trust and Estates Litigation
  • Lead counsel for trust and trustees in action for accounting by purported beneficiary. (Loudoun Cir.)
  • Represented personal representative in undue influence case involving bequest of $20,000,000 to the University of Maryland (Md. Cir.)