Nicole G. McDonough, a Member of the Sills Cummis & Gross Litigation Department, has a diverse complex litigation practice, which includes commercial, trade secret, trust and estate, intellectual property, and real estate litigation matters.
Ms. McDonough represents companies from a broad range of industries in all stages of the litigation process in all state and federal courts in New Jersey and New York. Her extensive complex commercial litigation experience includes matters involving contract claims; corporate governance; LLC, shareholder and partnership disputes; dissolution, stock purchase and buyout matters; business tort claims; insurance disputes; fraud arising from the sale or purchase of a business; real estate disputes; and distributor, vendor, and business-to-business disputes.
Ms. McDonough also has considerable experience prosecuting and defending emergency actions before the Chancery courts in New Jersey, seeking emergent relief on behalf of her clients to protect their personal and business interests. Such actions include those necessary to protect confidential and proprietary business information and customer relationships; restrictive covenants; non-competition and non-solicitation agreements; and pre-emptive remedies such as freezing orders, replevin actions, and related proceedings. Ms. McDonough represents clients in these emergent matters, from initial investigation through resolution.
Representing both institutions and individuals, Ms. McDonough’s practice also includes assisting clients in trust and estate litigation involving probate matters, estates, trusts, and fiduciaries.
Ms. McDonough’s intellectual property practice is focused on disputes related to trademark infringement, misappropriation of trade secrets, unfair competition, unlawful business practices, antitrust claims, defamation, and rights of publicity. She has experience serving as local counsel in patent infringement matters on behalf of pharmaceutical companies, working closely with national patent counsel.
Ms. McDonough has extensive experience managing electronic discovery in complex state and federal matters. She effectively and efficiently implements solutions concerning general document management focused on the individual business needs of her clients. She guides clients through problems and disputes affecting their business matters, providing assistance that includes data preservation, data collection and storage, electronic and hardcopy document review and production, and assistance with and management of internal investigations, third party subpoenas, and civil litigation.
During law school, Ms. McDonough served as a judicial intern to the Honorable William J. Martini, United States District Judge for the District of New Jersey. Ms. McDonough was also a member of Seton Hall’s Interscholastic Moot Court Board, where she received advocacy and writing honors in multiple national competitions. She enjoys giving back to students interested in the legal profession by serving as a Bergen County Co-Coordinator for the Vincent J. Apruzzese High School Mock Trial Competition.