Nicholas K. Lagemann

NICK LAGEMANN has represented clients in complex commercial litigation cases in federal and state courts throughout the United States. He focuses his practice on commercial disputes, including breach of contract, fraud, breach of fiduciary duty and other business torts. Nick has particular experience in distressed asset litigation, including bankruptcy litigation proceedings and in connection with real estate litigation. A member of the firm’s Antitrust/Competition and Complex Commercial Litigation teams, Nick has represented businesses in all stages of litigation, from the formation of initial pleadings through discovery, dispositive motion practice, trial and subsequent appellate proceedings. He also has substantial experience with emergency litigation matters, including actions seeking injunctive relief, attachment, and other forms of expedited relief.

Recent representative matters that are public include:

Lead litigation counsel on behalf of an Official Committee of Unsecured Creditors in an adversary proceeding commenced in the United States Bankruptcy Court for the District of Delaware seeking to subordinate over $150 million in secured loans, as well as seeking substantial monetary damages from the Debtors’ primary equity holder and from certain directors of the Debtors.
Litigation counsel on behalf of the Debtors in a highly contested bankruptcy proceeding in the United States Bankruptcy Court for the Southern District of New York, including representation of the Debtors in connection with an investigation conducted by a bankruptcy examiner and in a series of contested matters brought by junior creditors.
Representation of a financial institution in connection with the acquisition of a major residential condominium development in Manhattan. Sidley successfully defeated two emergency attempts by the prior owners of the development to prevent foreclosure upon the ownership of the building, as well as numerous attempts by the prior owners to obtain discovery of Sidley’s client relating to the operation of the condominium after foreclosure.
Representation of an Ontario-based corporation in expedited adversary proceedings commenced in the United States Bankruptcy Court for the District of Delaware regarding the enforceability and priority of certain secured loans advanced to the Debtors.

Strong leadership in advising clients has earned Nick acknowledgement from a number of industry publications. This includes being named by New York Super Lawyers magazine to its “Rising Stars” list from 2011 to 2013.

In addition to his work on matters that have proceeded to litigation, Nick has represented and advised clients concerning their rights and obligations under various agreements and regarding potential business transactions. He has advised foreign-based clients concerning their rights and obligations in litigation, or potential litigation, in the United States. Nick has also represented clients in employment disputes, bankruptcy proceedings and various regulatory and white-collar investigative matters.

Prior to joining the firm in 2003, Nick served as a law clerk to the Honorable Gabriel W. Gorenstein of the United States District Court for the Southern District of New York.

Good to know

Areas of Practice 1) Antitrust/Competition and 2) Complex Commercial Litigation
Law School Benjamin N. Cardozo School of Law, J.D., 2002
Education Bates College, B.A., 1995
Bar Member / Association New York State Bar Association
Most recent firm Sidley Austin LLP
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