Overview
Nick Gorga is a litigation attorney who concentrates his practice on complex commercial litigation matters related to securities litigation, private equity litigation, government investigations, and class action defense.
- Represents private equity firms and their portfolio companies, venture capital firms, and their directors and officers in state and federal courts and arbitration across the nation in class action shareholder litigation, derivative litigation, mergers and acquisitions litigation, and corporate internal investigations, with a particular focus in litigation and dispute resolution arising out of the purchase or sale of a company’s assets or stock and other liquidity events
- Represents companies and their directors and officers in matters connected to internal investigations and government investigations by the Securities and Exchange Commission and the Federal Bureau of Investigation, particularly those relating to financial and accounting issues
- Serves as the vice-chair of the firm’s Litigation Department and as leader of the firm’s Private Equity Litigation Practice Group. Formerly served as the firm’s Hiring Partner and head of its Pro Bono Committee.
Services
Practice Areas
Experience
Representative Matters
Private Equity / Mergers & Acquisition Litigation
- Won summary disposition and then favorable settlement for private equity client in Michigan state court in connection with dispute with former top-level executives and stockholders in breach of fiduciary duty and breach of contract case.
- Negotiated extremely favorable settlement for private equity client in Michigan state court in connection with a dispute by former owner and CEO in connection with fraudulent representations and warranties in a purchase agreement for the sale of his company.
- Obtained dismissal of multi-million dollar complaint in Michigan state court by stockholders in an oil and gas company alleging breach of fiduciary duty and breach of contract.
- Obtained dismissal in federal court in Texas of putative shareholder class action for securities fraud against private equity firm and its principals over sale of company
- Received dismissal in federal court in Texas of RICO, breach of fiduciary duty, negligence, and gross negligence claims in lawsuit against private equity firm and its principals arising out of sale of membership interest in company
- Defeated summary judgment motion in state court in Michigan on behalf of private equity firm in connection with purchase of company and negotiated seven-figure settlement payment from seller
- Obtained favorable settlements from buyer of interests in company in litigation in state court in Michigan against private equity firm and its principals
- Negotiated an eight-figure settlement for private equity buyer in litigation in Delaware Chancery Court over fraudulent misrepresentations and breach of representations and warranties by private equity seller of marketing and advertising companies.
- Currently representing strategic buyer in litigation in federal court in Ohio against sellers of manufacturing business for fraudulent misrepresentations and breach of representations and warranties. Defeated motion for judgment on the pleadings and motions for sanctions.
- Currently defending seller of HVAC business in litigation in Delaware Chancery Court against former business partner against allegations of fraud, breach of fiduciary duty, and breach of contract.
- Negotiated an eight-figure settlement for strategic purchaser of pharmaceutical products from big pharma company in arbitration based on claims of fraud and breach of contract in connection with sale.
Securities Litigation
- Obtained dismissal on behalf of acquirer of publicly-traded technology company in a series of securities class action lawsuits in both Michigan state and federal court alleging securities fraud and breach of fiduciary duty.
- Obtained favorable settlement on behalf of multi-level marketing company in a series of putative class action lawsuits in Michigan federal court alleging securities fraud and RICO claims.
- Obtained favorable settlement on behalf of publicly-traded pharmaceutical company in a series of putative class action lawsuits in Michigan federal court by stockholders alleging securities fraud.
- Obtained dismissal of members of company’s special committee of its board of directors in lawsuit in Delaware Chancery Court asserting breach of fiduciary duty in connection with a public company merger and acquisition.
- Granted summary judgment in Michigan state court on behalf of publicly traded energy company in dispute with putative shareholder over alleged fraud in connection with sale of stock
- Currently representing publicly-traded mortgage company in a series of class action and derivative lawsuits in Michigan state and federal courts alleging securities fraud and breaches of fiduciary duty.
Class Action
- Defeated class certification in federal court in Ohio on behalf of company in a putative environmental class action arising out of the alleged discharge of hazardous material.
- Granted dismissal in Michigan federal court of putative class action against law firm in the mortgage foreclosure industry for violation of the Fair Debt Collection Practices Act
- Received dismissal in Michigan federal court of putative class action against title company and individual officers of that company for violation of the Fair Debt Collection Practices Act
- Granted dismissal in Michigan federal court of putative class action complaint alleging fraud against "big three" automaker and specialty vehicle company
- Obtained dismissal in Michigan federal court of complaint for RICO violations and violation of the Fair Debt Collection Practices Act against client in the mortgage foreclosure industry
Prior Experience
- Latham & Watkins, LLP, Chicago, IL, Litigation Associate, 2002-2008
- Environmental Law & Policy Center of the Midwest, PILI Fellowship, 2002
Credentials
Education
University of Michigan Law School, J.D.
- cum laude
Princeton University, A.B.
- English
- with honors
Admissions
- Michigan
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Wisconsin
Recognition
Awards
- The Best Lawyers in America, 2017-2024
- Recognized in practice area of Commercial Litigation
- Michigan Super Lawyers, 2013-2023
- Recognized as a Rising Star, 2009-2012
- Federal Bar Association, Eastern District of Michigan Chapter, Pro Bono Certificate of Appreciation, 2014
- "Brooks' Elite 40 Under 40," Oakland County Executive L. Brooks Patterson, 2013
- Crain's Detroit Business, Recognized as one of Crain's "40 under 40" Metropolitan Detroit business leaders under the age of 40, 2011
Professional & Community Involvement
- State Bar of Michigan
- Litigation Section
- American Bar Association
- Oakland County Bar Association
- OCBA American Inns of Court
- Federal Bar Association
- Hatch Detroit (www.hatchdetroit.com)
- Co-founder
- Board of Directors, Chairman, 2011-present
- Downtown Boxing Gym Youth Program
- Board of Directors 2017-present
- Kiva Detroit
- Board Member, 2011-2017
- Detroit Historical Society
- Board of Trustees, 2011-2016
- Detroit Country Day School
- Alumni Council, 2009-2016
- Princeton University, Alumni Giving for Michigan
- Regional Chair, 2008-2015
- Princeton Clubs of Michigan and Chicago
- Leadership roles, 2004-present
- Princeton in Chicago Schools
- Chair, 2007-2008