Nicholas A. Duston, an associate with the firm, focuses his practice on complex commercial matters before federal and state courts in New Jersey and New York, including fraud and breach of fiduciary duty litigation, partnership and shareholder disputes, and complex financial and securities litigation.  His practice includes consumer fraud, false advertising, and other unfair competition claims as well as restrictive covenant, non-compete, and other employment litigation.  Nick also has experience in criminal defense matters, including appeals and motions for post-conviction relief as well as collateral civil litigation.

Nick has been involved in a number of business dissolution disputes, including a breach of contract and fiduciary duty litigation between the former partners of a failed New York hedge fund; and fraud, fraudulent transfer, and fiduciary breach litigation between the former partners of a New York/New Jersey law firm.  He has defended individual directors and officers of public and private companies, and has represented shareholders in direct and derivative claims brought against a company and its management.   Nick’s financial litigation experience also includes contract and fiduciary duty disputes related to complex financial instruments such as  residential and commercial mortgage-backed securities, floating asset collateralized debt obligations, and auction rate securities.

In employment matters, Nick represented a former CEO against claims brought by a large public company seeking to claw-back his salary pursuant to alleged criminal conduct and fiduciary breaches against the company.  Nick also handled a dispute over alleged misappropriation of trade secrets by a former employee; an employee’s claim of retaliatory discharge; and allegations that a non-compete agreement was fraudulently induced.  In unfair competition matters, he has represented manufacturers, distributors, and sellers of allegedly mislabeled products against claims of consumer fraud and false advertising.

Nick has handled government investigations by the SEC and other federal regulators and by state attorney generals and other state regulators.  He also has conducted an internal investigation into allegations that the foreign subsidiary of a U.S. pharmaceutical manufacturer violated the Foreign Corrupt Practices Act by making improper payments to government officials.  He has argued criminal appeals before New York’s Appellate Division, conducted re-sentencing hearings for drug offenders entitled to lower sentences under New York’s revised drug laws, and defended a police department and its officers against claimed civil rights violations occurring during an arrest.

Prior to joining Norris McLaughlin & Marcus, Nick was a commercial litigation associate with a large general practice law firm in New York City.  At Columbia University School of Law, he was a Harlan Fiske Stone Scholar, and a member of the Columbia Journal of European Law, and participated in the Non-Profit Organizations/Small Business Clinic.

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