Nicholas S. Hirst

Nick’s litigation practice encompasses complex commercial and securities matters in federal and state courts, including extensive experience in the New York Supreme Court and the Delaware Court of Chancery, as well as before arbitral bodies. He has represented public and private corporations, investment funds, real estate developers, and individuals as both plaintiffs and defendants in a wide variety of disputes including claims of fraud, breach of fiduciary duty, breach of contract, shareholder class actions, and claims arising under the Securities and Exchange Act. Known for being diligent, responsive, and easy to work with, Nick builds long-term client relationships by carefully crafting strategies that focus on clients’ priorities.

On the enforcement side, Nick has significant experience representing investment advisers, broker-dealers, and financial industry professionals in both FINRA and SEC enforcement actions. His technological savvy and case management skills help move matters quickly and cost-effectively. Fluent in securities industry intricacies and comfortable interfacing with regulators, Nick coordinates discovery, responds to subpoenas, defends depositions, drafts Wells submissions, and negotiates proposed charges with enforcement staff. He has also successfully advocated for clients seeking awards from the SEC’s Office of the Whistleblower under the expanded whistleblower provisions of the Dodd-Frank Act. 

On the corporate side, Nick has significant restaurant industry experience handling partnership, employment and leasing issues on behalf of several long-term clients.

A graduate of the University of Michigan Law School, Nick interned for the Honorable David D. Noce, a federal magistrate for the Eastern District of Missouri in his hometown of St. Louis. He is an avid photographer, cyclist, and lifelong Cardinals fan. 

• Successfully represented investment fund clients seeking injunctive relief in connection with a proposed $2 billion merger in Delaware Chancery Court. Following expedited proceedings and a two-day trial, the Chancery Court found that the committee that had approved the transaction lacked independence and, applying the fairness standard, the court enjoined the transaction.

• Served as lead counsel for a long-standing client as respondent in a FINRA arbitration seeking millions of dollars in damages for claims relating to alleged supervision failures. Achieved complete victory after the arbitration panel dismissed all claims following a four-day hearing.
• Represented a limited partner and property manager in an AAA arbitration involving claims of fiduciary breach and breach of contract relating to the ownership and management of a 500,000-square-foot office building. Successfully avoided dissolution of the partnership, leading to the sale of the building on terms favorable for the client.
• Negotiated successful resolution of a multimillion-dollar trading dispute over corporate bonds involving allegations of back-office irregularities on behalf of a brokerage firm and handled a related FINRA inquiry.
• Guided a hospitality industry client through the development of a new restaurant project for marquee space in Rockefeller Center. Assisted with corporate formation, leasing, and negotiation of management agreements.

• Successfully defeated attempted veil piercing in New York Supreme Court following the client’s emergence from a Chapter 11 bankruptcy. After oral argument, the New York Appellate Division, Second Department, dismissed the complaint.

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Honors & Recognitions

• Named to the New York Metro Super Lawyers list, 2021