Nicole Berkowitz Riccio*

Obtained preliminary injunctive relief and favorable settlement on behalf of national lawn care company in trade secret and trademark infringement case involving theft of customer records and adoption of similar trademark after asset purchase in the United States District Court for the Western District of Tennessee.

Successfully petitioned for injunctive relief on behalf of automotive service business in trade secret misappropriation case involving customer lists and proprietary financial data.

Achieved favorable settlement on behalf of medical supply company in unfair competition matter after obtaining major victories on summary judgment and the exclusion of competitor's liability and damages experts in the United States District Court for the Southern District of Florida.

Obtained injunctive relief and favorable settlement for broker-dealer firm in trade secret misappropriation and breach of contract case pending before FINRA.

Assisted in achieving favorable settlement in group of cases against former licensee of consumer products chain involving breach of confidentiality, trademark and trade dress infringement, and false advertising in the United States District Court for the Western District of Tennessee and the United States District Court for the Northern District of Mississippi.

Achieved a favorable settlement in a case involving theft of software trade secrets by a former vendor in the United States District Court for the Eastern District of Louisiana .

Frequently provide guidance to clients on best practices for protecting and maintaining trade secrets.

Obtained injunctive relief and favorable settlement for casual dining franchisor in breach of contract and trademark infringement dispute with former franchisee.

Assisted in achieving favorable settlement in complex litigation alleging violations of the Visual Artists Rights Act and constitutional violations.

Successfully petitioned for permanent injunctive relief in trademark infringement dispute against competitor trucking company.

Successfully enforced numerous trademarks and copyrights in disputes regarding counterfeit and imitation products sold on Amazon, Alibaba, and Etsy.

Negotiated favorable settlements in numerous trademark infringement disputes on behalf of consumer product manufacturers, health care providers, property management companies, and businesses in the restaurant and hospitality industry. 

Represented trademark owner in federal court action involving trademark infringement claims for products sold on Amazon.

Prosecuted and defended numerous trademark opposition actions before the Trademark Trial and Appeal Board.

Manage and enforce trademark portfolios for multiple health care providers, consumer product manufacturers, financial services companies, and retail businesses.

Assisted in achieving favorable resolution in complex patent infringement case involving technology for vehicle monitoring and tracking in the United States District Court for the Eastern District of Texas.

Assisted in negotiating favorable settlement in patent infringement case involving traffic control technology in the United States District Court for the Southern District of Florida.

Successfully petitioned to invalidate seven patents for indefiniteness, leading to a favorable settlement, in a patent infringement case involving building products technology in the United States District Court for the District of Delaware.

Represented client in a patent infringement case involving multiple design patents for electronic household appliances in the United States District Court for the Western District of Wisconsin.

Successfully enforced utility patents for consumer electronics manufacturer through Amazon's Neutral Patent Evaluation Process.

Successfully represented national real estate investment trust in arbitration proceedings in which plaintiff had sought more than $75 million in damages for the alleged breach of contract and tortious interference with business relationships.

Assisted in achieving favorable settlement of shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged breaches of fiduciary duties in connection with multi-billion dollar merger agreement.

Represented fast casual restaurant chain against shareholder class action alleging violations of federal securities law in connection with cash-out merger in U.S. District Court for the Eastern District of Tennessee.

Assisted in achieving favorable settlement on behalf of national automotive service chain in complex breach of contract matter.

Prevailed on motions to dismiss for lack of personal jurisdiction in two related cases in which plaintiffs sought to impose liability on parent company.

Successfully opposed an award of attorney's fees following a disclosure-only settlement in shareholder class action in connection with a multi-billion-dollar acquisition in Maryland state court.

Achieved dismissal of majority of claims and negotiated favorable settlement of suit alleging violations of the Tennessee Litigation Financing Consumer Protection Act against a litigation financier.

Prevailed on a motion to dismiss and successfully argued for affirmance on appeal to the U.S. Court of Appeals for the Sixth Circuit in a case brought by a journalist alleging that a municipal policy violated her constitutional rights.

Successfully petitioned the Tennessee Court of Appeals to overturn the trial court's denial partial summary judgment in an interpleader/breach of contract dispute.

Represented amicus curiae in a landmark Tennessee Supreme Court case involving the statute of limitations in breach of contract actions.