Michael Nacchio

Associate || Morristown

Michael represents management in employment-related disputes before state and federal courts and administrative agencies in both New Jersey and New York. He has defended large and small companies, professional firms, hospitals, government agencies, and individual defendants in claims alleging wrongful termination, discrimination, harassment and sexual harassment, retaliation, whistleblowing, wage and hour, and unfair competition. Michael is an experienced trial attorney who has obtained defense verdicts in both state and federal court as well as summary judgments and dismissals alike. He also counsels clients towards proactive solutions and policies aimed at preventing disputes and has experience conducting sexual harassment trainings.

Prior to joining Ogletree, Michael served as an Assistant Corporation Counsel for the City of New York in the Office of the Corporation Counsel. He most recently served in the Labor and Employment Division as a Senior Counsel and was responsible for the defense of senior and commissioner level officials as well as the City’s agencies, such as the New York City Police Department, Fire Department, Department of Education, and NYC Health + Hospitals. Before that, he served in the Manhattan Borough Unit of the Tort Division as a back-to-back trial attorney.

In law school, Michael was an Intraschool Editor of the Brendan Moore Trial Advocacy Center and competed on four national trial competition teams, twice advancing to the national finals. He was an Associate Editor of the Fordham Intellectual Property, Media, and Entertainment Law Journal and interned with the New York City Department of Investigation.

Michael is active with both the Fordham Law School alumni and the Georgetown University Baker Scholars alumni groups. He is a native of Morristown.

Learn more about Michael Nacchio

Significant First Chair Trial Experience

  • Obtained complete defense verdict in federal jury trial of Title VII and NYC Human Rights Law race and religious discrimination claims;
  • Obtained defense verdicts on all Title VII and New York State claims in federal jury trial of gender stereotyping and sexual orientation harassment and retaliation action; secured favorable $20,000 verdict on NYC law harassment claim and a two-thirds reduction in attorney’s fees for plaintiff’s limited success and overbilling;
  • Obtained complete defense verdict on behalf of police department in jury trial of excessive force battery claims;
  • Obtained complete defense verdict on behalf of correction officials in jury trial of state and federal excessive force battery claims;
  • Obtained favorable verdict in three-week jury trial on behalf of police department in wrongful death action where jury found plaintiff two-thirds at fault for his own death; negotiated five-figure settlement post-verdict.
  • Obtained two complete defense verdicts in general negligence jury trials, plus two directed verdicts.
  • Selected nineteen juries and negotiated numerous favorable trial settlements.

Significant Motion Practice Experience

  • Authored reply brief securing summary judgment on all claims in New Jersey Law Against Discrimination and Equal Pay Act wrongful termination suit;
  • Secured summary judgment on all claims in federal, state, and NYC law age discrimination and breach of contract wrongful termination action of a former chief physician of a public hospital;
  • Secured summary judgment on all claims in federal, state, and NYC law religious and national-origin discriminatory discharge action of a former pharmacist of a public hospital;
  • Secured dismissal of all claims in federal, state, and NYC law disability discrimination and retaliation action;
  • Secured dismissal of all federal race discrimination claims where former police supervisor was terminated for sexual abuse of a female coworker, and later convicted;
  • Secured dismissal of a prolix pro se discrimination complaint filed by a teacher based upon violation of Rule 8 of the Federal Rules of Civil Procedure, affirmed on appeal.

Education

  • J.D., Fordham University School of Law, 2010
  • B.A., Georgetown University, 2006

Admittance to Practice

  • New Jersey
  • New York
  • U.S. District Court, Eastern, Northern, and Southern Districts of New York
  • U.S. District Court, District of New Jersey

Insights by Michael Nacchio