Nicole G. McDonough, a Member of the Sills Cummis & Gross Litigation Department, has a diverse litigation practice, which includes commercial, trust and estate, family, intellectual property, and real estate litigation matters. Known for her responsiveness and availability to her clients, Ms. McDonough is a seasoned litigator with a reputation for being a passionate and creative advocate.

Ms. McDonough represents companies from a broad range of industries in all stages of the litigation process in the state and federal courts in New Jersey and New York. Her extensive complex commercial litigation experience on behalf of those businesses includes matters involving contract claims, LLC, shareholder, and partnership disputes, dissolution and buyout matters, business tort claims, insurance disputes, and fraud claims. Ms. McDonough’s intellectual property practice is focused on disputes related to trademark infringement, misappropriation of trade secrets, unfair competition, unlawful business practices, defamation, and rights of publicity. Well-versed in the Local Rules for the United States District Court for the District of New Jersey, she also has substantial experience serving as local counsel throughout the District of New Jersey’s three vicinages, working closely with national counsel admitted pro hac vice.

Ms. McDonough has considerable experience with high-pressure litigation on behalf of businesses and individuals, prosecuting and defending emergency actions before the Chancery courts in New Jersey to protect her clients’ business and personal interests. On behalf of companies, such actions include those necessary to protect confidential and proprietary business information and customer relationships, restrictive covenants, non-competition and non-solicitation agreements, and pre-emptive remedies such as freezing orders. On behalf of individuals, such actions include probate matters and family law actions related to child custody and domestic violence. Ms. McDonough represents clients in these emergent matters, from initial investigation through resolution.

Representing both institutions and individuals, Ms. McDonough also handles a variety of family law matters involving all aspects of divorce, custody, parenting time, and support on behalf of high-net-worth individuals. Ms. McDonough’s practice includes representing fiduciaries and beneficiaries in estate litigation matters as well.

Keenly aware of the costs of litigation and known for implementing strategies to minimize them, Ms. McDonough has extensive experience managing electronic discovery in a cost-effective manner for her clients. She implements solutions concerning document management that address issues related to data preservation, data collection and storage, electronic and hardcopy document review and production, and assistance with and management of internal investigations and third-party subpoenas.

During law school, Ms. McDonough served as a Judicial Intern to the Honorable William J. Martini, United States District Judge for the District of New Jersey. Ms. McDonough was also a member of Seton Hall Law School’s Interscholastic Moot Court Board, where she received advocacy and writing honors in multiple national competitions. She enjoys fostering a love of the legal profession in the next generation by serving as co-coordinator of the New Jersey State Bar Foundation’s Vincent J. Apruzzese High School Mock Trial Competition for Bergen County each year.

Practices

  • Litigation
  • Estate Litigation
  • Intellectual Property Litigation
  • Family Law

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Representative Matters

    • Obtained summary judgment to remove holdover commercial tenant from valuable SoHo retail premises, which decision was affirmed on appeal.
    • Successfully resolved a trademark and trade dress infringement matter related to client’s creation and marketing of their relaxation beverage.
    • Obtained summary judgment in favor of client in case involving a business competitor’s tortious interference and conspiracy claims, which were brought following client’s desired relocation of its automotive business.
    • On behalf of a designer furniture manufacturer, successfully prosecuted trademark infringement claim asserting violations of the Lanham Act and Anticybersquatting Consumer Protection Act.

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Supreme Court

Newsroom

In the News

Presentations

Rankings and Recognition

  • Selected for inclusion in:
  • Best Lawyers: Ones to Watch® in America* 2021-2024, Commercial Litigation; Intellectual Property Law; Real Estate Law
  • New Jersey Law Journal®* "New Leaders of the Bar" 2022
  • New Jersey Super Lawyers®* 2023-2025, Business Litigation; Estate & Trust Litigation; Intellectual Property Litigation; Family Law
  • New Jersey Super Lawyers®* "Rising Stars" 2014-2022
  • NJBIZ®* "40 Under 40" 2022

* See Award Methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Affiliations

  • Treasurer, Bergen County Bar Association

    Member, Judicial and Prosecutorial Appointments Committee
    Former Secretary
    — Former Trustee
    — Past President,
    Young Lawyers Section

  • Member, New Jersey State Bar Association

  • Member, New Jersey Women Lawyers Association

  • Member, Women Lawyers in Bergen

  • Bergen County Co-Coordinator, Vincent J. Apruzzese High School Mock Trial Competition, New Jersey State Bar Foundation

  • 2019 Graduate, Bergen LEADS Leadership Program


Education

  • J.D., Seton Hall University School of Law, Dean Scholar
  • B.A., Northeastern University, summa cum laude

Bar Admissions

  • New Jersey
  • New York