Nicole G. McDonough, a Member of the Sills Cummis & Gross Litigation Department, has a diverse complex litigation practice, which includes commercial, trade secret, trust and estate, intellectual property, and real estate litigation matters.

Ms. McDonough represents companies from a broad range of industries in all stages of the litigation process in all state and federal courts in New Jersey and New York. Her extensive complex commercial litigation experience includes matters involving contract claims; corporate governance; LLC, shareholder and partnership disputes; dissolution, stock purchase and buyout matters; business tort claims; insurance disputes; fraud arising from the sale or purchase of a business; real estate disputes; and distributor, vendor, and business-to-business disputes.

Ms. McDonough also has considerable experience prosecuting and defending emergency actions before the Chancery courts in New Jersey, seeking emergent relief on behalf of her clients to protect their personal and business interests. 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, replevin actions, and related proceedings. Ms. McDonough represents clients in these emergent matters, from initial investigation through resolution.

Representing both institutions and individuals, Ms. McDonough’s practice also includes assisting clients in trust and estate litigation involving probate matters, estates, trusts, and fiduciaries. She also handles family law matters on behalf of high-net-worth individuals.

Ms. McDonough’s intellectual property practice is focused on disputes related to trademark infringement, misappropriation of trade secrets, unfair competition, unlawful business practices, antitrust claims, defamation, and rights of publicity. She has experience serving as local counsel in patent infringement matters on behalf of pharmaceutical companies, working closely with national patent counsel.

Ms. McDonough has extensive experience managing electronic discovery in complex state and federal matters. She effectively and efficiently implements solutions concerning general document management focused on the individual business needs of her clients. She guides clients through problems and disputes affecting their business matters, providing assistance that includes data preservation, data collection and storage, electronic and hardcopy document review and production, and assistance with and management of internal investigations, third party subpoenas, and civil litigation.

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’s Interscholastic Moot Court Board, where she received advocacy and writing honors in multiple national competitions. She enjoys giving back to students interested in the legal profession by serving as a Bergen County Co-Coordinator for the Vincent J. Apruzzese High School Mock Trial Competition.

Practices

  • Litigation
  • Estate Litigation
  • Intellectual Property Litigation

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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®* 2023-2024, Business Litigation; Estate & Trust Litigation; Intellectual Property Litigation
  • 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