Nicholas Napolitan joined Morrison & Foerster’s San Francisco office in 2007 as an associate in the Litigation Department. He worked as a law clerk for Judge Samuel Conti in the Northern District of California during 2009 – 2010, after which he rejoined the firm. He has litigation experience with federal and state False Claims Act and health care fraud statutes, as well as antitrust and deceptive trade practice matters. He also litigates commercial disputes. He has advised clients in contractual matters, and has assisted clients during investigations by the Department of Justice and the Securities and Exchange Commission.
Mr. Napolitan is a co-author, with Judson Lobdell of Morrison & Foerster, of the article “Apportionment of Liability Under the PSLRA,” published in the May 2012 issue of the Securities Litigation Report. He is also co-author, with Jennifer Lee Taylor of Morrison & Foerster, of the article “Fraud in the Trademark Office,” which appeared in the November 10, 2006 issue of the Patent, Trademark, & Copyright Journal.
In the summer of 2005, Mr. Napolitan worked in the Public Integrity Unit of the Office of the New York State Attorney General.
Mr. Napolitan received his J.D. from Columbia Law School, where he was designated a Kent Scholar and was a member of the Columbia Law Review. He received his B.A. from Macalester College in St. Paul, Minnesota, where he graduated summa cum laude with honors. He is also a member of Phi Beta Kappa. He is admitted to practice in California.
Represented a national pharmaceutical wholesaler in a series of suits concerning pharmaceutical pricing, involving multiple state False Claims Act- and health care fraud statutes; represented a national pharmaceutical wholesaler in various contractual disputes with retail purchasers;
Filed a successful motion to dismiss that eliminated all tort and punitive damages in a commercial dispute between a wholesaler and a group purchasing organization, which concluded with a favorable settlement; and
Represented the outside directors of Countrywide Financial Corporation in various securities class actions and shareholder derivative actions.