Nicholas S. Napolitan

Nicholas S. Napolitan

Associate

San Francisco, (415) 268-6789

Education

Macalester College (B.A., 2004)
Columbia Law School (J.D., 2007)

Bar Admissions

California

Nicholas Napolitan is an associate in the firm’s Litigation Department. His practice focuses on litigation that involves the federal False Claims Act, as well as state false claims acts and health care fraud statutes, particularly actions brought by attorneys general. He has assisted clients during investigations by both the Department of Justice and the Securities and Exchange Commission. Mr. Napolitan also has experience in litigating commercial disputes and complex contractual matters, and he advises clients on a wide variety of contractual matters.

Mr. Napolitan is a co-author, with Paul Flum of Morrison & Foerster, of the article “U.S. Supreme Court Rejects Presumption of Prudence In ERISA ‘Stock Drop’ Cases,” published in the August 2014 issue of the Bender’s Labor and Employment Bulletin. Mr. Napolitan is also the 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.

Mr. Napolitan worked as a law clerk for Judge Samuel Conti in the Northern District of California during 2009 – 2010. Before coming to Morrison & Foerster, 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 is admitted to practice in California.

Representative Matters

False Claims Act Litigation

  • Representing a national credit rating agency in a California False Claims Act action, brought by the California Attorney General to recover the alleged investment losses of California pension programs.
  • Representing a group purchasing organization and distributor in qui tam actions alleging violations of the federal False Claims Act, predicated on violations of the federal Anti-Kickback Statute.
  • Represented a national pharmaceutical wholesaler in a series of suits concerning pharmaceutical pricing, involving the federal False Claims Act and multiple state false claims acts and health care fraud statutes.

Commercial Litigation/Contract Disputes

  • Representing a consortium of health care providers in a suit to protect the providers and their employees from breaches of their privacy, and to enforce the contract rights of the consortium and its members.
  • Representing an information technology service provider in a contract dispute with a health care analytics company, concerning data ownership and health care privacy issues.
  • Represented a national pharmaceutical wholesaler in a contract dispute with a national retailer, resulting in a favorable early settlement.
  • 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.

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