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Nicolle L. Jacoby’s practice focuses on a broad range of matters including employment and labor disputes, internal investigations of companies and complex commercial and securities-related litigation and arbitration.

In the employment area, Ms. Jacoby counsels clients on whistleblower claims, high risk terminations and severance arrangements. She litigates high stakes non-compete and employment discrimination cases. She also advises on compliance with state and federal anti-discrimination laws and drafts personnel policies and procedures for use by public and private companies.

Ms. Jacoby regularly represents parties in securities fraud and commercial matters as well as in SEC, US Attorneys’ Office, and other government investigations and administrative proceedings. She has substantial experience litigating cases in federal and state courts across the country and in handling arbitrations and mediations before the American Arbitration Association and private arbitrators and mediators.

She has also successfully counseled and defended many financial institutions, including hedge funds, investment advisers and a variety of public companies, their officers, and employees, in connection with diverse litigation matters and government investigations. Ms. Jacoby has represented clients in fields including investment banking, financial services, media, insurance, pharmaceuticals, health care and the dairy industry. Representative financial institutions include AIG, Bank of New York, BAWAG, Citigroup, Goldman Sachs and INVESCO Senior Secured Management, Inc.

Significant Representations

  • Obtained dismissal on motion of complaint brought by former Chief Executive Officer of Austrian bank against Bank’s former counsel and executives.
  • Successfully defended SEC registered investment adviser in AAA arbitration brought by former marketing representative alleging right to commissions; all affirmative claims rejected by Panel following hearing.
  • Successfully defended global law firm against allegations of disability discrimination resulting in favorable resolution.
  • Represented a large Austrian bank in multiple proceedings arising out of the Refco bankruptcy, resulting in the negotiation of a complex, multi-faceted settlement with the Creditors’ Committee, the shareholder class, the U.S. Attorneys’ Office, the Securities and Exchange Commission (SEC) and other parties.
  • Successfully represented a senior hedge fund manager in an SEC insider trading inquiry.
  • Defended a large financial services institution in fraud and tax-related litigation brought in multiple jurisdictions, resulting in the dismissal of a series of state court actions.
  • Successfully defended a bond trader in connection with an insider trading investigation conducted by the SEC and the U.S. Attorneys’ Office for the Southern District of New York.
  • Defense, leading to a voluntary dismissal by the plaintiff, of an antitrust and tortious interference action brought against large dairy distributor in the U.S. District Court for the Eastern District of New York.
  • Assisted in conducting an internal investigation of hospitals relating to an employee’s receipt of bribes and kickbacks from outside vendor and subsequent prosecution of New York state court action to recover monies as a result of employee and vendor’s improper conduct.
  • Successfully litigated a non-compete case for a large financial services provider seeking to restrain a former fund manager from breaching an employment agreement.
  • Obtained dismissal on summary judgment of a Title VII gender discrimination case brought against large pharmaceutical company in federal district court in Maryland.
  • Obtained dismissal on summary judgment of a Title VII national origin discrimination case brought against a medical device manufacturer in federal district court in New Jersey.

Education

Brown University, B.A., 1989, magna cum laude, Phi Beta Kappa
University of Pennsylvania Law School, J.D., 1992, Articles editor of the Comparative Labor Law Journal

Court Admissions

United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York
United States Court of Appeals for the Second Circuit

Bar Admissions/Qualifications

New York
District of Columbia