Nicholas K. Lagemann – Trif & Modugno

Nicholas K. Lagemann is a seasoned litigator who has represented clients in complex commercial disputes in federal and state courts, as well as in arbitration and other forums.

Mr. Lagemann brings more than two decades of experience litigating high-stakes matters to his practice, counseling businesses and individuals through every stage of contentious matters – from early case assessment and emergency applications through discovery, dispositive motion practice, trial and appeal.

Mr. Lagemann’s practice is focused on commercial litigation, with particular depth in breach of contract, fraud, fiduciary duty and other business related claims. He has extensive experience in distressed asset litigation, including bankruptcy-related proceedings, real estate disputes, and business divorce scenarios.

In addition to representing clients in litigation matters, Mr. Lagemann regularly advises clients on their rights and obligations under commercial agreements and in connection with business transactions. He has particular experience counseling foreign based clients navigating litigation and pre-litigation disputes in the United States, offering practical, cross-border perspective on complex procedural and substantive issues. Mr. Lagemann also has substantial experience handling matters involving emergency litigation, including actions involving requests for injunctive relief, attachment, and other forms of expedited judicial intervention.

Mr. Lagemann began his legal career as a law clerk to the Honorable Gabriel W. Gorenstein at the United States District Court for the Southern District of New York. He continued his legal career as an associate and then a partner in the New York office of Sidley Austin LLP. From there, he emigrated to become a partner at the offices of a regional law firm based in New Jersey. He earned his juris doctor from the Benjamin N. Cardozo School of Law in 2002 and a Bachelor of Arts in history from Bates College in 1995.

Mr. Lagemann has been repeatedly recognized by various publications, including Super Lawyers in the areas of Business Litigation and Antitrust Litigation. He has devoted significant time and efforts towards pro bono service, most notably as a primary member of a team of attorneys who secured a landmark victory in 2012 by overturning a capital murder conviction and death sentence of a client in Alabama. Mr. Lagemann successfully argued against the State’s appeal of that decision before the Alabama Court of Criminal Appeals, securing a unanimous affirmance of the lower court’s decision and order. In 2015, the client regained his freedom after fifteen years of incarceration, including thirteen on death row in Alabama.

Selected notable decisions and representations include:

Secured decision overturning capital conviction and death sentence in Alabama. See State v. Ziegler, 159 So. 3d 96 (Ala. Crim. App. 2014).
Obtained summary judgment enforcing loan agreement and finding of default. See Great Rock Capital Partners Mgmt. LLC v. Wingtip Communications, Inc., 224 A.D.3d 442 (1st Dep’t 2024).
Represented clients in dispute with business partner concerning wrongfully seized business. Obtained initial injunctive relief forcing adversary to return control over company and successfully negotiated resolution.
Successfully represented client on appeal to overturn lower court’s finding of contempt. See Matter of 4042 E. Tremont Café Corp. v. Sodono, 177 A.D.3d 456 (1st Dep’t 2019).
Represented Official Committee of Unsecured Creditors during investigation of secured lender and subsequent filing of ultimately successful adversary proceedings.
Represented client in three-week trial in the United States District Court for the Southern District of New York, resulting in substantial verdict in favor of client.
Obtained summary reversal of trial court decision refusing to transfer venue. See Trump v. Deutsche Bank Trust Co. Amers., 65 A.D.3d 1329 (2d Dep’t 2009).