Morgan C. Nighan

Morgan is a tenacious advocate and litigator with extensive experience representing clients in the healthcare and financial services industries.

Morgan takes the time to understand her clients’ businesses, and presents efficient solutions that resolve disputes and align with their goals. She draws on over a decade of courtroom and litigation experience to help clients meet challenges, resolve business disputes, and manage risk and compliance considerations that impact their success.

My focus

Healthcare

I lead the firm’s Healthcare Dispute Resolution Team, advising clients on pre-litigation compliance counseling, dispute resolution, litigation, government investigations, and corporate restructurings across the country. I have delivered successful results for hospitals and hospital associations in New Hampshire, New York, and Texas through administrative agency litigation against the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS).

Throughout the COVID-19 pandemic, I counseled hundreds of companies on compliance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Economic Aid Act, and related legislation, including the Paycheck Protection Program (PPP) and the Provider Relief Fund (PRF). I represent clients in administrative litigation regarding these programs against the Small Business Administration (SBA), CMS, and HHS. I advise on the risks of distributing COVID-19 vaccines and the immunity protection available pursuant to the Public Readiness and Emergency Preparedness (PREP) Act.

I represent Chapter 11 debtors, creditors, and other parties in complex bankruptcy litigation. My work includes the contested confirmation trials of Energy Future Holdings Corp. in Delaware, where I litigated and tried claims for $1 billion in principal and interest, and a contested adversary proceeding involving client Lehman Brothers Holdings, Inc. I frequently represent clients in the healthcare industry as both debtors and creditors. I also co-chair the Boston Bar Association (BBA) Bankruptcy Steering Committee and serve on the board of directors for the New England Chapter of the International Women’s Restructuring and Insolvency Confederation (IWRIC).

I represent companies in connection with contract disputes, business torts, employment claims, and other commercial and financial matters.

I defend companies and individuals under investigation by governmental agencies, including U.S. and state attorney general offices, the Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).

I draw on over ten years of experience at Nixon Peabody and the experience and talent of more than 600 attorney colleagues to develop strategic legal solutions for clients. If I am unable to answer your question, I know the attorney who can.