Overview
James (Jim) Nicholas focuses his practice on federal and state labor and employment issues and litigation for life sciences, tech, private equity and portfolio companies. He is sought after to handle high-stakes matters relating to employee classification, wage and hour, leaves of absence, discrimination and harassment, wrongful termination and the enforcement of noncompetition and nondisclosure agreements, especially in Massachusetts and California.
Jim is an experienced litigator, frequently defending employers against wage and hour class actions brought under the Fair Labor Standards Act and state wage and hour laws. He represents employers in cases involving claims of discrimination and harassment, breach of contract, defamation, noncompetition defense and enforcement, and shareholder disputes.
Jim regularly advises clients on employment-related issues that arise in connection with transactional matters, such as mergers and acquisitions, asset deals and financing events—including with respect to sophisticated employment arrangements, retention agreements, bonus plans and equity compensation matters.
Clients also turn to Jim as a strategic advisor relating to the terms and use of offer letters, noncompetition and nondisclosure agreements, employee handbooks and personnel policies.
Prior to his legal career, Jim served in the US Army Reserve for six years as a civilian affairs specialist.
Results
- Obtained dismissal of a nationwide wage and hour class action based on enforceability of arbitration agreements applicable to named class representatives*
- Obtained summary judgement in favor of staffing agency involving claims by former executive for breach of contract and violation of the Massachusetts Wage Act*
- Advised private equity and strategic buyers and sellers on labor and employment matters in transactions across industries such as technology, staffing, healthcare, logistics, robotics, biotech and pharmaceuticals*
*Matter handled prior to joining McDermott
Recognitions
- Best Lawyers in America, Employment Law – Management, 2022-2023 and 2025
- Massachusetts Super Lawyers, “Rising Star,” 2005-2012 and 2016
Community
- Hingham Youth Football, Coach/Advisor
- Hingham High School Football and Lacrosse Boosters, 2021-2022