Nick Kacprowski is a litigation partner in Kirkland & Ellis LLP's San Francisco office. His practice focuses primarily on complex commercial litigation. He has served as trial counsel in trials in both state and federal court and before arbitration panels. Nick's litigation experience includes issues involving contracts, fraud, fiduciary duty, California unfair competition law, privacy, securities, class actions, bankruptcy, antitrust, RICO and insurance. He has also represented clients in government investigations by both the DOJ and SEC. Nick sits on the firmwide pro bono management committee, and he is the coordinator for the San Francisco office on immigration pro bono matters.
Lead trial counsel in five-day jury trial in federal court for a pro bono client alleging violation of constitutional rights.
Trial counsel for a private equity fund in a seven-day arbitration hearing alleging breach of contract, fraud, and fiduciary duty. Arbitration panel returned a decision in client's favor and awarded client attorneys' fees.
Trial counsel in a two-week injunction hearing in state court seeking specific performance of a private equity investment agreement. Court granted injunction in client's favor.
Lead counsel for group of selling shareholders in a multi-million dollar arbitration over an earn-out agreement from the sale of their business. Case settled favorably for client.
Counsel for Facebook in IPO litigation.
Trial and appellate counsel in federal court for a private equity fund in a case alleging breach of contract, fraud, promissory estoppel, and quantum meruit. Trial court granted summary judgment in client's favor on all claims, and grant of summary judgment was affirmed on appeal to the Sixth Circuit Court of Appeals.
Trial counsel in bankruptcy court Chapter 11 confirmation trial. Case settled favorably after two days of trial, with Chapter 11 Plan of Confirmation approved.
Counsel for defense in class action in Texas federal court alleging breach of contract, fraud and violations of the Texas Deceptive Trade Practices Act. Case settled favorably for client. Lead counsel for client at preliminary and final approval hearings.
Counsel for insured in arbitration against insurer alleging breach of insurance policy. Case settled after filing of motion for summary judgment on behalf of insured, and insurer paid full policy limits.
Counsel for defense in class action in federal court with over 1.8 million nationwide class members alleging RICO violations. Case settled favorably for client.
Counsel for defense in a class action in California state court with over 1 million California class members alleging various invasion of privacy and unfair competition law claims. Case settled favorably for client.
Counsel for a private equity fund in a case regarding a $20 million post-closing purchase price adjustment based upon a stock purchase agreement. Case settled favorably for client.
Amicus counsel supporting appellants in en banc appeal to Ninth Circuit regarding interpretation of the Child Status Protection Act; lead legal brief before en banc panel, as the appellants did not file a brief for the en banc. En banc panel ruled in favor of appellants. De Osorio v. Mayorkas, 695 F.3d 1003 (9th Cir. 2012)(en banc).
Pro bono counsel for a gay Egyptian man applying for asylum in the United States based on fear of persecution in his home country. Won asylum for client.
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Hawaii
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Ninth Circuit