Nicholas J. Secco

He serves as the Chair of Benesch’s Trial Practice Group. Benchmark Litigation recognized him as a National Litigation Star in 2024, based upon client reviews and feedback from peers who have seen him perform in court. Thompson Reuters named him a 2024 national Stand-Out Lawyer based on client nominations. The Legal 500 identified him as a leading practitioner in the field of Mass Tort and Product Liability Defense, calling him a “trial expert.”

Nick has conducted trials covered by The American Lawyer, Law360, National Law Journal, The New York Times, The Los Angeles Times, Crain’s Chicago Business and various other media outlets.

Nick’s notable matters have included the following:

Significant Trials

• Eight figure arbitration trial (March 2024). Defended large industrial concern against breach of contract claims.
• Nine-figure federal bench trial (June 2023 and August 2023). Nick was lead trial counsel for an owner/operator in a CERCLA case where the government sought more than $130 million in damages. Two phases of trial occurred on an expedited basis in the summer of 2023, separated by only two months. Nick gave opening statements and closing arguments, performed direct examination of key experts, and cross-examined experts advanced by the government and other defendants. As a consequence of these two trials, the Court found that Nick’s client was not responsible for clean-up costs in a half-mile industrial band surrounding the facility in question.
• Federal jury trial revolving around the validity of a patent (July 2023). Case settled after trial.
• Billion-dollar federal bench trial in the Central District of California (May 2022). Nick represented a primary defendant in a complex environmental case where the government sought nearly a billion dollars in remediation costs allegedly arising out of the operation of a secondary smelter ($136 million in historical expenditures and up to $700 million in future costs). Nick cross-examined key government experts, examined defense experts, and gave the oral closing argument on behalf of all defendants. Following trial, the Court issued a verdict in favor of defendants. In recognition of this victory, The American Lawyer selected Nick as Runner-Up for national Litigator of the Week.
• Eight-figure jury trial (May 2021). Nick represented an international entertainment and sports conglomerate against claims of breach of fiduciary duty brought by a professional athlete.  After nearly a month of evidence, the jury deliberated only three hours before finding in favor of Nick’s client on all counts;
• Eight-figure international arbitration trial for a national consumer goods company arising out of an alleged breach of contract. Following trial, the three-member tribunal completely rejected Claimants’ causes of action and awarded Nick’s client the full value of its counterclaim;
• Seven-figure arbitration trial for a large energy concern stemming from an alleged breach of contract. After trial, the three-member panel awarded Nick’s client the full value of its claims;
• Seven-figure arbitration trial for a manufacturing company. After trial, the sole arbitrator awarded Nick’s client the full value of its claims for breach of contract;
• Nine-figure bench trial in the Northern District of Illinois for a global manufacturing enterprise. Following the hearing, the Court dismissed the nine-figure claims of Nick’s adversary;
• Trade secret misappropriation jury trial in the Middle District of Florida. Case settled in the middle of trial;
• Complete defense verdict after a four-month jury trial in which the healthcare industry claimed that the costs of treating indigent patients should be borne by a consumer product company;
• Two product liability jury trials in Missouri;
• Nine-figure trade secret misappropriation arbitration trial on behalf of a Silicon Valley company. Settled on the eve of trial;

Significant Pre-Trial Victories and Other Matters

• Defended a cryptocurrency company in an eight-figure arbitration alleging breach of contract and violations of securities laws. State securities law claims were dismissed on a dispositive motion. The remainder of the case settled on confidential terms after submission of opening statements (May 2024).
• Defended international consumer products company against Lanham Act and RICO claims alleging false advertising. Plaintiffs sought tens of millions of dollars in damages. Following Nick's oral argument, the federal district court dismissed all claims on legal grounds. (November 2023)
• Defended Fortune 500 company in a multimillion-dollar breach of contract action in the Southern District of New York. After briefing and argument, the Court dismissed all claims against Nick’s client with prejudice. Nick argued the resulting appeal before the Second Circuit, which completely affirmed the trial court’s ruling;
• Eight-figure federal breach of contract action for a national paint company. Following briefing and oral argument, all of Plaintiff’s claims against Nick’s client were dismissed with prejudice by the Western District of Texas. Victory affirmed by the Fifth Circuit;
• Representation of an international chemical company in a toxic tort matter arising out of an alleged cancer cluster. Plaintiffs voluntarily dismissed their claims with prejudice following initial investigation and preliminary motion practice;
• Seven-figure breach of contract action for a national entertainment company in Delaware state court. Following discovery and depositions, the case settled on favorable terms;
• Nine-figure breach of contract and tort claim on behalf of a global chemical company that flowed from a massive natural gas leak in Louisiana. Following extensive discovery, the Court granted summary judgment in favor of Nick’s client on certain grounds and excluded a significant portion of the opposing party’s expert opinions. Case settled on favorable terms after those rulings;
• Multimillion-dollar wrongful death claims against a metals manufacturer in Pennsylvania state court.

Prior to joining Benesch, Nick spent the majority of his career at Kirkland & Ellis LLP, where he was a partner.