Nicole Masiello is a senior associate in the firm’s Appellate & Supreme Court practice. While her work focuses on writing and arguing dispositive motions and appellate briefs, Nicole represents individuals and companies at all stages of a dispute, from pre-litigation counseling through appeal to the highest courts. Nicole has experience representing parties in state and federal courts throughout the United States and at every level of the court system, including before the United States Supreme Court. She has also represented parties before federal agencies and in challenging federal agency action.
Nicole maintains an active pro bono practice with a focus on appeals in cases concerning civil and constitutional rights. She has argued before U.S. Courts of Appeals and has represented numerous pro bono clients before the United States Supreme Court, at both certiorari and merits stages and as amici curiae and named parties.
Prior to joining the firm, Nicole served as a law clerk to the Honorable Paul B. Matey, U.S. Court of Appeals for the Third Circuit, and the Honorable Victor Marrero, U.S. District Court for the Southern District of New York. Before clerking, she was an associate at an international law firm.
Nicole received a J.D. from Columbia Law School, where she was a Harlan Fiske Stone scholar, a semifinalist in the Harlan Fiske Stone Moot Court Competition, and a Notes Editor for the Columbia Human Rights Law Review. During law school, Nicole served as a judicial intern for the Honorable Paul A. Engelmayer, U.S. District Court for the Southern District of New York, and a summer law clerk at the United States Department of Justice, Office of Legal Policy. She is a graduate of the University of Notre Dame.
Experience
- Pharmaceutical manufacturer in ongoing litigation challenging numerous state laws related to participation in the 340B Program.
- Several pharmaceutical manufacturers in pre-litigation counseling concerning the meaning and application of new federal rules.
- Private individuals in a unanimous victory at the Supreme Court, restoring their ability to seek justice under the Anti-Terrorism Act.
- Criminal defendant in a successful petition for a writ of certiorari convincing the Supreme Court to hear a case concerning the federal criminal code.
- Private citizen in a unanimous victory at the Supreme Court concerning application of the state-action doctrine to private social media use by public officials. Lindke v. Freed, 601 U.S. 187 (2024).
- Former correctional officer in a unanimous victory at the Supreme Court establishing that purely legal issues resolved at summary judgment are preserved for appellate review even in cases that go to trial. Dupree v. Younger, 598 U.S. 729 (2023).
- Pharmaceutical company in a successful challenge to an FDA decision curtailing their rights under the Orphan Drug Act and subsequent appeal.
- Pharmaceutical company in successful Fourth Circuit appeal in complex civil RICO suit involving charitable co-pay foundations.
- Oil company in state court litigation related to climate change.
- Pharmaceutical company in major antitrust multidistrict litigation, including complex discovery and the preparation for several multi-day depositions of key witnesses.
Perspectives
Credentials
Education
- J.D., Columbia Law School, 2019, Harlan Fiske Stone Scholar
- B.A., Political Science, University of Notre Dame, 2015
Admissions
- New York
- U.S. District Court, Southern District of New York
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- Supreme Court of the United States
Clerkships
- U.S. Court of Appeals for the Third Circuit, The Honorable Paul B. Matey
- U.S. District Court, Southern District of New York, The Honorable Victor Marrero