Attorney Profiles

Partner

Nicholas A. Migliaccio focuses his practice on representing plaintiffs in class and collective actions for wage and hour violations, civil rights violations, defective products, unfair and deceptive trade practices, and environmental contamination.

Education:

Georgetown University Law Center, J.D., 2001
Honors and activities: served as an editor of the Georgetown International Environmental Law Review

State University of New York at Binghamton, B.A., 1997
Honors and activities: cum laude, double major in environmental studies and philosophy

Admissions:

  • New York
  • District of Columbia
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the Western District of Pennsylvania
  • Pro hac vice admission in Courts across the country

Publications:

Mr. Migliaccio  co-authored “Environmental Contamination Treatise: Overview of the Litigation Process,” in R. Simons, Ph.D, When Bad Things Happen to Good Property (Environmental Law Institute, 2005).

Affiliations and Memberships:

Mr. Migliaccio has been a member of a number of professional organizations including the American Association for Justice, the National Employment Lawyers Association, the Metropolitan Washington Employment Lawyers Association, the Workers’ Injury Law & Advocacy Group, and the Trial Lawyers Association of Metropolitan Washington, DC. He has spoken at a number of professional seminars on employment rights and class action topics.

 

Partner

Jason Rathod litigates class actions across the firm’s areas of practice, including consumer protection, worker rights, and civil rights. Mr. Rathod has been appointed class counsel in a number of noteworthy class actions and has been the principal brief writer in several critical submissions, before trial and appellate courts, that resulted in favorable rulings concerning class certification and summary judgment.

Mr. Rathod has been recognized as a leader in his field beyond the courtroom. He is the author of several published works, including a law review article on aggregate litigation in poor countries. Another recent law review article that he co-authored, comparing public and private enforcement in the United State and Europe, was cited by the Consumer Financial Protection Bureau in its proposed rule prohibiting class action waivers in the fine print of consumer contracts.

Mr. Rathod graduated from Grinnell College in 2006 (B.A. with honors in Political Science and Religious Studies). After college, he traveled to Fiji, Mauritius, South Africa, Trinidad & Tobago, Guyana, and Suriname on a Watson Fellowship, studying the Indian Diaspora. He graduated law school from the Duke University School of Law in 2010, where he was an Articles Editor of the Duke Law Journal. In law school, he also worked for the Self-Employed Women’s Association in Ahmedabad, India on behalf of street vendors seeking an injunction against the city government for unlawful harassment and evictions.

Notable Cases Include:

  • Represented consumer classes in insurance overcharge cases, including by drafting appellate briefs about the propriety of class certification. The Sixth Circuit Court of Appeals affirmed order for the classes 3-0, leading to several multi-million dollar settlements
  • Represented worker class in wage theft assistant manager misclassification case against national restaurant chain that culminated in a $16.5 million settlement
  • Represented worker class in wage theft rate miscalculation case against multinational fracking company, resulting in $6 million settlement
  • Represented consumer class in defective laptop case against multinational computer manufacturer
  • Represented consumer class in defective construction case against multinational home builder, drafting key briefs leading to class certification and maintenance of suit in court, rather than arbitration

Education:

  • Duke University School of Law, J.D. 2010
  • Grinnell College, B.A., 2006

Admissions:

  • Illinois
  • Washington D.C.
  • United States District Court for the District of D.C.
  • United States District Court for the District of Maryland
  • United States District Court for the Western District of Pennsylvania
  • United States District Court for the District of Colorado
  • United States District Court for the Eastern District of Michigan

Publications and Speaking Engagements:

  • Trying the Class Action: Practical Tips from the Pros (June 4, 2015) (panelist)
  • The Arc and Architecture of Private Enforcement Regimes in the United States and EuropeA View Across the Atlantic, 14 U.N.H. L. Rev. 303 (2016) (co-authored)
  • Emerging Markets, Vanishing Accountability: How Populations in Poor Countries Can Use Aggregate Litigation to Vindicate Their Rights, 24 Transnat’l L. & Contemp. Probs. 69 (2014)
  • Note: Not Peace, But a Sword: Navy v. Egan and the Case Against Judicial Abdication in Foreign Affairs, 59 Duke L.J. 595 (2009)

Awards:

  • SuperLawyers Rising Stars, 2017 and 2018

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