Nicholas M. Summo is a member of the firm’s Litigation and Alternative Dispute Resolution and Employment and Workforce Management Practice Groups.
Nick represents and counsels clients on a wide-range of commercial and employment law issues in both federal and state court, administrative proceedings, arbitrations, and mediations. Nick’s practice also focuses on representing physician clients in matters before the OPMC, and hospitals in medical staff credentialing and peer review matters. Nick also routinely conducts internal investigations for clients relating to sexual harassment and other personnel issues, and drafts and updates clients’ employee handbooks to ensure compliance with federal, state, and local law.
Prior to joining the firm, Nick served as an Assistant District Attorney in Bronx County, New York, where he investigated and prosecuted hundreds of criminal cases.
Experience
Secured dismissal of breach of contract, implied covenant of good faith and fair dealing, tortious interface with contract, and unjust enrichment claims against managed long-term care organization following a motion to dismiss.
Secured dismissal of plaintiff’s claims against hospital in federal civil rights litigation.
Secured dismissal of claims asserted against physician by her former medical billing service provider in New Jersey Superior Court.
Successfully defended dermatology practice in action by competing practice seeking injunctive relief.
Successful defense of hospital in proceeding before the New York State Division of Human Rights
Served on trial team that won a complete defense verdict on behalf of a New York City hospital in the United States District Court for the Eastern District of New York against four deaf patients alleging discrimination under federal, state, and city law.
Garfunkel Wild received prominent recognition in the 2025 editions of The Best Lawyers in America and The Best Lawyers in America: Ones to Watch. A total of 38 attorneys were honored with 59 individual recognitions across various practices and offices nationwide.
Thirty-Eight Garfunkel Wild attorneys were selected by their peers for inclusion in the 2024 editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch.
Thirty Five Garfunkel Wild attorneys were selected by their peers for inclusion in the 2023 The Best Lawyers in America® guide and the Best Lawyers “Ones to Watch” list. In addition, Partner Jason Y. Hsi was honored as “Lawyer of the Year” in the area of Litigation – Health Care Law.
On January 10, 2024, the United States Department of Labor (DOL) published a long-awaited final rule addressing when employers should classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed rule that would essentially ban the use of noncompete clauses in employment agreements. The proposed rule would also require employers to rescind current noncompete clauses and inform their current and former employees that they have stopped enforcement of such clauses.
Partner Leonard M. Rosenberg and Associate Nicholas M. Summo, co-authored the article “Physicians Convicted for Patient Deaths from Opioid Overdoses,” published in the American Bar Association’s Health Law Litigation – Section of Litigation, July 6, 2020 (Summer 2020, Vol. 16 No.2).
Additional speaking & writing
Publications
Physicians Convicted of Patient Deaths from Opioid Overdoses, American Bar Association’s Health Law Litigation- Section of Litigation Vol. 16 No. 2 (2020) (with Leonard M. Rosenberg)