Mr. Nagel has nearly three decades of first-chair trial and appellate experience in federal courts around the country and in New York State, as well as experience handling complex regulatory and criminal investigations, domestic and international arbitrations, and mediations. His practice includes counseling, investigating, and litigating a wide array of business and commercial matters in the areas of securities, RICO, compliance, banking, white collar crime, contracts, partnerships, employment, class actions, antitrust, and e-discovery. He also works closely with companies to develop long-term C-suite strategies to mitigate litigation and risk events.
Mr. Nagel has worked extensively with financial institutions, including banks, hedge funds, and private equity firms, as well as both public and private companies, many of which are international in scope. He also advises mid-sized corporate clients and executives on business practices, compliance issues, pre-litigation corporate structuring, employment matters, and data security and privacy issues.
Mr. Nagel serves as Co-Chair of the firm’s Securities practice and is a member of the firm’s Professional Development Committee. Additionally, he is a senior member of the firm’s E-Discovery Task Force and works in an inter-disciplinary capacity with the firm’s Cross-Border Transactions Team.
Mr. Nagel has been named to the New York Metro Super Lawyers list in the category of Business Litigation.
Areas of Focus
Securities, Hedge Fund, Banking, and Private Equity Work
Mr. Nagel has represented a variety of clients in the financial services, hedge fund, banking, and private equity space. He counsels clients on a range of securities law matters, regulatory compliance (including before the SEC, CFTC, ICE, and other regulatory bodies), and broker-dealer issues. He also represents funds and individuals in connection with civil litigation and arbitration claims, as well as clients in SEC, CFTC, and white collar investigations involving a variety of federal statutory issues, including alleged securities, RICO, and antitrust violations.
Federal Litigation and Class Actions
Mr. Nagel works on complex federal litigation matters and has substantial class action experience, from the pre-certification phase through case resolution. He has provided counsel as part of larger attorney teams in mass actions, as well as individually in defending clients against class action allegations. He has appeared in federal courts throughout the country and successfully defeated class certification or otherwise successfully resolved numerous class action claims at the pleading stages.
International and Cross-Border Transactions
Mr. Nagel works with the firm’s Cross-Border Transactions Team and has represented numerous international clients, advising on cross-border transactions and various aspects of international law and its intersection with U.S. domestic laws. He has successfully defended cases involving international human rights and sovereign immunity issues, Anti-Terrorism Act cases, cases brought under the Alien Tort Statute, and FCPA and AML compliance actions.
Business & Commercial Litigation
Mr. Nagel handles litigation that includes claims involving partnership disputes, breach of contract actions, breach of fiduciary duty, fraud, and malpractice. He has successfully defended cases involving criminal and civil antitrust claims, First Amendment claims, negligence actions, and claims of employment discrimination.
Electronic Discovery
Mr. Nagel regularly advises clients on a wide range of document retention and e-discovery issues, data security and privacy concerns, and information management practices. He has served on numerous e-discovery panels, lectured on e-discovery, and authored many articles. He is a senior member of the firm’s E-Discovery Task Force.
Appellate Practice
Mr. Nagel has represented numerous corporate clients in federal and state appeals, in some cases replacing trial counsel for purposes of the appeal. He is a former federal law clerk to J. Clifford Wallace, previously the Chief Judge for the Ninth Circuit Court of Appeals. Mr. Nagel has briefed and argued appeals before the U.S. Court of Appeals for the Second Circuit, New York State Appellate Division, and other appellate courts.
Website Compliance
Mr. Nagel counsels clients with respect to website access and compliance requirements under the Americans with Disabilities Act and other disability laws, as well as website accommodation litigation.
Credentials
Education
New York University School of Law (J.D., magna cum laude)
- Winner, Orison S. Marden Moot Court Competition
- Member and Senior Production Editor, Annual Survey of American Law
- Select Awards: Order of the Coif, Judge Lieberman Award for Outstanding Criminal Law Scholarship, American Jurisprudence Award in Civil Procedure
New York University (M.A.)
Cornell University (A.B., magna cum laude)
- Select Awards: Phi Beta Kappa, Schoellkopf Memorial Merit Scholarship
Professional Admissions
State of New York
Supreme Court of the United States
United States District Court for the Eastern 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 Court of Appeals for the Second Circuit
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 Eighth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the District of Columbia Circuit
Professional Activities
Association of the Bar of the City of New York
Past Committee Service: Judiciary Committee, Arbitration, Federal Courts
Federal Bar Council
American Bar Association
International Law Committee
Judicial Clerkship(s)
Law clerk to the Honorable J. Clifford Wallace, former Chief Judge of the United States Court of Appeals for the Ninth Circuit, 1994-1995
Civic/Charitable Activities
EPIC Long Island, Board Chair
Global Kids, Inc., former Board Member
Supporter: Long Island Council on Alcohol and Drug Addiction (LICAAD), Boys & Girls Club Newark
Legal Employment
Cravath, Swaine & Moore LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Milbank, Tweed, Hadley & McCloy LLP