Bio

Drawing on 20 years of experience at Axinn, Nicholas Gaglio counsels clients on a full range of antitrust issues, including civil non-merger and criminal cartel investigations, internal investigations, litigation, mergers and counseling. A skilled listener, Nick has assisted clients resolve antitrust problems in diverse industries ranging from recycled paper to beverage packaging, sports equipment to sports entertainment. Nick has represented clients in federal and state attorneys general investigations, including recently assisting a Japanese auto-parts company to negotiate a significant fine reduction. He has twice guided a major sports entertainment company through federal investigation, in both instances securing the closure of the investigation without a remedy or penalty being imposed. He has also assisted clients in conducting internal investigations. Nick’s broad antitrust litigation experience spans from conception through decision, and has included strategic assessment and crafting of claims and defenses, effective e-discovery management, tactical briefing and advocacy at various critical pre-trial stages, settlement evaluation and execution at trial. Nick is also a veteran of follow-on class action multidistrict litigation. Nick has assisted clients obtain antitrust clearance for large and complex strategic mergers, and does so frequently as global coordinating counsel. Recently, he served as global coordinating counsel to Ball Corporation in its $6.85 billion acquisition of Rexam PLC, which required filings in several international jurisdictions. Nick oversaw, in particular, securing of antitrust approval from Brazil’s CADE. Nick represented H.I.G. Capital and its holding company, recycled paperboard manufacturer Caraustar Industries, Inc., before the DOJ in 6+-month investigation of their $362.5 million acquisition of The Newark Group, which was closed without remedy or enforcement action. Nick also represented Caraustar in its acquisition of industrial product manufacturer Summer Industries. Nick has counseled corporations on antitrust compliance and in a variety of commercial contexts, including vertical distribution and e-commerce arrangements. Recently Nick advised a major sporting goods brand regarding its national roll-out of a minimum advertised price policy. Nick is currently Chair of the Antitrust Section of the New York State Bar Association. A member of the Section’s selective Executive Committee since 2009, he has served as Vice Chair, Secretary, Diversity Chair, Finance Officer, Membership Chair and a member of the Nominations Committee. He is also a member of the American Bar Association, Antitrust Section. Nick’s pro bono matters have included successfully representing indigent women seeking divorce and child support. He has also assisted with a successful petition for permanent status under the Violence Against Women Act. He counsels the Orange Giraffe Project ("OGP"), a tax-exempt organization dedicated to providing support to women cancer survivors, and assisted the OGP with obtaining its 501(c)(3) status. He has also been for many years an active supporter of the Practicing Attorneys for Law Students (“PALS”) Program, which enhances the skills and careers of minority law students and junior attorneys.