Nicholas Anaclerio

Nicholas Anaclerio represents companies in critical workplace disputes involving the full range of employment issues, including restrictive covenants, trade secret theft, breaches of fiduciary duty, employment discrimination and alleged violations of wage and hour laws. He helps clients attract and retain top executive talent while protecting against competitive threats.

A fiercely client-focused advocate, Nick works closely with companies to understand their risk tolerance, time constraints and budget considerations. He is committed to finding the right solution for every client, whether it involves seeking early dispute resolution or advancing to trial. Equally comfortable in litigation, arbitration, appellate proceedings and settlement discussions, Nick understands that a “win” is only a win when it serves the client’s interests.

As a trusted advisor in industries including health care, food manufacturing, telecommunications, gaming and more, Nick is also known for helping clients avoid workplace litigation. He works to identify and correct potential issues, improve compliance with workplace regulations and resolve disputes before they escalate. His litigation experience provides valuable insight into what triggers claims and how judges, juries and other decisionmakers will assess contracts and conduct.

Nick’s client relationships are marked by strategic thinking, creative solutions and open communication. He works tirelessly to earn his clients’ trust and appreciates the privilege of serving them.

Experience

• Leveraged expedited discovery to expose a former employee group’s complex scheme of deception and wage theft, put the former employee group out of business and negotiated settlement terms including comprehensive non-compete and non-solicitation covenants and monetary relief surpassing the client’s total legal expenses.
• After exposing two top-performing salespeople’s duplicity and breaches of fiduciary duty, compelled their terminations by a rival business, which agreed in settling to cease doing business in the disputed territory.
• Won both a temporary restraining order and preliminary injunction against a client’s former pharmacy salesperson and a competitor alleged to have misappropriated confidential and proprietary information for unlawful competitive use.
• After winning partial summary judgment and prevailing in a motion to strike a former high-ranking executive’s jury demand, leveraged additional favorable rulings during trial to achieve an extremely advantageous, confidential settlement in a change-of-control severance and legacy bonus dispute.
• Successfully resisted Chicago federal court preliminary injunction proceedings brought to enforce an overly broad covenant not to compete governed by Rhode Island law, persuading the court that even partial enforcement was inappropriate and that there was no trade secrets misappropriation to warrant injunctive relief.
• Successfully prosecuted a Phoenix federal action to enforce a client’s post-employment covenants with a former employee who joined, but was ultimately forced to separate from, a client’s competitor.