Charles   J.   Nerko
Principal

Contact

Phone: 212.380.4117
Fax: 212.545.1656
Mailing: 10 East 40th Street ,
35th Floor , New York , NY   10016
Linkedin: Charles Nerko

PRACTICE FOCUS

Charles J. Nerko is a problem-solving litigator who uses a practical and business-conscious approach to obtain favorable results amid critical circumstances.  Mr. Nerko has a track record of success resolving disputes involving data privacy, technology, contracts, business torts and restrictive covenants. He also advises clients on strategies to minimize litigation risks and protect their confidential information.

Clients turn to Mr. Nerko for swift, decisive courtroom victories when clients’ reputations or confidential information assets are at risk.  He serves as lead counsel to numerous federal credit unions in data security litigation against the largest provider of online banking and outsourced technology services to financial institutions.  He has also represented a variety of businesses in “bet the company” disputes concerning the misappropriation of trade secrets.  Mr. Nerko is a frequent speaker on information protection and has been quoted extensively by the media, including in Krebs on Security, SecurityWeek, CFO, CyberScoop, PYMNTS, Pennsylvania Business Central, Global Data Review and the Credit Union Times.

Mr. Nerko also litigates matters implicating legal ethics and the protection of attorney-client privileged information.  He won disqualification of an Am Law 50 law firm after a two-day evidentiary hearing, and competitor law firms have turned to Mr. Nerko to represent them in a variety of disputes.

Mr. Nerko’s successful outcomes are driven by his ingenuity, vigorous advocacy and strategic execution. Recent victories include winning a favorable arbitration award as lead counsel in a contract dispute, and obtaining a highly favorable settlement in a trade secret misappropriation case that required a client’s competitor to cease business operations.

Prior to joining Offit Kurman, Mr. Nerko practiced at two international law firms and served as a Law Clerk to the Honorable Loretta A. Preska, Chief Judge of the U.S. District Court for the Southern District of New York.

 

REPRESENTATIVE MATTERS

  • Serving as lead counsel for several federal credit unions across the country in data security litigation against the largest provider of online banking and outsourced technology services to financial institutions.
  • Representing a data center owner in a data security incident, and negotiating confidential pre-litigation settlements with the responsible vendor and affected customers.
  • Defending an accounting firm in a dispute with a competing firm arising from the alleged misappropriation of confidential information, defeating the adversary’s application for a preliminary injunction and winning a preliminary injunction in the client’s favor.
  • Prosecuting trade secret misappropriation claims on behalf of a leading optics manufacturer and obtaining a highly favorable settlement requiring the adversary to cease business operations.
  • Winning a favorable arbitration award as lead counsel in an equipment leasing dispute.
  • Serving on the trial team for a prominent bank in aircraft finance and collection litigation, and obtaining a substantial settlement after presenting the client’s case-in-chief.
  • Obtaining dismissal of a securities fraud class action brought against a professional services firm.
  • Winning summary judgment for an international law firm in litigation against a former client and successfully arguing for dismissal of the adversary’s appeal.
  • Arguing an appeal for an insurance company in a contested bankruptcy matter and obtaining affirmance of the court’s order.
  • Defeating several Section 1782 applications seeking discovery from law and accounting firms.
  • Winning disqualification of an adversary’s law firm after a two-day evidentiary hearing.
  • Serving as national coordinating counsel in multistate litigation arising out of a corporate merger.
  • Representing a nationally known entertainment company in a dispute concerning access to Michael Jackson’s medical records.
  • Advising clients on complex discovery issues, including discovery strategy, cost recovery, attorney-client privilege protection, evidence spoliation and discovery abuse.
  • Providing pre-litigation advice to both domestic and international clients on commercial contracts governed by New York law.

 

PUBLICATIONS

  • Prevent Becoming the Headline of Tomorrow, Credit Union Times, 2019
  • Nursing Home’s Use of a “Chicken Farm” to Shred Confidential Information Has Privacy Commissioner Crying Fowl, Media & Privacy Risk Report, 2015
  • FCC’s Latest TCPA Ruling Opens the Floodgates Even Wider, Media & Privacy Risk Report, 2015
  • United States Establishes Sanctions Program to Combat Foreign Cyberattacks, Media & Privacy Risk Report, 2015
  • New York’s Freedom of Information Law Requires Sheriff to Disclose Information about Stingray Surveillance Device, Media & Privacy Risk Report, 2015
  • New York State Courts Increase Privacy Protections for Litigation Filings, Media & Privacy Risk Report, 2015
  • Avoiding Liability for Unpaid Interns, Law360, 2010
  • Assessing Fourth Amendment Challenges to DNA Extraction Statutes after Samson v. California, Fordham Law Review, 2008

 

HONORS & AWARDS

Since 2015, Mr. Nerko has been recognized by his peers and named to the Super Lawyers Rising Stars list in the Thomson Reuters survey.

Education & Admissions

  • Fordham University School of Law, J.D., 2009, cum laude, Merit Scholarship, A.R. Murray Public Service Award, Legal Writing Award
  • Fordham University, B.A., 2006, summa cum laude, Phi Beta Kappa
  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Supreme Court

Activities

  • Member, Fordham University Advisory Board
  • Faculty, New York City Bar Association’s New Lawyer Enrichment Program
  • Member, Moot Court Board, Fordham University School of Law
  • Notes & Articles Editor, Fordham Law Review