Nicomedes Sy Herrera represents clients of the Joseph Saveri Law Firm on a broad range of complex, high-impact business and trade disputes, with a particular focus on major antitrust actions. Representative matters include:
- Capacitors Price-Fixing Antitrust Litigation: The firm is Sole Lead Counsel in a class action lawsuit alleging that global capacitor manufacturers conspired to fix prices, forcing direct purchasers to pay more. The case is currently in discovery and class certification is fully briefed. Initial settlements in the case exceed $100 million;
- Generic Drug Price-Fixing Antitrust Litigation: The firm is on the Plaintiffs’ Steering Committee representing U.S. consumers and insurers in a multidistrict antitrust litigation accusing a large number of generic drug manufacturers with conspiring to fix and raise prices for 18 generic medications. In the past few years, prices for these drugs have skyrocketed by more than 1,000 percent. Consumers blame the companies for engineering these price hikes, eliminating the benefits of competition, and forcing them to pay exorbitant prices. The firm is also currently investigating many other generic drugs for potential class action claims;
- Inductors Price-Fixing Cartel Litigation and Investigation: The firm is litigating and investigating an alleged anticompetitive conspiracy involving manufacturers of inductors, a widely-used passive electronic component. The investigation indicates, and the complaint alleges, that inductor manufacturers unlawfully agreed to fix the price of inductors shipped or invoiced to U.S. purchasers;
- Nomlaki Indians Litigation: The firm is Co-Lead Counsel in a lawsuit filed on behalf of the Paskenta Band of Nomlaki Indians against former tribal officials, alleging that certain former tribal officials and others formed and operated a RICO enterprise to loot tens of millions of dollars in tribal moneys that were ultimately used for their own personal benefit;
- Pharmaceutical Qui Tam Actions: The firm represents relators in several qui tam actions under the False Claim Act alleging that drug manufacturers caused the submission of false claims to government-funded health programs, including Medicare and Medicaid, in connection with fraudulent schemes to (1) unlawfully inflate the price of brand drugs and (2) obtain an unlawful advantage over competitors through the payment of kickbacks to prescribers and those in a position to influence prescribers; and
- Qualcomm Antitrust Litigation: The firm represents Apple iPhone and iPad direct purchasers in a class action lawsuit against electronics manufacturer Qualcomm Inc. The suit alleges that Qualcomm inflated the prices Plaintiffs paid for Apple iPhones and iPads by violating patent licensing agreements and illegally maintaining a monopoly in the market for baseband processors.
Prior to joining the firm, Nico practiced at the Manhattan offices of major international law and U.S. firms—including Torys LLP and Lowenstein Sandler PC—representing and defending Fortune 100 clients. He has successfully litigated matters involving securities fraud, major contract disputes, theft of trade secrets, financial and accounting fraud, corporate governance, employment litigation, misappropriation of intellectual property, and white collar crime. He also pursued a series of class and derivative actions on behalf of injured investors against financial asset managers for claims worth over $1 billion. Early in his appellate career, Nico successfully briefed and argued the seminal Harrison v. Barkley litigation that clarified the scope of Eighth and Fourteenth Amendment due process protections.
Nico has successfully pursued and defended cases from pre-trial investigations through the appellate process. He has practiced before federal and state trial and appellate courts throughout the United States, including California, New York, Delaware, New Jersey, Pennsylvania, Ohio, Missouri, Tennessee, and Alabama. He has handled appeals before the intermediate and highest state appellate courts in many states, and before the United States Court of Appeals for the Second, Third, Sixth, Seventh, Eighth, and Ninth Circuits. He is also an experienced advocate before non-judicial tribunals and has successfully represented business clients in international and domestic arbitrations.
Nico is active in charitable work. He is a founder, and continues to serve on the board, of a publicly-supported charitable foundation. He also organized and co-led a committee of lawyers to establish the Pope Francis Legal Clinic in Oakland, where he continues to volunteer on a pro bono basis.