Nick Kacprowski is a commercial litigator who has litigated a wide range of cases, with everything from $10,000 to over $2 billion at stake. Kacprowski has represented some of the largest corporations, private equity firms, and venture capital groups in the world. His experience spans multiple industries and areas of the law. He has served as first or second chair trial counsel in six trials with approximately $1 billion collectively at risk; he obtained favorable outcomes for his clients in these trials. These victories include a $700 million fraudulent transfer and breach of fiduciary duty trial, and a $30 million claim over the breakup of a private equity partnership. He has also maintained a substantial class action practice and has litigated 20 separate class action cases involving millions of class members. Although his current focus is primarily on litigation in Hawai`i, Kacprowski has represented clients in courts around the country in more than 10 different states. He currently is counsel for a Hawai’i client in a large intellectual property license case in San Francisco.
Pro bono services are a major interest in Kacprowski’s practice. He has litigated both high impact cases and cases of life-changing significance to individual clients. This includes obtaining asylum in the United States for three clients facing death if they were returned to their home countries. He successfully sued the City and County of Honolulu on behalf of a class of all homeless persons in Honolulu to enjoin the City’s unconstitutional practice of indiscriminately destroying the property of homeless individuals in the City. He has also held leadership positions in different bar associations, including the Litigation Section of the ABA and the Bay Area Lawyers for Individual Freedom, the nation’s largest and oldest regional LGBT bar association with over 700 members.
Kacprowski began his legal career in Honolulu, clerking for Judge Helen Gillmor, former Chief Judge for the United States District Court for the District of Hawai`i. Before joining Alston Hunt Floyd & Ing, he practiced for nine years at the San Francisco office of Kirkland & Ellis, LLP, where he was elected partner at the age of 30.
Awards and Recognition
- Class Actions
- Complex Commercial Litigation
- Constitutional and Civil Rights
- Litigated dozens of cases involving fiduciary duty issues, corporate law, contract, fraud, and other commercial issues, including matters as counsel from the filing of the case through trial and appeal.
- Won a $30 million seven-day arbitration on behalf of a venture capital firm.
- Successfully represented a client in a two-week injunction hearing in state court seeking specific performance of a $200 million contract.
- Tried a two-week arbitration of a lost profits claim in excess of $100 million; case settled favorably after the close of trial.
- Litigated post-closing working capital and earn-out disputes involving complex GAAP and other accounting issues.
- Lead counsel in a $50 million dollar arbitration over an earn-out agreement.
- Counsel in a $20 million post-closing working capital purchase price adjustment claim.
- Litigated two major fraudulent transfer cases that also involved a number of other complex fiduciary duty and securities law issues.
- Tried a $700 million claim in a case that settled favorably for the client after two days of trial; served as the second chair trial counsel.
- Litigated a $400 million claim that resolved successfully before trial after substantial discovery.
- Represented Facebook in the ongoing securities class actions arising from Facebook’s $16 billion IPO.
- Successfully represented clients in two SEC securities fraud investigations.
- Successfully represented a client in a DOJ investigation into whether the client’s negotiations of a $2 billion contract violated federal antitrust statutes.
- Defended 24 Hour Fitness in a federal court RICO class action with over 1.8 million class members nationwide; negotiated favorable settlement.
- Defended Discover Card against a class action in California state court with over 2 million California class members alleging various invasion of privacy and unfair competition law claims; case settled favorably.
- Represented plaintiff Neways, Inc., in a two-week preliminary injunction trial in federal court regarding theft of trade secrets, securing an injunction in favor of the client.
Counsel in multiple cases having millions of class members and/or allegations of billions of dollars in damages, including four different class actions for 24 Hour Fitness in California state and federal court, and Texas federal court.
Represented Lincoln National Life Insurance in a major class action in Indiana state court.
Represented S. C. Johnson & Son in a class action alleging consumer fraud by “greenwashing” (i.e., purportedly misrepresenting the environmental friendliness of) common consumer products (Windex and Shout).
- Represented Teva Pharmaceuticals in multiple cases alleging personal injury due to off-label prescription of the anti-malarial drug quinine for treatment of restless leg syndrome.
- Counsel for the insured in an arbitration against the insurer for alleged breach of a $5 million insurance policy. Filed a motion for summary judgment on behalf of insured, after which the case settled and the insurer paid full policy limits.
- Lead trial counsel in a five-day jury trial in federal court for a pro bono client alleging violation of constitutional rights.
- Represented an environmental group granted intervenor status in series of federal court cases in which Utah and its counties are seeking to quiet title to 12,000 purported rights of way across federal lands.
- Won legal resident status for undocumented immigrants in two matters for clients seeking asylum in the United States on the basis of fear of severe persecution in their home countries (Egypt and Russia) due to their LGBT status; a third case was for an immigrant victim of a violent crime who cooperated in the investigation and prosecution of the assailant.
- Illinois (inactive)
- U.S. District Court, District of Hawai’i
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Northern District of Illinois
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Ninth Circuit
- Hawaii State Bar Association
- The State Bar of California
- The Illinois State Bar Association
- American Bar Association (ABA)
- Litigation Section Newsletter Editor, LGBT Litigators Committee
- Bay Area Lawyers for Individual Freedom
- Board of Directors (2012-2014)
- Amicus Committee, Chair (2012-2014), Member (2012-present)
- Justice and Diversity Center, San Francisco, CA
- Advisory Committee (2012-2014)
- Lawyers’ Committee on Civil Rights, Non-Partisan Election Protection
- California Steering Committee (2012 election cycle)
- Northwestern University School of Law (J.D. cum laude, 2004)
- Northwestern University (B.A. cum laude, History and Economics, 2001)
- Kirkland & Ellis LLP, San Francisco, CA
- Partner (2010-2014)
- Associate (2005-2010)
- The Honorable Helen Gillmor, United States District Court, District of Hawai`i
- Law Clerk (2004-2005)