Photo of Nicole Horowitz

Nicole Horowitz is an associate in Ropes & Gray’s Litigation and Enforcement group. She counsels clients in the development and enhancement of their compliance programs, internal investigations, and enforcement matters, with a focus on anti-corruption/anti-bribery and securities issues. Nicole regularly advises private equity sponsors, investment advisers, and multinational companies on international risk issues related to transactions and investments.

Her practice also covers a broad range of civil litigation, including securities, antitrust, and complex commercial disputes. Nicole has experience in all stages of litigation, including drafting pleadings and dispositive motions, managing all aspects of discovery, and representing clients at depositions and hearings.

Nicole holds a Masters in Art Business and previously worked for a major art collector. Given her background in the arts and fluency in Spanish, she focuses her pro bono efforts on advising arts organizations, such as the San Francisco Museum of Modern Art (SFMOMA), and obtaining grants of asylum for clients from Central America. Stemming from the relationship with SFMOMA, Nicole completed a secondment in 2018 during which she assisted the museum in establishing its litigation protocols, among other projects.

Nguyen v. Endologix, Inc., 2020 WL 3069776 (9th Cir. June 10, 2020)

On June 10, 2020, the Ninth Circuit affirmed the dismissal of a putative securities fraud class action brought against a medical device corporation, Endologix, Inc., and certain of its officers, regarding statements concerning the FDA’s likelihood of premarket approval of the Company’s aneurysm sealing product, Nellix. The Court held that plaintiff failed to allege facts giving rise to a strong inference of scienter (i.e., fraudulent intent) and thus failed to adequately plead a claim for securities fraud.

Continue Reading Ninth Circuit Affirms Dismissal of Action Regarding Statements Concerning Likelihood of FDA Premarket Approval of Aneurysm Sealing Device