Nicholas Fortuna


Nicholas FortunaNicholas Fortuna is founder and managing partner of the law firm Allyn & Fortuna LLP. He concentrates in complex employment, corporate litigation and prevention counselling. Mr. Fortuna has a diverse practice encompassing a broad range of clients, including Fortune 500 companies, nationwide retailers, major manufacturers, biotech firms, banks, restaurant chains, construction industry professionals, regional and family-owned businesses and non-profits. Mr. Fortuna advises these clients on issues related to employment law and corporate disputes.

He advises employers on a wide range of employment law issues including discrimination, harassment, retaliation, workplace safety, wage and hour, and benefits claims. He is an experienced trial and appellate lawyer and stands ready to defend against the full range of suits that can arise in the workplace. Clients rely on him for advice on their most sensitive and critical employment law litigations. Mr. Fortuna also advises these clients on a range of issues such as preventive strategies to avoid litigation.

With more than 25 years of practice, Mr. Fortuna has litigated cases before juries and judges in federal and state courts, argued cases before federal and state appellate courts, and handled matters before administrative tribunals and federal, state, and municipal regulatory agencies. He is always lead trial counsel in defense of his clients.

Other Work-Related Activities

Publications: Mr. Fortuna writes extensively on various topics, including contributions to the firm’s online bulletin at on employment law developments and emerging legal issues.

  • “Non-Compete Agreements – Crafting the Best ‘Lock’ to secure your Company’s Assets,” SHRM magazine (2015);
  • “Overtime Pay Claims on the Rise,” Chain Store Age;
  • “Managing Litigation Costs,” Inside Counsel magazine (2014);
  • “Workplace Discrimination can be Avoided,” SHRM magazine (2014);
  • Review of Zbigniew Brzezinski’s Strategic Vision: American and Crisis of Global Power (2013);
  • A review of the U.S. Supreme Court’s decision in Shelby County v. Holder, (2013);
  • “Construction Law: Geotechnical Engineer’s Liability”. NYLJ, March 1, 2000;
  • “Admissions by Corporate Employees”, Brooklyn Barrister Law Journal (1992);
  • Chapter on Labor Relations in George D. Pozgar’s Legal Guide for Health Care Professionals, Maryland: Aspen, 1992.

Professional Activities: Mr. Fortuna regularly presents on legal topics to industry trade groups, clients, and lawyers. He is a Continuing Legal Education instructor at the New York City Bar Association. Mr. Fortuna is a member of both the New York City Bar Association and New York State Bar Association.  He is a member of the Labor and Employment Law Committee of the New York City Bar Association and a past member of the Legal Education Committee of the New York State Bar Association.

Media Coverage: Interviewed and quoted in a variety of local and national media stories appearing in Forbes Magazine, newspapers, trade journals, and digital media.

Appearances as legal analyst for various television business shows, such as “Money with Melissa Francis”; “Your World with Neil Cavuto”; “The Willis Report”; “America Tonight”; “Arise Review.”

Bar Admissions

  • New York
  • New Jersey
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • United States Court of Appeals, Second Circuit
  • United States Court of Appeals, Third Circuit


  • Queens College, City University of New York, B.A., 1983
  • Touro Law Center, J.D., 1986
    Honors: Cum Laude; Faculty Distinguished Scholar Award, Touro Law Center’s Fellowship, Graduated in Top 5%.
  • Suffolk University Law School, International Law Program in Budapest Hungary, 2009
  • CUNY Graduate Center, Graduate work in English, 2007 to 2013


T: 212.213.8844