Changing Trial Counsel Before Trial: How to Take Over a Case Without Losing It

Nicholas J. Secco, Partner | Benesch, Friedlander, Coplan & Aronoff LLP

Nicholas J. Secco chairs the Trial Practice Group at Benesch, Friedlander, Coplan & Aronoff LLP in Chicago. He has stepped in to replace prior counsel in the middle of discovery and has been retained on the eve of jury trials, and he has examined the decision to bring in new trial counsel shortly before trial, and how to manage that handoff, in Thomson Reuters Westlaw Today. His trial practice covers complex commercial matters, toxic tort cases, and environmental claims.

• Education & Credentials

He received his J.D., cum laude, from Northwestern Pritzker School of Law in 2001, where he was a member of the Order of the Coif, a Senior Editor of the Journal of International Law and Business, and recipient of the Bell, Boyd, and Lloyd Advocacy Prize. He holds a B.A. in Philosophy from Louisiana State University (1998). He is a member of the Trial Bar for the Northern District of Illinois and is admitted in Illinois, Florida, and Texas, as well as before the U.S. District Courts for the Northern District of Illinois and the Southern and Middle Districts of Florida and the U.S. Courts of Appeals for the Fifth, Sixth, and Ninth Circuits.

• Recognition & Leadership

The American Lawyer selected him as Runner-Up for national Litigator of the Week after a 2022 defense verdict in a billion-dollar federal environmental bench trial, and recognized him and the Benesch trial team in its Litigator of the Week Runners-Up and Shout-Outs after a 2025 bankruptcy court bench trial. Benchmark Litigation has named him a National Litigation Star (2024–2026), Chambers USA lists him among its Leading Lawyers in Litigation: General Commercial (2025–2026), and Thomson Reuters named him a Stand-Out Lawyer (2024–2025). The Legal 500 has identified him as a leader in Mass Tort and Product Liability Defense. He leads Benesch’s Trial Practice Group.

• Professional Involvement

His Thomson Reuters Westlaw Today feature (2026) addresses managing late-stage counsel transitions ahead of trial, and he has presented on humanizing the corporate defendant in high-stakes litigation (Akron, Ohio, 2024). He is a member of the Trial Sections of the Florida and Texas State Bar Associations. His community involvement includes The Center for Family Representation, Special Olympics New York, and the National Italian American Foundation.

• Experience

In 2025, he replaced prior counsel mid-discovery in a Washington federal trade secret misappropriation case for a large consumer services company. Following his oral argument, the plaintiff’s expert report was stricken as untimely, the plaintiff’s remaining expert opinions were excluded under Daubert, and the claims were disposed of on summary judgment. That November, he was retained on the eve of two employment discrimination jury trials; both settled on favorable terms after motions in limine, jury instruction submissions, and pretrial hearings.

His trial work spans jury, bench, and arbitration proceedings. He delivered openings and closings for all defendants in an eight-figure federal environmental bench trial (2025–2026), after which the government stipulated to reducing its damages claim by more than half. He gave the closing for all defendants in a billion-dollar bench trial in the Central District of California (2022) that ended in a verdict for the defense, and served as lead trial counsel in a nine-figure CERCLA bench trial (2023). He cross-examined Dr. Phil McGraw in a 2025 bankruptcy court bench trial on behalf of a professional sports league, and he won a defense verdict on all counts for an international entertainment and sports conglomerate after a nearly month-long jury trial (2021). Before joining Benesch, he spent most of his career at Kirkland & Ellis LLP, where he was a partner.

Alyssa A. Moscarino, Partner | Benesch, Friedlander, Coplan & Aronoff LLP

Alyssa A. Moscarino is a trial lawyer and partner at Benesch, Friedlander, Coplan & Aronoff LLP in Cleveland. Her matters include cases resolved on the eve of trial through pretrial advocacy: more than ten motions in limine argued in Arizona federal court for an off-road vehicle manufacturer, and evidentiary and expert challenges overcome at a pretrial conference in a commercial dispute. She represents both plaintiffs and defendants in complex commercial matters.

• Education & Credentials

She received her J.D., cum laude, from the University of Miami School of Law in 2015, where she won the John T. Gaubatz Moot Court Competition (2013), competed in the Evans Constitutional Law Moot Court Competition (2014), and served on the Charles C. Papy, Jr. Moot Court Board and its Executive Board as Gaubatz Vice-President. She also served as a Student Bar Association Senator and chaired its Social Planning and Events Committee. She holds a B.A. in Political Science from the University of Texas (2012), with minors in Asian studies and Business Foundations. She is admitted in Ohio and before the U.S. District Courts for the Northern and Southern Districts of Ohio, the District of New Jersey, the Eastern District of Michigan, and the District of Colorado.

• Recognition & Leadership

The American Lawyer’s Litigation Daily recognized her, together with Benesch partners Nicholas Secco and Abbey Walsh, in its Litigator of the Week coverage following the 2025 Professional Bull Riders bankruptcy trial. The Best Lawyers® has listed her as One to Watch in Commercial Litigation and Product Liability Litigation – Defendants (2023–2026). She co-chairs Benesch’s Hiring Committee, and since she assumed that role the firm’s Summer Program has been recognized by The American Lawyer as a Top 40 Summer Associate Program.

• Professional Involvement

She is heavily involved in associate development at Benesch, taking a lead role in recruiting, mentoring, and integrating summer associates into the firm.

• Experience

In a seven-figure federal products liability action for an off-road vehicle manufacturer (2019), Benesch successfully argued more than ten motions in limine in Arizona federal court ahead of an eve-of-trial settlement. In a seven-figure breach of contract, warranty, and leasing dispute for a car wash equipment manufacturer (2024), Benesch prevailed on evidentiary and expert issues at a pretrial conference and settled just before trial. As trial counsel for the plaintiff hospital system in a 2018 Ohio state court jury trial, Benesch direct-examined a key damages witness and then prepared and argued a motion for a new trial, which the court granted, leading to a significant settlement.

Her trial work includes bench trials in bankruptcy and chancery courts. Benesch served as trial counsel for the Professional Bull Riders in a 2025 bankruptcy court bench trial against Dr. Phillip C. McGraw’s Merit Street Media, cross-examining its Chief Operating Officer and drawing testimony the court incorporated into its order converting the case to Chapter 7. In a 2024 Delaware Chancery bench trial over a hostile leadership takeover, Benesch represented a railroad company’s Chief Executive Officer and cross-examined the company’s Chief Financial Officer. Her broader practice covers breach of contract, products liability, real estate, corporate, and trade secrets disputes, including obtaining dismissal of several causes of action in a nine-figure pharmaceutical multidistrict litigation in New Jersey federal court and conducting depositions in a ten-figure defamation action.

SESSION 1 – Taking Over the Case: Assessing the Record and Establishing Priorities | Nick Secco, Alyssa Moscarino | 2:30pm – 3:30pm

This session will address the challenges that arise when new counsel enters a case after substantial litigation has already occurred, particularly when trial is approaching. The discussion will focus on rapidly mastering the pleadings, discovery record, prior strategy, expert work, motions, deadlines, and client history while identifying what may have been overlooked or needs to be revisited. It will also explore how incoming counsel can determine which issues require immediate attention, where additional discovery may be necessary, and how to establish a realistic case-management plan without unnecessarily disrupting the litigation.

BREAK | 3:30pm – 3:40pm

SESSION 2 – From Transition to Trial: Rebuilding the Case Under Time Pressure | Nick Secco, Alyssa Moscarino | 3:40pm – 4:40pm

This session will focus on moving from case assessment to trial preparation when new counsel has limited time to develop the case. Topics will include rebuilding the case theory, preparing witnesses and experts, evaluating exhibits and evidentiary issues, addressing motions in limine and other pretrial matters, and coordinating with the client and litigation team. The discussion will also consider how counsel can make strategic decisions when there is insufficient time to address every potential issue and how to avoid allowing the transition between counsel to create additional risks at trial.