Profile
Nicholas advocates on behalf of clients across a wide array of commercial, regulatory, appellate, and other areas of complex civil litigation. He has represented industry-leading companies and individuals in contractual disputes, securities and commodities class actions, and derivative suits, as well as matters involving cryptocurrency, the Clean Air Act, U.S. sanctions law, and claims arising under the U.S. and state constitutions. With a particular affinity for brief writing and disentangling thorny legal issues, Nicholas has experience in all phases of litigation, spanning from suit investigation to appeal. His responsibilities have included managing discovery, taking and defending depositions, working with fact and expert witnesses, strategizing with co-counsel, negotiating with opposing and government counsel, pursuing favorable settlement, and motions practice of all sorts. Nicholas also maintains a robust pro bono practice.
Experience
Representative Matters
- Represented pharmacy benefit managers and insurers in bringing to trial claims to vindicate rights under contract.
- Defended direct sales company and its distributor against breach of contract and tort claims in arbitration matters and a federal suit.
- Defended television broadcasting company in a suit brought by a cable provider, alleging violation of the parties' retransmission consent agreement.
- Argued winning opposition to a motion to stay in Federal District Court.
- Assisted in persuading a Federal District Court to deny class certification in a suit arising under U.S. commodities laws, and in ultimately achieving a favorable settlement.
- Litigated cases before regulatory bodies, including several Financial Industry Regulatory Authority (FINRA) arbitration suits and an Office of the Comptroller of the Currency (OCC) enforcement action before an Administrative Law Judge (ALJ).
- Negotiated with government counsel in matters before the Public Company Accounting Oversight Board (PCAOB), and assisted in securing a favorable settlement for a Certified Public Accountant (CPA) charged with misconduct.
- Drafted submissions and presentations to the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), U.S. Securities and Exchange Commission (SEC), and state attorneys general, and assisted in pursuing and securing merger clearance and investigatory closure.
- Drafted and filed amicus briefs before the U.S. Courts of Appeals for the Ninth Circuit and Eleventh Circuit, as well as before the Supreme Court of the United States.
Professional Experience
- Associate, Private law practice (2016-2018, 2018-2021)
Credentials
Education
J.D., University of Virginia School of Law
B.A., cum laude, Brigham Young University
Law Journals
Executive Editor, Virginia Law Review
Clerkships
- Law Clerk for the Honorable Eugene E. Siler, U.S. Court of Appeals for the Sixth Circuit
- Law Clerk for the Honorable Eduardo C. Robreno, U.S. District Court for the Eastern District of Pennsylvania
Bar and Court Memberships
- District of Columbia Bar
- Maryland Bar
- U.S. Courts of Appeals for the Sixth and Ninth Circuits
- U.S. District Courts for the District of Columbia and the Southern District of California