- University of Houston Law Center, J.D., 2009, cum laude
- Texas A&M University, B.S., 2005
Bar & Court Admissions
- Admitted to practice law only in the states listed above.
Nicholas is an associate in the Vorys Houston office and a member of the finance, energy and real estate group. He has experience working as senior counsel handling all bankruptcy and bankruptcy-related matters for firm cases including claims, chapter 5 litigation and jurisdictional issues. Nicholas also has experience representing debtors, unsecured creditors’ committees, secured lenders, unsecured creditors, equity holders, landlords and other interested parties in all phases of chapter 11 cases. Nicholas has represented corporations in high-stakes commercial litigation matters. Additionally, he has represented a company in the retail gas and power supply business, where he prepared and negotiated purchase and sale agreements for gas and power products with commercial counterparties. Nicholas’s representative matters include:
Bankruptcy and bankruptcy litigation:
- Representing the debtors and post-confirmation trustee in In re BearingPoint, Inc. (Southern District of New York). Representation included post confirmation directors and officers breach of fiduciary duty litigation.
- Representing the unsecured creditors’ committee and liquidating trustee in In re Deep Marine, LLC (Southern District of Texas). Representation included post confirmation litigation against former insiders for breaches of fiduciary duty and to avoid priming liens.
- Representing the unsecured creditors’ committee and post confirmation trust in In re Gulf Fleet Holdings, Inc. (Western District of Louisiana). Representation included post confirmation litigation against former insiders for breach of fiduciary duty and against equity holders to unwind constructively fraudulent share acquisition.
- Representing the debtor in In re Galveston Bay Biodiesel (Southern District of Texas).
- Representing the post-confirmation trustee in In re Humble Surgical Hospital (Southern District of Texas). Representation includes post confirmation litigation to unwind actual and constructively fraudulent transfers.
- Representing the post-confirmation trustee in In re Lake Las Vegas (District of Nevada). Representation included post confirmation litigation to unwind $470 million transfer of cash to former insiders resulting in company’s demise.
- Representing a contract and trading counterparty in In re ATP Oil & Gas (Southern District of Texas).
- Representing a major midstream counterparty in In re EXCO Resources, Inc. (Southern District of Texas and Harris County, Texas). Representation included significant pre-petition litigation for fraud, negligent inducement, and adverse domination claims.
- Representing a major telecommunications company in In re SkyPort Global Communications, Inc. (Southern District of Texas). Representation included extensive post-confirmation regarding fiduciary duties involved in divestiture of control of a company.
- Representing the unsecured creditor’s committee in In re Murphy Energy Company (Northern District of Texas).
- Representing a refinery owner in post-confirmation litigation of trustee’s claims concerning environmental liability associated with the refinery (Eastern District of Pennsylvania).
- Representing a major refiner in litigation over fraud in connection with bidding to construct a pipeline project and failure of the general contractor to deliver the completed project (Bexar County, Texas).
- Representing retailer in litigation against former real estate brokerage and related entities for fraud, civil theft, breach of fiduciary duties, and fraudulent inducement (multiple jurisdictions).
- Representing hotel developer and operator in litigation against a real estate conglomerate over fraud connected to the purchase of land in uptown Houston (Harris County, Texas).
- Representing oilfield services provider in litigation with competitor over trade secrets and fraudulent business practices (Harris County, Texas).
Nicholas received his J.D. cum laude from the University of Houston Law Center, where he was a staff editor for Houston Journal of International Law. He received his B.S. from Texas A&M University.