Nick has experience representing clients before the Supreme Court of Virginia, all levels of Virginia trial courts, the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Courts for the Eastern and Western Districts of Virginia, and courts in other jurisdictions throughout the country. He focuses his practice on financial services litigation and complex commercial disputes.
Nick recently completed a several month secondment at one of the nation's largest financial institutions, where he assisted with the management of its auto finance and intellectual property litigation matters.
Nick also recently represented a criminal defendant in a complex federal fraud case as part of the Federal Public Defender’s pro bono counsel program. Prior to trial, he successfully moved to dismiss two securities fraud counts as untimely under the applicable limitations period. The case then resulted in a weeklong trial, which was featured on the front page of the Richmond Times Dispatch. After trial, Nick successfully moved for judgment of acquittal on the remaining securities fraud counts.
United States v. Harris, No. 3:12cr170-HEH, 2013 U.S. Dist. LEXIS 11892 (E.D. Va. Jan. 29, 2013) (granting motion to dismiss two counts of criminal securities fraud under 15 U.S.C. §§ 77q(a) and 77x).
United States v. Harris , No. 3:12cr170-HEH, 2013 U.S. Dist. LEXIS 60257 (E.D. Va. April 26, 2013) (granting motion for judgment of acquittal on remaining securities fraud counts).
Burkhead v. Wachovia Home Mortg ., No. 3:12cv832-JAG, 2013 U.S. Dist. LEXIS 55360 (E.D. Va. April 15, 2013), vacated due to pending bankruptcy at No. 3:12cv832-JAG, ECF Doc. No. 19 (April 16, 2013), reinstated at 2013 U.S. Dist. LEXIS 70486 (E.D. Va. May 17, 2013) (granting motion to dismiss Truth in Lending Act ("TILA") and Real Estate Settlement Procedures Act ("RESPA") claims asserted in an effort to enjoin foreclosure).
Cubbage v. Wells Fargo Bank, N.A., No. 11-2407, 2012 U.S. App. LEXIS 22813 (4th Cir. Nov. 5, 2012) (affirming dismissal of Complaint asserting claims under the Fair Debt Collection Practices Act ("FDCPA"), negligence, and defamation; relying in part on Fair Credit Reporting Act ("FCRA") preemption of defamation and negligence actions arising from credit reporting).
Lepelletier v. Fair Oaks Motors, Inc., 475 F. App’x 16 (4th Cir. 2012) (affirming dismissal of FCRA claim).
Sprint Commc’ns Co., L.P. v. Ntelos Tel. Inc., No. 5:11cv00082, 2012 U.S. Dist. LEXIS 104711 (W.D. Va. July 26, 2012) (granting motion to stay proceedings and refer matter to the Federal Communications Commission).
Bell v. Casper, 282 Va. 203, 717 S.E.2d 783 (2011), cert. denied, Casper v. Sanders, 132 S. Ct. 1971 (April 23, 2012) (affirming Circuit Court decision that operation of Virginia’s slayer statute gave client the sole right to recover murder victim’s estate).
Financial Services Litigation
Recently completed 3.5 month secondment to national financial institution. Assisted in managing auto finance and intellectual property matters.
Counsel to national auto finance institutions in two California putative class actions. Both clients face claims under the Consumer Legal Remedies Act (“CLRA”), the Rees-Levering Motor Vehicle Sales and Finance Act (“ASFA”) and the Unfair Competition Law (“UCL”).
Counsel for national financial institution facing claims under the FDCPA and state law fraud claims related to foreclosure.
Counsel for mortgage loan servicing company facing claims under the Home Affordable Modification Program ("HAMP") and state law fraud claims related to foreclosure.
Counsel for national financial institution for multiple automobile finance litigation matters, defending claims under TILA, the FTC Holder Rule, and other state laws.
Counsel for national financial institution facing claims under TILA and RESPA.
Counsel for national debt collection company facing claims under the FDCPA, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), and the FCRA.
Counsel for national financial institution facing claims under the FCRA, the FDCPA, and state law claims of civil conspiracy, fraud, and intentional infliction of emotional distress.
Counsel for debt collection law firm in putative FDCPA class action.
Advised debt collection institution on FDCPA compliance and on creating procedures that would support a bona fide error defense under 15 U.S.C. § 1692k(c).
Advised national financial institution on compliance with RESPA relating to qualified written requests (QWRs).
Advised national financial institution on compliance with the Equal Credit Opportunity Act ("ECOA") in light of recent pronouncements from the Consumer Financial Protection Bureau ("CFPB").
Obtained a $1 million+ judgment in a breach of contract action by successfully moving for summary judgment prior to discovery. Oversaw collection efforts across three states that resulted in client receiving full payment.
Counsel for national retailer in putative class action under state consumer protection laws.
Counsel for national big box retailer in several professional liability and premises liability matters in Virginia state and federal courts.
Counsel for multiple clients in commercial arbitration with the American Arbitration Association (AAA) and other tribunals.
Counsel for energy company in litigation with raw material suppliers.
Counsel for pharmaceutical manufacturer facing state law negligent failure to warn claim.
Advised large insurer on Virginia product liability law related to potential liability on future asbestos claims.
Co-Author, 2012 and 2013 editions of Spahn et al., Virginia Law of Products Liability (West).
Co-author, Virginia Federal Court Decision Highlights Prohibition on Improper “Harm to Nonparties” and “Golden Rule” Arguments, 24 J. Civ. Litig. 389 (Fall 2012).
Co-author, After Levine: Defending (And Defending With) Pharmacovigilance, For the Defense (DRI, August 2011).
Author, Confronting Reality: Surrogate Forensic Science Witnesses under the Confrontation Clause, 97 Va. L. Rev. 199 (March 2011).
Co-author, E.D. Va. Endorses American College of Trial Lawyers' Code of Conduct, Virginia State Bar Litigation News (Winter/Spring 2011).
Author, Judge Excludes Evidence Concerning Wyeth's Alleged Failure to Adequately Test Prempro, ABA Product Liability Litigation News and Developments (December 2010).