Nick has experience representing clients before the Supreme Court of Virginia, all levels of Virginia trial courts, the United States Court of Appeals for the Fourth Circuit, and the U.S. District Courts for the Eastern and Western Districts of Virginia. He focuses his practice on complex commercial disputes, financial services litigation, and product liability litigation.
Representative Experience
Complex Litigation
Bell v. Casper , 282 Va. 203, 717 S.E.2d 783 (2011), cert. denied, Casper v. Sanders, No. 11-1030, 2012 U.S. LEXIS 3127 (Apr. 23, 2012).
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 large energy company in litigation with raw material suppliers.
Financial Services Litigation
Counsel for national financial institution facing claims under the Fair Debt Collection Practices Act (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 facing claims under the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA).
Counsel for national debt collection company facing claims under the FDCPA, the Racketeer Influenced and Corrupt Organizations Act (RICO), and the Fair Credit Reporting Act.
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.
Product Liability
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.
Publications
Author, Confronting Reality: Surrogate Forensic Science Witnesses under the Confrontation Clause , 97 Va. L. Rev. 199 (March 2011).
Co-Author, Virginia Law of Products Liability (West, 2012 ed.) (forthcoming).
Co-author, After Levine: Defending (And Defending With) Pharmacovigilance, For the Defense (DRI, August 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).