Nicholas A. Simms

Education

J.D., Baylor University School of Law, 1995

B.B.A., University of Nevada, Las Vegas, Managerial Finance, 1992

Admissions

Texas

United States District Court for the Southern District of Texas

International Arbitration/Litigation

• Represented a general contractor in ICDR Arbitration involving breach of contract and fraud claims arising from subcontractor assets confiscated by the Iraqi government. The subcontractor sought nearly $4 million in damages. The Tribunal dismissed the subcontractor’s claims via summary disposition and awarded the general contractor its attorneys’ fees.
• Represented a Canadian attorney and law firm in state court litigation, prevailing on a Special Appearance.
• Represented a U.S. company in a dispute with a Kuwaiti subcontractor in the Hague, the Netherlands. The client prevailed on the primary issue in the case and worked with local Kuwaiti counsel to uncover records that had not been disclosed by the Kuwaiti company.
• Represented a U.S. contractor in a dispute with a Kuwaiti company involving more than 200 tractor head trucks and refrigerated trailers. The Kuwaiti company sought compensation for damaged/destroyed vehicles and almost $60 million for lost rentals on its assets. We defeated a vast majority of claims asserted by the subcontractor and prevailed on counterclaim against the subcontractor for repairing and storing vehicles. We worked with local counsel in Kuwait to prevent the subcontractor’s collateral attacks in Kuwaiti criminal and civil courts. There were two separate arbitration hearings in this dispute – one in Washington, D.C. and one in Dubai.
• Represented a U.S. company in a dispute with a Kuwaiti subcontractor involving the construction and installation of high-end tents at a U.S. Army base in Iraq. The parties disputed whether the subcontractor was entitled to recover in excess of $3 million under the contract. We defeated the subcontractor’s claim for the disputed amounts. The venue of hearing was Washington, D.C.
• Represented a U.S. company in a dispute with a Kuwaiti subcontractor regarding idle labor. The subcontractor claimed it had numerous workers idle on a subcontract. We defeated all of the subcontractor’s claims. The venue of hearing was Washington, D.C.
• Represented a U.S. company in a dispute with a Kuwaiti subcontractor arising out of the U.S. Army’s change of a badging system in Iraq. The subcontractor sought almost $3 million in damages and spent a significant amount of money on an accounting expert in an effort to substantiate its claims. We defeated the subcontractor’s claims. The venue of the hearing was Washington, D.C.
• Represented a U.S. company in a dispute with a Saudi Arabian company in state court in Houston, Texas. The Saudi Arabian company sought $23 million in damages. We disposed of more than $22 million of the claimed damages.
• Represented Mexican companies regarding the applicability and effect of the Convention on International Sale of Goods.
• Represented a Scottish citizen and a Scottish company in an adversary proceeding pending in bankruptcy court in Houston, Texas.
• Represented several foreign companies in disputes in the United States, monitoring disputes pending in foreign jurisdictions, including Mexico and Japan.

Construction Litigation

• Represented a technology center against a chemical company arising out of the construction of a pilot plant, prevailing on the primary claim following a four-week trial.
• Represented a construction manager in a $35 million dispute with the owner arising out of a collapse on a highway project, resolving the dispute with nominal settlement.
• Represented an owner of industrial warehouses in a dispute with a general contractor, a subcontractor, and roof membrane manufacturer, prevailing against the subcontractor and obtaining favorable settlement with the other parties.
• Represented a general contractor in a dispute with the steel subcontractor on a sports stadium project involving claims for extra work, schedule delays and the purported revocation of a ten-year warranty on a retractable roof. Prevailed after a three and half week trial and the subcontractor did not recover any damages.
• Represented a major chemical company in a dispute with a general contractor arising from the construction of chemical facilities.
• Represented a major chemical company in a dispute with a supplier of heat exchangers for one of the owner's chemical plants.
• Represented a major chemical company in a $25 million dispute with a general contractor involving whether or not the parties' lump sum contract was transformed into a cost-plus contract.
• Represented a major chemical company in a dispute with a supplier involving the construction of an ethylbenzene plant, design defects, and ownership of intellectual property created on the project.
• Represented a subcontractor in a dispute with a general contractor regarding the installation of high-end cabinetry in an upscale retail store.

Commercial Litigation

• Represented several national companies in commercial disputes involving determination of rights and obligations under stock purchase and asset purchase agreements.

Products Liability and Toxic Tort

• Represented premises and products defendants in hundreds of toxic tort and products liability lawsuits filed in Beaumont, Texas.
• One of the primary defendants in tobacco litigation pending in jurisdictions throughout the United States. In each of these lawsuits, the damages sought by the plaintiffs exceeded several billion dollars.
• Represented major washing machine manufacturer in a product liability lawsuit filed by its distributor. The lawsuit involved claims of multiple design defects, with the plaintiff seeking more than $20 million in damages.

Labor and Employment

• Represented employers on validity of non-compete agreements with employees.
• Represented major energy company in an age discrimination dispute with a former high-level employee.
• Represented an employer in a reverse discrimination lawsuit in federal court.

Intellectual Property

• Represented a major Department of Energy contractor in a patent infringement dispute with a competitor.
• Represented a Fortune 100 company in protecting disclosure of trade secrets.

News

Media Mentions

Publications

Speaking Engagements

Blog Posts

State Bar of Texas, Member

Houston Bar Association, International Law Section (Chair, 2014-15; Vice Chair 2013-2014; Secretary, 2012-2013); Construction Section, Member; Litigation Section, Member)