Nicole

Advertising and Social Media

• Represented food manufacturing company and other consumer products providers in defense of putative class actions regarding origin and other false advertising claims.
• Represented food manufacturing company and other consumer products providers in regulatory proceedings related to advertising claims of the company and of competitors.
• Represented a commercial product manufacturer in defense of Lanham Act and common law false advertising and unfair competition claims brought by a competitor, prevailing on summary judgment and asserting counterclaims for Lanham Act and common law false designation of origin, false advertising, and unfair competition.
• Represented a major consumer retail company in a putative class action relating to alleged safety issues and related product representations, resulting in dismissal of the case.
• Represented major online review company in suit related to review platform, resulting in a dismissal of the case.
• Advised numerous food, beverage, and consumer product companies regarding product labels; print, online and social media advertising campaigns; online sales processes and disclosures; and distribution strategies.
• Represented a major airline in a putative class action relating to airline’s cancellation policy, resulting in a dismissal of the case.
• Represented a major airline in a putative class action relating to airline’s reward program, resulting in a dismissal of the case.
• Represented an individual Yelp! reviewer in a case brought by a business asserting breach of contract and defamation claims, resulting in dismissal under the Texas Citizens’ Participation Act (anti-SLAPP statute).
• Represented multiple pet food manufacturers in threatened putative consumer class actions challenging labeling and advertisements.
• Represented a major airline in a putative class action relating to service fees, resulting in voluntary dismissal following a motion to dismiss.
• Represented consumer product manufacturer in agency proceeding regarding allegations of false and misleading advertising.
• Represented retail food provider in Lanham Act and Alabama Deceptive Trade Practices Act case, resulting in dismissal of first complaint and summary judgment granted in favor of client.
• Represented multiple foods product manufacturers in defending putative class action claims related to product ingredients, “natural” representations or allegedly bioengineered or GMO ingredients, resulting in dismissal of claims or favorable settlements.
• Represented various companies in investigating and making claims related to competitor advertising statements.

Antitrust

• Represented defendant in antitrust putative class case under the Texas Free Enterprise and Antitrust Act, regarding independent distributor arrangements, resulting in dismissal of the case.
• Represented numerous companies in responding to subpoenas and CIDs from government agencies related to antitrust investigations.
• Represented a manufacturer in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations.
• Advised numerous companies, including in the consumer and commercial products and health care industries, regarding antitrust aspects of proposed joint ventures, mergers and acquisitions, and other transactions.
• Advised numerous companies, including in the consumer and commercial products and health care industries, regarding potential antitrust actions and implications of competitors’ or suppliers’ behavior.
• Advised numerous companies across industries regarding antitrust policy, training, and compliance matters.
• Represented a manufacturer in direct and indirect purchaser putative class actions regarding an alleged conspiracy to fix prices.
• Represented offshore drilling company in putative class action alleging antitrust and RICO violations, resulting in summary judgment in favor of client.
• Represented a group of physicians in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations.

General Commercial Litigation

• Representing owner of closely-held companies in breach of contract and fiduciary duty derivative arbitration and lawsuit against other members and managers.
• Representing chapter 7 bankruptcy estate in pursuing over $200 million in claims against former principals.
• Representing certified class of creditors in court-approved settlement of wage and related claims in chapter 7 bankruptcy proceeding.
• Representing reorganized company in fraud suit against former principals seeking recovery of over $90 million.
• Represented owners of retail chain as plaintiffs in litigation against business partners for breaches of fiduciary duties and other wrongful actions.
• Represented creditors’ trust in litigation against putative defendant class of shareholders receiving over $10 million in dividends.
• Represented bankruptcy chapter 11 Trustee in class action adversary proceedings related to ownership of alleged estate assets and rescission claims against the estate, securing approval of class action settlement required to resolve over $2 billion bankruptcy.
• Represented a medical marijuana distributor in defending claims of fraud and securities violations and RICO claims, resulting in a dismissal of the case.
• Represented litigation trustee in fraud suit against principal of investment scheme, resulting in a favorable judgment of over $40 million.
• Represented a student in a First Amendment challenge to educational institution policies, resulting in a favorable dismissal.
• Represented a company in defending defamation claims involving the First Amendment and the Texas Citizens’ Participation Act (anti-SLAPP).
• Represented food product manufacturer in alleged class action regarding treatment of independent distributors, resulting in dismissal of case.
• Represented food product manufacturer in arbitration proceeding regarding status of independent distributors and other labor claims, resulting in complete victory for client.
• Represented food product manufacturer in action by an independent distributor for various Arkansas state law claims, resulting in Arkansas Supreme Court opinion that arbitration agreement required dismissal of case.
• Represented real estate developer as the plaintiff in arbitration proceeding regarding a contractual dispute, resulting in a complete victory for client, including award of attorneys’ fees.
• Represented title insurance company and insureds to resolve issues relating to missing and incorrect documentation in more than 500 residential property closings across the country.
• Represented banking institution in defending claims of breach of contract and fraud, resulting in take-nothing judgment in favor of the client.
• Represented both plaintiffs and defendants in wrongful foreclosure actions of both commercial and residential property.
• Represented both plaintiffs and defendants in actions relating to non-competition and confidentiality agreements, including obtaining temporary restraining orders.