Duke University School of Law,
J.D., honors, 2003; Law School Advocacy Award; Jou
B.S., Chemical Engineering, cum laude, 2000
US Supreme Ct
US Ct Appeals, 5th Circuit (LA, MS, TX)
US Ct Appeals, 9th Circuit (AZ, CA, HI, ID, MT, NV, OR, WA, Guam, M. Isles)
US Ct Appeals, 11th Circuit (AL, FL, GA)
Texas USDC, Eastern District
Texas USDC, Northern District
Texas USDC, Southern District
Texas USDC, Western District
Arkansas Ct of Appeals
Federal Bar Association Antitrust & Trade Regulation Section; Secretary, 2014-2016, Deputy Chair, 2017-2019
American Bar Association Antitrust Law Section; Vice Chair, Advertising Disputes and Litigation Committee, 2017-2020
Antitrust & Business Litigation Council, State Bar of Texas, 2010-present
Dallas Bar Association; Antitrust and Trade Regulation Section; Chair, 2012-2013, 2015; Treasurer, 2011; Leadership Committee, 2010, 2014
Texas Bar Foundation, Sustaining Life Fellow
DAYL Foundation, Fellow
Leadership DISD Alumni
Included in The Best Lawyers in America (by BL Rankings) for Antitrust Law, Litigation-Antitrust, 2016-2021
Recommended Attorney, The Legal 500 US by Legalease for General Commercial Disputes, 2018-2019
Vice Chair, City of Dallas Judicial Nominating Commission, 2017-2019
Recognized in Texas Super Lawyers by Thomson Reuters for Antitrust Litigation, 2014-2019
Included as a "Rising Star" for Antitrust Litigation, 2012-2014
Listed in the Under 40 Hot List by Benchmark: Litigation, The Definitive Guide to America’s Leading Litigation Firms & Attorneys, 2016-2018
Leadership Council on Legal Diversity Fellow, 2017
Rainbow Days Promise Award Recipient, 2015
Listed, Best Lawyers Under 40 in Dallas by D Magazine, 2006
Thompson Coburn LLP
Thompson & Knight LLP
Partner 2012-2020, Associate 2003-2012
UNT Dallas College of Law
Adjunct Professor and Head Coach of Advocacy Teams, 2015-Present
Attorneys Serving the Community
Mayor's Star Council
Rainbow Days, Inc.
Executive Board of Directors, 2014-Present
City of Dallas Judicial Nomination Commission
Vice Chair, 2017-Present
Dallas Association of Young Lawyers
Board of Directors, 2006
Nicole is a highly experienced trial lawyer who represents clients in matters involving antitrust, advertising, fraud investigations and litigation, RICO and class actions. She is the managing partner of Thompson Coburn's Dallas office.
Nicole represents clients as both plaintiffs and defendants in federal and state court litigation raising claims under federal and state antitrust statutes, unfair competition laws, Lanham Act and false advertising laws. She also defends clients from claims relating to various state consumer protection laws, particularly the laws of the states of Texas, California and New York. Nicole also represents clients as both plaintiffs and defendants in fraud investigations and resulting litigation, as well as general commercial litigation matters.
Nicole also counsels clients in the areas of antitrust and trade regulation, including advertising. She provides legal opinions and advice to a wide range of companies regarding the antitrust implications of product distribution agreements, joint ventures, other contractual arrangements, membership requirements for organizations, and mergers and acquisitions. She has provided legal opinions and advice to food, beverage and consumer product and service companies regarding existing or proposed advertising materials, including product packaging, labeling and distribution materials, and social media and website content, as well as analyzing similar competitor materials and comparative advertising campaigns. She also analyzes product packaging, labeling and social media and website content as part of due diligence in transactions. Nicole has helped clients navigate First Amendment, Texas Citizens Participation Act (anti-SLAPP) and Defamation Mitigation Act issues related to advertising, social media, business and consumer disputes and news publications.
Nicole has represented clients in investigative proceedings by the Federal Trade Commission, Department of Justice, Texas Attorney General and National Advertising Division of the Better Business Bureau.
She has held leadership positions in the antitrust sections of the nearly every national and regional bar association, including the ABA, the Federal Bar Association, the Dallas Bar Association and the State Bar of Texas.
Represented a carbon steel flange 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 individuals in defense of advertising and intellectual property claims related to sale of turban and other head covering products, resulting in favorable settlement.
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; 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, resulting in voluntary dismissal following a motion to dismiss.
Represented food product manufacturer in multiple alleged nationwide and statewide class actions related to false and misleading advertising for various products.
Represented consumer product manufacturer in agency proceeding regarding allegations of false and misleading advertising.
Represented international restaurant chain in threatened putative statewide consumer class action challenging representations on restaurant menu.
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 retail food provider in threatened putative nationwide consumer class action challenging food product labels; motion to dismiss granted in related Lanham Act case.
Representing putative class of independent retailers of higher education course materials in antitrust suit against publishers and other retailers.
Advised numerous companies regarding antitrust aspects of proposed joint ventures, mergers and acquisitions.
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 regarding potential antitrust actions and implications of competitors' behavior.
Advised numerous companies regarding antitrust policy 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.
Representing reorganized company in fraud suit against former principals seeking recovery of over $90 million.
Representing 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.
“Recent Texas Citizens Participation Act Amendments,"
UNT Dallas Law Review, Fall 2019
"SCOTX Erects New Hurdle for Litigating Anonymous Defamation,"
Texas Lawbook, February 07, 2019
ABA Antitrust Class Action Handbook, Chapter Contributor,
“Just How Broad is the Texas Anti-SLAPP Statute?”
Dallas Bar Association Headnotes, November 2017
ABA Model Jury Instructions in Civil Antitrust Cases,
Revision Committee, 2016
"Managing Risk in 140 Characters or Less: #BrandsOnTwitter,"
Association of Corporate Counsel, November 2015
ABA Joint Venture Antitrust Handbook, Chapter Contributor,
Inside the Minds: Recent Developments in Advertising Law
Chapter Contributor, 2013
ABA Handbook of Market Definition, Chapter Contributor,
"Liberty Mutual Moves to Dismiss Spitzer Lawsuit Challenging Contingent Commission and Bid-Rigging"
The Insurance Policy, Fall 2006
Insurance Antitrust Handbook, Chapter Contributor,
"The FTC Rules of Practice for Adjudicative Proceedings: A Comparison to the Federal Rules"
ABA Antitrust Spring Meeting, March 2005
"Responsible Return to the Workplace: Testing and Contact Tracing,"
Dallas Regional Chamber, September 10, 2020
"Consumer Protection Update,"
ABA Antitrust Law Section, June 18, 2019
“Consumer Protection Litigation: U.S. Trends and Developments,”
ABA Antitrust Law Spring Meeting, March 28, 2019
"Defamation and Business Disparagement – Old Torts with a New Twist in the Age of Social Media,"
Association of Corporate Counsel, August 8, 2018
"Mock Trial - Motion to Dismiss Hacking Suit,"
ABA Antitrust Law Spring Meeting, Spring 2018
“Consumer Legal Disputes: A View from a Consumer Advocate,”
September 13, 2017
Trial-Focused Discovery: You Don’t Always Get What You Want, But Get What You Need,"
ABA Section of Litigation Spring Meeting, Spring 2017
“The Impact of Campbell-Ewald, Tyson Foods, and Spokeo on Class Actions,"
Federal Bar Association, July 2016
“What’s on your Mind? #SocialMedia from a Company’s Perspective,”
February 25, 2016
“CFPB Regulations and Activities: 2015 Developments and 2016 Predictions,”
February 17, 2016
"Social Media at Work: #TrendingTopics"
Association of Corporate Counsel, September 29, 2015
"CFPB & UDAAP: Recent Developments & Hot Topics,"
Association of Corporate Counsel, June 23, 2015
“Social Media for Brand Owners: #TrendingTopics,”
Association of Corporate Counsel, June 03, 2015
"Protecting Brand Integrity: Product Theft, Diversion, and Counterfeiting and Product Reputation and Promotion,"
RIMS Conference, April 29, 2015
"The Arbitration Tool Box: Arbitrating Complex Cases,"
Federal Bar Association, March 24, 2015
"Hot Topics in Advertising and Branding: What In-House Attorneys and Marketing Professionals Need to Know about Compliance, Protection, and Enforcement"
March 6, 2015
"Hot Topics in Advertising and Branding: What In-House Attorneys and Marketing Professionals Need to Know about Compliance, Protection, and Enforcement,”
November 13, 2014
"Class Actions and Arbitration: Developments After Concepcion,"
November 13, 2014
"Getting Jury Instructions Right In Civil Antitrust Cases,"
ABA Antitrust Spring Meeting, March 26, 2014
"Antitrust Aspects of M&A Transactions,"
Corporate Counsel Institute, Spring 2014
"FTC v. North Carolina Dental: Implications for State Regulation,"
ABA Antitrust Section, July 19, 2013
"Strategies and Tips on Multidistrict Practice and Litigation,"
State Bar of Texas Annual Meeting, June 20, 2013
"The Increasing Reach and Risk of Advertising Law,"
Flower Mound Bar Association, May 31, 2013
“Current Issues in E-Discovery,"
Dallas Bar Association Antitrust Section March 19, 2013
"Responding to Large Document Subpoenas: Best Practices and Technologies to Avoid Wasting Money and Time,"
February 6, 2013
"State Consumer Protection Laws: Enforcement and Litigation Trends in Texas,"
ABA Section of Antitrust, September 20, 2011
"The Increasing Reach and Risk of Advertising Litigation,"
"ABA Antitrust Update for In-House Counsel,"
ABA Section of Antitrust, December 3, 2010
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