Mr. Barclay Richard Nicholson is a lawyer practicing bankruptcy and restructuring, construction, energy, infrastructure and project finance and 13 other areas of law. Barclay received a B.A. degree from University of Texas in 1995, and has been licensed for 27 years. Barclay practices at Sheppard Mullin in Houston, TX.
Reviews for Barclay
Services
Areas of Law
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Intellectual Property
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Litigation
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Insurance
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Transportation
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Environmental Law
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Other 11
- Bankruptcy and Restructuring
- Construction
- Energy, Infrastructure and Project Finance
- ESG and Sustainability
- International Arbitration
- Real Estate, Energy, Land Use & Environmental
- Distressed Real Estate Loan Workouts and Enforcement
- Financial Services
- Hospitality
- Multifamily Housing
- Private Equity
Practice Details
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LanguagesArabic
French
German
Greek
Hebrew
Indonesian
Italian
Japanese
Korean
Russian
Spanish
Vietnamese -
Firm InformationPositionPartnerFirm NameSheppard Mullin
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Representative Cases & TransactionsCasesExperience: Recent, significant litigation
arbitration activities include: Energy Related Representations include: Lead arbitration counsel for a private equity backed mineral interest fund against a broker dealer claiming fees owed under various financing contracts
Lead trial counsel in class action litigation involving environmental concerns related to unconventional oil
gas drilling operations
Lead trial counsel in crude oil take-or-pay trading suit for Canadian based, international oil
gas company
Lead trial counsel in crude by rail train derailment for US based crude by rail transportation company
Lead trial counsel in litigation arising from multiple oil & gas leases
related service contracts
Counseled companies regarding the disclosure of hydraulic fracturing fluids
Lead trial counsel in dispute regarding Joint Operating Agreement between oil
gas operators
Lead trial counsel in lawsuits involving claims of groundwater contamination due to hydraulic fracturing operations
Lead trial counsel for major oil
gas drilling company in dispute regarding drilling operations
Lead arbitration counsel for British LNG provider in commercial dispute concerning multiple multinational JOA
PSA contracts pending before LCIA
Lead arbitration counsel for major oil producer in ICC arbitration involving a failed merger
Trial counsel in trial court
Fifth Circuit Court of Appeals for multi-national oil
gas company in $266 billion False Claims Act suit
Arbitration counsel for Canadian oil
gas company in ICC arbitration dispute concerning West African offshore oil fields
Arbitration counsel for major multinational producer
refiner in dispute with government over offshore oil rights
Lead arbitration counsel for multinational oil producer
refiner over government related claims in ICC arbitration
Lead trial counsel for International gas company in multiple take-or-pay contract disputes
Lead trial counsel for regional drilling
exploration company in well damage case in Texas State Court
Lead trial counsel for local oil
gas exploration company regarding a deceptive trade practices action pending in Federal Court in Houston
Commercial Litigation Representations include: Lead trial counsel for national newspaper in complex breach of contract
breach of fiduciary duty case in state court
Lead trial counsel for small manufacturing business owner in a state court dispute regarding a buy-sell agreement
Lead trial counsel for crude by rail operator relating to contract dispute for rail terminals
railcar leases
Lead attorney for oil field equipment manufacturer in contractual business dispute regarding a buy-out agreement
Lead trial counsel for International law firm in a malpractice action
Lead trial counsel for major media company in a wrongful death case
Lead trial counsel for premises owner in a suit that involved catastrophic personal injury
Prosecuted over 20 lawsuits on behalf of the City of Houston, as first chair attorney
Construction Related Representations include: Trial counsel for public entity involving alleged damage to surrounding buildings leading to high rise tower settlement
tilt in San Francisco, California
Lead trial counsel for general contractor of a $2 billion dollar construction project of multiple high rise condo towers in Las Vegas involving construction defects
Lead trial counsel in defense of general contractor related to multi-story condo tower project in Miami
Lead trial counsel in defense of general contractor related to development of large master planned community in Florida
Lead trial counsel for general contractor related to $1 billion dollar industrial complex in Denver
Lead trial counsel for general contractor on school building construction alleging construction defect claims in Texas
Lead trial counsel for general contractor of multi-story commercial building in Santa Monica involving construction defects
Trial counsel for publicly traded mid-stream company related to construction delays of a multi-state pipeline project
Lead trail counsel for one of the world's largest oil
gas companies in construction dispute involving multinational EPC contract
Lead arbitration counsel for regional pipeline company in AAA arbitration involving construction delay dispute
Trial counsel for national manufacturing company in bench trial in South Texas that resulted in a take nothing judgment
recovery on counter-claim
First Party Insurance
Bad-Faith Representations include: Trial counsel for Fortune 500 Insurance Company in coverage
bad-faith lawsuits in state
federal court with exposure totaling over $250 million
Trial counsel for one of the world's leading insurance companies in a bad-faith trial lasting over four weeks in Jefferson Parrish, State Court in Louisiana
Trial counsel for multinational insurance company against bad-faith claims brought in Federal Court in Missouri
Trial counsel for International insurance carrier in first party litigation case involving bad-faith claims arising out of excess insurance policy
Trial counsel for National insurance company in appeal involving contractual dispute between companies which resulted in widely cited published court of appeals decision
Trial counsel for National insurance company in case of first impression that involved bad-faith
case was won at summary judgment
subsequently upheld at appellate level
published opinion has become widely cited as precedent
Intellectual Property Representations include: Trial counsel for Fortune 500 energy company in a week long complex patent infringement jury trial in Federal Court for the Eastern District of Texas
Lead trial counsel for major media company as defendant in TV related technology matter in Federal Court for the Eastern District of Texas
Trial counsel for International consumer electronics company in patent case involving MP3 players in Federal Court in Southern District of Texas
Trial counsel for International medical device manufacturing company in patent case involving surgical devices in Federal Court for the Eastern District of Texas
Experience
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Bar Admission & MembershipsAdmissions1999, Texas
2009, New York
2007, Colorado
MembershipsMemberships
•American Bar Association
•International Energy & Natural Resources Committee, Vice-Chair (2011 - 2021)
•Energy Litigation Committee, Senior Leadership and Programs Chair (2013 - 2016)
•Construction Law, Litigation and Dispute Resolution Committee (2017
2021)
•Business Torts Litigation Committee, Committee Leadership (2011 - 2012)
•International Law Section, Steering Group (2014 - 2015)
•Environment, Energy and Resources Section
•Litigation Section
•Tort and Insurance Practice Section, Former Co-Chair
•Continuing Legal Education Committee, Standing Committee Member
•Advisory Panel
•State Bar of Texas
•Litigation Section
•Oil, Gas & Energy Resources Section
•Construction Section
•Professional Liability Section
•Federal Bar Association
•College of the State Bar of Texas (2006 - 2021)
•Pro Bono College of the State Bar of Texas (2006 - 2021)
•Houston Bar Foundation, fellow
•Texas Bar Foundation, fellow
•Houston Bar Association
•Chair of the Litigation Section (2013 - 2014)
•Chair-Elect of the Litigation Section (2012 - 2013)
•Continuing Legal Education Committee (2011 - 2012)
•Membership Committee (2011 - 2012)
•Dispute Resolution Committee, Board of Director (2008 - 2010)
•Speakers Bureau Committee (2008 - 2009, 2011 - 2012)
•Professionalism Committee (2007 - 2009)
•Fee Disputes Committee (2006 - 2008)
•The General Counsel Forum
•Board Member and Corporate Secretary (2013 - 2021)
•Energy Law Report, Published by LexisNexis, Board of Editors (2014 - 2018)
•Houston Young Lawyers Association
•Bench Book Committee, Chairman and Editor-in-Chief (2005 - 2007)
• World Affairs Council of Houston
•Association of International Petroleum Negotiators
•Houston Claims Association
•Texas Independent Producers & Royalty Owners Association
•The Institute for Energy Law
•Vice-Chair and Member of the Executive Committee (2014 - 2017)
•Editor Oil and Gas E-Report (2021)
•Member of the Advisory Board
•Independent Petroleum Association of America
•Member of Land & Royalty Committee
•Member of Environment & Safety Committee
•Energy & Mineral Law Foundation
•Rocky Mountain Mineral Law Foundation
•Texas Association of Defense Counsel
•Texas Supreme Court Historical Society
•New York State Bar Association
•Colorado State Bar Association
•Strauss fellow, Next Generation Project Texas, LBJ School of Public Affairs, The University of TexasBar FellowshipHouston Bar Association; Texas Bar Foundation. -
Education & CertificationsLaw SchoolUniversity of Houston
Class of 1999
J.D.
Other EducationUniversity of Texas
Class of 1995
B.A.
While in law school Barclay was Associate Editor of the Houston Law Review. He was also selected to be a member of the Order of the Coif and is also member of the Order of the Barons. He is licensed to practice law in the State of Texas, the State of New York, the State of Colorado, and in the United States District Courts for the Southern, Northern and Western and Eastern Districts of Texas, and for Eastern and Western Districts of Arkansas, as well as the Fifth Circuit Court of Appeals.
Mr. Barclay Richard Nicholson
700 Louisiana Street, Suite 2750Houston, TX 77002U.S.A.
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