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Nick Simms is a partner in the litigation section of Porter & Hedges. He has broad experience in construction disputes and civil litigation, including commercial lawsuits, construction litigation involving private and governmental entities, gas marketing disputes, international disputes, labor and employment disputes, and intellectual property disputes. He is also successfully represented various product manufacturers throughout the U.S. in multi-million dollar disputes alleging product defect. Representative Experience Construction Litigation:
- Representation of a construction manager in a $35 million dispute with the owner arising out of the collapse on a highway project.
- Representation of an owner of industrial warehouses in a dispute with a general contractor, a subcontractor and roof membrane manufacturer.
- Representation of 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.
- Representation of a major chemical company in a dispute with a general contractor that arose out of the construction of chemical facilities.
- Representation of a major chemical company in a dispute with a supplier of heat exchangers for one of owner's chemical plants.
- Representation of 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.
- Representation of a major chemical company in a dispute with a supplier involving the construction of an ethlybenzene plant, design defects and ownership of intellectual property created on the project.
- Representation of a subcontractor in a dispute with a general contractor in connection with the installation of high-end cabinetry in an upscale retail store.
Commercial Litigation:
- Representation of several national companies in various commercial disputes involving determination of rights and obligations under stock purchase and asset purchase agreements.
Products Liability and Toxic Tort:
- Representation of 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 a major washing machine manufacturer in product liability lawsuit filed by its distributor. The lawsuit involved claims of multiple design defects with the plaintiff seeking over $20 million in damages.
- Representation of premises and products defendants in hundreds of toxic tort and products liability lawsuits filed in Beaumont, Texas.
International Practice/Litigation:
- Representation of several foreign companies in various disputes in the United States, monitoring disputes pending in foreign jurisdictions, including Mexico and Japan.
- Representation of Mexican companies in the applicability and effect of the Convention on International Sale of Goods.
- Representation of a Scottish citizen and a Scottish company in an adversary proceeding pending in bankruptcy court in Houston, Texas.
Labor and Employment:
- Representation of a major energy company in an age discrimination dispute with a former high level employee.
- Representation of an employer in a reverse discrimination lawsuit in federal court.
- Representation of employers on validity of non-compete agreements with employees.
Intellectual Property:
- Representation of a major Department of Energy Contractor in a patent infringement dispute with a competitor.
- Representation of Fortune 100 company in protecting disclosure of trade secret information.
Professional / Civic Affiliations
- State Bar of Texas
- Houston Bar Association - Litigation and Bankruptcy Sections
- Young Lawyers Association
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