J.D., Baylor University School of Law, 1995
B.B.A., Managerial Finance, University of Nevada, Las Vegas, 1992
United States District Court Southern District of Texas
Nick Simms is a partner in the litigation practice group of Porter Hedges. His practice focuses on international arbitrations and disputes, construction disputes and civil litigation, including commercial lawsuits, construction litigation involving private and governmental entities, gas marketing disputes, labor and employment disputes, and intellectual property disputes. He has also successfully represented various product manufacturers throughout the U.S. in multi-million dollar disputes alleging product defect.
Nick was the Chair of the Houston Bar Association’s International Law Section (“ILS”) for 2014-15. He served as the ILS Vice-Chair in 2013-14 and the Secretary in 2012-13. He was also listed as a recommended construction lawyer by The Legal 500 in 2012 & 2016.
- Representation of general contractor in ICDR Arbitration involving breach of contract and fraud claims arising from subcontractor assets confiscated by Iraqi government. Subcontractor sought nearly $4 million in damages. The Tribunal dismissed subcontractor’s claims via summary disposition and awarded general contractor its attorneys’ fees.
- Representation of Canadian attorney and law firm in state court litigation. Prevailed on a Special Appearance.
- Representation of U.S. company against Kuwaiti subcontractor in the Hague, the Netherlands. Prevailed on the primary issue in the case and worked with local Kuwaiti counsel to uncover records that had not been disclosed by Kuwaiti company.
- Representation of a U.S. contractor against a Kuwaiti company in a dispute with a Kuwaiti company involving over 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. Defeated a vast majority of claims asserted by subcontractor and prevailed on counterclaim against subcontractor for repairing and storing vehicles. Simultaneously worked with local counsel in Kuwait to prevent subcontractor’s collateral attacks in Kuwait – in criminal and civil courts. There were two separate arbitration hearings in this dispute – one in Washington, D.C. and one in Dubai.
- Representation of a U.S. company against Kuwait subcontractor in a dispute involving the construction 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. Defeated subcontractor’s claim for the disputed amounts. Venue of hearing was Washington, D.C.
- Representation of a U.S. company against a Kuwaiti subcontractor for idle labor. The subcontractor claimed that it had numerous workers idle on a subcontract. Defeated all of subcontractor’s claims. Venue of hearing was Washington, D.C.
- Representation of a U.S. company against 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. Defeated subcontractor’s claims. Venue of hearing was Washington, D.C.
- Representation of U.S. company against Saudi Arabian company in state court in Houston, Texas. Saudi Arabian company sought $23 million in damages. Disposed of in excess of $22 million of the claimed damages.
- 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.
- Representation of several foreign companies in various disputes in the United States, monitoring disputes pending in foreign jurisdictions, including Mexico and Japan.
- Representation of technology center against a chemical company arising out of the construction of a pilot plant. Prevailed on primary claim that was tried during a four week trial.
- Representation of a construction manager in a $35 million dispute with the owner arising out of the collapse on a highway project. Resolved dispute with nominal settlement.
- Representation of an owner of industrial warehouses in a dispute with a general contractor, a subcontractor and roof membrane manufacturer. Prevailed against subcontractor and obtained favorable settlement with the other parties.
- 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. Prevailed after a three and half week trial and the subcontractor did not recover any damages.
- 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.
- 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.
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.
- 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, Member
- Houston Bar Association, Member of International Law Section (Secretary 2012-2013, Vice Chair 2013-2014), Construction Section, and Litigation Section
- American Bar Association, Member
- Houston Young Lawyers Association, Member
- “International Arbitration Roundtable,” presented to the Houston Bar Association’s International Law Section (04/08/15)
- "Tips for Effective Advocacy in International Arbitration," Porter Hedges' International Arbitration Roundtable (May 2014)
- "Do’s, Don’ts and Absolutely Nots of International Arbitration,” presented to the Houston Bar Association’s International Law Section (February 2013)
- “Five Considerations When Contracting With the Federal Government,” presented by Porter Hedges (February 2009)
- “Advocacy in Arbitration and Mediation,” presented to the State Bar of Texas meeting in San Antonio (August 2007)