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Media and Entertainment Law Newsletter, February 2014

The Media and Entertainment Newsletter highlights current issues in Media and Entertainment Law.  Articles featured in the February 2014 issue include: >>



Nick Nelson

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5953
F +1 214.200.0601

Areas of Practice

Education

  • J.D., University of Virginia School of Law, 2010, Editor in Chief, Journal of Law & Politics; Finalist and Best Oralist, William Minor Lile Moot Court Competition
  • B.A., Print Journalism, Brigham Young University, 2006

Bar Admissions

  • Texas, 2010

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Languages

  • Spanish
Nick Nelson

Nick Nelson is an associate in the firm's Business Litigation Practice Group. His practice focuses on disputes involving trade secrets, patents, trademarks, and copyrights, and on all facets of media law. Nick has served as second chair in two successful trials, and he has extensive experience in managing complex e-discovery projects, preparing witnesses, taking and defending depositions, preparing persuasive briefing, and examining witnesses at trial.

Nick is part of the firm's Social Media Practice Group. He developed the "Legal Spanish" app for the iPhone to assist attorneys in offering pro bono services to Spanish-speaking clients. Nick previously worked as a journalist covering business and high technology, and he enjoys writing about media law and First Amendment issues.

Representative Experience

  • Served as second chair in the successful representation of Halliburton Energy Services, Inc. as plaintiff in a two-week jury trial, resulting in a unanimous jury verdict that defendants were liable for misappropriation of trade secrets, breach of contract, and breach of a fiduciary duty, and a unanimous damages award in the amount requested.
  • In a two-week final hearing before the American Arbitration Association in Miami, served as second chair in the successful complete defense of an international oilfield services company. The panel unanimously rejected claims of misappropriation of trade secrets and breach of contract, and awarded none of the $300 million in claimed damages.
  • Successfully defended a South Korean manufacturer in a patent infringement lawsuit brought by a U.S. manufacturer.
  • Assisted in the defense of a U.S. manufacturer of wearable fitness tracking devices in a patent infringement lawsuit brought by a U.S. non-practicing entity, resulting in the transfer of the case to a venue more convenient to the client.
  • Assisted an employer in bringing claims of misappropriation of trade secrets and breach of contract against a former employee for failing to disclose and assign certain intellectual property, resulting a favorable settlement.
  • Defended a cable television network and television production company against allegations that a reality television show produced and broadcast by the defendants was derived from a concept owned by the plaintiff.
  • Represented a European pharmaceutical company during a trademark cancellation proceeding at the Trademark Trial and Appeal Board.
  • Provided research and strategic support as part of the successful defense of a national media company sued for copyright infringement.

Recent Publications

  • "FDA Issues Guidance on Reporting Requirements for Web-based Promotion of Drugs and Biologics," IPI Vol. 6, Issue 2 (Summer 2014).
  • "Corporate Practice Series Portfolio No. 91, Social Media Law," co-author with David Bell et al., Bloomberg BNA (Fall 2013).
  • "Intrusion upon Seclusion Comes to Canada," co-author with Tom Williams, ABA Committee on First Amendment & Media Litigation (Fall 2013).
  • "Recent Developments in Media, Privacy, and Defamation Law," co-author with Tom Williams, Tort Trial & Ins. Prac. L. J., (Winter 2012).
  • "Intellectual Property Law," SMU Law Review, 64 S.M.U. L. Rev. 367 (Winter 2011).
  • "Social Media, Speech, and the Schoolhouse," co-author with David Bell, Law360, August 11, 2011.

Pro Bono Activities

  • Serves on the Legal Committee of the Perot Museum of Science & Nature.
  • Co-founded Rosemont Dad's Club, a non-profit organization that supports Rosemont Primary School in the Oak Cliff neighborhood of Dallas.
  • Participated in the City of Arlington Visiting Prosecutor Program and obtained a unanimous jury verdict in all three misdemeanor cases that went to trial.
  • Worked with the Human Rights Initiative to assist a client in applying for a visa under the federal Violence Against Women Act.
  • Prevailed in a forcible detainer trial, allowing a client to retake possession of her home.

Selected Representative Experience


Halliburton Energy Services, Inc., vs. Axis Technologies LLC, 95th District Court, Dallas County, Texas, 2012 (No. DC-11-00267-D)
After a two-week trial, secured a judgment awarding Halliburton $713,300 in damages based on a verdict on three claims: trade secret misappropriation; breach of contract and breach of fiduciary duty, based upon an employee's taking of confidential information relating to Halliburton’s frac plug technology; and competition with Halliburton in manufacturing plugs using those trade secrets.

Memberships

  • American Bar Association
  • Dallas Bar Association’s Publications Committee
  • World Affairs Council of Dallas/Fort Worth

Online Publications

02/06/2014 - Media and Entertainment Law Newsletter, February 2014
The Media and Entertainment Newsletter highlights current issues in Media and Entertainment Law.  Articles featured in the February 2014 issue include:

02/06/2014 - First Amendment Protections Aren't Just for the Press, Ninth Circuit Says
When blogging became mainstream, many wondered if blogging would have an effect on the legal protections afforded to professional journalists.

09/20/2012 - Media Law Resource Center Guest Article: Texas Appeals Court Applies Reporter’s Privilege in the Defamation Context
A Texas court of appeals has ruled that even without the protection of the state’s new shield law, a journalist sued for libel has a qualified First Amendment privilege not to divulge confidential sources. Nelson, et al. v. Pagan, et al., No. 05- 09-01380-CV (Tex. Civ. App.—Dallas Aug. 8, 2012) (Morris, Francis, and Lang-Miers, JJ.).

08/11/2011 - Law360 Guest Column: Social Media, Speech And The Schoolhouse
The U.S. Supreme Court soon will have the opportunity to consider the extent to which the First Amendment protects student use of social media sites and blogs off campus.