Nicholas helps businesses and financial institutions navigate complex disputes with their insurance carriers. He has recovered hundreds of millions of dollars in insurance proceeds on behalf of his clients in policyholder insurance coverage disputes as a result of the successful resolution of litigation / arbitration and pre-litigation claims. He represents policyholders in all types of first- and third-party insurance claims, including under cyber, CGL, D&O, E&O/professional liability, EPL, fidelity and crime, political risk, product recall, property damage / business interruption, representations and warranties (RWI / R&W), and other manuscript lines of coverage.
Nicholas also regularly advises companies on risk management needs arising out of policy renewals and M&A transactions, including negotiating best-in-class terms and conditions for all lines of commercial insurance with U.S. and international insurers, as well as on indemnification and advancement issues, particularly under Delaware law.
In addition to his insurance coverage practice, Nicholas is a skilled litigator who has developed effective case strategies in litigation around the country, including in class actions, contract disputes, business torts, post-merger, false claims act, and fraudulent conveyance disputes.
Nicholas has been recognized in The Best Lawyers in America “Ones to Watch List” for Commercial Litigation from 2021 to 2025 and also in 2024 and 2025 for Insurance Law. He has also been recognized in Legal 500 United States for Insurance: Advice to Policyholders from 2023 to 2025.
In addition to his legal practice, Nicholas has served on the Board of Directors of the Atlanta Children’s Shelter since 2018, and is currently the board chair.
- Obtained victory on behalf of Xerox Corporation in bad faith D&O coverage litigation in New York Supreme Court arising from failed merger transaction with Fujifilm, including precedent setting, win on appeal to New York First Department. See Xerox Corp. v. Travelers Cas. & Sur. Co. of Am., 225 A.D.3d 510 (1st Dep’t 2024).
- Represented Prime Healthcare Services, Inc., one of the nation’s largest healthcare providers, in insurance recovery litigation under management liability policies for multimillion-dollar losses incurred in underlying qui tam False Claims Act litigation, including defeating insurers’ demurrers and motion for summary judgment.
- Representation of bank holding company in current and prior insurance coverage disputes involving bankers professional liability (E&O) and D&O coverages for claims arising class action litigation involving professional and/or lending services, patent litigation, and government investigations and proceedings, resulting in more than $70 million in recoveries.
- Represented a bank holding company in multiple insurance recovery litigation matters involving bankers professional liability (E&O) and D&O coverages for claims arising, in part, from the 2008 credit crisis, as well as other financial-related litigation, resulting in significant recoveries.
- Representing leading private equity fund in a $35 million RWI recovery arbitration arising from misrepresentations in transaction agreement relating to financial statements.
- Represented large energy company in insurance recovery international arbitration under a D&O policy regarding underlying lawsuit arising from Delaware derivative litigation, resulting in favorable arbitration award after final hearing.
- Represented former officers in Delaware Chancery Court seeking advancement of more than $5 million in defense costs in underlying trade secrets litigation, securing a complete trial victory. See Leon Gilbert and Michael McGarvey v. Unisys Corp., 2024 WL 3789952 (Del. Ch. Aug. 13, 2024).
- Representing multi-national aerospace manufacturer in D&O coverage dispute for losses in securities and derivative lawsuits in a multi-hundred-million-dollar D&O insurance claim.
- Represented large public energy company in D&O insurance coverage claims related to the abandonment of a nuclear construction project asserted against the company and numerous former directors and officers, including securities class action lawsuits, shareholder derivative demands, shareholder derivative lawsuits, a RICO lawsuit, class actions, and numerous government and agency investigations, as well as securities and derivative lawsuits relating to a merger. Resulted in nine-figures in D&O insurance proceeds recovered, including significant Side-A recovery.
- Representing private equity portfolio company / beauty products company in an insurance recovery dispute involving over $100 million of primary CGL and excess / umbrella liability policies relating to insurance coverage issues arising from 1,000+ underlying cases filed against insured in multi-district litigation (MDL).
- Representing private equity portfolio company in insurance recovery litigation over coverage under CGL and umbrella liability policies relating to underlying wrongful death claim.
- Represented Fortune 500 pulp and paper company in insurance recovery and indemnification litigation as an additional insured under a CGL policy, including defeating insurer’s motion to dismiss bad faith claim and client’s status as an additional insured under excess liability policy.
- Represented private equity portfolio company in insurance recovery litigation under commercial property policy, resulting in recovery after pursuing successful jurisdictional challenge and defeating insurer’s motion to dismiss.
- Representation of a multinational beverage corporation in various insurance recovery matters, including under cyber/data privacy, political risk, and CGL lines of coverages, including representation in a federal court lawsuit against Certain Underwriters at Lloyd’s for business interruption losses incurred in Nepal under a political risk insurance policy resulting in substantial recovery.
- Obtained significant first- and third-party recoveries under RWI policies for losses arising from private equity sponsored transactions.
- Obtained precedent-setting decision regarding D&O defense costs allocation for one of the largest providers of short-term and long-term health care services in the U.S., in insurance recovery litigation for multi-million-dollar losses incurred in underlying New York litigation.
- Represented real estate investment company in insurance recovery litigation under run-off and go-forward D&O policies for losses incurred in underlying litigation relating to international real estate development project.
- Represented chemical manufacturing company in post-merger litigation in the Delaware Court of Chancery.
- Represented Fortune 50 company in defense of false claims act litigation relating to sales and use tax.
- Won motion to dismiss for the world’s largest equipment rental company in a putative nationwide class action alleging consumer fraud claims.
Events
- Moderator, "PFAS, Plastics, and Other Long-Tail Liabilities – Navigating Emerging Coverage Risks," McGuireWoods Risk Management Forum, May 1, 2025
- Speaker, "The Appraisal Clause: Why to Include It and How to Enforce It," 2025 ABA Insurance Coverage Litigation Seminar, March 7, 2025
- Speaker, Maximizing Insurance Protection from Security and Financial Threats, October 26, 2023
- Speaker, Commencing an Arbitration – Practical Insight into the Initiation of an International Arbitration Proceeding, October 2, 2023
- Speaker, Emerging Insurance Recovery Issues One Year Into COVID-19, July 15, 2021
- Speaker, How to Mitigate Business Risk in a Post-2020 World, April 28, 2021
Insights
- Author, Fifth Circuit Issues Pro-Policyholder Ruling that ADR Proceeding Triggered Insurer’s Duty to Defend and Indemnify, Pro Policyholder, November 12, 2025
- Author, The Archdiocese Resurrects Faith in the New York Court System: New York Supreme Court Issues Another Decision Allowing a New York Policyholder to Seek Damages for Bad-Faith Claim Handling, Pro Policyholder, June 16, 2025
- Author, SEC Cybersecurity Reporting Requirements: What Public Companies Need to Know to Avoid Insurance Coverage Gaps, Pro Policyholder, January 13, 2025
- Author, In Xerox Case, New York Appellate Court Sets Pro-Policyholder Precedent, Adopts Narrow “Arising From” Exclusions, Pro Policyholder, January 10, 2025
- Author, Healthcare Providers May Get D&O Coverage for False Claims Act Defense Costs, Says New York Federal Court, ProPolicyholder, December 9, 2024
- Author, Tips to Maximize Insurance Recoveries for Hurricane Helene Property Damage and Business Interruption Losses, Pro Policyholder, September 30, 2024
- Author, Financial Institutions and Bank Directors and Officers in the Crosshairs – Are Their Insurance Policies Really Primed and Ready?, Pro Policyholder, March 17, 2023
- Author, Ohio Supreme Court: Insurance Policy Does Not Cover Ransomware Attack on Software, Pro Policyholder, January 12, 2023
- Author, N.C. Supreme Court Provides Guidance on Maximizing Insurance Coverage for Long-Tail Claims, Pro Policyholder, January 9, 2023
- Author, Russia and the Insurance Angle — Tapping Political Risk and Other Insurance Coverages, McGuireWoods Legal Alert, March 18, 2022
- Author, Beyond the Eight Corners: Determining Whether a Liability Insurer’s Duty to Defend Is Triggered, McGuireWoods Legal Alert, March 1, 2022
- Author, "Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy," Energy Law Exchange, March 2019
- Author, "Litigating Product Liability Claims With Foreign Entities," Claims Magazine, June 1, 2018
- Author, "Crisis Management & Incident Response: Using Insurance as a Loss Mitigation & Business Resiliency Tool," American College of Coverage & Extracontractual Counsel Symposium, October 2017
- Author, "Board Governance Must Include Cyber Security Risk Management & Insurance Strategy," Financier Worldwide, February 2016
- Author, "Navigating the Changing Landscape of Commercial Insurance," Aspatore Thought Leadership, Insurance Law, Thompson Reuters/Aspatore, 2015
- Author, "Keep Your Eye on Exclusions When Buying Cyberinsurance," Law360, July 16, 2015
- Author, "#Insurance Coverage for Emerging Social Media Risks," Corporate Counsel Section of the State Bar of Texas Newsletter, 2014
- Author, "Avoid the ‘Insolvency Exclusion’ Trap in E&O Policies," The Journal of Bankruptcy Law, November/December 2014
- Selected for inclusion, Best Lawyers: Ones to Watch, Commercial Litigation, 2021-2025; Insurance Law, 2024, 2025
- Selected for inclusion in “Legal 500 United States,” Insurance: Advice to Policyholders, 2023, 2024, 2025