Attorneys

r. Nicholas has successfully represented private and public institutional investors in high-profile actions involving federal and state securities laws, accountants' liability, and corporate governance matters.

Mr. Nicholas leads BLB&G's Direct Action practice group and has successfully resolved direct actions on behalf of some of the largest mutual funds, investment advisors, public pension plans, insurance companies and hedge funds in North America and Europe.  Most recently, Mr. Nicholas represented seventeen prominent institutional investors, including many of the largest institutional investors in the world, in a direct action that was successfully resolved against Countrywide, certain of its former executive officers, and KPMG LLP.  Mr. Nicholas also served as lead counsel on behalf of prominent mutual funds, hedge funds and a public pension fund in a direct action against Tyco International and certain of its former officers, which was successfully resolved for over $105 million and represented a significant multiplier over the recovery in the securities class action. He also recently served as lead counsel to prominent mutual funds in direct actions against Marsh & McLennan and Qwest Communications, which were also resolved for significant multipliers over the class action recovery.

Mr. Nicholas has also prosecuted some of the most high-profile securities actions in the country and has recovered billions of dollars on behalf of defrauded investors. Most recently, Mr. Nicholas was named one of the "2010 Attorneys of the Year" by The Recorder, California's premier legal daily publication, for his impressive legal achievements and "blockbuster" cases that were resolved favorably for investors in 2010.  According to The Recorder, "this year's winners are marked by their perseverance - whether fighting long odds, persuading courts to reconsider their own rulings, or getting great trial results in high-profile, high-pressure situations."  Mr. Nicholas was specifically recognized for his successful prosecution of In re Maxim Integrated Products Inc. Securities Litigation, which settled for $173 million in cash - the largest backdating settlement in the Ninth Circuit; and In re International Rectifier Corp. Securities Litigation, which settled for $90 million in cash.  He has also served as one of the lead counsel responsible for prosecuting In re Williams Securities Litigation, resolved for $311 million; In re Informix Securities Litigation, resolved for $142 million; In re Gemstar Securities Litigation, resolved for $92.5 million; In re Legato Systems Securities Litigation, resolved for $85 million; In re Network Associates Securities Litigation, resolved for $70 million; and In re Finova Group Securities Litigation, resolved for $42 million.   Mr. Nicholas also served as co-lead trial counsel in In re Clarent Corporation Securities Litigation, a securities fraud class action prosecuted before the Federal District Court for the Northern District of California. After a four-week jury trial, in which Mr. Nicholas delivered the closing argument, the jury returned a securities fraud verdict in favor of the shareholders against the former Chief Executive Officer of Clarent.

In addition to recent recognition by The Recorder, Mr. Nicholas is widely recognized by other publications for his professional excellence and achievements. Benchmark Litigation - The Definitive Guide to America's Leading Litigation Firms & Attorneys recently named Mr. Nicholas a "Litigation Star" in Securities, The Best Lawyers in America guide ranks Mr. Nicholas as a leading lawyer in commercial litigation, and he has been consistently selected as a San Diego SuperLawyer.  Lawdragon magazine has named him one of the "100 Securities Litigators You Need to Know," one of the "500 Leading Lawyers in America," and one of America's top 500 "rising stars" in the legal profession.  Mr. Nicholas was featured by The American Lawyer as one of its "Fab Fifty Young Litigators" -- one of the top 50 litigators in the country, who have "made their marks already and whom [they] expect to see leading the field for years to come." He was also honored in the Daily Journal for "rack[ing] up a string of multi-million dollar victories for investors."

Mr. Nicholas frequently lectures at institutional investor and continuing legal educational conferences throughout the United States and has written articles relating to the application of the federal and state securities laws, including:

• "Regulations Needed for Healthy Market," The Recorder (March 2011)
• "Why Institutional Investors Opt-Out of Securities Fraud Class Actions and Pursue Direct Individual Actions," PLI Securities Litigation and Enforcement Institute (July 2009) (co-author)
• "Credit Rating Agencies: Out of Control and in Need of Reform," Securities Litigation & Regulation Reporter (June 30, 2009) (co-author)
• "Ruling Warns Funds to Follow Class Actions," Pensions & Investments (December 2008) (co-author)
• "South Ferry: Applying Tellabs, 9th Circuit Lowers The Bar for Pleading Scienter Under the PSLRA," Securities Litigation & Regulation Reporter (October 2008)
• "The 7th Circuit Sends a Strong Message: Institutions Must Monitor Securities Class Actions Claims," The NAPPA Report (August 2008)
• "Industry-Wide Collapse Defense Falls Flat in Recent Subprime-Related Securities Fraud Decisions," Securities Litigation & Regulation Reporter (July 2008) (co-author)
• "Auditor Liability: Institutional Investors Pursue Opt-Out Actions To Maximize Recovery of Securities Fraud Losses," Securities Litigation and Enforcement Institute (PLI 2007) (co-author)
• "Reforming the Reform Act and Restoring Investor Confidence in the Securities Markets," Securities Reform Act Litigation Reporter (July 2002)

Mr. Nicholas served as Vice President on the Executive Committee of the San Diego Chapter of the Federal Bar Association and is an active member of the Association of Business Trial Lawyers of San Diego, Consumer Attorneys of California, Litigation Section of the State Bar of California, and the San Diego County Bar Association.