Attorneys

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

He served as one of the 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 investors against the former Chief Executive Officer of Clarent.

Recently, Mr. Nicholas served as lead counsel on behalf of prominent mutual funds, hedge funds and a public pension fund in an opt-out securities fraud against Tyco International, which was resolved for $100 million. This opt-out recovery represented a significant multiplier over the recovery in a related securities class action. Mr. Nicholas also served as one of the principal attorneys 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 International Rectifier Corporation Securities Litigation, resolved for $90 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.

In the 2010 edition of The Best Lawyers in America, Mr. Nicholas was named "Best Lawyer" in commercial litigation. Mr. Nicholas was also recently honored with the selection by Lawdragon magazine as one of the "Top 100 Securities Litigators You Need to Know," and one of the San Diego Super Lawyers. Mr. Nicholas was also recognized 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's January 2007 issue, as being among the "Top 20 Under 40" attorneys in California, "rack[ing] up a string of multi-million dollar victories for investors."

Mr. Nicholas has presented at institutional investor conferences throughout the United States and has written articles relating to the application of the federal and state securities laws, including the articles “Credit Rating Agencies: Out of Control and in Need of Reform,” Securities Litigation & Regulation Reporter (June 30, 2009) (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); and "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, Litigation Section of the State Bar of California, and the San Diego County Bar Association.