Barclay Richard Nicholson

Partner
Norton Rose Fulbright US LLP

Houston
United States
T:+1 713 651 3662
Houston
United States
T:+1 713 651 3662
Barclay Richard Nicholson

Barclay Richard Nicholson

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Biography

Barclay Nicholson offers clients in-depth knowledge and experience in energy-related, construction and business disputes.  As a partner in the Houston office, Barclay has represented a broad range of clients from among the largest of the Fortune 500 Companies to entrepreneurial business owners. He has significant experience in handling energy related litigation and has represented some of the world's major oil and gas producing and refining companies as well as some of the nation's biggest drilling and E&P companies.  Barclay also has extensive experience in construction related disputes and has represented some of the largest construction companies in the nation. Chambers USA, America's Leading Lawyers for Business, noted Barclay for his litigation practice describing him as, "absolutely wonderful," " a very, very strong lawyer," "knowledgeable, responsive and accessible," "intelligent and good natured."

Within the area of energy litigation, Barclay is known for his legal expertise related to hydraulic fracturing.  He has authored numerous articles and given speeches both across the nation and internationally on all aspects of unconventional oil and gas plays.  Barclay is the author of the "Analysis of Litigation Involving Shale & Hydraulic Fracturing" which details all of the litigation across the country involving shale plays. Barclay is the editor and author of the ABA's Book, "The Shale Energy Revolution: A Lawyer's Guide."  He is also the editor and author of the Shale Gas Handbook and serves as the editor of www.frackingblog.com, a blog devoted to pressing legal issues in hydraulic fracturing.

Barclay has assisted clients in all of North America's major shale plays.  Internationally, Barclay has been chosen to assist the US State Department Bureau of Energy and the US Department of Commerce, through its Commercial Law Development Program, in advising the Countries of China, India, Iceland, Vietnam, Colombia, Chile, and Afghanistan on their unconventional and shale oil and gas resources and the regulatory and legal matters associated with those resources. 

Most recently Barclay served on: the US/China Unconventional Oil & Gas Sustainable Development Workshop in Beijing, China, the Oil and Gas Sector Regulation and Long-Term Management in the Artic Conference in Reykjavik, Iceland, the Regional Unconventional Gas Technical Workshop in Hanoi, Vietnam, the US/Mongolia Unconventional Oil & Gas Workshop in Ulanbator, Mongolia,  the US/Afghanistan Cooperation on Extractive Industries Development Program that took place in Doha, Qatar, the US/Colombia Cooperation on Coal Bed Methane Extraction and Unconventional Resources in Bogota, Colombia, the US/India Cooperation on Unconventional Natural Gas Consultations in New Delhi, India and the US/Chile Consultations on Unconventional Natural Gas in Santiago, Chile.        

In construction related litigation, Barclay has represented some of the nation's largest construction companies.  He has routinely represented construction owners as well as general contractors and design professionals in construction defect and construction delay cases.  Barclay has dealt with construction related litigation ranging from multi-story residential high rise buildings, to pipeline construction cases, to large scale commercial buildings.

Barclay also recently served as Chair of the Houston Bar Association's Litigation Section, which has more than 1,200 members.

Barclay has handled commercial cases that involve amounts exceeding one billion dollars. He has represented clients in numerous proceedings both in the United States (in federal and state courts) and abroad (in the LCIA, ICC, UNCITRAL and ICDR). Additionally, he has represented clients before various administrative and congressional oversight boards.

Previously, Barclay served as Briefing Attorney for Justice Alberto Gonzales of the Texas Supreme Court, who later served as the United States Attorney General. He also served as Briefing Clerk for Chief Justice Thomas R. Phillips of the Texas Supreme Court.


Professional experience

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JD, magna cum laude, University of Houston, 1999
BA, with honors, The University of Texas, 1995

While in law school Barclay was Associate Editor of the Houston Law Review. He was also selected to be a member of the Order of the Coif and is also a member of the Order of the Barons. He is licensed to practice law in the State of Texas, the State of New York, the State of Colorado, and in the United States District Courts for the Southern, Northern, Western and Eastern Districts of Texas, and for Eastern and Western Districts of Arkansas, as well as the Fifth Circuit Court of Appeals.

  • Colorado State Bar
  • New York State Bar
  • Texas State Bar

Recent, significant litigation and arbitration activities include:

Energy Related Representations include:

  • Lead trial counsel in class action litigation involving environmental concerns related to unconventional oil and gas drilling operations
  • Lead trial counsel in crude oil take-or-pay trading suit for Canadian based, international oil and gas company
  • Lead trial counsel in crude by rail train derailment for US based crude by rail transportation company 
  • Lead trial counsel in litigation arising from multiple oil & gas leases and related service contracts
  • Counseled companies regarding the disclosure of hydraulic fracturing fluids
  • Lead trial counsel in dispute regarding Joint Operating Agreement between oil and gas operators
  • Lead trial counsel in lawsuits involving claims of groundwater contamination due to hydraulic fracturing operations
  • Lead trial counsel for major oil and gas drilling company in dispute regarding drilling operations
  • Lead arbitration counsel for British LNG provider in commercial dispute concerning multiple multinational JOA and PSA contracts pending before LCIA
  • Lead arbitration counsel for major oil producer in ICC arbitration involving a failed merger
  • Trial counsel in Trial court and Fifth Circuit Court of Appeals for multi-national oil and gas company in $266 billion False Claims Act suit
  • Arbitration counsel for Canadian oil and gas company in ICC arbitration dispute concerning West African offshore oil fields
  • Arbitration counsel for major multinational producer and refiner in dispute with government over offshore oil rights
  • Lead arbitration counsel for multinational oil producer and refiner over government related claims in ICC arbitration
  • Lead trial counsel for International gas company in multiple take-or-pay contract disputes
  • Lead trial counsel for regional drilling and exploration company in well damage case in Texas State Court
  • Lead trial counsel for local oil and gas exploration company regarding a deceptive trade practices action pending in Federal Court in Houston


Commercial Litigation Representations include:

  • Lead trial counsel for national newspaper in complex breach of contract and breach of fiduciary duty case in state court
  • Lead trial counsel for small manufacturing business owner in a state court dispute regarding a buy-sell agreement
  • Lead trial counsel for crude by rail operator relating to contract dispute for rail terminals and railcar leases
  • Lead attorney for oil field equipment manufacturer in contractual business dispute regarding a buy-out agreement
  • Lead trial counsel for International law firm in a malpractice action
  • Lead trial counsel for major media company in a wrongful death case
  • Lead trial counsel for premises owner in a suit that involved catastrophic personal injury
  • Prosecuted over 20 lawsuits on behalf of the City of Houston, as first chair attorney


Construction Related Representations include:

  • Trial counsel for public entity involving alleged damage to surround buildings leading to high rise tower settlement and tilt in San Francisco, California
  • Lead trial counsel for general contractor of a $2 billion dollar construction project of multiple high rise condo towers in Las Vegas involving construction defects
  • Lead trial counsel in defense of general contractor related to multi-story condo tower project in Miami
  • Lead trial counsel in defense of general contractor related to development of large master planned community in Florida
  • Lead trial counsel for general contractor related to $1 billion dollar industrial complex in Denver
  • Lead trial counsel for general contractor on school building construction alleging construction defect claims in Texas
  • Lead trial counsel for general contractor of multi-story commercial building in Santa Monica involving construction defects
  • Trial counsel for publicly traded mid-stream company related to construction delays of a multi-state pipeline project  
  • Lead trail counsel for one of the world's largest oil and gas companies in construction dispute involving multinational EPC contract
  • Lead arbitration counsel for regional pipeline company in AAA arbitration involving construction delay dispute
  • Trial counsel for national manufacturing company in bench trial in South Texas that resulted in a take nothing judgment and recovery on counter-claim


Intellectual Property Representations include:

  • Trial counsel for Fortune 500 Energy Company in a week long complex patent infringement jury trial in Federal Court for the Eastern District of Texas
  • Lead trial counsel for major media company as defendant in TV related technology matter in Federal Court for the Eastern District of Texas
  • Trial counsel for International consumer electronics company in patent case involving MP3 players in Federal Court in Southern District of Texas
  • Trial counsel for International medical device manufacturing company in patent case involving surgical devices in Federal Court for the Eastern District of Texas


First Party Insurance and Bad-Faith Representations include:

  • Trial counsel for Fortune 500 Insurance Company in coverage and bad-faith lawsuits in state and federal court with exposure totaling over $250 million
  • Trial counsel for one of the world's leading insurance companies in a bad-faith trial lasting over four weeks in Jefferson Parrish, State Court in Louisiana
  • Trial counsel for multinational insurance company against bad-faith claims brought in Federal Court in Missouri
  • Trial counsel for International insurance carrier in first party litigation case involving bad-faith claims arising out of excess insurance policy
  • Trial counsel for National insurance company in appeal involving contractual dispute between companies which resulted widely cited published court of appeals decision
  • Trial counsel for National insurance company in case of first impression that involved bad-faith; case was won at summary judgment and subsequently upheld at appellate level and published opinion has become widely cited as precedent
  • Chambers USA, Texas: Insurance, Chambers & Partners, 2011 - 2016
  • Best Lawyers in America, Best Lawyers, 2018 - 2020
  • Texas Super Lawyer, Thomson Reuters, 2015 - 2019
  • Texas Rising Star, Thomson Reuters, 2005 - 2010, 2013
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2013 - 2017
  • Houston's Top Lawyers of 2014, H Texas Magazine, 2014
  • The Irish Legal 100, Irish Voice, 2014 - 2018
  • Who's Who in Energy Finalist, Houston Business Journal, 2013 
  • Top Lawyers in Houston, H Texas Magazine, 2013, 2014
  • Houston's Top Lawyers, H Texas Magazine, 2006 - 2009
  • AV Rated Lawyer, LexisNexis Martindale-Hubbell
  • Lawyer on the Fast Track, Commercial Litigation, H Texas Magazine, 2004 - 2006
  • Who's Who in America, Marquis, 2012 - 2017

Barclay has authored a number of articles on hydraulic fracturing litigation. He has also authored articles on other topics including: breach of contract damage issues, construction litigation issues, insurance coverage disputes, insurance bad faith and causation issues and international arbitration case studies. Barclay also has authored several articles for in-house legal departments.  He routinely blogs on energy related issues at www.frackingblog.com.  He also serves on the editorial board for both the Energy Law Report published by LexisNexis and the Oil & Gas E-Report published by the Institute for Energy Law.

Other publications include:

Barclay has given speeches on various topics at seminars and conventions as well as in the continuing legal education setting. Barclay has also given in-house presentations to oil and gas companies, construction companies and insurance companies in Houston, New York, London and Chicago on a number of topics including electronic discovery and attorney-client privilege issues in major companies.

Barclay happily serves as a Wish Grantor for the Make-A-Wish Foundation. In this capacity he tries to help pool resources to grant special requests or "wishes" to children with life threatening illnesses. Also, he is active with the Hobby Center and its Broadway Across America series and with Houston's Theatre Under the Stars. Barclay also serves on the firm's pro bono committee and leads the firm's participation in the Houston Bar Association's Veterans Clinic.  During these monthly clinics, held at the Houston VA Hospital, lawyers assist veterans with various legal issues on a pro bono basis. Because of these, and other efforts, for the last 14 consecutive years, Fulbright has been chosen as the Outstanding Large Firm Contribution to the Houston Volunteer Lawyers Program. Barclay is also a member of the Rotary Club of West U and is a Paul Harris Fellow.  Barclay also serves as a member of the University of Texas Forty Acres Society, a group dedicated to giving four-year, full-ride merit based scholarships to the University of Texas.