Nicholas A. Sarokhanian

Trade Secret and Non-Compete Litigation

• Representing a leading real estate brokerage company in Texas federal court in trade secret and restrictive covenant litigation against several former sales managers and a competing real estate brokerage
• Represented a leading, publicly traded real estate brokerage company, several of its subsidiaries, and members of its board of directors in significant, multijurisdictional litigation (state courts in New York, California, Minnesota, New Jersey and Florida) against competing real estate brokerage group involving the competitor's coordinated, nationwide scheme to poach top real estate agents and employees and interfere with clients' restrictive covenant agreements, exclusive listing agreements for properties, and misappropriate clients' trade secret and confidential information; the matters were settled on confidential terms
• Prevailed – by obtaining preliminary injunction upheld in a unanimous, published opinion– for a leading real estate brokerage company in Texas federal court litigation enforcing restrictive covenants against former executive who left for direct competitor; the matter was ultimately resolved via an agreed permanent injunction against the former employee and on other confidential terms
• Prevailed – by obtaining preliminary injunction upheld on appeal – for a major title and escrow services company in Texas state court in trade secret and restrictive covenant litigation; the matter was ultimately resolved on confidential terms
• Prevailed – by obtaining preliminary injunction – on behalf of a major private equity-owned building products distributor, in multijurisdictional (Illinois federal court, Colorado state court and Texas state court), high-stakes trade secrets and antitrust litigation and obtained preliminary injunction against a group of former executives and salespeople; the matter was resolved on terms favorable to client
• Represented a financial technology (FinTech) client in Texas state court and obtained preliminary injunction in trade secrets and restrictive covenant litigation against a founder who defected for a direct competitor and took sensitive trade secret information from client; the matter was resolved via an agreed permanent injunction and other confidential terms
• Represented a major wholesale insurance broker in multijurisdictional trade secret and restrictive covenant litigation and obtained preliminary injunction against a group of former brokers who defected for directly competing brokerage; the matter was resolved via confidential terms
• Represented a leading real estate brokerage company in New York federal court litigation involving antitrust and unfair competition allegations
• Represented a leading school yearbook publisher in American Arbitration Association (AAA) arbitration in Minnesota to enforce restrictive covenants against former sales representative and recover commissions
• Represented a private equity-backed oil and gas services company in matters to enforce restrictive covenants against former executives and employees
• Represented an executive of an intraoperative neuromonitoring company in non-compete litigation in Texas state court; the matter was resolved via confidential terms

Asset Recovery, Distressed Company and Insolvency Litigation

• Represented foreign representative of a Norwegian corporate debtor in Chapter 15 proceedings in U.S. Bankruptcy Court for the Southern District of New York, involving the first known Chapter 15 recognition of an insolvency proceeding in Norway and a $40 million clawback and $400 million-plus tort litigation against two major private equity funds, and took trial testimony of former board members and executives in Oslo District Court
• Prevailed at trial in the U.S. Bankruptcy Court for the Northern District of Texas on behalf of a creditor client in litigation involving the revocation of a discharge wrongfully obtained by debtor's complex fraudulent scheme and layered alter egos, reviving multimillion-dollar judgment held by client
• Prevailed at trial in Texas state court for a major national bank in litigation involving allegations of fraudulent transfers following Article 9 sale to third party
• Represented a major international bank in U.S. Bankruptcy Court for the Eastern District of Texas in litigation to recover real estate pledged as collateral to multimillion-dollar commercial loan and to enforce guaranty of the loan; the matter was resolved on confidential terms
• Represented a major national bank in Texas federal court litigation to enforce guaranties of credit facility involving a failed auto dealership; the matter was resolved on confidential terms
• Represented a major national bank in Texas federal court and state court in litigation to enforce guaranties of $26 million commercial real estate loan; the matter was resolved on confidential terms
• Secured summary judgment awarding full recovery for a creditor client on pledged accounts receivable in Mississippi federal court

Financial Services Litigation

• Represented a major national bank in Texas federal and state courts in Fair Credit Reporting Act (FCRA) and defamation litigation, and obtained summary judgment upheld on appeal
• Represented a major international bank and its subsidiaries in Texas federal and state courts in mortgage and Real Estate Settlement Procedures Act (RESPA) litigation, securing dismissals of multiple lawsuits brought by borrowers
• Represented a major Wall Street brokerage in Texas federal court in mortgage litigation, securing dismissal of lawsuit brought by a borrower
• Represented a major broker dealer in FINRA arbitration
• Prevailed at trial in Texas state court for a loan servicer client in a breach of contract lawsuit involving indemnification obligations
• Prevailed – on summary judgment upheld on appeal – on behalf of a state bank in Texas state court litigation brought by a competing bank involving loan participation agreements

Other Business Litigation

• Representing a major international footwear company in Texas federal court litigation involving alleged breaches of contractual rights of first refusal
• Prevailed on appeal – in a published opinion from the U.S. Court of Appeals for the Fourth Circuit– on behalf of a major tire manufacturer, affirming summary judgment on employee's Title VII claims
• Represented a major international food company in Texas state court litigation against neighboring landowners for lost profits resulting from landowners' negligent burning of forest and impact on a client's bottled water factory
• Prevailed – via early dismissal under Texas' anti-SLAPP statute – of widely reported defamation suit against a prominent talk-show host and related media company
• Prevailed at jury trial in Texas state court for a major, publicly traded hospital group, in a lawsuit over the purchase of a unique alcohol and drug treatment hospital, as well as allegations of breach of contract, fraud and illegal wiretapping
• Represented a significant behavioral management company in a confidential American Health Lawyers Association (AHLA) arbitration over the termination of a multiyear services agreement
• Represented a major optical products manufacturer in Telephone Consumer Protection Act (TCPA) class action in Illinois federal court
• Represented home healthcare agencies in franchise litigation in Florida state court and American Arbitration Association (AAA) arbitration in Georgia relating to Medicare certification and other breaches of contract
• Represented a physicians and medical device company in patent ownership litigation in Texas federal court
• Helped secure favorable jury verdict for a national retail electric provider in a Texas federal court jury trial and separate Texas state court jury trial
• Represented a major outdoor equipment manufacturer in a personal injury lawsuit in federal court; the matter resolved on confidential terms
• Represented a publicly traded oil and gas company, an independent Texas exploration and production (E&P) company, in a lawsuit against a contractor over excessive delays in completing a pipeline in the Gulf of Mexico; the matter resolved on confidential terms
• Defended a major oil and gas company in a lawsuit over unpaid joint interest billings and other Council of Petroleum Accountants Societies (COPAS) accounting issues; the matter resolved on confidential terms
• Represented a major insurance company in dispute involving commercial lease of a data center, and resolved the matter favorably at pre-suit mediation
• Represented a commercial real estate developer in Texas state court litigation against a major tenant for breach of long-term lease; the matter resolved on confidential terms

Healthcare Litigation and Other Life Sciences Matters

• Represented major medical device manufacturers against allegations of defective design and manufacturing defects in state and federal courts across the United States
• Represented, as core member of national counsel team, a specialty pharmaceutical manufacturer in thousands of lawsuits across the country and in lawsuits consolidated in federal and state multidistrict litigation (MDL)
• Represented major pharmaceutical companies in product liability class actions and multidistrict litigations (MDLs)
• Represented a major insurance company in fraud, waste and abuse litigation against providers in Texas federal court and in American Arbitration Association (AAA) arbitrations
• Represented a major managed care organization in AAA arbitration involving recoupment of reimbursements
• Defended a board-certified pediatric anesthesiologist against criminal and civil allegations of running a "pill mill" brought by the U.S. Attorney's Office

* These matters occurred prior to joining Barnes & Thornburg.

• Dallas Bar Association, Tort & Insurance Practice Section, “The Other Epidemic – The Parties, The Claims, And The Insurance Policies Involved In The Opioid Litigation,” Nov. 3, 2020
• Dallas Association of Young Lawyers, Attorneys for Career Enhancement Committee, “Seeing the Forest and the Trees,” May 2015
• Dallas Association of Young Lawyers, Judiciary Committee, “Dinner with the Judiciary,” 2014

• The Texas Lawbook, “Fifth Circuit Approves ‘Snap Removals’ of Diversity Cases by Non-Forum Defendants,” April 21, 2020
• Law360, “D Magazine Ruling Sheds Light On Texas Anti-SLAPP Statute,” April 11, 2017
• Headnotes, “Using Out of Court 'Tweets' at Trial,” Sept. 22, 2016
• Dicta, “Civility and Chesterton: What a Cigar-Chomping, Three Hundred Pound English Writer Can Teach Young Dallas Lawyers,” July 2015
• Texas Bar Journal, “Fighting Back: The Dallas Bar Equips Today's Young Lawyers for the Future's Civil Jury Trials,” March 2015
• Dicta, “Dinner with the Judiciary: A Rousing Success,” Nov. 2014
• Corporate Counsel, “When They Leave You in the Lurch: A Better Way to Stop an Employee Who Quits and Takes Company Data,” Nov. 1, 2014
• Emergency Economic Stabilization Act Handbook, “OMB and CBO Reports,” 2009
• European Union Relations: Dilemmas, Opportunities and Constraints, “Fulfilling the Copenhagen Political Criteria: A Comparison between Turkey, Bulgaria, and Romania, Turkey,” 2008