Marjorie C. Nicol Of Counsel

     

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Marjorie Nicol represents clients in high-profile commercial, insurance and other matters on a national and international scale, typically involving multimillion-dollar stakes. Over her more than 25-year career, Marjorie has provided clients with innovative and timely strategic counsel to help them make better-informed decisions, resolve complex legal challenges and achieve specific business goals. 

Marjorie has a particular talent for writing, persuading through clear and concise explanations of difficult legal issues and complicated factual scenarios. She also enjoys high praise for her ability to resolve cases quickly through early mediations and dispositive motions. 

Marjorie began her legal career as a clerk for The Honorable John Cornyn III, Supreme Court of Texas, 1992 −1993 (current Senior U.S. Senator from Texas).

Areas of Focus

Appellate
Building on her early work as a law clerk with the Texas Supreme Court, Marjorie has honed her skills as an appellate lawyer, recently winning back-to-back appeals for insurers in the U.S. Court of Appeals for the Fifth Circuit. 

Commercial Litigation
Marjorie has a wealth of experience in the commercial litigation arena. Her representation has focused mainly on the oil and gas industry with significant work in international arbitrations.

Complex Tort & General Casualty
Marjorie has represented a number of product manufacturers during her career, which included defending against class actions and other multiple-plaintiff cases. Marjorie has also defended employers in discrimination and sexual harassment cases as well as wage-and-hour class actions.  

Insurance & Reinsurance Coverage
Marjorie serves as coverage and litigation counsel to primary, excess and umbrella insurers domestically and in the London market on matters arising out of property, general liability, professional liability, builders’ risk, employment practices and marine policies, to name a few. Her coverage practice runs the gamut from preparing coverage opinions, drafting denials and reservations of rights, seeking declaratory relief and defending insurers against claims of bad faith. 

Representative Matters

Won U.S. Fifth Circuit appeals on behalf of insurers in coverage cases regarding the proper calculation of a deductible and the trigger for the duty to defend. 

Successfully first-chaired week-long international arbitration on behalf of a Turkish oil company, resulting in the return of millions of dollars’ worth of oil field equipment in Azerbaijan from a multinational oil and gas company.

Successfully second-chaired four-week jury trial arising out of multimillion-dollar contract to develop Native American casinos in California. 

Successfully represented excess insurers in cases arising out of catastrophic Canadian train derailment and Bastrop, Texas, wildfire. 

Successfully defended internet service provider in Federal Trade Commission investigation for alleged telephone “slamming.” 

Successfully defended international and domestic target defendants in a toxic tort case involving more than 4,000 plaintiffs and 40+ defendants for more than three years, culminating in numerous multimillion-dollar settlements. 

Successfully defended product manufacturers in class actions arising out of breast implants, tobacco and plastic pipe. 

Member of team representing the Government of Turkmenistan in multibillion-dollar international energy arbitrations.