People: Nicholas Grimmer, Associate

Photo of Nicholas Grimmer, Associate

Nicholas Grimmer

Associate

Houston
Direct: (713) 238-1818
0

Nick Grimmer is an associate in the Commercial Litigation Department in the Houston office of Seyfarth Shaw LLP.  His practice focuses on high-stakes commercial litigation matters, including contract disputes, trade secrets and non-competes, business torts, and antitrust issues.  He is highly effective at learning and understanding his clients’ businesses, needs, and goals, developing and communicating innovative and successful legal strategies and advice, crafting persuasive argument, and delivering results.

Representing both plaintiffs and defendants, Mr. Grimmer’s representations span a wide range of industries, including healthcare, energy, transportation, internet services, pharmaceuticals, government relations, construction, consulting, auto parts, alcohol, retail, and manufacturing.  Mr. Grimmer has significant first-chair experience in trial, appeals, alternative dispute resolution, and administrative matters.

Mr. Grimmer’s litigation and arbitration experience includes significant representations and victories before the Supreme Court of the United States, the Fifth Circuit Court of Appeals, federal district courts, the Supreme Court of Texas, Texas trial and appellate courts, and arbitration panels.  Mr. Grimmer also has substantial experience in Freedom of Information Act proceedings.  His antitrust practice includes compliance counseling and advising on mergers, acquisitions, joint ventures, distribution, and other transactions, as well as representing clients in litigation and before enforcement agencies.

Mr. Grimmer clerked for the Honorable Leslie Brock Yates of the 14th Court of Appeals during law school where he received his J.D., magna cum laude. Mr. Grimmer has been recognized for his commitment to pro bono work and in 2013, he received an AmLaw 100 firm’s Award for Outstanding Achievement and Commitment to Pro Bono and Service to the Community.  Recently, he first-chaired a federal civil rights jury trial on behalf of an abused prisoner; the jury’s unanimous verdict marked his opposing counsel’s first and only defeat in over 100 trials.  Mr. Grimmer also led teams of lawyers to victory in two recent Fifth Circuit appeals involving complex constitutional, statutory, and regulatory issues of first impression.  He was also instrumental in drafting a Supreme Court amicus curiae brief in Fisher v. University of Texas on behalf of the Family of Heman Sweatt, which the National Law Journal praised as “one of the most powerful briefs on either side.”

Outside of practicing law, Mr. Grimmer devotes his time to raising money for charities with Backspace, a Houston “band of lawyers” in which he sings and plays lead guitar and drums.  He is also an avid golfer and skier.

Nick Grimmer is an associate in the Commercial Litigation Department in the Houston office of Seyfarth Shaw LLP.  His practice focuses on high-stakes commercial litigation matters, including contract disputes, trade secrets and non-competes, business torts, and antitrust issues.  He is highly effective at learning and understanding his clients’ businesses, needs, and goals, developing and communicating innovative and successful legal strategies and advice, crafting persuasive argument, and delivering results.

Representing both plaintiffs and defendants, Mr. Grimmer’s representations span a wide range of industries, including healthcare, energy, transportation, internet services, pharmaceuticals, government relations, construction, consulting, auto parts, alcohol, retail, and manufacturing.  Mr. Grimmer has significant first-chair experience in trial, appeals, alternative dispute resolution, and administrative matters.

Mr. Grimmer’s litigation and arbitration experience includes significant representations and victories before the Supreme Court of the United States, the Fifth Circuit Court of Appeals, federal district courts, the Supreme Court of Texas, Texas trial and appellate courts, and arbitration panels.  Mr. Grimmer also has substantial experience in Freedom of Information Act proceedings.  His antitrust practice includes compliance counseling and advising on mergers, acquisitions, joint ventures, distribution, and other transactions, as well as representing clients in litigation and before enforcement agencies.

Mr. Grimmer clerked for the Honorable Leslie Brock Yates of the 14th Court of Appeals during law school where he received his J.D., magna cum laude. Mr. Grimmer has been recognized for his commitment to pro bono work and in 2013, he received an AmLaw 100 firm’s Award for Outstanding Achievement and Commitment to Pro Bono and Service to the Community.  Recently, he first-chaired a federal civil rights jury trial on behalf of an abused prisoner; the jury’s unanimous verdict marked his opposing counsel’s first and only defeat in over 100 trials.  Mr. Grimmer also led teams of lawyers to victory in two recent Fifth Circuit appeals involving complex constitutional, statutory, and regulatory issues of first impression.  He was also instrumental in drafting a Supreme Court amicus curiae brief in Fisher v. University of Texas on behalf of the Family of Heman Sweatt, which the National Law Journal praised as “one of the most powerful briefs on either side.”

Outside of practicing law, Mr. Grimmer devotes his time to raising money for charities with Backspace, a Houston “band of lawyers” in which he sings and plays lead guitar and drums.  He is also an avid golfer and skier.

Education

  • J.D., University of Houston Law Center, magna cum laude (2008)
    Editor, Houston Law Review
    Order of the Coif
    Order of the Barons
  • B.A., University of Texas at Dallas, magna cum laude (2003)
    Golf team
    Honors thesis: A Psychological Evaluation of the American Jury

Admissions

  • Texas

Courts

  • Fifth Circuit Court of Appeals
  • U.S. District Court for the Southern District of Texas

Affiliations

  • American Bar Association, Section of Antitrust Law
    • Co-Chair, Competition Torts Committee
    • Former Vice Chair, Transportation and Energy Industries Committee
    • Former Co-Chair, Technology Resources Task Force
    • Former Counsel to the Chair
    • Chair and/or moderator of numerous antitrust programs
  • Houston Bar Association, Antitrust and Trade Regulation Section
    • Chair, Treasurer and Council Member
    • Chair of numerous antitrust programs

Representative Engagements

Litigation
  • Achieved rare summary judgment victory in arbitration for railroad client, with the panel holding that multiple-well articulated cars count as a single car under a vintage trackage rights agreement
  • First-chair victory in consulting company’s resistance to health system’s disclosure of competitively-sensitive information requested under the Texas Public Information Act
  • Employed innovative strategies to achieve favorable buyout of member of healthcare-industry client in dispute involving non-compete agreement and trade secrets
  • Won significant reduction in fair market value lease payments in arbitration for commercial real estate client
  • Achieved favorable settlement on behalf of hospital system in a breach of contract suit by provider of medical services
  • Won arbitration award preventing termination of multibillion-dollar railroad transportation agreement and defeated plaintiff’s request for substantial rate increases, despite client’s admitted breaches
  • First-chair victory in an appeal to the Fifth Circuit Court of Appeals involving jurisdiction, statutory interpretation, and several issues of first impression 
  • First-chair victory in an appeal to the Fifth Circuit Court of Appeals involving regulatory interpretation and deference issues
  • Secured favorable settlement of complex multimillion-dollar tax-sharing agreement case in Texas state court for energy-industry client
  • Obtained favorable result in arbitration dispute between bus transportation companies
  • Secured favorable settlement of $150 million force majeure clause dispute in federal court for energy-industry client
  • Obtained partial dismissal in Florida federal court and successful settlement of multimillion-dollar antitrust claims against provider of travel-related internet services
  • Unanimous jury verdict in prisoner’s federal civil rights case, which marked opposing counsel’s first and only loss in over 100 trials
  • Certiorari briefing to the Supreme Court in a $200 million putative class action involving illegal exactions and separation-of-powers issues
  • Favorable settlement of antitrust and California Unfair Competition Act Claims against the leading provider of veterinary telemedicine services and their affiliated software company
  • Defended hospital against plaintiffs’ claim that the hospital’s limitation of their privileges and hiring of another group of doctors caused an unnecessary disruption of care
  • Defeated plaintiff’s assertion of personal jurisdiction over out-of-state defendant in claim for reimbursement of healthcare costs 
  • Representation of Japanese auto parts company in Department of Justice price-fixing investigation 
  • Amicus curia briefs to the Supreme Court in Fisher v. U.T. (involving consideration of race in college admissions) and Perez v. Mortgage Bankers Association (involving administrative deference); the National Law Journal praised the Fisher brief (one of 90+ amicus briefs in the case) as “one of the most powerful briefs on either side,” and a New York Times article urged the Justices to heed the brief
Counseling
  • Advised healthcare company regarding acceptable restraints and restrictions in financing agreements (including covenants not to compete and corporate practice of medicine issues)
  • Counseled healthcare company regarding potential acquisitions of physician groups, dealings with acquisition targets, and antitrust indemnification issues
  • Guided healthcare company around antitrust issues in collaboration amongst competing insurers
  • Advised NBA team and alcohol distribution company regarding collective action
  • Successfully defended  supplier of construction aggregates and heavy building materials in a multibillion-dollar acquisition before the Department of Justice
  • Developed antitrust compliance training program for Japanese auto parts manufacturer
  • Advised healthcare company regarding Copperweld (single entity) protection from antitrust liability in light of the parent’s requisite delay in obtaining full control over the subsidiary
  • Advised healthcare company regarding Copperweld protection in light complex ownership/control structure
  • Advised food companies and pharmaceutical company regarding price discrimination issues
  • Advised veterinary company regarding potential acquisitions, including large-scale market analysis
  • Advised German technology company regarding subsidiary liability
  • Advised anesthesia group on corporate governance issues
  • Advised component manufacturer regarding “aftermarket” antitrust claims
  • Advised health care company regarding opposition to consolidation of health systems 
  • Counseled financial services company regarding agency guidance

Presentations

  • Chair and moderator, “Joint Ventures: The Fundamentals,” ABA Section of Antitrust Law program, November 2014
  • Chair, “Class Certification, Damages, and Causation in a Post-Comcast v. Behrend World,” HBA Antitrust & Trade Regulation Section program, October 2014
  • Chair, ABA Section of Antitrust Law Spring Meeting program, “Mergers in Consolidated Industries: Too Late for Our Deal?,” March 2014
  • Presenter, Mock Trial, Antitrust Law & Economics Institute for Judges, October 2013, and ABA Section of Antitrust Law Spring Meeting, April 2013
  • Chair, “Antitrust and Competition Law in Mexico and Around the Globe,” HBA Antitrust & Trade Regulation Section program, October 2013
  • Moderator, “Representing Transportation & Energy Companies: How to Get There & What to Expect,” ABA Section of Antitrust Law program, July 2013
  • Chair and moderator, “If You Don’t Steal My Employees, I Won’t Steal Yours: The Antitrust Treatment of Non-Poaching and Non-Solicitation Agreements,” ABA Section of Antitrust Law program, June 2013
  • Chair, ABA Section of Antitrust Law Spring Meeting program, “Competitor Collaborations – U.S. and EU Joint Venture Law,” March 2013
  • Speaker, “Issues at the Intersection of Immigration and Human Rights Law,” Immigration and Human Rights Law Society of the University of Houston Law Center, March 2013
  • Speaker and materials author, “To be Quite Candid… Ethics Edition,” CLE Presentation to City of Houston Legal Department, March 2013
  • CLE presentation, “The Basics of Antitrust Law,” October 2009

Publications

  • Co-Author, “Trade Secrets in Texas: Is Adoption of the “Inevitable Disclosure” Doctrine…Inevitable?,” Texas Lawbook (July 12, 2016)
  • Editor, ABA Transportation Antitrust Handbook, Railroads chapter
  • Contributing author, 2013 International Comparative Legal Guide to Competition Litigation, U.S. Law chapter
  • Contributing author, “A Q&A Guide to Dispute Resolution in the United States,” Dispute Resolution, Practical Law Co. 2009-2010
  • Contributing editor, “Pricing Conduct: Horizontal, Vertical, and Unilateral,” American Bar Association Health Antitrust Handbook, 2009
  • Numerous short articles in ABA and other publications, including articles regarding The Foreign Trade Antitrust Improvements Act, the antitrust duty to deal, sham administrative petitions, antitrust treatment of non-poaching and non-solicitation agreements, FRAND rates for standard-essential patents, the filed-rate doctrine, the indirect purchaser rule, and Twombly pleading standards