Lawyers
Brian K. Nichols - Associate
I practice in the following areas:
Litigation
Practice
Before joining Modrall Sperling, Brian clerked for the Honorable Pamela B. Minzner of the New Mexico Supreme Court and the Honorable Fredrick J. Martone of the United States District Court for the District of Arizona.
Brian's practice is primarily litigation, with focuses on natural resources and Indian law. He also consults with businesses doing or considering commerce on the Navajo Nation.
Natural Resources and Indian Law
Brian has worked closely with two BHP Billiton subsidiaries, BHP Navajo Coal Company and San Juan Coal Company, in areas of federal compliance, contracts, employment and relationships with the Navajo Nation and individual Navajos. He has been involved in several areas of litigation, including employment, complex contracts, the priority of coal mining and MSHA related matters.
Related to natural gas, Brian has defended "company men" against personal injury claims. In the area of royalty payments, Brian has represented Vulcan Material Company in a lengthy dispute regarding the amount of royalties due to the Pala Band of Indians in California.
As a member of the Navajo Nation Bar, he has represented businesses in the courts and agencies of the Navajo Nation, particularly before the Navajo Nation Labor Commission, in the Nation's district courts and on appeal to the Navajo Nation Supreme Court. Common litigation matters include:
- Employment (the Navajo Preference in Employment Act, "NPEA");
- Property (such as the Navajo Nation Civil Trespass Act);
- Vendor preferences and procurement (the Navajo Business Opportunity Act, "NBOA"); and,
- Worker health and safety (such as the Navajo Occupational Safety and Health Act, "NOSHA").
Brian also assists businesses doing or considering commerce with the Navajo Nation, providing legal advice about legal issues such as Dineh Fundamental Law, the Nation's policy regarding graves (Jishchaa), compensation to individual Navajos for takings, and property issues. Clients include Sempra Energy, Peabody Energy, Transwestern Pipeline Company, Chevron USA, El Paso Natural Gas, Citation Oil & Gas, Nacogdoches Oil & Gas and Siemens IT.
He has also appeared on behalf of or consulted with businesses and state governmental entities regarding litigation in the courts of other tribal nations such as the Pueblo de Cochiti and Jicarilla Apache Nation.
General Litigation
Over the past few years, Brian has participated in the defense of Westland Development Co., Inc. in eight lawsuits related to a corporate merger, including class action and derivative claims. The claims included insider trading (10b-5 claims), misrepresentations in proxies (14a claims), breach of fiduciary duty, appraisal claims related to dissenting shareholders and the registration of shares under Article VIII of the Uniform Commercial Code.
In another class action, Brian participated in the defense of approximately 15 internet service providers such as Expedia and Orbitz defending allegations that these businesses failed to pay appropriate taxes.
He has defended several lawsuits involving serious accidents. Clients include BNSF Railway Company, Amtrak, TA Operating, LLC (Petro Shopping Center) and Goodyear Tire & Rubber Company. Allegations in such cases include tire failure (product liability), negligence resulting in railway crossing accidents, vehicle accidents or other injuries.
Brian has represented governmental entities including the Town of Taos, the City of Farmington and Albuquerque Public Schools in civil rights cases (Section 1983) and construction disputes.
Published Decisions and Representative Cases
- Couture v. Albuquerque Public Schools, 535 F.3d 1243 (10th Cir. 2008). The Tenth Circuit Court of Appeals determined that educators did not violate a student's constitutional rights by placing him in a "time-out room" in response to his dangerous, disruptive behavior.
- Lane v. Page, 581 F. Supp. 2d 1094 (D. N.M. 2008) & 649 F. Supp.2d 1256 (D. N.M. 2009). In each memorandum order, the District Court for the District of New Mexico dismissed in part a proxy claim (14a claim).
- Rael v. Page, 2009-NMCA-123, __ N.M. __, 222 P.3d 678. The District Court had dismissed the plaintiff's claims, including breach of fiduciary duty, holding in part that the appraisal claim created by the dissenting shareholder statute was her exclusive remedy. The Court of Appeals reversed.
Publications
- Legislative History of Georgia's Congressional Districting
- Legislative History of Georgia's Predatory Lending Law
Education
- Georgia State University, J.D., 2003, summa cum laude
- Editorial Board of Georgia State University Law Review
- Earlham College, B.A., 1993, College and Departmental Honors, Phi Beta Kappa
- Charles Stinneford Award for Excellence in Economics
Bar Admissions
- New Mexico - April 22, 2004
- Arizona - August 4, 2004
- Navajo Nation Bar Association - June 11, 2007
