Nischay Bhan

About Nischay Bhan

Nischay Bhan assists clients across various industries in navigating intricate civil litigation, dispute resolution, and arbitration matters, including those related to design and construction, energy, trade secrets, and insurance matters. Nish possesses particular experience in construction law. He has counseled owners and sponsors, as well as contractors, involved in a full spectrum of major commercial projects, including utility-scale power plants, cryptocurrency, multifamily, and office towers. Nish has advised on disputes arising at every stage of development, including breaches of contract, delay claims during the performance of work, indemnity and warranty disputes, site conditions, and defective work claims. As an advisor to significant energy generation clients, including the sponsors of some of the largest nameplate wind and solar power projects in the United States, Nish has a track record for obtaining value for clients on stalled projects. He has negotiated with the issuers of surety bonds to ensure completion of work, counseled clients both burdened by and benefitting from mechanics’ liens in multiple jurisdictions, and crafted strategies leading to significant insurance recoveries for damaged clients. In addition to construction, Nish has notable experience representing clients in the energy space and adjacent industries (such as chemicals and manufacturing) in defending or prosecuting high-stakes commercial matters, including trade secret and confidential information claims, contract breaches, and insurance disputes. Nish advocates for clients using skills learned as the lead litigation associate in trials and contested hearings involving an aggregate amount at stake in excess of $1 billion. Nish has taken and defended numerous depositions, crafted and argued persuasive motions, and prepared or examined key witnesses at trials, arbitration hearings, and other contested matters. He also has significant appellate experience, arguing as lead counsel in proceedings before the United States Court of Appeals for the Fifth Circuit. Nish’s focus on advocacy extends to various dispute resolution avenues, including mediation and motion practice, allowing him to deliver solutions for his clients in the most efficient manner allowed by the facts.

Experience

1. Litigation Associate

   Baker Botts

   Oct 2017 — Present · New York, NY, US

   Deliver results to clients across all across all stages of litigation and dispute resolution.Select experience listed below:Represented leading global engineering firm in trade secret, tortious interference, and contract dispute with aggregate claims of over $500 million, including five-day arbitration hearingRepresented a leading chemical processing company in litigation and crisis response matters emerging from plant explosion, including Texas multi-district litigation, adversary proceedings and disputes emerging from chapter 11 restructuring of approximately $1.3 billion in funded debt obligations and mass tort liabilities, and insurance recovery of over $750 millionGranted complete defense verdict on behalf of developer of subsea drilling technology in $105m trade secret misappropriation lawsuit, following in-person, three-week jury trial during COVID-19 pandemicGranted $5.3m judgment on behalf of oilfield well services provider in first-party insurance coverage litigation against insurer, following six-day jury trial (upheld on appeal)Granted final award of $4.6m on behalf of multinational chemicals company in arbitration against joint-venture partner at shared refining facility, following five-day arbitration hearingGranted complete defense award on behalf of industrial plant in contract dispute with energy co-generation facility following arbitration (final award confirmed in judgment of district court, following confirmation hearing)Argued as lead counsel before the United States Court of Appeals for the Fifth Circuit on behalf of an immigrant client and drafted a petition for writ of certiorari to the United States Supreme Court on behalf of same clientArgued as lead counsel before the United States Court of Appeals for the Fifth Circuit on behalf of immigrant client in Convention Against Torture (CAT) case, after previously receiving emergency relief from deportation from the Fifth Circuit for same client

Education

• University of Pennsylvania Carey Law School

  Doctor of Law - JD, Law

  2014 — 2017

• Kenyon College

  Bachelor of Arts - BA, English Language and Literature/Letters

  2010 — 2014

• Kenyon College

  Bachelor of Arts - BA, Art History, Criticism and Conservation

  2010 — 2014