Jenner & Block

 

Mr. Nelson's experience includes:

CLASS ACTION / MDL / MASS TORT / PRODUCT LIABILITY

  • Advising universities and an athletic conference on concussion litigation in In re: NCAA Student-Athlete Concussion Injury Litigation, MDL 2492
  • Represented the NFL Players Association (NFLPA) in winning a high-profile trial in a class action regarding more than $4 billion in TV rights fees from DIRECTV, CBS, FOX, NBC and ESPN. White v. NFL (TV Revenues), 766 F. Supp. 2d 941 (D. Minn. 2011). The victory was described as "major" (Sports Illustrated); "big win" (AmLaw); "dramatic turn of events" (Yahoo Sports); "critical" (NY Times)
  • Represented the Illinois High School Association (IHSA) in defeating the first putative concussion class action in teh nation against a statewide high school athletic association. The court dismissed all claims, including medical monitoring, with prejudice at the pleadings stage and before any discovery. Pierscionek v. IHSA, 2015 WL 6550826 (Ill. Cir. Ct. (Cook County) 2015). "A win...with far-reaching implications." (AmLaw); "A major victory...with national repercussions." (National Law Journal)
  • Represented the NFLPA and NFL Players Inc. in defeating class certification in a name image-likeness licensing dispute brought by former professional football players claiming breaches of alleged fiduciary duties, Brown v. NFLPA, 281 F.R.D. 437 (C.D. Cal. 2012)
  • Represented electric transformer manufacturer, Kuhlman Electric Corporation, in multiple toxic tort suits alleged PCB and chlorinated solvent contamination at a Mississippi manufacturing facility and lake, including defeating municipality's nusiance, trespass, negligence and fraud claims
  • Represnted Reebok International Ltd. in an antitrust litigation concering National Football League (NFL) trademark licensing arrangements for NFL jerseys and other apparel brought by a putative class of consumers, Dang v. San Francisco 49ers (N.D. Cal.)
  • Represented the NFLPA in winning an appellate reversal that enabled the NFLPA to pursue post-judgment relief on collusion claims in a class action. White v. NFL (2010 Salary Cap Collusion), 756 F.3d 585, 594-96 (8th Cir. 2014)
  • Represented the National Collegiate Athletic Association (NCAA) in concussion litigation. Sheely v. NCAA (Md. Circ. Ct. (Montgomery County))
  • Represented investment firm in a commodities class action involving futures contracts for 10-year Treasury notes
  • Represented an audit firm in a California consumer fraud class action against the firm's client, an insurance company
  • Represented Statoil (now Equinor) in In re: Crude Oil Commodity Futures Litigation (S.D.N.Y.)
  • Represented multiple public companies in securities class actions
  • Advising companies on climate change mass tort litigation, including nuisance claims 

ENERGY

  • Won a trial for a subsidiary of CNX Resources (formerly CONSOL Energy) involving a midstream joint venture dispute about a preferential purchase right (right of first refusal or ROFR) and a $765 million transaction. (Pa. Ct. Common Pleas (Allegheny County))
  • Represented a subsidiary of Newfield Exploration in a complex commercial dispute involving overriding royalties and oil and gas leases in Utah. (Tex. Dist. Ct. (Harris County))
  • Represented energy company in defeating Oil Pollution Act and other claims based on an assumption of liability agreement. The court dismissed with prejudice before any discovery.
  • Represented Pacific Gas & Electric in a criminal case involving PHMSA regulations and an NTSB investigation into a pipeline explosion, which Law360 profiled as one of “5 Trials To Follow In 2016.” USA v. PG&E (N.D. Cal.)
  • Represented Elm Ridge Exploration and subsidiaries in more than a dozen contract disputes involving overriding royalties and oil and gas leases in Colorado and New Mexico
  • Represented Statoil (now Equinor) in In re Crude Oil Commodity Futures Litigation (S.D.N.Y.)
  • Represented Quantum Resources and related entities in litigation involving royalties from an oil and gas field in Florida. LL&E Royalty Trust v. Quantum Res. Mgmt., 2015 WL 4274987 (E.D. Mich. 2015)
  • Represented bank in an oil and gas contract dispute in West Virginia
  • Represented energy company in a joint venture dispute concerning oil and gas technology patents in multiple countries
  • Advised exploration and production company on litigation matters regarding Texas oil and gas leases related to a multi-billion dollar transaction
  • Advised exploration and production company regarding termination of drilling partnerships and assignment matters related to Texas oil and gas leases in a transaction
  • Advised midstream firm on litigation matters regarding licensing and exchange agreements for butane blending at pipeline system terminals in Indiana, Michigan, Ohio and Pennsylvania
  • Advised exploration company on litigation matters regarding a transportation services agreement and related agreements involving pipelines
  • Advised exploration and production company on litigation matters regarding crude oil supply contracts for operations in Utah
  • Advised investment bank on litigation matters regarding a gas gathering agreement
  • Advised midstream firm on litigation matters regarding a transmix supply agreement
  • Advised private equity firm and oil producer on litigation matters regarding a carbon dioxide sales agreement involving an enhanced oil recovery project and an Arkansas ammonia plant
  • Advised petrochemical company on litigation matters regarding agreements involving a Texas propane dehydrogenation plant
  • Advised exploration and production company and field operating company on litigation matters related to a joint operating agreement
  • Advised exploration company on breach of contract and tortious interference claims regarding oil and gas agreements and a transaction
  • Advised exploration and production company on litigation matters related to upstream joint venture arrangements
  • Advised private equity firm on litigation risks regarding a Texas oil and gas lease dispute
  • Advised private equity firm on litigation matters regarding a participation agreement and tag rights in connection with a transaction
  • Advised private equity firm and exploration and production company on litigation matters related to a joint marketing agreement and drag rights in connection with a transaction
  • Advised private equity firm on litigation risks regarding earthquake, royalty and commercial disputes in Oklahoma and Texas
  • Advised private equity firm and midstream firm on litigation matters related to field gathering, construction, transportation, and crude oil marketing arrangements
  • Advised oil company on litigation matters related to the sale of oil and gas assets in Texas
  • Advised upstream and midstream firm on litigation matters related to the formation of a joint venture and contribution of upstream assets in Oklahoma
  • Advised upstream firm on litigation matters related to a confidentiality agreement in connection with a transaction
  • Advised downstream fuel retailer on litigation matters regarding a petroleum tank farm lease in Nevada
  • Advised project finance firm on regulatory and environmental litigation matters involving the US Overseas Private Investment Corporation (OPIC)

ENVIRONMENTAL

  • Represented Olin Corporation—a manufacturer of chemicals, ammunition, and other products—in an insurance recovery and contribution action concerning environmental cleanup costs at 21 industrial sites across North America, including recovering $120 million during a 2018 jury trial.  The sites were in Alabama, Arkansas, Connecticut, Georgia, Illinois, Kansas, Maryland, Massachusetts, New Jersey, New York, Ohio, Tennessee, Texas, Washington, West Virginia and Ontario.  They involved different environmental media, such as groundwater, surface water, soil, sediment, dust and ecological receptors.  They concerned numerous contaminates, including mercury, lead, pesticides, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), total petroleum hydrocarbons (TPH) and volatile organic chemicals (VOCs) such as trichloroethylene (TCE) and carbon tetrachloride (CTC). See, e.g., Olin v. Lamorak Ins., 2018 WL 3442955 (S.D.N.Y. 2018)
  • Advising companies on climate change litigation, including nuisance claims
  • Represented Koch Industries subsidiary and paper company, Georgia-Pacific LLC, in CERCLA litigation, including an arranger trial, related to a $1.6 billion PCB cleanup of Wisconsin’s Fox River and Green Bay. Won cutting-edge “divisibility” and “collateral source” victories. USA v. NCR Corp., 2015 WL 6142993 (E.D. Wis. 2015); Appvion Inc. v. PH Glatfelter Co., 144 F. Supp. 3d 1028 (E.D. Wis. 2015).  Law360 named it one of “the biggest environmental cases of 2015”
  • Represented energy company in winning dismissal (with prejudice) of Oil Pollution Act, CERCLA, and state environmental claims concerning alleged contamination at an industrial site.
  • Represented Ford Motor Company in winning court approval of a contested CERCLA consent decree and settlement with the US government concerning contamination and remediation at a Rouge River manufacturing facility in Michigan. Ford Motor Co. v. USA (E.D. Mich.)
  • Represented electric transformer manufacturer, Kuhlman Electric Corporation, in multiple toxic tort suits and related indemnity and insurance litigation concerning alleged PCB and chlorinated solvent contamination at a Mississippi manufacturing facility and lake, including defeating municipality’s nuisance, trespass, negligence and fraud claims
  • Represented electrical products company in an environmental dispute involving a municipality’s corporate successor, nuisance, trespass, negligence and other claims concerning alleged contamination at an Indiana manufacturing facility
  • Advised private equity firm on environmental, indemnity and retained liability matters related to an asset purchase

SPORTS

  • Represented the NFL Players Association (NFLPA) in winning a high-profile trial regarding more than $4 billion in TV rights fees from DIRECTV, CBS, FOX, NBC and ESPN. White v. NFL (TV Revenues), 766 F. Supp. 2d 941 (D. Minn. 2011). The victory was described as “major” (Sports Illustrated); “big win” (AmLaw); “dramatic turn of events” (Yahoo Sports); “critical” (NY Times)
  • Represented the Illinois High School Association (IHSA) in defeating the first putative concussion class action in the nation against a statewide high school athletic association. The court dismissed with prejudice at the pleadings stage and before any discovery. Pierscionek v. IHSA, 2015 WL 6550826 (Ill. Cir. Ct. (Cook County) 2015). “A win...with far-reaching implications.” (AmLaw) “A major victory...with national repercussions.” (National Law Journal)
  • Represented Reebok International Ltd. in antitrust litigation concerning National Football League (NFL) trademark licensing arrangements for NFL jerseys and other apparel brought by a former licensee, American Needle v. New Orleans La. Saints (N.D. Ill.), and a putative class of consumers, Dang v. San Francisco 49ers (N.D. Cal.)
  • Represented the NFLPA and NFL Players Inc. in (a) defeating class certification in a name image-likeness licensing dispute brought by former professional football players claiming breaches of alleged fiduciary duties, Brown v. NFLPA, 281 F.R.D. 437 (C.D. Cal. 2012), and (b) winning an appeal that affirmed the grant of summary judgment in a similar licensing dispute, Grant v. NFLPA, 566 F. App’x 569 (9th Cir. 2014), affirming 2012WL 1870974 (C.D. Cal. 2012).
  • Represented the National Collegiate Athletic Association (NCAA) in concussion litigation. Sheely v. NCAA (Md. Cir. Ct. (Montgomery County))
  • Advising universities and an athletic conference on concussion litigation matters.
  • Represented the NFLPA in winning an appellate reversal that enabled the NFLPA to pursue post-judgment relief on collusion claims. White v. NFL (2010 Salary Cap Collusion), 756 F.3d 585, 594-96 (8th Cir. 2014)
  • Represented the NFLPA in a salary cap arbitration brought by the Washington Redskins and Dallas Cowboys
  • Advised a suite licensee at NRG Stadium on matters involving a license agreement with the Houston Livestock Show and Rodeo in Texas

COMPLEX COMMERCIAL (in addition to complex commercial matters above)

  • Represented food retailer, as corporate plaintiff, in first winning summary judgment as to liability on its breach of contract and fraudulent transfer claims and later winning final judgment, recovering lost profits, other damages, and attorneys’ fees. Nash Finch Co. v. 2125 Vienna Corp., 2008 WL 786804 (E.D. Mich. 2008)
  • Represented private equity firm and food retailer in complex lease dispute and negotiated pre-litigation settlement
  • Represented apparel retailer, Eddie Bauer LLC, in a contract and business tort dispute, involving alleged trade secret, fiduciary duty, tortious interference, unfair competition and restrictive covenant claims. Lands’ End v. Eddie Bauer LLC (N.D. Ill.)
  • Represented a mortgage firm in a trial over fraud, fiduciary duty and unjust enrichment claims in Illinois state court
  • Represented investment firm in a commodities class action involving futures contracts for 10-year Treasury notes
  • Represented audit firm in a California consumer fraud class action against the firm’s client, an insurance company
  • Represented financial services company in a complex commercial dispute within a bankruptcy case
  • Advised financial services company on litigation matters regarding indemnity provisions in a commitment letter
  • Advised health care provider on litigation matters relating to technology service agreements
  • Represented insurance broker in a trade secrets and restrictive covenant dispute and negotiated a pre-litigation settlement
  • Advised insurance broker regarding a trade secrets dispute
  • Advised auto manufacturer on litigation matters concerning joint venture contracts and alleged trade secret and business tort claims