Overview
Nicholas A.F. Sarokhanian is an attorney in Holland & Knight's Dallas office with a strong track record of representing business clients in their high-stakes, strategic and complex disputes with competitors, consumers or governments. In his multijurisdictional practice, Mr. Sarokhanian represents clients in trial and appellate courts across the United States and abroad.
Among other complex litigation matters, Mr. Sarokhanian's practice includes representing clients involved in multijurisdictional trade secret and non-compete litigation against competitors, international asset recovery and clawback litigation, breach of contract and fraud litigation, antitrust and unfair competition litigation, and massive multidistrict litigation (MDLs) and class actions.
Mr. Sarokhanian also has extensive courtroom and trial experience, including jury trial experience in state and federal courts, bench trials in state courts and federal district and bankruptcy courts, as well as arbitration hearings. At the appellate level, he represents clients in state and federal appellate courts, and has obtained recent published opinions from the U.S. Courts of Appeals for the Fourth Circuit and Fifth Circuit that were favorable to his clients and helpful to other businesses facing similar issues.
Mr. Sarokhanian enjoys the challenge of solving tough, intractable or novel problems. Clients turn to him for his big-picture thinking and ability to mentally absorb, process and connect seemingly separated facts, issues and risks into comprehensive strategies and solutions. Mr. Sarokhanian is also a leading innovator and early adopter of technological tools to organize and deploy data and evidence to aid his clients' arguments while saving them money. Mr. Sarokhanian draws on those skills and his extensive litigation experience to represent clients not only in active lawsuits but also in transactional matters such as mergers and acquisitions (M&A) and lending.
Mr. Sarokhanian represents and advises clients in a variety of sectors, with a particular concentration on the real estate, healthcare and life sciences, financial services and insurance, technology and energy sectors, and his clients range from Fortune 500 to startup companies. Among other clients, Mr. Sarokhanian represents and advises real estate brokerages, investors, developers and companies; pharmaceutical and medical device manufacturers, hospitals, home health agencies and physicians; financial institutions, financial technology (FinTech) companies and loan servicers; software companies, inventors and drone manufacturers; and hospitality franchisors, franchisees and management companies.
Mr. Sarokhanian is also active in serving his community and performing charitable service. He regularly represents pro bono clients, participates in Holland & Knight's 9/11 Day of Service, as well as the firm's Diversity and Inclusion Initiative, including attending Diversity Lab's Mansfield Client Forums on behalf of the firm.
Representative Experience
- Representing a leading real estate brokerage company in Texas federal court in trade secret and restrictive covenant litigation against several former sales managers and a competing real estate brokerage
- Represented a leading real estate brokerage company in New York federal court litigation involving antitrust and unfair competition allegations
- Representing a leading school yearbook publisher in American Arbitration Association (AAA) arbitration in Minnesota to enforce restrictive covenants against former sales representative and recover commissions
- Represented a private equity-backed oil and gas services company in matters to enforce restrictive covenants against former executives and employees
- Represented a leading, publicly traded real estate brokerage company, several of its subsidiaries, and members of its board of directors in significant, multijurisdictional litigation (state courts in New York, California, Minnesota, New Jersey and Florida) against competing real estate brokerage group involving the competitor's coordinated, nationwide scheme to poach top real estate agents and employees and interfere with clients' restrictive covenant agreements, exclusive listing agreements for properties, and misappropriate clients' trade secret and confidential information; the matters were settled on confidential terms
- Prevailed – by obtaining preliminary injunction upheld in a unanimous, published opinion, 957 F.3d 523 (5th Cir. 2020) – for a leading real estate brokerage company in Texas federal court litigation enforcing restrictive covenants against former executive who left for direct competitor; the matter was ultimately resolved via an agreed permanent injunction against the former employee and on other confidential terms
- Prevailed – by obtaining preliminary injunction upheld on appeal – for a major title and escrow services company in Texas state court in trade secret and restrictive covenant litigation; the matter was ultimately resolved on confidential terms
- Prevailed – by obtaining preliminary injunction – on behalf of a major private equity-owned building products distributor, in multijurisdictional (Illinois federal court, Colorado state court and Texas state court), high-stakes trade secrets and antitrust litigation and obtained preliminary injunction against a group of former executives and salespeople; the matter was resolved on terms favorable to client
- Represented a financial technology (FinTech) client in Texas state court and obtained preliminary injunction in trade secrets and restrictive covenant litigation against a founder who defected for a direct competitor and took sensitive trade secret information from client; the matter was resolved via an agreed permanent injunction and other confidential terms
- Represented a major wholesale insurance broker in multijurisdictional trade secret and restrictive covenant litigation and obtained preliminary injunction against a group of former brokers who defected for directly competing brokerage; the matter was resolved via confidential terms
- Represented an executive of an intraoperative neuromonitoring company in non-compete litigation in Texas state court; the matter was resolved via confidential terms
- Representing foreign representative of a Norwegian corporate debtor in Chapter 15 proceedings in U.S. Bankruptcy Court for the Southern District of New York, involving the first known Chapter 15 recognition of an insolvency proceeding in Norway and a $40 million clawback and $400 million-plus tort litigation against two major private equity funds, and took trial testimony of former board members and executives in Oslo District Court
- Prevailed at trial in the U.S. Bankruptcy Court for the Northern District of Texas on behalf of a creditor client in litigation involving the revocation of a discharge wrongfully obtained by debtor's complex fraudulent scheme and layered alter egos, reviving multimillion-dollar judgment held by client
- Prevailed at trial in Texas state court for a major national bank in litigation involving allegations of fraudulent transfers following Article 9 sale to third party
- Represented a major international bank in U.S. Bankruptcy Court for the Eastern District of Texas in litigation to recover real estate pledged as collateral to multimillion-dollar commercial loan and to enforce guaranty of the loan; the matter was resolved on confidential terms
- Represented a major national bank in Texas federal court litigation to enforce guaranties of credit facility involving a failed auto dealership; the matter was resolved on confidential terms
- Represented a major national bank in Texas federal court and state court in litigation to enforce guaranties of $26 million commercial real estate loan; the matter was resolved on confidential terms
- Secured summary judgment awarding full recovery for a creditor client on pledged accounts receivable in Mississippi federal court
- Represented a major national bank in Texas federal and state courts in Fair Credit Reporting Act (FCRA) and defamation litigation, and obtained summary judgment upheld on appeal
- Represented a major international bank and its subsidiaries in Texas federal and state courts in mortgage and Real Estate Settlement Procedures Act (RESPA) litigation, securing dismissals of multiple lawsuits brought by borrowers
- Represented a major Wall Street brokerage in Texas federal court in mortgage litigation, securing dismissal of lawsuit brought by a borrower
- Prevailed at trial in Texas state court for a loan servicer client in a breach of contract lawsuit involving indemnification obligations
- Prevailed – on summary judgment upheld on appeal – on behalf of a state bank in Texas state court litigation brought by a competing bank involving loan participation agreements
- Representing a major international footwear company in Texas federal court litigation involving alleged breaches of contractual rights of first refusal
- Prevailed on appeal – in a published opinion from the U.S. Court of Appeals for the Fourth Circuit, 42 F.4th 398 (4th Cir. 2022) – on behalf of a major tire manufacturer, affirming summary judgment on employee's Title VII claims
- Represented a major international food company in Texas state court litigation against neighboring landowners for lost profits resulting from landowners' negligent burning of forest and impact on a client's bottled water factory
- Prevailed – via early dismissal under Texas' anti-SLAPP statute – of widely reported defamation suit against a prominent talk-show host and related media company
- Prevailed at jury trial in Texas state court for a major, publicly traded hospital group, in a lawsuit over the purchase of a unique alcohol and drug treatment hospital, as well as allegations of breach of contract, fraud and illegal wiretapping
- Represented a significant behavioral management company in a confidential American Health Lawyers Association (AHLA) arbitration over the termination of a multiyear services agreement
- Represented a major optical products manufacturer in Telephone Consumer Protection Act (TCPA) class action in Illinois federal court
- Represented home healthcare agencies in franchise litigation in Florida state court and American Arbitration Association (AAA) arbitration in Georgia relating to Medicare certification and other breaches of contract
- Represented a physicians and medical device company in patent ownership litigation in Texas federal court
- Helped secure favorable jury verdict for a national retail electric provider in a Texas federal court jury trial and separate Texas state court jury trial
- Represented a major outdoor equipment manufacturer in a personal injury lawsuit in federal court; the matter resolved on confidential terms
- Represented a publicly traded oil and gas company, an independent Texas exploration and production (E&P) company, in a lawsuit against a contractor over excessive delays in completing a pipeline in the Gulf of Mexico; the matter resolved on confidential terms
- Defended a major oil and gas company in a lawsuit over unpaid joint interest billings and other Council of Petroleum Accountants Societies (COPAS) accounting issues; the matter resolved on confidential terms
- Represented a major insurance company in dispute involving commercial lease of a data center, and resolved the matter favorably at pre-suit mediation
- Represented a commercial real estate developer in Texas state court litigation against a major tenant for breach of long-term lease; the matter resolved on confidential terms
- Represented major medical device manufacturers against allegations of defective design and manufacturing defects in state and federal courts across the United States
- Represented, as core member of national counsel team, a specialty pharmaceutical manufacturer in thousands of lawsuits across the country and in lawsuits consolidated in federal and state multidistrict litigation (MDL) In re National Prescription Opiate Litigation, MDL No. 2804, in the U.S. District Court for the Northern District of Ohio and in the Texas In Re Texas Opioid Litigation, 18-0358.
- Represented major pharmaceutical companies in product liability class actions and multidistrict litigations (MDLs)
- Represented a major insurance company in fraud, waste and abuse litigation against providers in Texas federal court and in American Arbitration Association (AAA) arbitrations
- Represented a major managed care organization in AAA arbitration involving recoupment of reimbursements
- Defended a board-certified pediatric anesthesiologist against criminal and civil allegations of running a "pill mill" brought by the U.S. Attorney's Office
Credentials
- Baylor Law School, J.D., cum laude
- Virginia Polytechnic Institute and State University, B.A., cum laude
- Texas
- Minnesota
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Texas
- All State Courts in Texas
- All State Courts in Minnesota
- Patrick E. Higginbotham American Inn of Court, Associate, 2013, 2014
- Dallas50 Networking Group, Founder and Co-Chair
- Dallas Association of Young Lawyers, Judiciary Committee, Co-Chair, 2013, 2014
- Dallas Association of Young Lawyers, Attorneys for Career Enhancement Committee, Co-Chair, 2014
- Dallas Association of Young Lawyers, Lawyers on Loan Committee, Co-Chair, 2014
- Holland & Knight Pro Bono All-Star, 2020
- Rising Star, Texas Super Lawyers magazine, 2015-2023; Up and Coming Top 100, 2017, 2018
- Best Lawyers Under 40 in Commercial Litigation, D Magazine, 2019
- State Bar of Texas, Pro Bono College, 2014, 2015
- State Bar of Texas, Care Campaign, Pro Bono Commitment, 2014