Nicholas Schlossman represents clients in high-stakes litigation matters, including disputes with the government, consumer class actions, and other complex proceedings.
Nicholas combines extensive complex commercial litigation experience with a sophisticated understanding of multiple regulated industries. He represents clients before trial courts, arbitrators, appellate courts, and administrative agencies, typically in cases involving a complex regulatory overlay. He works with clients in a number of highly regulated industries, including:
Telecommunications
Pharmaceuticals
Healthcare
Biotechnology
Energy
Technology
He fosters trusted relationships with clients to understand their business and legal objectives and devise a litigation strategy that allows them to achieve those goals.
In addition, he regularly drafts briefs and counsels clients on novel issues of administrative law and challenges to the legality of government actions. His matters arise under a wide range of federal statutory and regulatory regimes, including the Federal Food, Drug, and Cosmetic Act; Controlled Substances Act; Plant Protection Act; Telephone Consumer Protection Act (TCPA); Communications Act; Federal Energy Regulatory Commission regulations; Copyright Act; securities laws; and various consumer protection statutes. In addition to litigating these issues, he provides pre-dispute counseling to clients in regulatory matters that may result in litigation.
Nicholas serves as a member of the firm’s Ethics Committee. He also maintains an active pro bono practice, including multiple engagements concerning nationwide civil asset forfeiture practices.
Experience
Nicholas' experience includes playing a significant role in:
Telecommunications
Hart v. Charter Communications, Inc., 2023 WL 3914285 (C.D. Cal. 2023): Dismissing claims of lead putative class representative asserting nationwide false advertising claims based on allegedly deficient Internet speeds
Obtaining complete victory on claims for alleged false advertising of broadband Internet access services
Hunter v. Time Warner Cable, Inc., 2019 WL 3812063 (S.D.N.Y. 2019): Defeating class certification in a case alleging approximately 150 million phone calls placed in violation of the TCPA
Charter Communications, Inc. v. US, 722 Fed. Appx. 604 (9th Cir. 2019): Compelling the court to invalidate part of the TCPA as a content-based regulation of speech inconsistent with the First Amendment
Food and Drug Law
National Association of Wheat Growers v. Bonta, 85 F.4th 1263 (9th Cir. 2023): Affirming lower court victory permanently enjoining California’s Proposition 65 warning requirement on First Amendment grounds
National Association of Wheat Growers v. Zeise, 468 F. Supp. 3d 1247 (E.D. Cal. 2018): Securing a permanent injunction against enforcement of California’s Proposition 65 warning requirement on First Amendment grounds
Robert Ito Farm, Inc. v. County of Maui, 111 F. Supp. 3d 1088 (D. Haw. 2015): Convincing the court to invalidate county ban on biotechnology crops as preempted by federal and state law
Technology
Obtaining complete victory on claims for alleged breach of contract concerning development of high-speed data network
Representing an online service provider relating to multi-party copyright claims and defenses pursuant to the Digital Millennium Copyright Act (DMCA)
Hale v. Teladoc Health, Inc., 2021 WL 1163925 (S.D.N.Y 2021): Securing dismissal with prejudice of a TCPA class action for failure to state a claim
Suttles v. Facebook, Inc., 461 F. Supp. 3d 479 (W.D. Tex. 2020): Securing dismissal with prejudice of a TCPA case for failure to state a claim
Energy
Representing multiple energy producers in contractual disputes brought by their vendors
Representing a petrochemical manufacturer in a contractual dispute relating to release of natural gas pipeline capacity
Representing an international oilfield services provider in federal securities class actions, related shareholder derivative litigation, and a US Securities and Exchange Commission investigation arising out of financial restatements relating to income tax accounting
Complex Class Litigation
Hart v. Charter Communications, Inc., 2021 WL 4893353 (C.D. Cal. 2021): Compelling arbitration and rejecting enforceability challenges based on novel claim-preclusion arguments
Hart v. Charter Communications, Inc., 814 Fed. Appx. 211 (9th Cir. 2020): Securing affirmation of a lower court victory compelling arbitration of consumer claims based on a contract formed through inquiry notice
Olsen v. Charter Communications, Inc., 2019 WL 3779190 (S.D.N.Y. 2019): Compelling plaintiffs in putative class action into arbitration concerning claims asserting misrepresentation of Internet broadband speeds
Miller v. Time Warner Cable, Inc., 2016 WL 7471302 (C.D. Cal. 2016): Securing dismissal of an injunctive TCPA claim for lack of Article III standing and compelling the remaining damages claim to arbitration
In re: Time Warner Cable, Inc., TCPA Litigation, 247 F. Supp. 3d 1388 (J.P.M.L. 2016): Convincing the court to deny centralization of TCPA class actions
Latham litigators won an Administrative Procedure Act case on behalf of SCAN Health Plan over a new plan rating methodology which would have cost them US$250 million in federal funding.
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