An accomplished trial lawyer, Darren Nicholson has been trying cases in state and federal courts for more than twenty years. After beginning his career at Arnold & Porter LLP in Washington D.C., one of the country’s premier law firms, he returned to Dallas in 2008 and became a partner at the nationally recognized trial boutique Sayles Werbner PC. Darren joined Burns Charest LLP in 2019 with one goal in mind – to help build one of the premier trial firms in the country.

Darren’s cases have been covered by The Dallas Morning News, The Wall Street Journal, The New York Times, Bloomberg News, and other publications. Currently, he is lead counsel for Parkland and other hospitals who have filed claims against manufacturers, distributors, and retailers who caused the opioid epidemic. His past cases include successfully representing plaintiffs in a multi-million-dollar lawsuit involving business fraud, breach of fiduciary duty, and commercial bribery; obtaining a multi-million-dollar jury verdict against Forgent Network for breach of a patent licensing agreement; and obtaining a favorable judgment in the Texas Ranger Baseball Partners bankruptcy for breach of contract, among many others.

Just as every case is different, so is every client. Whatever the case, Darren invests the time and effort to identify the client’s objectives and to tailor an aggressive strategy to achieve them – whether trying a case, negotiating a settlement, avoiding litigation, or pursuing another option entirely.

Education

Georgetown University Law Center, J.D. with honors, 2001
The University of Texas, B.S., mathematics, 1997
The University of Texas, B.A., psychology, 1997

Admissions & Honors

Admitted to practice in Texas, West Virginia, the District of Columbia, the U.S. Supreme Court, and numerous U.S. Court of Appeals and U.S. District Courts, including all Texas federal courts.

Best Lawyers in America, 2018-2025
Best Lawyers in Dallas, D Magazine, 2017-2024
Leading Plaintiff Financial Lawyer by Lawdragon, 2021-2024
Leading Plaintiff Consumer Lawyer by Lawdragon, 2021-2024
Super Lawyers, 2017-2024
Super Lawyers Rising Stars, 2010-2015
Fellow, Texas Bar Foundation
Barrister, Patrick E. Higginbotham Inn of Court, 2009-2012                                       

Speaking Engagements

The Ethics of Witness Preparation and Presentation, State Bar of Texas, Sept. 2023, 2019
Turning the Tables—Offers of Judgment Under Federal Rule 68, Dallas Bar Association, Sept. 2015
Protecting Plaintiffs’ Wins from the IRS, Texas Lawyer, June 2014
Closing Arguments, Dallas Bar Association Trial Academy, Oct. 2012
Exclude the Opposing Expert Witness on Qualifications and Reliability, Dallas Bar Association, July 2010
The Ethics of Lawyer-Judge Interactions, presented to the Higginbotham Inn of Court, March 2010
Financial Institutions Fraud, 37 American Criminal Law Review 551, Spring 2000

Representative Cases

Healthcare: 

• Dallas County Hospital District, d/b/a Parkland Health & Hospital System, et al. v. Amneal Pharmaceuticals, et al. – currently representing 26 Texas hospitals against the manufacturers, distributors, and retailers that caused the opioid epidemic.

• Florida Health Sciences Center, Inc., et al. v. Richard Sackler, et al. – trial counsel on behalf of 28 Florida hospitals against the manufacturers, distributors, and retailers that caused the opioid epidemic. 

• San Miguel Hospital Corporation v. Johnson & Johnson, et al. – class counsel in class action brought by acute care hospitals against opioid manurfacturers, distributors, and retailers for violations of the federal Racketeer Influenced and Corrupt Oragnizations (RICO) Act. 

Aviation and Wrongful Death: 

• United States of America v. The Boeing Company. – counsel for crime-victims' families in criminal case against Boeing for fraud that resulted in multiple crashes of the 737 MAX airplane. 

• Tavantzis, et al. v. American Airlines, Inc. – lead trial counsel for family under the Montreal Convention for debilitating injuries caused during an international flight. 

• Arzu v. American Airlines, Inc. – lead trial counsel for family of a fourteen-year old who tragically died on an international flight from Honduras to Miami.

• Powell, et al. v. Thornton Drilling, et al. – confidential settlement on the eve of trial for two minor children in a wrongful death case involving a West Texas oil rig.

• Artinger, et al. v. i3 Plastic Cards, et al. – substantial confidential settlement for a widow and minor child in a wrongful death case involving a workplace electrocution.

Complex Business Cases:

• AerReach, et al., v. Stanford, et al. – represented plaintiffs in a multi-million dollar business fraud, breach of fiduciary duty, and commercial bribery case against multiple defendants.

• Paradigm Air v. Texas Rangers Baseball Partners – summary judgment recovery for plaintiff in breach-of-contract case stemming from the Texas Rangers Baseball Partners’ bankruptcy.

• Andrew Silver v. Tabletop Media, LLC d/b/a Ziosk – favorable settlement for counter-plaintiff and defendant claim for breach of a patent purchase agreement.

False Claims Act:

• United States of America, ex rel. Haight v. RRSA (Commercial Division) LLC, et al. – represented relator in multi-million-dollar settlement False Claims Act case involving fraudulent small business subcontracting on military bases.

• United States of America, ex rel. Fisher, et al. v. Ocwen Loan Servicing – represented defendant in hundred-million-dollar major False Claims Act case against non-bank mortgage servicer.

Intellectual Property:

• Commil USA, LLC v. Cisco Systems, Inc.,135 S.Ct. 1920 (2015) – favorable U.S. Supreme Court ruling eliminating the defense of good-faith belief in invalidity to induced infringement claims.

• e-Lynxx Corporation v. Ariba – obtained significant patent licensing agreements in patent infringement lawsuit and development of licensing program.

Criminal Defense:

• U.S. v. Mahoney – acquittal on a seven-count indictment for a court-appointed client in Washington, D.C. Superior Court.

• U.S. v. Barry, et al. – favorable plea bargain and no jail time for a real estate agent indicted in a federal case involving mortgage fraud.