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.

Actively involved in pro bono work, Nish concentrates on immigration and constitutional matters. He annually presents on deportation defense at the University of Pennsylvania Law School, where he also served as an associate editor on the University of Pennsylvania Journal of Business Law during law school. Prior to joining Baker Botts, he gained valuable experience as a judicial intern for the Honorable Ravi K. Sandill of the 127th District Court in Harris County, Texas.

• Granted complete defense award on behalf of leading global engineering firm in trade secret, tortious interference, and contract dispute with aggregate claims of over $500 million, following five-day arbitration hearing (final award confirmed in judgment of district court)
• Represented 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 million
• Granted complete defense verdict on behalf of developer of subsea drilling technology in $105 million trade secret misappropriation lawsuit, following in-person, three-week jury trial during COVID-19 pandemic (upheld on appeal)
• Granted $5.3 million 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 $4.6 million on behalf of multinational chemicals company in arbitration against joint-venture partner at shared refining facility, following five-day arbitration hearing
• Granted complete defense award on behalf of industrial plant in contract dispute with energy co-generation facility following arbitration hearing (final award confirmed in judgment of district court, following confirmation hearing)
• Represented owner of portfolio of solar energy facilities in warranty and bad faith claims against panels’ manufacturer, relating to undisclosed defects in the panels
• Represent owner of wind farm facility in delay claim and site conditions lawsuit in New York state court against supplier and installer of wind turbines
• Represent owner of carbon black facility in construction arbitration against contractor related to defective construction and installation of pollution control systems
• Represent leading global energy and petrochemicals company in lawsuit against issuer of performance bond following default of original contractor during development of utility-scale solar energy facility in United States
• Represent solar power subsidiary of leading Japanese conglomerate in delay dispute arbitration against contractor related to delayed engineering and procurement of utility-scale solar energy facility in Mexico
• Advise developer of luxury apartment building in matters related to liquidation of performance bond and in numerous matters related to surety’s completion of work, following default and bankruptcy of original design-builder
• Advised developer of luxury apartment building in matters related to liquidation of performance bond and in numerous matters related to developer’s completion of work (including negotiation of completion contract), following default and bankruptcy of original design-builder
• Advise chemicals company relation to potential disputes with joint-venture partner in connection with operation and ownership of ethylene hydrocracking facility
• Represented public accounting firm in trade secrets misappropriation lawsuit and related interlocutory appeals
• Represented leading global chemicals firm in multi-district litigation related to asbestos
• Represented midstream developer in dispute related to the project contractor's construction of saltwater disposal facility and unmanned truck transfer station
• Received dismissal and discharge of lien on behalf of midstream developer in lawsuit by lien claimant following interpleader motion
• Represented leading North American provider of structural timber in fraud and contract dispute with general contractor, in full-day mediation and in lawsuit in federal court
• Represented leading art museum in $1.75 million mechanic's lien and breach of contract lawsuit by general contractor
• Represented and received dismissal for Texas county in novel official-capacity first amendment lawsuit in federal court
• Represented general contractor in construction defect adversary proceeding related to multifamily apartment project in bankruptcy court
• Appeared as lead counsel in oral argument 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 client
• Appeared as lead counsel in oral argument before the United States Court of Appeals for the Fifth Circuit on behalf of immigrant client in Convention Against Torture (CAT) case, after previously obtaining emergency relief from deportation from the Fifth Circuit for same client
• Represent developer of luxury apartment, condominium, and hotel in defective construction lawsuit (SB800) by homeowner's association
• Represented and received dismissal for unit owners of luxury condominium in lien action by contractor
• Represented and received dismissal for owner of commercial construction project in lien action by subcontractor
• Represent insureds and insurers in first-party and third-party personal injury and property damage claims

J.D., University of Pennsylvania Law School 2017
Associate Editor, Journal of Business Law

B.A., Art History & English, Kenyon College 2014
cum laude

New York State Bar

State Bar of Texas

United States Court of Appeals for the Fifth Circuit

United States District Courts for the Southern and Western Districts of Texas

Houston Bar Association

Houston Young Lawyers Association