Nicole Caplan

Nicole Soussan Caplan is a senior associate in Reed Smith’s Energy & Natural Resources Group. She primarily represents clients in the energy industry at the trial and appellate level in a broad range of complex litigation matters. In addition to energy litigation, Nicole has experience in environmental, real estate, employment, and trade secret litigation, as well as general commercial disputes.

Nicole also has significant experience in helping clients with OSHA and other governmental investigations related to excess exposure and contaminant levels, personal injuries, and fatalities on well and job sites.

In the energy industry, Nicole works closely with clients on a variety of operational issues and legal disputes arising from oil and gas exploration and production in U.S. shale plays and international operations, including disputes arising from drilling and well failures, oil and gas leases, surface use, joint operating agreements, and new ventures.

Nicole also has significant experience litigating breach of warranty claims, representing both plaintiffs and defendants in complex disputes governed by the UCC. Additionally, her experience includes handling claims involving hydrocarbon trading, nuisance, trespass, seismic data, personal injury, theft, and environmental issues.

Having worked for both major energy companies and smaller operators, Nicole has had experience developing cases from inception to appeal, but also understands that a client’s business goal is often the most important consideration.

Working with clients to develop a litigation strategy that best suits their business needs, Nicole has resolved cases prior to or in the early stages of litigation, as well as obtained favorable rulings from appellate courts in cases where early resolution could have allowed for unfavorable precedent or inspired additional plaintiffs at a large cost to the client.

Nicole serves as the Houston office’s RED Team (e-discovery) liaison, and is actively involved in managing large document reviews and working with document review attorneys on a number of her cases. Nicole has also presented multiple CLE presentations on the new federal rules, e-discovery case law, social media and e-discovery, and e-discovery ethics.

Prior to law school, Nicole served as a Teach for America Corps Member and taught high school English. She remains active in pro bono and volunteer work involving civil rights, education and juveniles.

Education :

• Vanderbilt University Law School, 2011, J.D.
• Washington University, 2006, B.A., magna cum laude

Professional Admissions & Qualifications : Texas

Court Admissions :

• U.S. District Court – Southern District of Texas
• U.S. District Court – Eastern District of Texas
• U.S. District Court – Western District of Texas

Professional Affiliations :

• Texas Bar Foundation, Fellow
• Houston Young Lawyers Foundation, Fellow
• Houston Bar Association
• The Institute for Energy Law
• Women’s Energy Network

EXPERIENCE :

• Defended multi-million dollar conversion of hydrocarbons claim brought by foreign government against a top five oil company and a major international chemical corporation; defended favorable summary judgment award on appeal to Fifth Circuit
• Defended nuisance claim against large oil and gas operator arising from traffic, dust, and other hydraulic fracturing activities; assisted with defense of favorable summary judgment award on appeal
• Resolved multiple surface, title, royalty, and lease disputes with landowners in the Eagle Ford Shale for oil and gas producer
• Assisted in defending title of approximately 150 leases in Utica and Marcellus shales in arbitration by submission as part of client’s assets sale
• Advised international energy company regarding joint operating agreement, joint development agreement, and lease terms interpretation in the Wolfcamp Shale.