Nichole M. Plagens
- Commercial Litigation
- Employment Litigation
Nichole M. Plagens is an associate in the employment and labor law group. Nichole focuses her practice on the efficient and effective resolution of employment disputes. She concentrates on the defense of employers in employment litigation with experience defending against pre and post-suit claims brought pursuant to Title VII, ADA as amended, ADEA, FMLA, FLSA, and the TCHRA. Nichole frequently prosecutes claims for breach of covenants not to compete and she represents clients regarding confidentiality and non-solicitation agreements.
Nichole has experience in claim investigation, preparing and defending witnesses for depositions, drafting legal motions, discovery requests, and responses, negotiating settlements and other substantive pleadings. She also provides advice and counsel to assist clients in minimizing the risk of litigation.
Nichole received her J.D. from the Southern Methodist University Dedman School of Law. While in law school, she was selected as CLE Editor for the SMU Law Review Association and participated in the ABA Labor & Employment Trial Advocacy Team and the AAJ Student Trial Advocacy Competition. Prior to law school, Nichole earned a B.A. in political philosophy, graduating magna cum laude from the University of Dallas.
- Researched and drafted memoranda on legal issues, including the admissibility of a plaintiff’s seatbelt use/ non-use and illegal immigrant status at trial, the use of RICO in civil suits, the Texas Anti-Indemnity Oil Field Act, and Louisiana Tort Law;
- Researched and drafted memoranda on legal issues, including the admissibility of a crashworthiness expert’s testimony absent the foundation of a proper accident reconstruction, and the admissibility of NHTSA/ NASA safety reports at trial;
- Researched and drafted orders regarding a complex contract dispute dealing with the enforceability of a Master Service Agreement (MSA) in light of a conflicting Letter of Intent (LOI) and various pro se issues;
- Researched and drafted opinions for a motion to dismiss and summary judgment;
- Researched and drafted memoranda on legal issues, including admissibility of evidence in a criminal trial, applicability of an upward departure when sentencing a gang member repeat offender, and a 5th Circuit brief regarding Sentencing Guideline calculations.
Professional Associations & Memberships
American Bar Association
Dallas Bar Association
Dallas Young Lawyer’s Association