Nicole Ruble Metcalf - Dallas Commerical Litigation Attorney

Nicole Ruble Metcalf

Associate, Dallas Office

Biography
Experience
Involvement
Recognition
Speeches / Publications
News

Biography

Nicole Ruble Metcalf represents clients in a wide range of commercial litigation, ranging from complex intellectual property matters such as patent infringement litigation and oil and gas disputes to simple breach of contract cases. Ms. Metcalf is also well versed in matters relating to electronic discovery, including development and implementation of document retention policies. She has assisted in creating document retention policies for a corporate lender, finance company, and advisory service provider with more than $5 billion in assets and for one of the largest construction companies in the world. She also has extensive experience with matters relating to the Texas Public Information Act. Ms. Metcalf prides herself on providing her clients with solutions that strike a rational balance between budgetary concerns and long term effects.

While in law school, Ms. Metcalf served as a research assistant to Professor Robert G. Spector and received recognition for her contributions to his research regarding international recognition of child custody and child support decrees. Ms. Metcalf also completed an externship for the U.S. Consumer Product Safety Commission (the CPSC). As an extern for the CPSC, she worked closely with the General Counsel's Office and Office of Compliance and learned a great deal about the inner workings of a regulatory agency and about products liability. She participated in the University of Oklahoma's study abroad program at Brasenose College in Oxford, England.

Before she started law school, Ms. Metcalf traveled all over the United States as a Leadership Consultant for Zeta Tau Alpha.

More about Nicole Ruble Metcalf: Experience | Involvement | Recognition | Speeches / Publications | News

Representative Matters

Representative Oil and Gas Matters

Chesapeake Exploration, LLC and Chesapeake Operating Inc. v. William F. Callejo, et al., before the192nd Judicial District, Dallas County, Texas. Represented Chesapeake in dispute against lessors/working interest owners with respect to outstanding lease bonus payments.

Texas Midstream Gas Service, LLC v. City of Grand Prairie, et al., (North District of Texas, Dallas Division). Represented midstream gas gatherer in litigation challenging City of Grand Prairie's set back requirements pertaining to compressor stations.

In re North American Petroleum, Inc., (United States Bankruptcy Court for the District of Delaware). Represented lender to oil and gas exploration company in adversary proceeding in bankruptcy case. Case involved farmout agreement between operator and development company and establishing ownership rights to saltwater disposal infrastructure for purposes of establishing asset value in bankruptcy proceeding.

Devonian Partners, LLC v. Saber Resources LLC., (385th Judicial District Court Midland County, Texas). Managed litigation from inception to completion in which oil and gas working interest owners pursued breach of contract, fraudulent inducement, and negligent misrepresentation claims against oil and gas operator.

Representative Commercial Litigation

Michaels v. Google, Inc., Civ. Act. No. 6:11-cv-107 (Eastern District of Texas, Tyler Division). Successfully enforced forum selection clause in Google's Terms of Service.

Peter Desnoes v. HBK Services, LLC, et al., (191st Judicial District Dallas County, Texas 2011). Represented investment company. Successfully enforced forum selection clause to obtain dismissal of litigation.

Shamrock Services, Inc. v. Bombardier Aerospace Corporation (116th Judicial District Court Dallas County, Texas 2009). Represented Bombardier Aerospace Corporation in litigation with respect to dispute over purchase of an interest in aircraft. Favorable settlement obtained.

Representative Appellate Matters

Peter Halmos v. Bombardier Aerospace Corporation (United States Court of Appeals for the 11th Circuit 2010). Defeated appeal of dismissal with prejudice of malicious prosecution claims asserted against Bombardier Aerospace Corporation.

Representative Intellectual Property Matters

Furniture Brands, International, Inc., et al. v. Webventions Holding, LLC, et al. (United States District Court for the District of Delaware 2010). Represent furniture retailer and manufacturing companies in lawsuit seeking declaration of non-infringement and invalidity with respect to '294 Patent.

GeoTag v. The Yankee Candle Company, Inc., et al. (the Eastern District of Texas, Marshall Division). Serving as local counsel to The Yankee Candle Company in patent infringement suit relating to store and job locator website applications.

Representative TPIA Matters

Dwaine R. Caraway v. Greg Abbott, Attorney General of Texas (68th Judicial District Dallas County, Texas 2011). Represented open records requestor, The Dallas Morning News. Successfully defeated former Mayor Caraway's request for temporary injunction to prevent the release of official police records and reports relating to January 2, 2011, incident at his home.

Capital Metropolitan Transportation Authority v. Gregg Abbott, Attorney General of Texas (345th Judicial District Court Travis County, Texas 2011). Represented open records requestor, KXAN-TV. Favorably resolved issues regarding release of billings for legal services.

More about Nicole Ruble Metcalf: Biography | Involvement | Recognition | Speeches / Publications | News

Organization Membership

Ms. Metcalf is a member of the American Trial Lawyers Association, American Bar Association, Dallas Young Lawyers Association, and the Dallas Bar Association.

Community Involvement

Ms. Metcalf has served as a member of the grants committee for the Dallas Women's Foundation and as a member of the Done Deals committee for the Women's Business Council-Southwest. She has also volunteered her time to the Susan G. Komen Breast Cancer Foundation's Race for the Cure and serves on the Susan G. Komen Dallas County's Board of Directors.

More about Nicole Ruble Metcalf: Biography | Experience | Recognition | Speeches / Publications | News

Peer Recognition

Ms. Metcalf was named a "Rising Star" by Thomson Reuters (2010-2011).

More about Nicole Ruble Metcalf: Biography | Experience | Involvement | Speeches / Publications | News

Speeches / Publications

Ms. Metcalf has authored the following publications and spoken at the following events:

Presenter, "Texas Law on E-Discovery 2012 Review," Women in E-Discovery group, Dallas (February 2013)

Presenter, "Texas Law on E-Discovery," Women In E-Discovery group, Dallas (January 2012)

Presenter, "Open Government Panel," Texas State Bar Conference, San Antonio (June 2011)

Presenter, "Document Preservation and Collection," Sponsored by Women in E-Discovery, Dallas (April 2010)

Presenter, "Document Retention and Destruction in Texas," Sponsored by Lorman Seminars, San Antonio (April 2009)

Presenter, "Document Retention and Destruction," Sponsored by Lorman Seminars, Dallas (December 2008)

Co-Presenter, "Roundtable on Internet Enforcement: WWW or Who What Where about Internet Enforcement," Sponsored by the International Trademark Association, Dallas (October 2008)

Co-Authored with John Jackson, "Cease and Desist Letters: Fraught with Peril," White paper (July 2008)

Co-Authored with John Jackson, "Federal Circuit Decision Strengthens Declaratory Judgment Plaintiff's Arsenal," White paper (March 2008)

Co-authored with Carl Butzer, "Federal Court Shifts ESI Cost Burden From Subpoenaed Non-Party," White Paper (July 2007)

Co-Authored with Carl Butzer, "For Humble, There's No Place Like Home's: Federal Court Holds That The Purchase of a Competitor's Protected Trademark as a Search Engine Keyword Can Constitute Trademark Infringement," White paper (December 2006)