Biography
Brad Nitschke is a business disputes and trial lawyer whose clients look to him for pragmatic and cost-effective solutions to business problems, whether by preventing a dispute from developing into litigation or enforcing a client’s rights in the courtroom. Like many of his clients, Brad sees business litigation as a legal tool to address business challenges, and leverages his deep knowledge of Texas business law and his experience as an advocate to help clients chart a strategic course from problem to solution.
Brad is first and foremost a business lawyer, and serves as a strategic partner and resource to clients across a number of industries. With particular experience serving clients across the healthcare industry, Brad frequently represents healthcare clients in contract disputes with vendors and suppliers, litigates real estate disputes involving healthcare facilities, and—working closely with Jackson Walker’s healthcare regulatory attorneys—helps clients analyze the potential risks of proposed business decisions. Brad also has extensive experience representing banks, other institutional lenders, and financial services firms in claims arising under loan documents, customer agreements, and the Uniform Commercial Code.
A partner in both Jackson Walker’s Litigation and Special Investigations practices, Brad is also equipped to help clients navigate the wave of complex issues that begins to build the moment a problem or dispute arises. Clients faced with a challenge that demands immediate attention count on Brad to quickly identify key facts to determine what really happened, develop a communications plan that keeps in mind both civil courts and the court of public opinion, and develop and implement a path forward that addresses core problems while laying the groundwork for future litigation. Brad’s crisis management experience includes serving as Chair of Jackson Walker’s COVID-19 Task Force, which leveraged the full breadth of the Firm’s multidisciplinary legal knowledge to help clients mount a comprehensive response to the moving targets of pandemic-related government regulations, public health guidance, and litigation trends.
Brad has tried cases to verdict in state and federal courts, and has particular experience in investigations and crisis response involving healthcare compliance issues, financial improprieties, and sexual misconduct.
Education
B.A., Texas A&M University
J.D., University of Texas School of Law
Bar Admissions
Texas, 2007
Court Admissions
United States Court of Appeals for the Fifth Circuit
Supreme Court of Texas
United States District Court for the Eastern, Northern, Southern, and Western Districts of Texas
- “Texas Rising Star,” Super Lawyers – Rising Stars by Thomson Reuters, 2014-2021
- “Best Lawyers Under 40,” D Magazine, 2020-2021
- Life Fellow, Texas Bar Foundation, 2019
- Fellow, Dallas Bar Foundation, 2019
Publications
- “Managing Workplace Medical and Legal Risks Amid the COVID-19 Pandemic,” Currents – The Corporate Counsel Section Newsletter, Volume II, Issue 3 (September 2020)
- “No One-Size-Fits-All Rules for Business in the Pandemic,” The Texas Lawbook (July 2020)
Speaking Engagements
- “COVID-19 and Constitutional Rights,” Globalaw Webinar (July 2020)
- “Keeping the Doors Open: Managing Workplace Medical and Legal Risks in the Pre-Vaccine Era,” Jackson Walker Webinar (July 2020)
- “COVID-19: Returning to Work,” Jackson Walker Webinar (May 2020)
In the News
- “Federal judge strikes down eviction moratorium,” FOX 26 Houston (May 2021)
- “Attorneys: Texas businesses can still require patrons, employees to mask up,” Houston Business Journal (March 2021)
- “As Companies Contemplate a Return to the Office, Legal Questions Arise on Safety,” CoStar News (February 2021)
- “Growing COVID Litigation Trend: Texas Businesses Suing Governments Over Shutdowns,” Texas Lawyer (July 2020)
- “Coronavirus-Related Lawsuits Keeping Texas Courts Busy,” CBS 11 Dallas/Fort Worth (July 2020)
- “Do Restaurants Have to Tell You When an Employee Tests Positive for COVID-19?” NBC 5 Dallas-Fort Worth (June 2020)
- “Prayer services during a pandemic: Why some churches stay open,” The Christian Science Monitor (April 2020)
Fast Takes Podcast
- “What Governor Abbott’s Executive Order on Masks and Occupancy Means for Texas Businesses” (March 2021)
- “What Health Care Providers and Facilities Should Know About the PREP Act’s ‘Covered Countermeasures’” (February 2021)
- “What No Statutory COVID Immunity Means for Businesses” (December 2020)
- “The Holiday Workplace During COVID-19” (November 2020)
- “Legal and Logistical Questions Raised by the CDC’s Residential Evictions Moratorium” (September 2020)
- “What New Statewide and Local Restrictions Mean for Texas Businesses” (June 2020)
- “What Governor Abbott’s Executive Order Means for Texas Businesses” (April 2020)
In addition to helping lead Jackson Walker’s diversity and inclusion efforts as a member of the Firm’s Diversity Committee, Brad’s leadership extends outside of Jackson Walker to a number of community organizations. Brad serves as Vice President of the board of the City of Dallas Housing Finance Corporation, which finances affordable housing in Dallas; Chair of the Finance Committee of the board of directors of Forefront Living, a nonprofit and faith-based senior living, home health care, and hospice provider; and a board member of the Equality Texas Foundation. He is a past board member of the Oak Cliff Chamber of Commerce, for which he chaired a number of committees, and of the Dallas Domestic Violence Legal Help Center.
Brad is a member of the American Health Lawyers Association’s Litigation and Fraud and Abuse Practice Groups, the National LGBT Bar Association, the Leadership Dallas Class of 2017, and the Dallas Association of Young Lawyers Leadership Class of 2011.