Nicole Skolout

Nicole Skolout

Practice Areas

Education

J.D., University of Utah College of Law, 2004, Utah Law Review, Staff Member
B.A., University of California, San Diego, 2001, magna cum laude

Admissions

Utah
California
U.S. District Court, District of Utah
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of California

Professional Activities

Women Lawyers of Utah, Past Treasurer & Board Member

Publications

“Consider Filing Early Motions to Strike Class Allegations,” Law360 (Jan. 8, 2014)

Nicole Skolout’s successful client representation spans courts across the country and a breadth of civil litigation matters. Her success results from her ability to quickly grasp the issues at hand and fashion a strategy uniquely tailored to her clients’ needs. She has litigated contract disputes, securities cases, class actions, false advertising claims, and antitrust and competition matters extensively. Nicole has also handled a myriad of other civil litigation matters, including copyright infringement, data breach cases, and land development disputes.

On the defense-side, Nicole has obtained dismissal of many matters at the pleading stage, or narrowed the scope significantly early in the litigation through targeted motion practice. On the plaintiff-side, Nicole’s significant cases have resulted in multimillion dollar jury verdicts and settlements on behalf of clients. By representing both plaintiffs and defendants in a variety of legal matters, Nicole knows how to skillfully develop a strategy to help her clients achieve their goals.

In addition to representing clients in court, Nicole also represents clients in investigations by regulatory bodies, including the Securities & Exchange Commission, Public Company Accounting Oversight Board, and Federal Deposit Insurance Corporation. Obtaining the assistance of an attorney like Nicole at this early stage can often help clients avoid litigation all together and head off future legal problems.

Having also served as a career law clerk for several magistrate judges in the District of Utah, Nicole has in-depth knowledge concerning the intricacies and practices of federal courts, and is well-versed in federal civil procedure, discovery disputes, and a variety of other areas of civil litigation, including employment law and civil rights litigation. This knowledge and experience enable her to navigate the federal court system efficiently, saving her clients time and money.

Nicole’s career began at a boutique litigation firm in Salt Lake City. Her common-sense approach to litigation and skillful application of the law to the facts of the case in front of her led her to large national and international firms in Los Angeles and Salt Lake City, including Baker & Hostetler LLP and Howrey LLP. Now she brings that level of practice to her clients in a small firm setting. Nicole puts her clients at ease and helps them navigate challenging legal disputes.

Representative Experience

  • Represented plaintiff engineering company throughout case and at trial regarding a breach of contract arising out of explosion at the defendant’s food manufacturing plant. Team obtained largest jury verdict in Nebraska state court history ($108.9 million). The Nebraska Supreme Court affirmed.
  • Represented class of dairy farmers in multidistrict class action alleging Sherman Antitrust Act violations relating to the artificial reduction of milk prices paid to dairy farmers. Obtained settlement shortly before trial, providing substantial monetary relief and structural relief for the dairy farmers and significantly impacting the operation of the dairy industry in the Southeast United States. The settlement was the largest antitrust settlement ($303 million) ever reached in the Eastern District of Tennessee.
  • Represented audit partner of major accounting firm in a securities investigation arising out of allegations concerning the accounting for loan repurchase reserves, resulting in no action being taken against the client.
  • Defended food and beverage company in putative nationwide class action filed in the Northern District of California alleging false advertising of dessert products. The court dismissed the complaint with prejudice at the pleading stage, and the Ninth Circuit affirmed.
  • Represented consumer products company in a putative class action filed in the Southern District of Ohio alleging false advertising of over-the-counter cold and flu relief products. The court granted the company’s motion to strike the class allegations, finding that no class could be certified. The plaintiffs subsequently dismissed the lawsuit with prejudice.
  • Defended master developer in a suit filed in the District of Utah alleging violations of the Sherman Antitrust Act. The court dismissed all claims at the pleading stage.
  • Represented stock photography company in case alleging copyright infringement and intentional removal of copyright information. Obtained significant monetary judgment and permanent injunctive relief on behalf of client.