Nischay Bhan assists clients across various industries in navigating intricate civil litigation, dispute resolution, and arbitration matters, including those related to design and construction, energy, trade secrets, and insurance matters.
Nish possesses particular experience in construction law. He has counseled owners and sponsors, as well as contractors, involved in a full spectrum of major commercial projects, including utility-scale power plants, cryptocurrency, multifamily, and office towers. Nish has advised on disputes arising at every stage of development, including breaches of contract, delay claims during the performance of work, indemnity and warranty disputes, site conditions, and defective work claims. As an advisor to significant energy generation clients, including the sponsors of some of the largest nameplate wind and solar power projects in the United States, Nish has a track record for obtaining value for clients on stalled projects. He has negotiated with the issuers of surety bonds to ensure completion of work, counseled clients both burdened by and benefitting from mechanics’ liens in multiple jurisdictions, and crafted strategies leading to significant insurance recoveries for damaged clients.
In addition to construction, Nish has notable experience representing clients in the energy space and adjacent industries (such as chemicals and manufacturing) in defending or prosecuting high-stakes commercial matters, including trade secret and confidential information claims, contract breaches, and insurance disputes.
Nish advocates for clients using skills learned as the lead litigation associate in trials and contested hearings involving an aggregate amount at stake in excess of $1 billion. Nish has taken and defended numerous depositions, crafted and argued persuasive motions, and prepared or examined key witnesses at trials, arbitration hearings, and other contested matters. He also has significant appellate experience, arguing as lead counsel in proceedings before the United States Court of Appeals for the Fifth Circuit. Nish’s focus on advocacy extends to various dispute resolution avenues, including mediation and motion practice, allowing him to deliver solutions for his clients in the most efficient manner allowed by the facts.
Actively involved in pro bono work, Nish concentrates on immigration and constitutional matters. He annually presents on deportation defense at the University of Pennsylvania Law School, where he also served as an associate editor on the University of Pennsylvania Journal of Business Law during law school. Prior to joining Baker Botts, he gained valuable experience as a judicial intern for the Honorable Ravi K. Sandill of the 127th District Court in Harris County, Texas.
