Barclay Nicholson is a partner in the firm's Houston office, where he focuses his practice on energy and business disputes. He has represented a broad range of clients from among the largest of the Fortune 500 Companies to individual business owners. He has significant experience in handling energy related litigation and has represented some of the world's major oil and gas producing and refining companies as well as some of the nation's biggest drilling and E&P companies. Chambers USA noted Barclay is, "intelligent, good natured and more than capable of handling a large-scale case." 

Barclay serves on the firm's Shale and Hydraulic Fracturing Task Force and recently has authored numerous articles and given speeches both across the nation and internationally on this topic. Barclay also serves as the Editor of www.frackingblog.com, a blog devoted to hydraulic fracturing. 

Currently, Barclay serves as Chair of the Houston Bar Association's Litigation Section, which has more than 1,200 members.

Barclay has handled commercial cases that involve amounts exceeding one billion dollars. He has represented clients in numerous proceedings both in the United States (in federal and state courts) and abroad (in the LCIA, ICC, UNCITRAL and ICDR). Additionally, he has represented clients before various administrative and congressional oversight boards.

Prior to joining the firm, Barclay served as Briefing Attorney for Justice Alberto Gonzales of the Texas Supreme Court, who later served as the United States Attorney General. Barclay also served as Briefing Clerk for Chief Justice Thomas R. Phillips of the Texas Supreme Court.

Recent, significant litigation and arbitration activities include:

Energy Related Representations include:

• Litigation arising from multiple oil & gas leases and related service contracts
• Counseled companies regarding the disclosure of hydraulic fracturing fluids
• Dispute regarding Joint Operating Agreement between oil and gas operators
• Lawsuits involving claims of groundwater contamination due to hydraulic fracturing operations
• Major oil and gas drilling company in dispute regarding drilling operations
• British LNG provider in commercial dispute concerning multiple multinational JOA and PSA contracts pending before LCIA
• Major oil producer in ICC arbitration involving a failed merger
• Canadian oil and gas company in ICC arbitration dispute concerning West African offshore oil fields
• Major multinational producer and refiner in $500 million dispute with government over offshore oil rights
• Multinational oil producer and refiner over government related claims in ICC arbitration
• International gas company in multiple take-or-pay contract disputes
• Regional drilling and exploration company in well damage case in Texas State Court
• Local oil and gas exploration company regarding a deceptive trade practices action pending in Federal Court in Houston  

Commercial Litigation Representations include:

• Served as lead trial counsel for national newspaper in complex breach of contract and breach of fiduciary duty case in state court
• Small manufacturing business owner in a state court dispute regarding a buy-sell agreement
• Lead attorney for oil field equipment manufacturer in contractual business dispute regarding a buy-out agreement
• International law firm in a malpractice action
• Major media company in a wrongful death case
• Premises owner in a suit that involved catastrophic personal injury
• Prosecuted over 20 lawsuits on behalf of the City of Houston, as first chair attorney 

Construction Related Representations include:

• One of the world's largest oil and gas companies in construction dispute involving multinational EPC contract
• Regional pipeline company in AAA arbitration involving construction delay dispute, served as lead plaintiffs' attorney 
• National manufacturing company in bench trial in South Texas that resulted in a take nothing judgment and recovery on counter-claim

Intellectual Property Representations include:

• Fortune 500 Energy Company in a week long complex patent infringement jury trial in Federal Court for the Eastern District of Texas 
• Major media company as defendant in TV related technology matter in Federal Court for the Eastern District of Texas 
• International consumer electronics company in patent case involving MP3 players in Federal Court in Southern District of Texas
• International medical device manufacturing company in patent case involving surgical devices in Federal Court for the Eastern District of Texas

First Party Insurance and Bad-Faith Representations include:

• Fortune 500 Insurance Company in coverage and bad-faith lawsuits in state and federal court with exposure totaling over $250 million
• One of the world's leading insurance companies in a bad-faith trial lasting over four weeks in Jefferson Parrish, State Court in Louisiana
• Multinational insurance company against bad-faith claims brought in Federal Court in Missouri
• International insurance carrier in first party litigation case involving bad-faith claims arising out of excess insurance policy
• National insurance company in appeal involving contractual dispute between companies which resulted widely cited published court of appeals decision
• National insurance company in case of first impression that involved bad-faith; case was won at summary judgment and subsequently upheld at appellate level and published opinion has become widely cited as precedent 

• American Bar Association
  • International Energy & Natural Resources Committee, Vice-Chair (2011 - 2013)
  • Business Torts Litigation Committee, Committee Leadership (2011 - 2012)
  • Environment, Energy and Resources Section
  • Litigation Section 
  • Tort and Insurance Practice Section, Former Co-Chair
  • Continuing Legal Education Committee, Standing Committee Member 
  • Advisory Panel
• State Bar of Texas
  • Litigation Section
  • Oil, Gas & Energy Resources Section
  • Construction Section
  • Professional Liability Section
• Federal Bar Association  
• College of the State Bar of Texas (2006 - 2012) 
• Pro Bono College of the State Bar of Texas (2006 - 2012) 
• Houston Bar Foundation, Fellow
• Texas Bar Foundation, Fellow
• Houston Bar Association
  • Chair of the Litigation Section (2013 - 2014)
  • Chair-Elect of the Litigation Section (2012 - 2013)
  • Continuing Legal Education Committee (2011 - 2012)
  • Membership Committee (2011 - 2012)
  • Dispute Resolution Committee, Board of Director (2008 - 2010) 
  • Speakers Bureau Committee (2008 - 2009, 2011 - 2012)
  • Professionalism Committee (2007 - 2009)
  • Fee Disputes Committee (2006 - 2008) 
• Houston Young Lawyers Association
  • Bench Book Committee, Chairman and Editor-in-Chief (2005 - 2007)
• World Affairs Council of Houston
• Association of International Petroleum Negotiators
• The Institute for Energy Law
  • Member of the Advisory Board
• Independent Petroleum Association of America
• Energy & Mineral Law Foundation
• Rocky Mountain Mineral Law Foundation
• Texas Association of Defense Counsel
• Texas Supreme Court Historical Society
• New York State Bar Association
• Colorado State Bar Association

• "Texas Rising Star," Energy & Natural Resources, Thomson Reuters (2013)
• "Texas Top Rated Lawyer," LexisNexis Martindale-Hubbell (2013)
• Chambers USA (2011, 2012)
• Strauss Fellow, Next Generation Project Texas, LBJ School of Public Affairs, The University of Texas
• "Texas Rising Star," Commercial Litigation Law & Politics (2005 - 2010)
• "Houston's Top Lawyers," H Texas Magazine (2006 - 2009)
• Who's Who Among Executives and Professionals (2008 - 2011)
• Martindale-Hubbell rated as "AV^® Preeminent^™" with a rating of 4.8 out of a possible 5
• "Bar Register of Preeminent Lawyers," LexisNexis (2009)
• "Lawyer on the Fast Track," Commercial Litigation, H Texas Magazine (2004 - 2006)

Barclay has authored a number of articles on hydraulic fracturing litigation. He has also authored articles on other topics including: breach of contract damage issues, construction litigation issues, insurance coverage disputes, insurance bad faith and causation issues and international arbitration case studies. Barclay also has authored several articles for in-house legal departments.

Other publications include:

• Co-author, "New Drilling and Recycling Regulations Proposed for Fracking" International Law Office, November 5, 2012
• Co-author, "New Drilling and Recycling Regulations Proposed by Texas Railroad Commission Relating to Hydraulic Fracturing," Fulbright Briefing, October 4, 2012
• "Fracking's Alleged Links to Water Contamination and Earthquakes," ABA Section of Litigation Energy Litigation Committee, May 9, 2012 
• "Hydraulic Fracturing As a Subsurface Trespass," ABA Energy Committees Newsletter, Vol. 9, No.2, May, 2012
• Co-author, "Landowners Prevail in Dispute with Regulators Over Ownership of Under Ground Water," Powell Shale Digest, March 19, 2012
• "Courts Unclear when Fracturing is Subsurface Trespass," The American Oil & Gas Reporter, February 2012 
• "Fracing Focus Shifts to Water," Oil & Gas Investor, February 2012
• "Fracing Focus Shifts to Water," Unconventional Oil & Gas Center, February 8, 2012
• Co-author, "Department of Interior Releases Draft Rule of Well Stimulation," International Law Office, February 27, 2012 
• "States on Standby for Frack Rules," Energy Bisnow, February 24, 2012
• Co-author, "Department of Interior Releases Draft Rule of Well Stimulation," Fulbright Briefing, February 10, 2012
• Interviewed, "Analysis: Green Groups Find Success Fighting Shale Oil Boom," Reuters, December 27, 2011 also published on Yahoo! News, MSNBC
• "Trends Emerge on Hydraulic Fracturing Litigation," Oil & Gas Journal, December 5, 2011 Issue
• Co-author, "Texas Railroad Commission Adopts Hydraulic Fracturing Chemical Disclosure Rule, Effective February 1, 2012," Fulbright Alert, December 14, 2011
• Co-author, "Hydraulic Fracturing Studies Release Preliminary Plans and Initial Reports," Fulbright Briefing, November 15, 2011
• "Texas Passes Law Requiring Disclosure of Chemicals Used in Hydraulic Fracturing Fluid," The Houston Lawyer, September/October 2011
• Co-author, "Tracking Fracking Case Law: Hydraulic Fracturing Litigation," Natural Resources & Environment Magazine, Fall 2011
• Co-author, "Texas, Other States Move Forward With Hydraulic Fracturing Disclosure Regulations," Fulbright Briefing, October 13, 2011
• Co-author, "Analysis of Litigation Involving Shale & Hydraulic Fracturing," Fulbright White Paper, September 28, 2011
• Co-author, "Texas Supreme Court Issues Three Key Energy Opinions in August," Fulbright Briefing, September 15, 2011
• Author, "Key Issues Plague the Eagle Ford shale play in South Texas," Houston Business Journal, week of August 19-25, 2011
• Interviewed, "Examining Texas' Hydraulic Fracturing Disclosure Law," E&P Magazine, Hart Energy, August 2, 2011
• Co-author, "Texas Joins States Requiring Disclosure of Hydraulic Fracturing Fluids," International Law Office, June 27, 2011 
• Author, "Hydraulic Fracing: An Overview of the Issues," Trends in Energy Disputes 2011, Fulbright & Jaworski, June 8, 2011
• Co-author, "Texas Legislature Joins Growing Number of States in Requiring Disclosure of Hydraulic Fracturing Fluids," Fulbright Briefing, June 16, 2011  
• Co-author, "U.K. House of Commons Committee Urges Support for Shale Gas Extraction," Fulbright Briefing, June 6, 2011  
• Co-author, "Duke University Releases Study Reporting Methane Contamination in Areas of Natural Gas Extraction," Fulbright Briefing, May 11, 2011
• Co-author, "FracFocus Website Launched As Hydraulic Fracturing Chemical Disclosure Registry," Fulbright Alert - Shale and Hydraulic Fracturing Task Force, April 12, 2011
• Co-author, "Texas Supreme Court Defers to Railroad Commission's Interpretation of 'Public Interest' in Injection Well Permit Decisions," Fulbright Briefing, March 28, 2011  
• "Fracking and the Courts," Oil and Gas Investor, July 2010
• Harris County Bench Book
  • Editor in Chief, 2007
  • Editor, 2004 - 2006
• Contributing Writer, Property Loss Research Bureau, (PLRB/LIRB) First Party Litigation Manual, 2006
• Contributing Writer, Property Loss Research Bureau, (PLRB/LIRB), Claims Conference & Insurance Service Expo, 2004
• Co-author, The Fourteen Points: How to Prepare for Deposition or Trial Testimony in First Party Insurance Litigation, American Bar Association Annual Meeting, New York City, 2002

Barclay has given speeches on various topics at seminars and conventions as well as in the continuing legal education setting. Barclay has also given in-house presentations to oil and gas companies, construction companies and insurance companies in Houston, New York, London and Chicago on a number of topics including electronic discovery and attorney-client privilege issues in major companies.  

• Upcoming Program Co-Chair, Hydraulic Fracturing Conference, The Seminar Group, Bacara Resort & Spa, Santa Monica, California, February 8, 2013
• Upcoming Speech, "State and Local Regulations," CLE Austin Hydraulic Fracturing Conference, Austin, Texas, November 30, 2012
• Upcoming Speech, "Current Issues in Hydraulic Fracturing," Lorman Audio Conference, Intranet, November 13, 2012
• Upcoming Speech, "Hydraulic Fracturing," ABA Toxic Tort Committee, Mass Tort, New York, New York, October 29, 2012
• Upcoming Speech, "Where New Hydraulic Fractruing Techniques in Various Shale Plays Embrace New Regulations," Texas Alliance, October 17-18, 2012
• "Water Trading Markets for Oil and Gas," Water & Energy Upstream Supply & Demand Management Strategies, Houston, Texas, October 4-5, 2012
• "Overview of Current Developments Concerning Shale Gas and Hydraulic Fracturing,"  HAPL (Houston Association of Professional Landmen), Houston, Texas October 4, 2012
• "Overview of Current Developments Concerning Shale Gas and Hydraulic Fracturing," HalfMoon Seminars, Houston, Texas, September 20, 2012  
•  "Hydraulic Fracturing Litigation," In-House Presentation to ExxonMobil, Houston, Texas September 11, 2012
•  "Fracking – Rules and Regulations," 25th Energy Law Institute for Attorneys and Landmen Co-Sponsored with AAPL (American Association of Professional Landmen), AIPN (Association of International Petroleum Negotiators), HAPL (Houston Association of Professional Landmen), South Texas College of Law, Houston, Texas August 29-30, 2012
• "Hydraulic Fracturing Litigation," In-House Presentation to ExxonMobil, Fairfax, Virginia August 22, 2012
• "Hydraulic Fracturing: What Is It and Why Should You Care?" 20th Anniversary Conference on Arizona Water Law, Biltmore Resort & Spa, Phoenix, Arizona, August 9-10, 2012 
• "Water Pollution and Disposal Issues Related to Hydraulic Fracturing," Institute for Energy Law Conference on Shale Gas, Ft. Worth, Texas, June 6-7, 2012 
• Conference Co-Chair and Speaker, "Federal and State Update on Hydraulic Fracturing," Water Law Institute Conference on Hydraulic Fracturing Environmental Quality and America's Energy Future, St. Regis Hotel, Houston, Texas, June 7-8, 2012       
• "Hydraulic Fracturing: An Update on the Issues," Houston Bar Association Oil, Gas & Mineral Law Section, Houston, Texas, May 22, 2012 
• "What Estate Planners Need to Know About Oil and Gas Leasing"  Amarillo Area Estate Planning Council, Twenty-First Annual Institute on Estate Planning, Amarillo College of Business & Industry, May 3-4, 2012  
• "Hydraulic Fracturing – Are the Regulators Coming or Not?" Young Professionals in Energy International Summit, Las Vegas, Nevada, April 23-25, 2012
• "Hydraulic Fracturing on Trial: Possibilities, Pollution, and Preemption," Plenary Session of 41st Annual American Bar Association Conference on Environmental Law, Salt Lake City, Utah, March 22-24, 2012 
• "Hydraulic Fracking and Other Current Issues Impacting Oil & Gas Leases," 2012 Oil & Gas Conference of Texas Bankers Association, San Antonio, Texas, March 8-9, 2012    
• "Preparing for Your Deposition," 13th Annual Windstorm Insurance Conference, Orlando, Florida, January 30-February 2, 2012  
• "Hydraulic Fracturing and Shale Gas Update," Breakfast Club of Houston, January 11, 2012
• "Oil and Gas Leasing Disputes & Solutions: Best Practices for Avoiding Common Issues Arising from Hydraulic Fracturing (Fracking) Extraction Agreements,"  LexisNexis® Webinar, December 20, 2011
• "Shale Gas Plays: The Hotbeds," Gas Drilling Operations Conference, HB Litigation Conference, Dallas, Texas, December 13, 2011 
• Program Chair and Speech, "Litigation Arising from Various Lease Contacts and Oil and Gas Related Contracts," 13th Annual Energy Contract Management in Oil and Gas, Houston, Texas, December 5-6, 2011
• "Ten Things Everyone Should Know About a Current Oil & Gas Lease," Society of Louisiana Certified Public Accountants Oil & Gas Workshop, Lafayette, Louisiana, November 29-30, 2011
• "Water Issues in Oil and Gas Development: Fracking and Wastewater Disposal Issues," The Second Annual Conference on Tribal Water Law, Las Vegas, Nevada, October 27-28, 2011
• "EPA Announces Plans to Regulate 'Fracking'," Marketplace - American Public Media Radio Interview by Scott Tong, October 21, 2011
• "Next Generation Project Texas Energy Seminar,"  The Robert S. Strauss Center for International Security and Law, The University of Texas at Austin, October 20-21, 2011
• "Shale Gas: the Plays and the Playing Field," Fulbright Seminar, New York, New York, October 18, 2011
• "Ten Things Everybody Should Know About an Oil and Gas Lease," National Oil & Gas Royalty Conference, Houston, Texas, October 17, 2011
• "Overview of Fracking Law: a U.S. Perspective," Fraser Milner Casgrain Fracking Seminar, Calgary, Alberta, October 12, 2011
• "Fracking – Are the Regulators Coming or Not? A Review of the State of the Industry," 57th Annual Rocky Mountain Mineral Law Institute, Santa Fe, New Mexico, July 21-23, 2011
• "Shale Gas: the Plays and the Playing Field. The Transactional, Regulatory and Litigation Landscape," Fulbright & Jaworski Breakfast Seminar, The Houstonian Hotel, June 23, 2011
• "Hydraulic Fracking: An Overview of the Issues," Fulbright Forum: Trends in Energy Disputes 2011, June 7, 2011 
• "Gulf Oil Spill: Developments & Economic Losses for Claims," Property Loss Research Bureau, 2011 Claims Conference, Nashville, Tennessee, April 3-6, 2011
• "Case Law Update on Bad Faith Topics from Texas, Louisiana, Mississippi and Florida," 12th Annual Windstorm Insurance Conference, Houston, Texas, January 24-27, 2011
• "Effective Depositions," given at request of client, Vancouver, B.C., May 7, 2009
• "Update on Texas Bad Faith Law," given to client group attending State Bar of Texas Annual Meeting, Houston, Texas, June 26, 2008
• "Litigation Update on Construction Matters," given to a break out group attending 21st Annual Construction Law Conference, San Antonio, Texas, February 28, 2008
• "Construction Contracts Short Course for Board Members and Administrators," Texas Association of School Boards/Texas Association of School Administrators, Dallas, Texas, September 30, 2007
• "The Fourteen Points on How to Properly Prepare for Deposition," given at request of client, Chicago, Illinois, September 20, 2007 
• "Update on Recent Developments in Texas Regarding Construction Contracts," given at request of client, Vancouver, B.C., March 13, 2007  

1999 - J.D., magna cum laude, University of Houston
1995 - B.A., honors, The University of Texas

While in law school Barclay was Associate Editor of the Houston Law Review. He was also selected to be a member of the Order of the Coif and is also a member of the Order of the Barons. He is licensed to practice law in the State of Texas, the State of New York, the State of Colorado, and in the United States District Courts for the Southern, Northern, Western and Eastern Districts of Texas, as well as the Fifth Circuit Court of Appeals.

In his time away from the office, Barclay enjoys spending time with his wife and their three year old son. As a native Houstonian, he enjoys all outdoor activities. He especially enjoys bird hunting and fishing in Texas and Louisiana. Barclay is also an avid UT football fan and tries to make as many UT games as possible. Barclay is an amateur cook and wine collector and enjoys going out to eat and spending time with his friends and family.  

• Colorado
• New York
• Texas

Barclay happily serves as a Wish Grantor for the Make-A-Wish Foundation. In this capacity he tries to help pool resources to grant special requests or "wishes" to children with life threatening illnesses. Also, he is active with the Hobby Center and its Broadway Across America series and with Houston's Theater Under the Stars. Barclay also leads the firm's participation in the Houston Bar Association's Veterans Clinic. During these monthly clinics, held at the Houston VA Hospital, lawyers assist veterans with various legal issues on a pro bono basis. Because of these, and other efforts, for 2012 Fulbright was chosen for the Outstanding Large Firm Contribution to the Houston Volunteer Lawyers Programs. Barclay is also a member of the Rotary Club of West U and is a Paul Harris Fellow.