Nichols

Eric Nichols practices both civil trial and criminal law, and joined the Austin office of Butler Snow in 2019.  His background includes not only many years representing companies and individuals in private practice but also experience in both Texas state government and the federal government, having served as Deputy Attorney General for Criminal Justice for the Office of the Texas Attorney General, as an Assistant United States Attorney for the Southern District of Texas, and a law clerk to a federal judge. Eric is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a Fellow of the International Academy of Trial Lawyers.

• White Collar, Compliance & Government Investigations
• Commercial Litigation
• Government Relations
• Labor & Employment
• Tort, Transportation & Specialized Litigation

Pharmaceutical, Medical Device and Healthcare

Eric’s work for clients in civil and criminal cases has been profiled in and on, among other places, 60 Minutes, CNN, A&E, truTV, the National Law Journal, Texas Monthly, the Texas Lawyer, and local newspapers from across the country.

Eric has authored a number of publications on civil and criminal trial practice and procedure for treatises, legal journals, and law reviews, and he actively writes and lectures for various legal education programs and seminars throughout the United States.  His publications include a co-authored chapter on jury selection for the Thomson/Reuters treatise Business and Commercial Litigation in Federal Courts, now in its fifth edition.

• Trial practice currently involves a wide variety of trial and arbitration matters, including both criminal and civil trial matters. Criminal private practice experience has included matters related to securities, tax, government programs, health care, insurance, Foreign Corrupt Practices Act, internal corporate investigations, and defense of public officials and employees. Civil trial and arbitration experiences has included contractual disputes, business tort and fraud claims, intellectual property disputes, securities matters, employment claims, and personal injury and wrongful death claims. In private practice has continued to assist local Texas jurisdictions with criminal investigations and/or prosecution of particular cases as State’s attorney pro tem or as an appointed assistant prosecutor for a jurisdiction.
• As Deputy Attorney General for Criminal Justice for the Office of the Texas Attorney General, Eric oversaw the Texas Attorney General’s prosecutors, peace officers, and investigators in the investigation and prosecution of criminal matters, including prosecutions in the areas of violent crime, crimes against children, and white-collar crime, including cyber crimes, public corruption, and Medicaid fraud. He also oversaw the Attorney General’s programs to assist crime victims throughout the State and the Postconviction Litigation Division, which represents the State in federal proceedings that contest the validity of criminal convictions and sentences from Texas state courts. 
• As the Assistant United States Attorney for the Southern District of Texas, Eric prosecuted cases involving white collar crime (including health care fraud, business fraud, bankruptcy fraud, and labor fraud), violent crime (including firearms violations, bank robbery, and alien smuggling), drug cases, and appeals before the United States Court of Appeals for the Fifth Circuit. He served as Security Officer for District, achieving Top Secret security clearance. 
• As Law Clerk to Judge David Hittner of the United States District Court for the Southern District of Texas, Eric assisted with trial proceedings and motions practice. He participated in Continuing Legal Education programs as speaker and as draftsman of program materials.

• Fellow, International Academy of Trial Lawyers
• Fellow, American College of Trial Lawyers
• Chambers USA: America's Leading Lawyers for Business
  • Litigation: General Commercial (Texas), 2019-2024
• Martindale-Hubbell®
  • AV® -Preeminent™ Peer Review Rated
  • Top Rated Lawyer, White Collar Criminal Defense, 2013
• Austin Monthly
  • Top Attorney in Civil Litigation, 2024
• Benchmark Litigation
  • Local Litigation Star, 2018
• BL Rankings, The Best Lawyers in America®
  • Lawyer of the Year: Bet-the-Company Litigation (Austin), 2018
  • Lawyer of the Year, Criminal Defense: White Collar (Austin), 2014-2015, 2017
  • Bet-the-Company Litigation, 2016-2025
  • Commercial Litigation, 2006-2025
  • Criminal Defense: White Collar, 2014-2025
• Thomson Reuters Texas Super Lawyers®
  • Business Litigation, 2003-2009, 2014-2022, 2024
  • “40 Under 40” 2001
• Chair, Texas Board of Criminal Justice
  • Appointed by Governor Greg Abbott, 2020-2027
• Lawyer of the Year - Texas, Wall Street Journal, 2017
• Lawyer of the Year - Austin and San Antonio, Austin Monthly, 2017
• Top Rated Lawyer in Criminal Defense, American Lawyer Media, 2013
• Lone Star Prosecutor Award (for service to the state of Texas), Texas District and County Attorneys Association, 2010

• Texas, 1989
• U.S. District Courts
• Texas: Eastern, Northern, Southern, Western
• U.S. Court of Appeals
• 5th Circuit
• U.S. Supreme Court

• The University of Texas School of Law, J.D., with honors, 1989
  • Editor-in-Chief, Texas Law Review, 1988-1989
  • Outstanding Federal Practice and Procedure Note Award
  • Outstanding Second-Year Law Student Award
  • Member, Legal Research Board
  • Best Memo Award
• University of Virginia, B.A., with distinction, 1985
  • Editor-in-Chief, Cavalier Daily (student-run daily newspaper), 1984-1985
  • Echols Scholar
  • Dean’s List, 1982-1985
  • Omicron Delta Kappa
  • Raven Society
  • Student Leadership Council
  • Lawn Resident, 1984-1985

• American Board of Trial Advocates
• American Inns of Court, Barbara Jordan Inn (Founding Member)
• Fellow, Texas Bar Foundation
  • Sustaining Life Fellow
• Austin Bar Association
  • Civil Litigation Section
    • Director, 2011-2015
• Fellow, Austin Bar Foundation
• Texas Association of Defense Counsel
• Texas Association Criminal Defense Lawyers Association
• National Association of Criminal Defense Lawyers
• Austin Criminal Defense Lawyers Association

• Co-Author, Chapter 34 “Jury Selection,” Business and Commercial Litigation in Federal Courts, Thomson/West Publishing (4th ed. 2017) (1st ed. 1998).
• Co-Author, “ESI Discovery in Texas Criminal Practice,” Essentials of E-Discovery, State Bar of Texas Publications (2d ed. Forthcoming 2018) (1st ed. 2014).
• Speaker, “Perspectives From the YFZ Ranch: Seven Years Later,” Texas Attorney General’s Office, Austin, Texas, October 2015.
• Speaker and Author, “White Collar Crime: Criminal Side of Business,” State Bar of Texas CLE Business Disputes Course, Houston, Texas, September 2014.
• Speaker, “Dealing with the Media: When Your Case is Up Front and Center,” Texas Association of Defense Counsel 2014 Annual Meeting, San Antonio, Texas, September 2014.
• Speaker, “The Fundamentalist Church of Jesus Christ of Latter-Day Saints in Texas,” Mormon History Association National Conference, San Antonio, Texas, June 2014.
• Speaker, “Courts of Inquiry,” Austin Bar Association Civil Litigation Section, Austin, Texas, March 2013.
• Speaker, “Perspectives From the YFZ Ranch: Crossroads of the Constitution and Law Enforcement,” Teachers’ Law School, Austin, Texas, August 2010, 2011, 2012.
• Speaker, “Effective Use of Demonstrative Exhibits,” Texas Association of Defense Counsel Summer Conference, Destin, Fla., July 2012.
• Speaker and Author, “Lessons from the YFZ Ranch,” State Bar of Texas CLE Advanced Criminal Law Seminar, San Antonio, Texas, July 2012.
• Speaker and Author, “Perspectives from the YFZ Ranch: A Crossroads for the Constitution and Criminal Law,” State Bar of Texas Annual Meeting, Houston, Texas, June 2012.
• Speaker, “Electronic Evidence in Criminal Cases,” Texas Judicial College, Austin, Texas, April 2012.
• Speaker, “Right to an Impartial Jury: What Does That Mean?,” Bill of Rights: Hidalgo County Bar Association Criminal Law Conference, McAllen, Texas, February 2012.
• Speaker, “Lessons from the YFZ Ranch,” TEX-ABOTA Annual Summer Conference, Santa Fe, N.M., June 2011.
• Speaker, “When Child Victims Cannot Speak: Observations From the YFZ Ranch Cases,” Protecting Texas Children Conference, Houston, Texas, April 2010.
• Speaker, “Medicaid Fraud Enforcement: Investigation and Prosecution,” American Health Lawyers Association, San Francisco, Calif., July 2008.
• Speaker, State Bar of Texas Paralegal Section Annual Luncheon, Houston, Texas, October 2007.
• Author and Speaker, “Crawford v. Washington Update,” Texas Center for the Judiciary 2007 Criminal Justice Conference, Dallas, Texas, May 2007.
• Author and Speaker, “Walking the (Sometimes) Thin Line Between Civil Cases and Criminal Investigations” Houston Bar Association, Houston, Texas, May 2006.
• Author and Speaker, Garland Walker Inn programs, American Inns of Court, Houston, Texas, 2001-2007.
• Author and Speaker, “Arranging for the Joint Defense: White Collar Crime for the Civil Practitioner,” State Bar of Texas, Houston, Texas, November 2002.
• Author and Speaker, “Voir Dire,” Advanced Civil Trial Course 2002, State Bar of Texas, Houston, Texas, October 2002.
• Speaker, “The View from the Federal Bench: Practice Tips,” Advanced Civil Trial Course 2002, State Bar of Texas, Houston, Texas, October 2002.
• Author and Speaker, “Technology That Even a Lawyer Can Use,” Texas Association of Defense Counsel Annual Meeting, Dallas, Texas, September 2002.
• Author and Speaker, “Successful Strategies for Winning Commercial Cases in Federal Courts: Depositions,” Houston Bar Association, Houston, Texas, September 2002.
• Author and Speaker, “Federal Rules of Civil Procedure and Evidence,” Legal Assistant University, State Bar of Texas, Houston, Texas, September 2002.
• Author and Speaker, “Voir Dire,” Advanced Civil Trial Course 2002, State Bar of Texas, Houston, August 2002.
• Author and Speaker, “Updating the Summary Judgment Practice,” Collections, Consumer Law and Ethics Institute, Stromar Educational Services, Houston, Texas, May 2001.
• Speaker, “Winning Motions in Federal Court 2000,” The Rutter Group, Houston, Texas, June 2000.
• Author and Speaker, “Summary Judgment Update,” Creditor’s Rights Seminar, Stromar Educational Services, Houston, Texas, March 2000.
• Faculty Member, “1999 Trial Academy,” Texas Association of Defense Counsel, Houston, Texas, February 1999.
• Speaker, “Naturalization Ceremony,” Houston, Texas, December 1998.
• Speaker, “The New Discovery Rules and How They Change Your Practice,” Litigation and Trial Tactics Seminar, University of Houston Law Foundation, Houston, Texas, December 1998.
• Moderator, “Fifth Annual Judges’ Workshop: Impact of Jury Selection on Your Trial Verdict, A Federal and State Perspective,” PricewaterhouseCoopers, Houston, Texas, November 1998.
• Author and Speaker, “Summary Judgments,” Advanced Civil Litigation Seminar, University of Houston Law Foundation, Houston and Dallas, Texas, April 1998.
• Speaker, “Legal Malpractice Pitfalls,” Houston Bar Association, Houston, Texas, October 1997.
• Speaker, “Effective Use of Demonstrative Evidence,” Texas Association of Defense Counsel, Austin, Texas, September 1997.
• Moderator and Speaker, “Attorney-Conducted Versus Judge-Conducted Voir Dire: Merits and Mechanics,” Houston Bar Association Federal Practice Section, Houston, Texas, July 1997.
• Co-Author, “Federal Review of Capital Cases and Selected Batson Issues, Batson Challenges in Voir Dire (update),” New York State District Attorneys Association, New York, N.Y., March 1997.
• Author and Speaker, “Batson Challenges in Voir Dire,” Advanced Civil Trial Law Conference, South Texas College of Law, Houston, March 1995, 1995.
• Co-Author, “Jury Selection in Federal Civil Litigation (update),” National Pharmaceutical Litigation Conference, Pasadena, Calif., October 1995.
• Co-Author, “Jury Selection in Federal Civil Litigation (update),” Mississippi Chapter, Federal Bar Association, Jackson, Miss., June 1995.
• Co-Author and Speaker, “Jury Selection in Federal Civil Litigation,” Federal Civil Litigation Under the New Rules, University of Houston Law Center, Orlando, Fla., April 1994.
• Speaker, “Federal Rules Amendments and Other “Hot Topics”, The Rutter Group, Houston, Texas, November 1993.
• Author and Speaker, “The Application of Batson in State and Federal Criminal Trials,” Advanced Criminal Law Short Course, University of Houston Law Center, Dallas, Texas, October 1993.
• Author and Speaker, “The Expansion of Batson in State and Federal Criminal Trials,” Advanced Criminal Law Short Course, University of Houston Law Center, Houston, Texas, November 1992.
• Co-Author, “Jury Selection in Federal Civil Litigation: General Procedures, New Rules, and the Arrival of Batson,” 23 Texas Tech L. Rev. 407 (1992).
• Co-Author, “The Special Interrogatory in Intellectual Property Trials,” Intellectual Property Litigation in Technology Cases Institute, Prentice Hall Law & Business, New York, N.Y., October 1992.
• Co-Author, “Goals and Techniques in Attorney Jury Selection,” 1992 Institute for Corporate Counsel, The University of Southern California/Los Angeles County Bar Association, Los Angeles, Calif., March 1992.
• Editorial Assistant, Rutter Group Practice Guide: Federal Civil Procedure Before Trial – Fifth Circuit Edition (1992).
• Co-Author, “The Expansion of Batson in Civil and Criminal Litigation,” The Houston Lawyer, September-October 1991.
• Co-Author, “Jury Selection in Federal Civil Litigation (update),” Federal Civil Litigation Program, University of Houston Law Center, Dallas, Texas, July 1990, May 1991, July 1992, San Francisco, Calif., June 1991; July 1992.
• Speaker, “Saturday Morning in Court: U.S. District Court,” Houston Bar Association, Houston Texas, February 1990, January 1991.
• Co-Author, “The Jury Charge in Intellectual Property Law Cases,” Intellectual Property Law Institute, Austin, Texas, March 1990.
• Speaker, “Saturday Morning in Court: Practice in United States District Court,” State Bar of Texas, San Antonio, Texas, March 1990, Fort Worth, Texas, March 1991.
• Author, “Preserving Pro Se Representation in an Age of Rule 11 Sanctions,” 67 Texas L. Rev. 351 (1989).

• Grievance Oversight Committee of the Supreme Court of Texas
  • Chairman, 2018-Present