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Nicole Skolout’s practice focuses on complex civil litigation, with an emphasis in the areas of class action and securities litigation. Ms. Skolout has handled a variety of other matters, including commercial real estate and contract disputes and copyright infringement matters. She has represented clients in federal and state courts across the country and in investigations conducted by regulatory agencies.

Ms. Skolout has substantial experience defending clients in false advertising class actions brought by consumers. These cases have involved the assertion of claims in both federal and state courts under numerous state unfair competition, false advertising, warranty and consumer protection laws. She has defended clients in data breach and securities class actions and has represented clients in antitrust class actions.

In addition, Ms. Skolout has represented clients in investigations conducted by the Securities & Exchange Commission, Public Company Accounting Oversight Board and Federal Deposit Insurance Corporation, as well in securities fraud actions and professional negligence cases. In connection with these matters, she has addressed a variety of complex accounting and financial reporting issues relating to, among other things, loan loss reserves and other reserves, revenue recognition, stock options and internal controls.

Ms. Skolout has been actively involved in numerous pro bono matters and has served as a Board Member and Treasurer for Women Lawyers of Utah.

Representative Matters

• Rikos v. The Procter & Gamble Company
  Represent defendant in putative class action alleging false advertising of dietary supplement.
• Carrea v. Dreyer’s Grand Ice Cream, Inc.
  Represented defendant in putative class action alleging false advertising of dessert products, obtaining dismissal of entire complaint with prejudice; affirmed by the Ninth Circuit.
• In re Southeastern Milk Antitrust Litigation
  Represent class of Southeastern dairy farmers alleging antitrust violations relating to the artificial reduction of milk prices paid to dairy farmers.
• SEC investigation
  Represented audit partner of major accounting firm in investigation arising out of allegations concerning the accounting for loan repurchase reserves, resulting in no action being taken against the client.
• Christensen v. Michaels, et al.
  Represented Jillian Michaels and other defendants in putative class action alleging false advertising of a Jillian Michaels weight loss product.
• Vitesse Semiconductor Corp. v. KPMG LLP
  Represented major accounting firm in professional negligence action and arbitration involving more than ten years of audits.
• Forlenza v. Dynakor Pharmacal, LLC, et al.
  Represented manufacturer of dietary supplements and retailers in false advertising case, obtaining dismissal of all claims.
• In the Matter of Gemstar-TV Guide International
  Represented audit partner of major accounting firm in SEC investigation and administrative proceeding arising out of allegations relating to the improper recognition of revenue.
• Chavez v. Nestlé USA, Inc.
  Represented defendant in putative nationwide class action alleging false advertising of juice products.
• U.S. General, Inc. et al. v. Draper City et al.
  Represented master developer in suit alleging violations of the Sherman Antitrust Act, obtaining dismissal of all claims.
• In the Matter of Grant Thornton LLP’s Audits and Reviews of iMergent, Inc.
  Represented auditors in PCAOB investigation arising out of allegations relating to the improper recognition of revenue.
• Dysthe et al. v. Basic Research, LLC et al.
  Represented defendants in a putative nationwide class action alleging false advertising of dietary supplements.
• Morales v. Generix Laboratories, Inc.
  Represented defendant in a putative nationwide consumer class action alleging false advertising of a dietary supplement.
• Rocker v. SC&E Administrative Services et al.
  Represented major accounting firm in class action relating to allegedly tortious scheme involving the sale of vehicle service contracts.
• Masterfile Corporation v. Gale et al.
  Represented stock photography company in case involving claims for copyright infringement and intentional removal of copyright management information.
• Bahn v. Nestlé USA, Inc.
  Represented defendant in putative nationwide class action alleging false advertising of food products.
• DAE/Westbrook, L.L.C. v. Micron Technology, Inc.
  Represented plaintiff developer in dispute concerning development delays to a multimillion-dollar master planned community.
• D.J. Investment Group, L.L.C. et al. v. SunCrest Development Corp. et al.
  Represented developer and home builder in case involving alleged trespass of storm water flows.