Nicholas P. Honkamp

Senior Counsel

Overview

Nick Honkamp is a litigation attorney with Foley & Lardner LLP. He represents clients in complex litigation and class action lawsuits, arbitration, and government enforcement actions. Mr. Honkamp has successfully tried cases to judgment on behalf of his clients. While Mr. Honkamp represents clients across a number of industries, his practice focuses on the food and beverage, insurance and reinsurance, real estate, health club, and environmental sectors. Mr. Honkamp’s practice includes litigating contract and business tort actions, trade secret cases, bad faith claims, and claims arising under California’s unfair competition laws.

In addition to litigation, Mr. Honkamp also provides strategic guidance to clients on a wide range of business and compliance matters. This includes assisting clients with trade secret and anti-competition issues, hiring practices, fiduciary obligations, risk management, contract drafting and negotiation, due diligence, and environmental and regulatory compliance. With regard to compliance, Mr. Honkamp has in-depth knowledge of California’s environmental boards and regulations, including the California Air Resources Board and Proposition 65.

Education

Mr. Honkamp received his J.D. from the University of Wisconsin. While earning his law degree, Mr. Honkamp served as an intern with the Dane County Circuit Court, Branch 14, and the Wisconsin Department of Justice, Civil Litigation Division. He attended Marquette University where he graduated, magna cum laude, with a bachelor’s degree and was elected to Phi Beta Kappa.

Admissions

Mr. Honkamp is admitted to practice in California and Wisconsin.

Publications

  • "The Problem of Suspended Corporations in the Present Economic Downturn," Coverage Journal: ABA Insurance Coverage Litigation Committee (July/August 2010 issue), co-author.

Experience*

Real Estate

  • Advised clients on complicated commercial and residential real estate matters.
  • Represented clients in boundary disputes, unlawful detainer cases and litigation involving alleged contractual breaches (lease and purchase agreements), negligence, misrepresentation and fraud.
  • Notable Case - 2900 Lakeshore Drive LLC, et al. v. The Roman Catholic Bishop of Oakland, et al.: Obtained a complete defense judgment following four years of litigation and a month-long trial in a commercial real estate case with claimed damages of approximately $9 million; secured post-trial judgments awarding the client more than $2.25 million in attorneys’ fees and costs.

Business Counsel and Litigation

  • Assisted clients with risk management, company formation and acquisition issues, regulatory compliance, trade secret protection, copyright and trademark claims, enforcement of non-compete, non-disclosure, and employment agreements, fiduciary obligations, hiring practices, contract negotiation and drafting,  and issues concerning purchase and licensing agreements.
  • Performed due diligence on pending litigation in connection with large investments and acquisitions.
  • Advised clients on the hiring of individuals subject to non-compete and non-disclosure agreements.
  • Represented corporate clients served with third-party business records and deposition subpoenas.
  • Represented clients in brokering complex, pre-litigation multi-party settlements.
  • Represented clients in complex business disputes, including litigation involving alleged contract, tort, trade secret, fraud, interference, unfair competition negligence, and fiduciary duty claims.

Environmental

  • Assisted clients in bringing products and practices into compliance with state environmental regulations.
  • Successfully handled regulatory enforcement actions brought by the California Air Resources Board.

Insurance Industry

  • Advised clients on difficult first and third party insurance coverage issues.
  • Represented insurers in coverage litigation involving claims for contribution, subrogation, and bad faith.
  • Represented claimants in securing insurance coverage totaling $3.5 million.
  • Represented cedent in binding ARIAS reinsurance arbitration against reinsurer; obtained complete judgment in favor of cedent that awarded all damages requested plus interest and rejected reinsurer’s counterclaim.

Construction Industry

  • Prepared construction contracts and advised on project-specific insurance and indemnification issues.
  • Represented contractors in complex multi-party construction defect litigation.

*Certain of these matters occurred prior to Mr. Honkamp joining Foley & Lardner LLP.

Representative Matters

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Large contribution and indemnity action regarding underlying construction defect case; novel coverage issues raised; Foley team is lead defense counsel for Arch Insurance.