Simone Nisbett

Business and IP attorney by day, long-time anime enthusiast and PC gamer by night—I get excited about all things "Contracts Litigation"!

While obtaining my B.S. in Business Administration, I began my career in the legal field by managing the pro bono volunteer program at Legal Services of North Florida, Inc. There, I handled case intake, drafted simple wills/advanced directives for attorney review, facilitated civil legal clinics, and managed pro bono hotline volunteers. I also served the Florida Bar Foundation Guiding Coalition on Pro Bono Transformation by consulting about policy and program implementation.

During my 1L summer, I ventured into the realm of private practice, starting with debt collection. Since starting at KMD early in my 2L year, I have been thrilled to handle many transactional and litigious matters including, but not limited to, the following:

IP and Entertainment
• Trademark and Copyright filings
• Trademark Litigation
• Media IP Assignments
• Movie Production Contracts

Business
• Operating Agreements
• Business Formation Filings
• Franchise Tax Report Filings
• Sale of Franchise
• Master Contract Drafting and Review (Design & Construction)
• Commercial/Residential Lease Drafting and Review
• Women-Owned Business Certifications
• Appraisal District Information Amendments

ADR and Litigation
• General and DTPA Demands
• Mediation
• Arbitration Submissions
• Pleadings & Discovery
• Injunctions
• Mechanic's and Materialman's Liens
• Subject Matters:
- Trademark Infringement
- Works-For-Hire
- Breach of Business Contracts
- Breach of Operating Agreements
- Non-compete Clauses
- Breach of Construction Contracts
- Residential Construction Defects
- Residential Boundary Line Disputes
- Corporate Debt Collection

• Free Consultation
  Free consultations are provided for up to 20 minutes and may include an overview of potential claims or strategies. Detailed legal advice and/or direction will not provided sans your engagement as a client.
• Credit Cards Accepted
  Visa, Mastercard, American Express, Discover, PayPal & Zelle.

Texas

State Bar of Texas

ID Number: 24134256

Since 2023

Business & IP Attorney

Kearney, McWilliams & Davis

2023 - Current

Litigation and IP Clerk

Kearney, McWilliams & Davis

2021 - 2023

Pro Bono Program Manager

Legal Services of North Florida

2018 - 2020

Texas Southern University Thurgood Marshall School of Law

J.D.

State Bar of Texas  # 24134256

Member

2023 - Current

Q. Can I use TV show audio clips on my podcast?

February 2, 2024

A: It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair use if your use is for criticism, comment, news reporting, teaching, scholarship, and/or research and the length of the clip played is rather short.

If you’re unsure whether you fall into the fair use category and you’d like to generate revenue with the podcast at some point, it may be best to obtain clearance for your use from the outset. Alternatively you may want to simply paraphrase the goings-on in your own words so as to avoid complication ... Read More

Q. Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

January 17, 2024

A: Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative stipulations to that timeline. In many instances, apartment complexes have required between 30-60 days notice from a tenant who wants to leave, even in an active lease.

Often times a leasing agent at the office should be able to quickly tell you what their policies are on move-out so you won’t have to guess. You’ll just want to make sure to ask (preferably a manager or someone reporting from a manager) via email or confirm via email if you have to ask them over the phone/in-person. ... Read More

Q. Can leave an indication in a legal document to circle the option that applies? "(partial/full) completion"

January 17, 2024

A: This type of language in a contract is technically acceptable. However, it may create issues down the road depending on the subject matter on the agreement, whether it’s related to a condition which impacts a party’s requirement to perform, or an array of other things. For a fuller assessment, you’ll want to consult with an attorney who practices in the area the contract covers about whether this language may leave you open to liabilities or potentially unforeseen circumstances.