Shawn Nichols

Shawn Nichols, attorney in Sioux Falls

Shawn is an attorney specializing in banking matters, commercial transactions, and litigation.

He joined Cadwell Law Firm in 2003 and became a partner in 2007.

Shawn can be reached at snichols@cadlaw.com.

A bit more about Shawn

“Start-to-finish service”: that is how Shawn describes his practice. This description is backed up by an uncommon list of accomplishments in both transactional and courtroom matters. While a good majority of Shawn’s practice currently focuses on boutique banking matters for a national group of clients, Shawn’s resume includes substantial experience in consumer regulation, complicated commercial deals, real estate matters, business structuring, and some complex litigation for good measure. This wealth and depth of experience has shaped Shawn’s keen sense of strategic direction when helping clients navigate their legal needs.

Shawn’s clients frequently praise him for his dedication, confidence, creativity, and ability to serve as a “go-to” lawyer on a wide spectrum of legal matters. This praise is backed up by recognition from Super Lawyers, Martindale, and Chambers USA, the three leaders in evaluating and recognizing superior legal skill. Shawn is also a member of ABOTA, a super-selective group of experienced trial lawyers.

Shawn is admitted to practice in all South Dakota state and federal courts (including bankruptcy court), the Federal Courts in Missouri, Nebraska, and North Dakota, and the Eighth Circuit Court of Appeals.

Shawn has also appeared in and been admitted pro hac vice in Minnesota, Missouri, and Iowa.

Shawn is a lifelong resident of Sioux Falls. He currently serves on the board for Lifelight and the regional chapter of the Fellowship of Christian Athletes. Shawn and his wife Gina have three children, Jocelyn, Noah, and Finley. Outside of family and his legal career, Shawn's hobbies include fishing, soccer, and all things Nebraska Cornhuskers. Shawn is also an avid musician.

Shawn’s practice highlights

Banking

– Worked with a number of financial institutions and servicer in the development of third-party lending programs, including setup, teardown, and everything in between (compliance, contracts, oversight and true creditor strategies, risk evaluation, state investigations, regulatory examination, customer litigation, and contract disputes with counterparties)

– Presented or represented clients on matters involving regional banking regulators, several state regulators, and the Board of Governors for the Federal Reserve

– Negotiated and drafted 100+ contracts with third-party service providers

– Managed loan workouts, drafted loan agreements, and provided general collection and collateral advice for several community banks

Commercial transactions

– Worked on several seller-financed asset, real property, and stock purchase agreements

– Drafted and negotiated dozens of master service agreements between oil and gas companies

– Developed cost recovery contracts for some of the largest residential developers in Sioux Falls

– Created several joint-venture entities and underlying development agreements spelling out shared responsibilities

– Drafted dozens of real estate purchase agreements with complex, multi-layered contingencies

– Prepared subscription agreements and preferred unit LLCs as part of three separate apartment complex developments

– Represented client on the sale of several hotels

– Drafted a master service agreement for subcontractors engaged to build hotels

– Incorporated and transitioned 20+ owners’ associations

– Conceptualized condominium project under South Dakota real estate law for commercial storage unit

– Managed HUD-backed mortgage endorsement process for several residential condominium projects

– Drafted deeds, easements, assurance agreements, and other documents associated with titles

Litigation

– Pressed clients’ causes to verdict in 25+ jury trials (all first chair), 50 court trials, and 20+ appeals to state and federal appellate court

– Has representative experience including several 4-plus-day federal jury trials involving multimillion dollar commercial disputes; a monthlong, multiparty civil trial in Minnehaha County, SD; multiple injunction trials involving commercial and financial matters; plaintiff’s verdicts on multiple personal injury cases; a felony acquittal in only criminal trial; and over $10 million in recovery for clients on catastrophic injury and death claims

– Facilitated countless motion hearings

  • – Cadwell Sanford Deibert & Garry, Partner (2007–Present)

    – American Board of Trial Lawyers (2015)

    – ABA Member; Second Circuit Bar; Law Clerk, Second Judicial Circuit of South Dakota (2002–2003)

    – Editor in Chief, South Dakota Law Review (2001–2002)

  • – University of Nebraska, Lincoln (B.J., with distinction, 1999)

    – University of South Dakota (J.D. 2002)

  • – South Dakota (All Courts)

    – Nebraska Federal Court

    – North Dakota Federal Court

    – Missouri Federal Court (Eastern District)

    – Eighth Circuit, U.S. Court of Appeals