Nick Carter is a partner at Todd & Weld LLP. Nick has nearly two decades of trial experience in state and federal courts, before administrative agencies and in arbitration. Nick graduated from Harvard College (magna cum laude, 1987) and Boston College Law School (magna cum laude, 1992). After law school, Nick clerked for the Honorable A. David Mazzone in the United States District Court in Massachusetts (1992-1993). Nick has frequently been named a Massachusetts Super Lawyer in Boston Magazine.
Nick has successfully tried numerous cases and represented companies and individuals in a wide variety of matters, including complex business disputes involving claims of shareholder freeze-out, breach of fiduciary duty, breach of contract, fraud, unfair and deceptive business practices, RICO, false advertising, franchise disputes, wrongful termination, employment discrimination, non-compete and non-solicitation agreements, misappropriation of business information and assets, antitrust, ERISA, and defamation.
Nick has substantial experience successfully suing insurance companies who refuse to provide defense and indemnity coverage to his clients in litigation.
Nick also has successfully represented clients in class action lawsuits, personal injury matters, real estate and construction disputes, products liability claims, and criminal defense, as well as claims against trustees for breach of fiduciary duty, negligence and to disgorge trust assets. Nick is currently representing various individuals in mass torts litigation.
Nick recently prevailed in a complex insurance coverage dispute against the insurance company on behalf of his client, a restaurant franchisee, who faced more than $4 million in exposure relating to catastrophic personal injuries suffered on the business premises.
In 2012, Nick successfully defended a number of medical device sales representatives against their former employer, a major medical device manufacturer, which sought a motion for preliminary injunction to prevent the individual sales representatives from joining a competitor. After hearing, the Court denied the company's preliminary injunction motion.
In 2010, during empanelment for a 4-5 week jury trial, Nick successfully settled a complex business dispute on behalf of his clients - a network of closely held family owned companies, the founder and the majority shareholders - who sought the return of more than $2 million in compensation after the former President and Director breached his fiduciary duty to the company. The former officer sued for stock freeze-out, wrongful termination and defamation.
In 2009, Nick defeated a $5 million claim for additional insurance benefits by a senior executive against his client, a closely held corporation. The case was tried in federal court in Boston.
In 2009, he won a jury verdict in a premises liability case against a nightclub where his client had been assaulted - a rare plaintiff's verdict in Bristol County.
In 2009, he won an arbitration before an AAA arbitrator in Boston. After hearing, the arbitrator enforced a 10 year non-solicitation and non-disclosure agreement on behalf of his clients.
In 2008, after an evidentiary hearing, Nick prevailed on a motion for preliminary injunction in a case in which the control of a Beacon Hill church and its $30 million building were in dispute. The Court held that the senior pastor and one church faction had wrongfully seized control of the church in violation of the Church's by-laws. After this decision, Nick's clients were able to reach a successful, global settlement of then pending claims and counterclaims in federal and state court.
In 2007, after three years of litigation in federal and state court, Nick prevailed in defense of the same Beacon Hill church in its dispute with a national organization of Swedenborgian churches with which it had been affiliated for more than 200 years. The Supreme Judicial Court upheld the ownership rights of the Beacon Hill church to its $30 million building after the church disaffiliated from the national organization. In a related lawsuit, Nick successfully represented his clients in an investigation by the Massachusetts Attorney General's Office.
In 2007, after a year of intense litigation, Nick successfully resolved a commercial landlord-tenant dispute on behalf of the developer/landlord who sued to enforce the 15 year/$5 million lease agreement after the prospective tenant refused to take occupancy of the building claiming deficiencies in the landlord's fit-out of the building. As a result of the lawsuit, the tenant assumed occupancy of the building.
In 2006, Nick, together with Lisa Arrowood and Raymond Ausrotas, won the 10th largest jury verdict in the Commonwealth of Massachusetts that year in a case involving the physical abuse of an autistic child against a school's medical director and various administrators who had failed to supervise the child's teachers, and against the several teachers who had committed the abuse. The $2 million judgment was recovered following a six-week jury trial.
Nick has been a Trial Advisor to the Harvard Trial Advocacy Workshop since 2005.
Nick is conversant in Spanish and French.
16 Todd & Weld Attorneys Named New England Super Lawyers or Rising Stars in Super Lawyers Magazine
Nicholas Carter and Carole Cooke Defeat Claims to Force Sale of Beacon Hill Apartment Building
Todd & Weld Attorneys Successfully Defend Non-Compete Preliminary Injunction Sought Against Clients
Todd & Weld Attorneys Obtain Favorable Federal Court Ruling for Client Denied Defense by Insurer
Half of Todd & Weld Attorneys Named 2010 "New England Super Lawyers"
Nicholas B. Carter panelist at CLE Seminar “Internet Evidence: Finding It & Getting It Admitted.”
Appeals Court Affirms Todd & Weld's Successful Defense Verdict
Ten Attorneys from Todd & Weld LLP Named "Massachusetts Super Lawyers"
Todd & Weld Successfully Defends $30 Million Church Property Dispute
Todd & Weld Secures Four of the Top Massachusetts Verdicts and Settlements in 2006
$2M Personal Injury Verdict
Legal Malpractice Defense Verdict