Nicholas B. Carter

Biography

Nick Carter is a partner at Todd & Weld LLP. Nick has over 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, and has earned a top AV rating in Martindale-Hubbell from his peers.

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 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 has substantial experience successfully suing insurance companies who refuse to provide defense and indemnity coverage to his clients in litigation. Nick is currently representing various individuals in mass torts litigation.
 

Case Achievements

  • Obtained a $1.5 million jury verdict after two-week trial in federal court on behalf of a law enforcement official for job discrimination and defamation.
  • 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.
  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Languages

Nick is conversant in Spanish and French.

Expand All
  • Background
    • Todd & Weld LLP, 1997 to present
    • Hale and Dorr LLP, Boston, Massachusetts, 1993-1997
    • Law Clerk, U.S. District Judge A. David Mazzone, Boston, Massachusetts, 1992-1993
  • Professional Activities
    • Boston Bar Association
    • Massachusetts Bar Association, Access to Justice Section Council Member (2016-2017)
    • Trial Advisor to the Harvard Trial Advocacy Workshop
  • Publications / Lectures
    • Co-author, Discovery Motions chapter in Massachusetts Superior Court Civil Practice Manual, 3d ed. 2013, with 2015 Supplement (MCLE)
  • Awards / Achievements
    • Named to 2018 Best Lawyers in America in Commercial Litigation, August 2017
    • Named to 2017 Massachusetts Super Lawyers for General Litigation
    • Named to 2016 Massachusetts Super Lawyers for General Litigation
    • Named to 2015 Massachusetts Super Lawyers
    • Named a "2014 Massachusetts Super Lawyer" in New England Super Lawyers magazine in Boston Magazine, November, 2014
    • Named a "New England Super Lawyer" in Business Litigation in 2009-2013 editions of New England Super Lawyers magazine in Boston Magazine
    • AV Rating in Martindale-Hubbell
  • Civic & Charitable Involvement
    • Warden, Trinity Parish Newton (Episcopal), 2011-present
    • Vestry, Trinity Parish Newton (Episcopal), 2008-2011
    • Standing Committee, Episcopal Diocese of Massachusetts, 2007-2011
    • Member, Phillips Academy Alumni Council, 2007-2010
    • Vestry, Christ Church Cambridge (Episcopal), 2001-2004
    • Leader, Citizen School Apprenticeship Program and The James D. St. Clair Court Public Education Project, Fall 2001 and Fall 2002
^ Back to Top

Practice Areas

Related News