Nicholas B. Carter

Biography

Nick Carter knows his way around the courtroom.  With over two decades of trial experience in state and federal courts, his successful courtroom advocacy has led to multiple seven-figure jury verdicts for clients.  A partner at Todd & Weld LLP, Nick's litigation practice also encompasses successfully representing clients before administrative agencies and in arbitration.

His strong record of litigation success in a vast array of matters includes complex business disputes, employment discrimination claims, elder exploitation and financial fraud claims, and real estate disputes.  Nick's track record has earned him high regard in the trial bar, as exemplified by his selection to Best Lawyers in America for commercial litigation, which selection is based on peer-review evaluations.  He has been frequently named to Massachusetts Super Lawyers for general litigation.

Nick's representative accomplishments include:

Employment Discrimination

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

Employment Law

  • Obtained a defense verdict after federal trial on behalf of a closely held corporation, defeating a $5 million claim for additional insurance benefits by a senior executive.
  • Persuaded an arbitrator to enforce a 10-year non-solicitation and non-disclosure agreement on behalf of his clients.
  • Successfully defended a group of medical device sales representatives against a major medical device manufacturer, which sought a preliminary injunction to prevent the individual sales representatives from joining a competitor.

Elder Abuse/Financial Fraud

  • Obtained a $4.4 million jury verdict in state court on behalf of two estates seeking the return of inheritance money in an investment account, where the jury found that a financial advisor and a deceased man's nephew had conspired to secretly divert the account funds; the jury awarded significant punitive damages.

Business Litigation

  • After a week-long trial in state court, obtained a verdict in favor of his client that required a company to purchase a business subject to a signed $1.4 million purchase and sale agreement.
  • During empanelment for an anticipated 4-5 week jury trial, 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.

Insurance Coverage

  • Prevailed in a complex insurance coverage dispute against an insurance company on behalf of a restaurant franchisee, who faced more than $4 million in exposure relating to catastrophic personal injuries suffered on the business premises.

Premises Liability

  • In a rare Bristol County Superior Court verdict for a plaintiff, persuaded a jury to find for his client against a nightclub where his client had been assaulted.

Religious Institution Litigation

  • In a case related to the control of a Beacon Hill church and its $30 million building, persuaded a judge to rule that the senior pastor and one church faction had wrongfully seized control of the church in violation of the Church's bylaws, which ruling led to a successful, global settlement of pending claims and counterclaims in federal and state court.
  • In related litigation, persuaded the Supreme Judicial Court to uphold the ownership rights of the Beacon Hill church after it disaffiliated from the national organization of Swedenborgian churches.

Real Estate Litigation

  • After a year of intense litigation, successfully resolved a commercial landlord-tenant dispute on behalf of the developer/landlord who had 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.

Personal Injury

  • Following a six-week jury trial, obtained a $2 million verdict on behalf of a physically abused 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.

Nick is conversant in Spanish and French.

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  • 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
    • MCLE, Panel Moderator, "Religious Organization Law," February 2019
    • Co-author, Discovery Motions chapter in Massachusetts Superior Court Civil Practice Manual, 3d ed. 2013, with 2015 Supplement (MCLE)
  • Awards / Achievements
    • Named to 2019 Best Lawyers in America in Commercial Litigation, August 2018
    • Named to 2018 Best Lawyers in America in Commercial Litigation, August 2017
    • Named to 2018 Massachusetts Super Lawyers for General Litigation
    • 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
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