Nicholas B. Carter

• Business Litigation
• Employment Law and Litigation
• Civil Rights Litigation
• Personal Injury
• Class Action/Mass Tort Litigation

Business Litigation

• After a week-long trial, 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.

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.

Employment Litigation

• Persuaded a Massachusetts Superior Court judge to deny the request of a salesman for a class action arbitration against his former auto dealership employer.
• Secured 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.
• Secured a significant settlement for clients asserting race and gender discrimination claims against a municipal entity.

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

• Persuaded a Massachusetts Superior Court judge to deny a hotel operator’s preliminary injunction request in a lease dispute based on the operator allowing the property to fall into disrepair.
• Obtained a $1.4 million arbitration award on behalf of a seller in a dispute over the thwarted sale of a Rhode Island nursing home.
• Following a four-day bench trial, obtained a judgment requiring the sale of a Dunkin' Donuts franchise location to their clients.

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.

• 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

Education

• Boston College Law School (J.D., magna cum laude, 1992)
• Harvard University (B.A., magna cum laude, 1987)

Bar Admissions

• Massachusetts (1992)
• Maryland (1993)
• U.S. Court of Appeals, First Circuit (1992)

• Boston Bar Association
• Massachusetts Bar Association, Access to Justice Section Council Member (2016-2017)
• Trial Advisor to the Harvard Trial Advocacy Workshop

• MCLE, Panel Moderator, "Religious Organization Law," February 2019
• Co-author, Discovery Motions chapter in Massachusetts Superior Court Civil Practice Manual, 6th ed. 2023 (MCLE)

• Named to Best Lawyers in America in Commercial Litigation, 2018-2024
• Named to 2021 Super Lawyers Top 100 Attorneys in Massachusetts
• Named to Massachusetts Super Lawyers for General Litigation, 2009-2023
• AV Rating in Martindale-Hubbell

• Warden, Trinity Parish Newton (Episcopal), 2011-2017, 2021-present
• Member, Board of Directors, Haiti Projects
• Vestry, Trinity Parish Newton (Episcopal), 2008-2011
• Standing Committee, Episcopal Diocese of Massachusetts, 2007-2011