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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) where he was an Executive Editor of the Law Review. After law school, Nick clerked for the Honorable A. David Mazzone in the United States District Court in Massachusetts (1992-1993). He then joined Hale and Dorr (now Wilmer Hale) as a trial lawyer. Nick has recently been named a Massachusetts Super Lawyer in Boston Magazine. Only 5% of lawyers in Massachusetts receive that designation.
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 First Amendment.
Nick has successfully represented clients in class action lawsuits, personal injury matters, real estate 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 also has extensive experience representing developers, contractors, landlords, tenants and individual homeowners in real estate and construction disputes involving commercial and residential leases, construction agreements, easements, adverse possession, and real estate related Civil Rights claims.
Nick has successfully sued insurance companies who have resisted providing defense and indemnity coverage to his clients in litigation.
In 2010, during jury empanelment, 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. The trial had been scheduled to last 4-5 weeks.
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 G. Arrowood and Raymond P. Ausrotas of the firm, won the 10th largest jury verdict in the Commonwealth of Massachusetts 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 involved as an active member of the Episcopal Diocese of Massachusetts. He was elected by the Diocesan Convention and is currently serving a four-year term (2007-2011) on The Standing Committee of the Diocese. He also serves on the vestry of his church in Newton, and previously completed a three-year term on the vestry of his prior church in Cambridge.
Nick also has been a team leader in the Citizens School Apprenticeship Program and the James D. St. Clair Court Public Education Project, which trains disadvantaged middle school students in trial practice. He lives with his wife and two children in Newton, Massachusetts.
Nick is conversant in Spanish and French and uses these languages in representing non-English speaking clients.
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