Nicole J. Benjamin

Nicole J. Benjamin: Attorney with Adler Pollock & Sheehan P.C.

Biography

As a litigator with more than a decade of experience, Nicole helps businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.

Nicole has represented public and private companies, state departments, general officers and municipalities in high-stakes litigation ranging from contractual disputes to the defense of business tort, toxic tort, fraud, employment and constitutional claims. Her cases also have included litigation related to mergers and acquisitions, securities laws, intellectual property and banking laws.

Nicole places great emphasis on the efficient management of complex litigation and uses cutting-edge technology to serve her clients in all aspects of a case, from pre-suit to trial.

In addition to her trial court practice, Nicole handles appellate matters utilizing her previous experience as lead law clerk to the Honorable Frank J. Williams during his tenure as Chief Justice of the Rhode Island Supreme Court. She also is the author of the blog On Appeal: The AP&S Appellate Law Blog.

The Latest

•11.20.18 / News

Nicole Benjamin Appointed to Board President of Women’s Resource Center

•10.18.18 / News

AP&S Attorneys Named 2018 Super Lawyers and Rising Stars

•10.16.18 / Events

Nicole Benjamin Presents at RI Bar Association Seminar

•08.15.18 / News

27 AP&S Attorneys Selected for 2019 Edition of Best Lawyers in America

Honors

•Selected by her peers for inclusion in the 2019 edition of The Best Lawyers in America in the field of Commercial Litigation.
•Recognized in the Up and Coming category of the 2015 and 2016 Chambers USA America’s Leading Business Lawyers in the area of Litigation: General Commercial.
•Named Rhode Island Rising Star 2012 - 2018, by the publishers of Super Lawyers.
•Named 40 Under Forty by Providence Business News.
•Recipient of the 2017 Rhode Island Bar Journal Lauren E. Jones, Esq. Writing Award.
•Recipient of the Roger Williams University School of Law 2016 Alumni Service Award.
•Magna cum laude graduate of Roger Williams University School of Law and the University of Rhode Island

In the Community

•Board of Directors, Roger Williams University School of Law (2014 - present).
•Secretary, Board of Governors, Leadership Rhode Island (2014 - present).
•President, Board of Directors, Women’s Resource Center, (Vice President, 2017 -2018), (Secretary, 2015-2017), (Chair, Development Committee, 2017 - present).
•Co-chair, Roger Williams University School of Law 20th Anniversary Honorary Committee (2013 - 2014).
•Member, Leadership Rhode Island Iota II Class (2013).
•President, Roger Williams University School of Law Alumni Association (2010-2011 and 2011 -2012).
•Vice President, Roger Williams University School of Law Advisory Board (2008 - 2010).
•Ex Officio Member, Roger Williams University School of Law Advisory Board (2010 - 2012).
•Member, Rhode Island Supreme Court Bridge the Gap Working Group (2010 - 2011).
•Board of Directors, Poverello Center (2011).
•Volunteer judge for various Roger Williams University student competitions, including moot court and mock trial competitions.

Seminars / Publications

Publications

•Five Things the Rhode Island Supreme Court Wants You To Know About Civil and Appellate Practice, Rhode Island Bar Journal (May/June 2017).
•Rhode Island chapter of Survey of State Class Action Law (American Bar Association, 2015).
•Rhode Island chapter of Survey of State Class Action Law (American Bar Association, 2014).
•Roger Williams University School of Law: The First Twenty Years - The Rise of Rhode Island's Law School, 19 Roger Williams U. L. Rev. 638 (2014) (co-author).
•Closing Argument - Reflections on the First Twenty Years, RWU Law Magazine (Jan. 2014).
•Rhode Island chapter of Survey of State Class Action Law (American Bar Association, 2013) (co-author).
•Rhode Island chapter of Fifty-State Survey, The Law of Class Action (American Bar Association 2012) (co-author).
•Rhode Island chapter of State-by-State Survey of the Statutes of Limitation and Repose Applicable to Pharmaceutical and Medical Device Litigation (American Bar Association, 2012) (co-author).
•“Military Trials of Terrorists: From the Lincoln Conspirators to the Guantanamo Inmates,” 39 Northern Kentucky L. Rev. 609 (2012) (co-author).
•“Introduction of International Law,” World History Encyclopedia, ABC-CLIO, 2011.
•Rhode Island chapter of A Practitioner’s Guide to Class Actions (American Bar Association 2010) (co-author).
•“Close-Hauling Toward Simplified Eligibility Under the Longshore and Harbor Workers’ Compensation Act,” 35 Tulane Maritime Law J. 45 (Winter 2010) (co-author).
•“Still a Frightening Unknown: Achieving a Constitutional Balance between Civil Liberties and National Security during the War on Terror,” 12 Roger Williams U. L. Rev. 675 (2007) (co-author).
•“Unlocking America’s Courthouse Doors: Restoring a Presumption of First Amendment Access as a Means of Reviving Public Faith in the Judiciary,” 11 Roger Williams U. L. Rev. 193 (2005).

Seminars

•Recent Developments in the Law - Courts and Civil Procedure 2017, Rhode Island Bar Association CLE .
•ESI for Plaintiffs, Solo Practitioners and Small Firms - How to Catch Up Electronically With the Big Guys, Rhode Island Bar Association Annual Meeting, June 2017 (panelist).
•Legal Considerations for the “Smart” Workplace, Adler Pollock & Sheehan CLE, April 2017.
•E-Discovery Basics, Rhode Island Bar Association Government Lawyers Committee CLE, November 2016.
•Recent Developments in the Law - Courts and Civil Procedure 2016, Rhode Island Bar Association CLE, November 2016.
•Women's Leadership Network Seminar, Roger Williams University School of Architecture, Art History and Historic Preservation, October 2016 (panelist).
•How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out), NBI, June, 2016 (co-presenter).
•When Courts of Law and Public Opinion Collide, RI Bar Association Annual Meeting, June 2016 (co-presenter).
•Adding New Sources of E-Discovery to Your Litigation Toolkit, CLE hosted by the Rhode Island Department of Attorney General, May 2016.
•Social Media and the Practice of Law: How Facebook, LinkedIn, and Twitter Can Help You Fulfill Your Duty of Competency, Federal Bar Association, Rhode Island Chapter, Lunch and Learn Series, April 2016.
•Representing Your Client in Federal Court, NBI, November 2015 (co-presenter).
•Recent Developments in Courts and Civil Procedure 2015, Rhode Island Bar Association CLE, October 2015.
•Supreme Ghostbusting, Email Gatekeeping and Other Issues of First Impression, July 2015.
•Voir Dire and Jury Selection, NBI, February 2015 (co-presenter).
•Recent Developments in Courts and Civil Procedure 2014, RI Bar Association CLE, October 2014.
•Everything You Don't Know About E-Discovery (But Wish You Did), NBI, June 2014 (co-presenter).
•Appellate Practice CLE, RI Bar Association Annual Meeting, June 2014 (co-presenter).
•Premises Liability Update, Rhode Island Bar Association Title Standards and Practices Committee, December 2013.
•Incorporating Social Media into Your Marketing Plan - An Introduction to Connecting, Tweeting, Friending and Blogging, The Environmental Business Council of New England RI Chapter Program, May 2013 (panelist).
•Moderator, Civil Liberties and Wartime, Rhode Island Bar Association Annual Meeting, June 2012.
•Keeping it Local: From Coffee Milk to Del’s Lemonade, Tips on Finding a Local Audience, National Conference of Law Reviews, March 2012 (co-presenter).
•May It Please The Court: Best Practices for Rhode Island Supreme Court Appeals, CLE, September 2011, March 2012 (co-presenter).
•Rhode Island Appellate Practice: Some Tips and Pitfalls, CLE, April 2011 (co-presenter).
•Electronic Discovery: Unraveling Email Strings and Strands, CLE, April 2011 (co-presenter).

Blog

Recent Developments in the Law 2017

By Nicole J. Benjamin on November 6, 2017 On Appeal Blog

On October 25, 2017, Nicole Benjamin presented at the Rhode Island Bar Association’s CLE Seminar, Recent Developments in the Law...

Posted In: Appeal Process

Supreme Court Affirms Dismissal of Case That Resulted From Counsel’s Failure to Ensure Accurate Contact Information in Electronic Filing Portal

By Nicole J. Benjamin and Nicole M. Verdi on October 13, 2016 On Appeal Blog

In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court...

Posted In: Electronic Filing

Social Copycats: Is a Social Media User Infringing On Your Intellectual Property Rights?

By Nicole J. Benjamin and Nicole M. Verdi on September 28, 2016 It’s Your Business Blog

Social media platforms present great opportunity for brands to gain visibility and attract followers. But what if another user is...

Posted In: Intellectual Property

Supreme Court Holds Attorneys’ Fee Affidavits Must Be From Independent Counsel

By Nicole J. Benjamin on September 15, 2016 On Appeal Blog

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or...

Posted In: Attorneys

Supreme Court Decision Establishes New Law Concerning The Rights Of Trustees In Rhode Island

By Nicole J. Benjamin and Joseph R. Marion, III on May 10, 2016 It’s Your Business Blog

In a case of first impression, the Rhode Island Supreme Court recognized a statutory right for trustees to recover their...

Posted In: Trusts and Estates

Supreme Court Order Underscores Importance of Prebriefing Statements

By Nicole J. Benjamin on March 4, 2016 On Appeal Blog

Prebriefing Statements, which are sometimes referred to as Rule 12A Statements, are often viewed and treated as preliminary statements of...

Posted In: Briefs

Are Your Trade Secrets Gone Without A Trace?

By Nicole J. Benjamin on February 25, 2016 It’s Your Business Blog

Trade secret misappropriation presents a significant concern for companies. Pilfered trade secrets can have devastating effects on a company's business,...

Posted In: Business Law, Intellectual Property

Supreme Court Amendment Imposes Obligation on Practitioners to Review Certain Files for Non-Public Case Information

By Nicole J. Benjamin on February 4, 2016 On Appeal Blog

Through an order issued on January 29, 2016, the Rhode Island Supreme Court has made amendments to the Rhode Island...

Posted In: Electronic Filing

Juror Misconduct: If You Hear Something, Say Something

By Nicole J. Benjamin on January 21, 2016 On Appeal Blog

The Rhode Island Supreme Court’s recent decision in Roma v. Moreira, No. 2014-141-Appeal, 2015 R.I. LEXIS 106 (R.I. Nov. 13,...

Posted In: Trial

The Raise-Or-Waive Rule: A Trap For Trial And Appellate Counsel

By Nicole J. Benjamin on November 12, 2015 On Appeal Blog

The raise-or-waive rule, arguably one of the most important rules of appellate practice, also is one of the Rhode Island...

Posted In: Raise or Waive Rule

Rhode Island Bar Foundation (2011 - present)

•Delegate, Rhode Island Bar Association House of Delegates (2010 - present)

•Member, Rhode Island Bar Association Superior Court Bench Bar Committee (2010 - present)

•Member, Defense Research Institute

Areas of Practice (6)

  • Litigation
  • Complex & Business Litigation
  • Appellate
  • Products Liability/Toxic Tort/Mass Torts
  • Securities
  • Intellectual Property Litigation

Education & Credentials

Contact Information:
401.427.6212  Phone
401.351.4607  Fax
www.apslaw.com
University Attended:
University of Rhode Island, B.A., magna cum laude, 2003
Law School Attended:
Roger Williams University School of Law, J.D., magna cum laude, 2006
Year of First Admission:
2006
Admission:
2006, Rhode Island and Massachusetts; U.S. District Court, District of Connecticut; U.S. District Court, District of Rhode Island; 2007, Connecticut; United States Supreme Court; U.S. Court of Appeals for the First Circuit
Memberships:

Professional Affiliations

•Member, Rhode Island Bar Association (2006 - present).
•Executive Committee, Rhode Island Bar Association (2016 - present).
•Co-Chair, Rhode Island Bar Association Strategic Planning Committee (2017).
•Delegate, Rhode Island Bar Association House of Delegates (2010 - present).
•fellow, Rhode Island Bar Foundation (2011 - present).
•Treasurer, Federal Bar Association (R.I. Chapter) 2017, (Secretary, 2016).
•Co-chair, 2017 District Conference for the United States District Court for the District of Rhode Island, The eLawyer Era and the Court - Challenges for the Future.
•Member, Defense Research Institute.
•Member, Federal Bar Association.

Birth Information:
Providence, Rhode Island, 1981
Reported Cases:
Representative Matters: Nicole and her colleagues represented the State of Rhode Island in litigation against a multinational enterprise information technology company, obtaining dismissal of a number of counterclaims and resulting in a settlement that required the completion of a new DMV computer system for the citizens of Rhode Island.; Nicole successfully briefed and argued a motion for summary judgment, resulting in a declaration that, under Rhode Island law, zoning certificates are not legally binding and, therefore, are not appealable. The decision was identified by Rhode Island Lawyers Weekly as one of the most important decisions in 2016.; Since 2010, Nicole and her colleagues have represented the Governor, the General Treasurer and the Employees' Retirement System of the State of Rhode Island in multiple cases and a class action that challenge the constitutionality of pension changes made by the Rhode Island legislature in 2009, 2010 and 2011 as a result of significant pension overhaul. Nicole successfully briefed and argued a motion for summary judgment on a claim brought by a group of retirees.; In $60 million litigation, Nicole and her colleagues defended charitable corporations that had been sued, in three separate lawsuits, for alleged undue influence and fraud in connection with charitable donations that had been made to the charitable corporations via will, trusts and lifetime gifts. Obtained summary judgment on behalf of AP&S' clients in the trial court in all three cases and successfully defended those judgments on appeal before the Rhode Island Supreme Court.; Nicole successfully briefed and argued an issue of first impression in the Rhode Island Supreme Court, resulting in the recognition of a statutory right for trustees to recover their attorneys' fees when a trust beneficiary refuses, without any basis, to release the trustee of his or her fiduciary duties.; On behalf of an Inc 500 jewelry manufacturer, Nicole successfully briefed and argued against motions to dismiss filed by five product diverters and a discount warehouse retailer in federal court.; Nicole defended an international company listed on the London Stock Exchange in five years of contentious litigation, including two trial court cases and an appeal, brought by a competitor alleging breach of contract, unfair trade practices, computer crimes, securities fraud and misappropriation of trade secrets in connection with the company's bid to purchase a billion-dollar public company.; In multiple cases, Nicole has successfully defended an international finance company against lender liability claims and obtained several multimillion dollar judgments on its behalf in cases against borrowers and guarantors.; In shareholder class and derivative actions, Nicole assisted a team that obtained dismissal of claims brought against a Fortune 500 company.; Nicole has served as local counsel in a variety of complex commercial cases in federal court, including multidistrict antitrust litigation.; Case Studies: AP&S Defends State of Rhode Island in High-Stakes Pension Litigation; AP&S Successfully Defends Charitable Organizations in $60 Million Litigation
ISLN:
919871449
Payment Information:

    Peer Reviews

    • 3.7/5.0 (7 reviews)
    • Peer Reviewed
    • Legal Knowledge

      3.6/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      3.7/5.0
    • Legal Experience

      3.0/5.0
    • 5.0/5.0 Rated by a Associate on 09/29/09 in Civil Litigation

      Nicole is a zealous advocate with an unparalleled work ethic.

      Nicole is a zealous advocate with an unparalleled work ethic. Read less

      Read less
    • 4.6/5.0 Rated by a General Counsel on 01/25/10 in Civil Litigation

      I have not had the opportunity to interact with or view Nicole as a practicing lawyer; my ratings reflect my experience seeing her as a law student and, subsequently, judicial clerk, in both of which capacities she performed extraordinarily well.

      I have not had the opportunity to interact with or view Nicole as a practicing lawyer; my ratings reflect my experience seeing her as a law student and, subsequently, judicial clerk, in both of which capacities she performed extraordinarily well. Read less

      Read less

    See All 7 Reviews »


    *Peer Reviews provided before April 15, 2008 are not displayed.

    Client Reviews

    This attorney does not have client reviews.
    Disclaimer

    Documents (7)

    Documents by this lawyer on Martindale.com

    Affiliations

    Lex Mundi

    Providence, Rhode Island

    Contact Nicole J. Benjamin

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