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.
•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
•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
•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).
•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).
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