Providence RI 02903-1345
- Lead Law Clerk to the Honorable Frank J. Williams, Chief Justice (Ret.), Rhode Island Supreme Court.
- Roger Williams University School of Law, (J.D. magna cum laude, 2006)
- University of Rhode Island, (B.A., magna cum laude, 2003)
Bar & Court Admissions
- Rhode Island
- Commonwealth of Massachusetts
- U.S. District Court, District of Rhode Island
- U.S. District Court, District of Connecticut
- U.S. Court of Appeals for the First Circuit
- United States Supreme Court
Nicole Benjamin is a litigator whose practice encompasses a broad range of civil cases in federal and state court with an emphasis on complex commercial litigation.
Nicole has represented public and private companies and their employees in contractual disputes and defended against business tort, toxic tort, fraud, and constitutional claims. Her cases have included litigation related to mergers and acquisitions, securities laws and banking laws. She also handles defense matters for insurance companies, including personal injury and premises liability cases.
In addition to her trial court practice, Nicole routinely handles a wide variety of 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. Nicole has briefed cases before the Rhode Island Supreme Court and the United States Court of Appeals for the First Circuit. She is also the author of the blog Fast Five on Rhode Island Appellate Practice, which provides periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court.
Nicole’s litigation practice also focuses on electronic discovery and providing clients with a cost-effective approach to collecting, reviewing and analyzing electronically stored information. She continually monitors developments in the law to implement defensible approaches to the collection and production of electronically stored information.
Nicole currently represents, among others:
- An international materials science company in defense of claims alleging breach of contract, unfair trade practices, computer crimes and misappropriation of trade secrets in connection with its bid to purchase a billion-dollar public company.
- An Inc 500 jewelry manufacturer in a variety of business litigation matters.
- A non-profit corporation that is the beneficiary of a will and charitable trust and numerous corporate entities that are the recipients of millions of dollars in lifetime gifts in an appeal before the Rhode Island Supreme Court after she successfully defended the corporations against undue influence and fraud claims.
- The Governor, Treasurer and Employees’ Retirement System of the State of Rhode Island in defense of constitutional challenges to changes made to the state’s general pension statute.
Nicole has represented, among others:
- An international finance company in numerous cases against borrowers and guarantors, obtaining several multimillion dollar judgments and defending against lender liability claims.
- A top United States commercial banking company in bookkeeper fraud cases.
- The bottler of a popular carbonated soda in defense of personal injury claims.
- An international retailer in defense of personal injury and premises liability claims.
- A Fortune 500 company in defense of shareholder class and derivative actions, as well as an ERISA action, assisting a team that obtained dismissal of shareholder class and derivative claims.
- Employers and employees in cases involving claims of breach of non-compete agreements and misappropriation of trade secrets.
Nicole also serves as local counsel in a variety of complex commercial cases, including multidistrict antitrust litigation.
Honors & Distinctions
- Named Rhode Island Rising Star 2012 and 2013, by the publishers of Super Lawyers, recognizing her as an outstanding young attorney in the Rhode Island legal community
- Listed in A.M. Best's Recommended Insurance Attorneys.
- Magna cum laude graduate of Roger Williams University School of Law and the University of Rhode Island.
- Recipient, Rhode Island Bar Association Thomas F. Black, Jr. Memorial Scholarship.
- Recipient, numerous moot court awards, including Esther Clark Intra-School Moot Court Competition Best Brief and Best Oral Advocate awards.
- Member, Rhode Island Bar Association (2006 – present)
- Fellow, 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
Community & Civic Activity
- Board Member, Roger Williams University School of Law.
- Board of Governors, Leadership Rhode Island (2014).
- 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 Alumni Association (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.
- Nicole Benjamin Named to PBN’s 40 Under Forty
- AP&S Attorneys to Speak at RI Bar’s Annual Meeting
- Nicole J. Benjamin Appointed to RWU Law’s Board of Directors
- AP&S Wins Among The Most Important Decisions of 2013
- Nicole J. Benjamin Named to Leadership Rhode Island Board of Governors
- Three AP&S Associates Named Counsel
- Top Honors for AP&S Attorneys by New England Super Lawyers
- Adler Pollock & Sheehan Proudly Supports the 20th Anniversary of RWU Law
- AP&S Cases Named in Top 10 and Top 100 Most Important Opinions of 2012 by Rhode Island Lawyers Weekly
- AP&S Attorneys Named to New England Super Lawyers 2012
- Patricia Rocha and Nicole Dulude Co-Author Rhode Island Chapter of “A Practitioner’s Guide to Class Actions”
- Nicole Dulude Co-Authors Published Law Review Article
- AP&S Welcomes New Associates
Presentations & Events
- Nicole J. Benjamin Presents on E-Discovery
- AP&S Attorneys Present at R.I. Bar Association’s 2012 Annual Meeting
Publications & Seminars
- 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).
- 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, forthcoming) (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).
- “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).
- Voir Dire and Jury Selection, NBI, forthcoming Feb. 2015 (co-presenter).
- Recent Developments 2014, RI Bar Association CLE, forthcoming October 2014 (co-presenter).
- 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).