Nicole Benjamin is a litigator with more than a decade of courtroom experience who has been recognized for her successes in complex commercial litigation matters.
Nicole has represented public and private companies in high-stakes litigation in federal and state court. She has defended clients against antitrust, breach of contract, business tort, employment, intellectual property, products liability and toxic tort claims. She also has defended class actions and litigated cases involving international law, mergers and acquisitions, securities laws and banking laws.
She also has represented state departments, state general officers and municipalities in matters of significant public importance, including constitutional challenges to government actions.
In addition to her trial court practice, Nicole has successfully briefed and argued cases in the First Circuit and the Rhode Island Supreme Court.
At AP&S, Nicole spearheads the firm’s use of cutting-edge technology to efficiently manage complex litigation from pre-suit to trial.
•05.13.20 / News
Nicole Benjamin Authors RI Chapter of The Law of Class Action: Fifty-State Survey
AP&S Ranked in Chambers and Partners USA
•02.12.20 / News
AP&S Continues to Focus on Cybersecurity and Data Privacy in 2020
•11.15.19 / News
Nicole Benjamin and Leslie Parker Elected Officers for RI Chapter of Federal Bar Association
•Selected by her peers for inclusion in the 2019 and 2020 editions of The Best Lawyers in America in the field of Commercial Litigation.
•Recognized by Chambers USA America’s Leading Business Lawyers in 2019 and 2020 in the area of Litigation: General Commercial.
•Professional Excellence in the Law, Appellate, Rhode Island Monthly, 2019.
•Named Rhode Island Rising Star 2012 - 2019, 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).
•Vice Chair (2020)
•Board of Governors, Leadership Rhode Island
•Secretary (2014 - 2019).
•Member, Iota II Class (2013).
•Board of Directors, Women’s Resource Center
•Past-President, Executive Committee and Chair, Governance Committee (2019 - present).
•President (2018 - 2019).
•Vice President (2017 - 2018).
•Secretary (2015 - 2017).
•Chair, Development Committee (2017 - 2018).
•Board of Governors, The University Club (2019 - present)
•UClub Women Committee (2019 - present).
•Co-chair, Roger Williams University School of Law 20th Anniversary Honorary Committee (2013 - 2014).
•Roger Williams University School of Law Alumni Association
•Vice President (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).
Seminars / Publications
•Rhode Island chapter of Survey of State Class Action Law (American Bar Association, 2013 - 2020).
•Five Things the Rhode Island Supreme Court Wants You To Know About Civil and Appellate Practice, Rhode Island Bar Journal (May/June 2017).
•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 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).
•Unauthorized Practice of Law in Real Estate, Rhode Island Bar Association CLE (forthcoming June 2020).
•Obtaining and Admitting Mobile Phone Evidence at Trial: Call Logs, Text Messages, and Location Data, Strafford Webinar, April 2020.
•Emerging Data Types: Privacy Considerations, Panelist, Women in eDiscovery - Boston Chapter CLE, March 2020.
•Recent Developments in the Law - Courts and Civil Procedure 2019, Rhode Island Bar Association CLE, November 2019.
•You Can Bet On It! Sports Wagering in Rhode Island, Pawtucket Bar Association CLE, September 25, 2019.
•Don't Get Caught in the Regulatory Web! Lessons for In-House and Government Attorneys from Mistakes Made by Domino's, Amazon, Nike and Others About Website ADA Compliance, Adler Pollock & Sheehan CLE, May 2019.
•Ethics in eDiscovery: A View from the Parties, CLE, February 2019.
•Electronic Discovery for Colleges and Universities, January 2019.
•Recent Developments in the Law - Courts and Civil Procedure 2018, Rhode Island Bar Association CLE, October 2018.
•Ethical Considerations in the Global Data Environment, Safeguarding Client Information in 2018 CLE, May 2018.
•Voir Dire and Jury Selection, Social Media Use and Other Complex Jury Issues, NBI, May 2018.
•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 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 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