Carolyn G. NussbaumNixon Peabody LLP
Business Litigation & Dispute Resolution
Carolyn Nussbaum is a partner in the Commercial Litigation group, a member of the Securities and Governance Litigation and Class Action teams and served as Managing Partner of the Rochester office from 2011–2017. Carolyn represents companies and their management and leaders who confront business disputes.
What do you focus on?
I concentrate my commercial litigation practice in four main specialized areas, using more than 30 years of experience in the courtroom to represent clients in securities and governance, trade secret, financial and complex business disputes.
Securities and Governance Litigation
I counsel officers, directors and their companies confronting a threat of a securities or governance claim, with the goal of minimizing the risk of litigation and business disruption and helping them achieve their objectives. When litigation is unavoidable, I defend and advocate on behalf of my clients, bringing my extensive experience in this highly specialized area of the law to bear for the best practical and efficient resolution. I have a record of achieving dismissal of lawsuits on preliminary motions challenging transformative transactions.
Financial Institutions Representation
I represent local, regional and national financial institutions in the defense of claims by borrowers, consumers, and others, including consumer class actions, fraudulent transfers, and the investigation and defense of claims from suspected fraud by customers, counter-parties and employees. My experience includes defending fraudulent transfer claims, as well as Fair Debt Collection Practices Act claims, claims regarding disclosures at ATMs and claims arising out of customer misconduct.
One of the most important investments a business must make is in the protection of its intellectual property. When my client’s investment is threatened, whether by employees or competitors, I act quickly and aggressively to stop the damage, to seek redress and to achieve business objectives.
I work with clients to explore strategies to prompt expedient efficient results to business disputes. Recently, I represented a global information and document management company faced with arbitration claims by nearly 100 members of its distribution chain, seeking in excess of $100 million in damages. Using creative case management techniques and rapidly evolving law from the United States Supreme Court, we assisted the client in reaching a business resolution that avoided the distraction and expense of continued litigation.
What do you see on the horizon?
In today’s technologically advanced world, businesses are faced with significant risks from fraudulent conduct, including data theft and financial manipulation. Businesses need to work with legal advisors who can advise them on what to do now and in the future to minimize their vulnerability to the bad acts of others and to comply with ever-increasing regulatory burdens.