Nicole Benjamin

Nicole Benjamin

Adler Pollock & Sheehan P.C.

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Latest Publications


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

In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court cautioned counsel to confirm the accuracy of their service contact information to ensure receipt...more

10/13/2016 - Appeals Electronic Filing Excusable Neglect Motion to Dismiss Motion to Vacate RI Supreme Court

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

Social media platforms present great opportunity for brands to gain visibility and attract followers.   But what if another user is using your brand name or a confusingly similar brand name to promote a competing business?...more

9/28/2016 - Copyright Copyright Infringement Intellectual Property Protection Popular Social Media Trademark Infringement Trademarks

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

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or testimony offered to support a claim for attorneys’ fees must be from a member of the Rhode Island Bar who...more

9/15/2016 - Affidavits Appeals Attorney's Fees RI Supreme Court

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

In a case of first impression, the Rhode Island Supreme Court recognized 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...more

5/10/2016 - Attorney's Fees Beneficiaries Distribution Rules Fiduciary Duty Personal Liability Release of Liability RI Supreme Court Statutory Rights Trustees

Supreme Court Order Underscores Importance of Prebriefing Statements

Prebriefing Statements, which are sometimes referred to as Rule 12A Statements, are often viewed and treated as preliminary statements of the issues that will be later briefed on appeal. A recent Rhode Island Supreme Court...more

3/4/2016 - Appeals Appellate Rules Pleadings RI Supreme Court Rules of Civil Procedure Statement of Facts

Are Your Trade Secrets Gone Without A Trace?

Trade secret misappropriation presents a significant concern for companies. Pilfered trade secrets can have devastating effects on a company’s business, especially when trade secrets that are central to the successful...more

2/26/2016 - Data Security Forensic Examination Misappropriation Trade Secrets

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

Through an order issued on January 29, 2016, the Rhode Island Supreme Court has made amendments to the Rhode Island Judiciary Rules of Practice Governing Public Access to Electronic Case Information (the “Public Access...more

2/4/2016 - Amended Regulation Electronic Filing Non-Public Information Public Access Laws RI Supreme Court

Juror Misconduct: If You Hear Something, Say Something

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, 2015) serves as a reminder to trial counsel that if you hear something that leads you to believe...more

1/22/2016 - Appeals Juror Misconduct Mistrial RI Supreme Court

Are Your Company’s Social Media #Sweepstakes FTC Compliant?

Social media contests and sweepstakes have gone viral. They have not only caught the attention of consumers nationwide, they have caught the attention of the Federal Trade Commission....more

11/24/2015 - FTC FTC Endorsement Guidelines Registration Requirement Social Media Sweepstakes

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

The raise-or-waive rule, arguably one of the most important rules of appellate practice, also is one of the Rhode Island Supreme Court’s most frequently invoked legal doctrines. In its last term, the Rhode Island Supreme...more

11/12/2015 - Appeals Evidentiary Rulings Jury Instructions Motion for Judgment Objections Raise-or-Waive Rule RI Supreme Court Rules of Appellate Procedure

Supreme Court Amendments Mandate Rejection Of Nonconforming Briefs And Dismissal Of Inactive Cases

On October 16, 2015, the Rhode Island Supreme Court issued an order making important amendments to Article I of the Supreme Court Rules of Appellate Procedure....more

11/6/2015 - Appeals Appellate Briefs Dismissals Filing Requirements New Amendments Pleading Standards RI Supreme Court Rule 18(f) Rules of Appellate Procedure Safe Harbors

Rhode Island Supreme Court Decision Serves As A Reminder To Engage Necessary Experts Early In The Case

A recent Rhode Island Supreme Court decision serves as an important reminder of the need to engage essential expert witnesses early in a case and, at a minimum, before discovery responses are due....more

10/23/2015 - Appeals Burden of Proof Discovery Expert Witness Medical Malpractice Proximate Cause RI Supreme Court Standard of Care Summary Judgment

Rhode Island Supreme Court Closes Door To In Camera Review In Certain Circumstances

In addressing an issue of first impression under Rhode Island law, the Rhode Island Supreme Court has held that a trial justice may not make decisions on the merits based on documents submitted in camera....more

10/22/2015 - Evidence Ex Parte In Camera Review Judgment on the Merits RI Supreme Court Summary Judgment Vacated

Reality Check: What Marcus Lemonis Learned About Purchasing Intellectual Property That Your Business Should Too

Entrepreneur and reality television star Marcus Lemonis, host of CNBC’s The Profit, has learned a tough lesson about contract law. With a business strategy that makes every lawyer cringe, Lemonis prides himself on having made...more

10/21/2015 - Breach of Contract Email Failure To State A Claim Federal Trademark Register IP Assignment Agreements Lanham Act Motion to Dismiss Oral Argument Personal Property Trademark Registration Video Recordings Written Agreements

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

10/8/2015 - Appeals Attorney-Client Privilege Depositions Instructions Not To Answer Motion to Compel Protective Orders RI Supreme Court Testimony Witness Statements Work Product Privilege

Patience Please: Rhode Island Supreme Court Reminds Litigants It Has Not Yet Adopted Iqbal And Twombly

In 2007, the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), significantly modified the standard of review applied to motions to dismiss in federal courts. A few years later, in 2009,...more

10/7/2015 - Motion to Dismiss Pleading Standards Pleadings RI Supreme Court SCOTUS Standard of Review Twombly/Iqbal Pleading Standard

You’ve Got Mail! But Can You Get It Into Evidence?

With the advent of electronic discovery, emails and web pages are now common and fertile areas of discovery. However, until its 2014-2015 term, the Rhode Island Supreme Court had not addressed the means by which emails and...more

10/6/2015 - Admissible Evidence Appeals Authentication Discovery Electronically Stored Information Email Evidence Websites Witness Statements

Fast Five - Rhode Island Appellate Practice - June 2015

SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING. The Rhode Island Supreme Court “ain’t afraid of no ghost.”[1] In a long-anticipated, unanimous decision, the Rhode Island Supreme...more

6/10/2015 - Appeals Bundled Providers Disclosure Pleadings Pro Se Litigants Rules of Civil Procedure Rules of Professional Conduct

Fast Five: Rhode Island Appellate Practice - September 2014

In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of...more

9/24/2014 - Appeals Duty of Care Health Care Providers Medical Examinations Medical Malpractice Medical Records Negligence

Fast Five: Rhode Island Appellate Practice: The McAuslan Doctrine

In its decisions this term, the Rhode Island Supreme Court addressed at length the McAuslan Doctrine, a judicial exception to the general rule that interlocutory orders are not immediately reviewable. The Court’s decisions...more

8/27/2014 - Appeals Interlocutory Appeals Leave to Amend Motions to Quash Petition for Writ of Certiorari Reviewability Determinations

Fast Five: Rhode Island Appellate Practice - August 2014

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more

8/5/2014 - Appeals Authentication Burden of Proof Evidence Evidentiary Rulings Genuine Issue of Material Fact Judgment on the Pleadings Negligence Summary Judgment

Fast Five: Rhode Island Appellate Practice - July 2014

With the dog days of summer upon us, the Rhode Island Supreme Court has concluded its Spring 2014 term, leaving practitioners with new guidance on a variety of trial and appellate practice issues. In one of its last...more

7/23/2014 - Abuse of Discretion Appeals Class Certification Federal Rules of Civil Procedure Injunctions Motion To Strike Rule 23 Summary Judgment Unfair or Deceptive Trade Practices

Fast Five: Rhode Island Appellate Practice - April 2014 (2)

1. NOTICES OF APPEAL MUST BE FILED WITHIN 20 DAYS. As a general matter, a notice of appeal must be filed within 20 days of “the date of the entry of the judgment, order, or decree appealed from.” R.I. Sup. Ct. R. App....more

4/29/2014 - Appeals Cross-Claims Federal Rules of Civil Procedure Motion to Dismiss Notice of Appeal

Fast Five: Rhode Island Appellate Practice - April 2014

RHODE ISLAND BUSINESSES:ARE YOU TOO CONTROLLING? Your employees, but not your independent contractors, may think so. A Rhode Island Supreme Court decision this term serves as an important reminder for businesses...more

4/1/2014 - Appeals Independent Contractors Vicarious Liability

Fast Five: Rhode Island Appellate Practice - March 2014: Lenders Beware! Usury Savings Clause Does Not Validate Usurious...

In a case of first impression that has important implications for lenders in Rhode Island, the Rhode Island Supreme Court held this term that a usury savings clause in a commercial loan document does not validate an otherwise...more

3/11/2014 - Appeals Contracts Clause Interest Rates Loans Usury

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