Barclay Damon
Barclay Damon

Carolyn A. Marcotte

Carolyn A. Marcotte


p: 617.274.2904

f: 617.722.6003

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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Carolyn focuses her practice on complex commercial litigation. She has represented a broad array of clients in a variety of contexts in both state and federal courts, including securities and ERISA class action litigation, defense of wage and hour class action litigation, media rights litigation, breach of contract and unfair competition actions, trade secret and non-competition cases, and employment discrimination and wrongful termination suits. Carolyn has also been retained by insurers to defend clients in various tort actions including product liability, personal injury, and property damage cases.

Carolyn has trial court experience in both federal and state courts and has successfully represented clients in governmental investigations and administrative proceedings before various agencies, including the US Department of Labor, the Securities and Exchange Commission, and the Massachusetts Commission Against Discrimination.

In addition to her litigation practice, Carolyn regularly advises clients on a wide variety of employment issues. Carolyn also counsels clients on how to avoid litigation and pre-litigation strategy to best achieve their business goals.

Carolyn serves on the Boston Bar Association Civil Rights and Civil Liberties Section Steering Committee and is a member of the firm’s Women’s Forum.

Representative Experience

  • Represented a national point-of-payment company in connection with several complaints filed at the Massachusetts Commission Against Discrimination (MCAD) by individual blind persons and the National Federation of the Blind alleging discriminatory conduct arising from a claimed lack of access to credit-card payment systems in taxis. Assisted the client in negotiating a favorable resolution of the matter and the dismissal of all existing claims.
  • Obtained summary judgment and affirmed on appeal on behalf of an international consumer products company dismissing a multi-million breach of contract action in Pennsylvania State Court.
  • Defended a health care company and sales executive in the Southern District of New York with respect to wide-ranging non-compete and trade secret issues.
  • Represented a mechanical subcontractor in multi-party litigation arising from plaintiffs’ claims that the defendants performed negligent work in the construction of a condominium development.
  • Advised a local nonprofit social services organization regarding real estate tax abatement and exemption issues.
  • US Department of Labor investigation relating to the prudence of a profit-sharing plan's investments.
  • First chaired a pro bono civil rights jury trial in the Northern District of New York.
  • Represented an advanced technology company and its board of directors sued in federal court by a private equity firm after the company declined to proceed with a proposed sale of its assets. After intensive litigation, all claims asserted against the defendants were dismissed on summary judgment.
  • Represented a life insurance company in an interpleader action brought to resolve competing beneficiary claims.
  • Provide ongoing advice to an auto sales company regarding employment-related issues and litigation.
  • Represented a privately held investment advisor with respect to investigations conducted by the US Securities Exchange Commission, the USDOL, the US Department of Justice, and the New York Attorney General.
  • Representation of a regional newspaper in a successful effort to gain public access to civil recommitment proceedings involving an individual who had been found not guilty of murder by reason of mental illness. 
  • Successful representation of a national broad line food service distributor in breach of contract and unfair trade practices litigation with a group purchasing organization. 
  • Represented a major national point of sale hardware and solutions provider in a trade secret action brought to address the misappropriation of the clients' confidential proprietary formation by former employees. Obtained preliminary injunctive relief to recover the information taken and later obtained permanent injunctive relief and damages. 
  • Representation of a privately held investment advisor in numerous lawsuits consolidated in the Southern District of New York arising out of a major Ponzi scheme. 
  • Successful representation of a national media company in a news aggregation copyright and trademark infringement case. 
  • Representation of a national high-tech services provider in wage and hour class action litigation brought by computer service technicians.
  • Representation of a regional newspaper in a successful effort to gain public access to court filings and hearing on a temporary abuse restraining order against a deputy chief of police. 
  • Representation of an insurance entity association in complex breach of contract and fiduciary duty litigation against a national insurance services firm. 
  • Represented two reporters of a regional newspaper who were issued subpoenas to testify at trial and reveal confidential sources, which they ultimately were not required to disclose.

Practice Areas


  • Suffolk University Law School, J.D., cum laude, 2005
  • Rollins College, B.A., cum laude, 2002

Admitted To Practice

  • Massachusetts, 2005
  • New York, 2013
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Northern District of New York

Memberships & Affiliations

  • Massachusetts Bar Association
  • Boston Bar Association, Civil Rights & Civil Liberties Section Steering Committee



    • Boston Bar Association's President's Award for volunteer legal services in the Boston Bar Association's Marathon Assistance Project, 2014

    Prior Experience

    • Hiscock & Barclay, LLP, Senior Associate
    • Scibelli, Whiteley and Stanganelli, LLP, Associate
    • Suffolk County District Attorney’s Office, Certified Student Prosecutor, Fall 2004 – Spring 2005
    • Department of Industrial Accidents, Workers' Compensation Trust Fund, Clerk, Summer 2004
    • Division of Administrative Law Appeals, Commonwealth of Massachusetts, Clerk, Summer 2003