Carolyn Marcotte 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 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 on 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.
- Obtained summary judgment, affirmed on appeal, on behalf of international consumer products company dismissing multi-million dollar breach of contract action in Pennsylvania State Court.
- Defended healthcare company and sales executive in 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 construction of a condominium development.
- Advised local non-profit social services organization regarding real estate tax abatement and exemption issues.
- Department of Labor investigation relating to prudence of profit sharing plan 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 auto sales company regarding employment-related issues and litigation.
- Represented privately-held investment advisor with respect to investigations conducted by the Securities Exchange Commission, the United States Department of Labor, the United States 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 and proprietary information by former employees. Obtained preliminary injunctive relief to recover the information taken, and later obtained permanent injunctive relief and damages.
- Representation of 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 national media company in news aggregation copyright and trademark infringement case.
- Representation of 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 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.
- Suffolk University Law School, J.D., cum laude, 2005
- Rollins College, B.A., cum laude, 2002
- 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
- Massachusetts Bar Association
- Boston Bar Association, Civil Rights & Civil Liberties Section Steering Committee
- Honored with 2014 Boston Bar Association's President's Award for volunteer legal services in the Boston Bar Association's Marathon Assistance Project
- 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
- Employers Should Carefully Evaluate Their Policies Regarding Drug Testing and Employee Privacy Rights With Respect to Medical Marijuana Use
- Massachusetts Supreme Judicial Court Rules Medical Marijuana User Can Sue Employer for Disability Discrimination
- Supreme Court Rules Pharmaceutical Sales Representatives Exempt from Overtime Payments Under the Outside Sales Exemption of the Fair Labor Standards Act
- Employee Misclassification Prevention Legislation Introduced