Carolyn G. Nussbaum
Senior Counsel
Introduction
Carolyn Nussbaum is counsel in the Complex Commercial Disputes 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.
My focus
I concentrate my commercial litigation practice in several focused areas, using more than 30 years of experience in the courtroom to represent clients in securities and governance, financial and complex business disputes. My litigation experience also brings a valuable perspective to the negotiating table to assist deal lawyers and clients draft provisions that will be interpreted as intended, and potentially avoid future 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 technical 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, particularly claims of wrongful fees, 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 (FDCPA) claims, claims regarding fee disclosures, and claims arising out of customer misconduct.
Class Actions
I have defended multiple securities class actions and other collective litigations and proceedings alleging consumer and commercial claims. Working together with our clients, we develop an approach, tailored to each case, focused on strategic defense and efficient dispute resolution. I have extensively litigated the ability to pursue multi-claimant and class action arbitrations in the arbitration forum as well as in the courts. We provide value to our clients honed by extensive experience and deep knowledge of the latest developments and trends.
Business Litigation
I work with clients to explore strategies to prompt expedient efficient results of 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 limiting the ability to aggregate arbitrations, we assisted the client in reaching a business resolution that avoided the distraction and expense of continued litigation.
Representative experience
- Successfully obtained dismissal of all federal and state class action antitrust claims and state law unjust enrichment claims against pharmaceutical company client and defeated attempt to restate claims. Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC, 2024 U.S. Dist. LEXIS 17900 (W.D.N.Y. Feb. 1, 2024); Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC, 2022 U.S. Dist. LEXIS 159137 (W.D.N.Y. Sept. 2, 2022).
- Successfully obtained dismissal of all state law claims against issuer alleging false and misleading statements in self-tender offer. Buttonwood Tree Value Partners, L.P. v. R.L. Polk & Co., Inc., 2023 Del. Ch. LEXIS 657 (Del. Ch. Dec. 29, 2023).
- Successful on appeal in reversing district court order requiring case to proceed before court decided motion to compel arbitration. On remand from the appellate court, successfully argued motion to compel arbitration of all claims. Sarah Car Care, Inc., v. Logisticare Sols., LLC, 2023 U.S. App. LEXIS 22008 (3d Cir. Aug. 22, 2023); Sarah Car Care, Inc. v. Logisticare Sols., LLC, 2024 U.S. Dist. LEXIS 4199 (E.D.Pa. Jan. 9, 2024)
- Successfully obtained dismissal of all shareholder derivative claims against corporate client. In re Eastman Kodak Co. Derivative Litig., 2023 U.S. Dist. LEXIS 170607 (W.D.N.Y. Sept. 25, 2023)
- Successfully obtained dismissal of all federal securities class action claims against corporate client. In re Eastman Kodak Co. Sec. Litig., 632 F.Supp.3d 169 (W.D.N.Y. 2022)
- Represented Respondent and obtained award of no damages after multi-day virtual merits hearing administered by the American Arbitration Association (May 2021)
- Represented regional broker-dealer in FINRA investigation, resolving matter with Letter of Acceptance, Waiver and Consent
- Represented regional broker-dealer in FINRA investigation, with successful resolution after on-the-record interview
- Miller v. HCP & Co., 2018 Del. Ch. LEXIS 40 (Del. Ch. Feb. 1, 2018), aff’d, 194 A.3d 908 (2018) (dismissing all claims against limited liability company, its board, and affiliates arising out of sale of the company)
- Buttonwood Tree Value Partners, LP v. R.L. Polk & Co., 2017 Del. Ch. LEXIS (Del. Ch. July 24, 2017) (dismissing fraudulent breach of fiduciary claims against outside directors arising out of self-tender)
- Aozora Bank, Ltd. v. Credit Suisse Group, 40 N.Y.S.3d 407 (1st Dep’t 2016) (affirming dismissal of fraud claims against collateral manager of CDO as time-barred because plaintiff was on inquiry notice more than two years before it commenced suit)
- Healthnow N.Y. Inc. v. Catholic Health Sys., 2015 U.S. Dist. LEXIS 129656 (W.D.N.Y. Sept. 24, 2015) (granting motion to dismiss defamation per se claims and converting motion to dismiss remaining claims to motion for summary judgment)
- Maa-Sharda, Inc. v. First Citizens Bank & Trust Co., (In re Maa-Sharda), 2015 Bankr. LEXIS 1176 (W.D.N.Y. Bk. April 9, 2015) (successfully argued for remand of fraud claims by debtor against mortgagee to state court on abstention grounds)
- Golisano v. Turek, 2015 U.S. Dist. LEXIS 72559 (W.D.N.Y. June 4, 2015) (granting motion to dismiss indemnification claims by guarantor who was also officer of the corporate primary obligor).
- Bausch & Lomb, Inc. v. Sarfarazi, 2013 U.S. Dist. LEXIS 107113 (W.D.N.Y. July 21, 2013) (dismissing counterclaim for reputational damage based on alleged breach of medical device development agreement)
- Corning Incorporated v. Freight Revenue Railway of Miami, Inc., 2012 U.S. Dist. LEXIS 69337 (W.D.N.Y. May 17, 2012) (dismissing claims for defamation)
- Ozbakir v. Scotti, 2011 U.S. Dist. LEXIS 13490 (W.D.N.Y. Feb. 10, 2011) (dismissing RICO and state law fraud claims)
- Klein v. Chase, 2010 U.S. Dist. LEXIS 53866 (W.D.N.Y. June 1, 2010) (dismissing ERISA and contract claims by former employee against financial institution employer)
- Xerox Corporation v. Arizona Digital Products, 2009 U.S. Dist. LEXIS 84015 (W.D.N.Y. Sept. 14, 2009) (denying motion to dismiss certain contract and intellectual property claims by client against former sales agent)
- McDowell Research Corporation v. Tactical Support Equipment, Inc., 2009 U.S. Dist. LEXIS 80884 (W.D.N.Y. Sept. 4, 2009) (dismissing counterclaims against purchaser of business).
- In re Bausch & Lomb ERISA Litigation, 2008 U.S. Dist. LEXIS 106269 (W.D.N.Y. Dec. 12, 2009) (dismissing in their entirety ERISA claims by putative class alleging company stock was an imprudent investment for retirement plan)
- Premium Mortgage Corporation v. Equifax Info. Services, 2008 U.S. Dist. LEXIS 76279 (W.D.N.Y. Sept. 30, 2009), aff’d, 2009 U.S. App. LEXIS 21762 (2d Cir. Oct. 5, 2009) (dismissing claims against credit reporting services as pre-empted by the Fair Credit Reporting Act)
- In re Bausch & Lomb Inc. Securities Litigation, 2008 U.S. Dist. LEXIS 92034 (W.D.N.Y. Nov. 13, 2008) (granting defendants’ motion and dismissing securities fraud claims, in their entirety and with prejudice, against company and eleven individual defendants alleging multiple false statements related to restatement of three years of financial reports and product recall)
- Novartis Pharmaceuticals Corp. v. Bausch & Lomb, Inc., 2008 U.S. Dist. LEXIS 92133 (D.N.J. Nov. 13, 2008) (granting defendant’s motion and dismissing defamation, tortious interference, and misappropriation claims against client)
- Eastman Kodak Company v. Wachovia Bank, N.A., 2007 U.S. Dist. LEXIS 61283 (W.D.NY. August 21, 2007) (denying motion to dismiss fraud claims)
- Eastman Kodak Company v. TeleTech Service Corporation, 2007 U.S. Dist. LEXIS 50139 (W.D.N.Y. July 11, 2007) (granting clients motion to dismiss counterclaims of detrimental reliance and promissory estoppel)
- Pinchuck v. Zarrella (N.Y. Sup. Ct. Monroe Co., 2006/06377, March 30, 2007) (dismissing on motion shareholder derivative claims against board alleging directors breached their fiduciary duties by failing to inform themselves of circumstances leading to product recall)
- In re Eastman Kodak Company Securities Litigation, 2006 U.S. Dist. LEXIS 79879 (W.D.N.Y. 2006) (securities fraud claims against issuer and its directors and officers dismissed in their entirety on motion)
- Miller v. Allaire, 2006 Conn. Sup. LEXIS 1575 (Sup. Conn. 2006) (derivative claims against Xerox Corporation and its officers and directors dismissed on motion)
- In re Corning Incorporated Securities Litigation, 2004 U.S. Dist. LEXIS 8741 (W.D.N.Y. 2004), aff'd, 2005 U.S. App. LEXIS 5259 (2d Cir. 2005) (granting defendants’ motion and dismissing securities fraud claims against company and its officers under the Securities Act and Securities Exchange Act in their entirety)
Looking ahead
Covid-19 has reshaped commercial relationships and engendered unique and novel legal issues. Businesses need the counsel of those who have had experience navigating regulatory issues to nimbly—and responsibly— transform their operations to meet the emerging challenges and opportunities of this extraordinary time. Businesses need to be attuned to the risks that come with accelerated change, working now to assess, plan for, anticipate and manage internal and external risk, including reviews of procurement policies and contractual provisions.
In the governance area, the events of the past year have accelerated discussion and attention to the development of environmental, social and governance (ESG) standards and policies. We have seen a growth in shareholder activism and litigation around disclosures and implementation of ESG policies. This trend is likely to expand, with increased scrutiny from regulators as well as investors.
/Insights
Publications
Ms. Nussbaum has published several articles and book chapters, including:
- “Delaware Chancery Court issues rare decision finding Material Adverse Effect justifying termination of merger,” Transaction Advisors, October 2018
- “Alternative Dispute Resolution Law,” ABA Annual Review of Developments, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022
- “U.S. Supreme Court: Sarbanes-Oxley’s Whistleblower Protections Reach Private Contractors,” Corporate Governance Advisor, Volume 22, No. 3, May/June 2014
- “Who Decides: The Court or the Arbitrator?” Business Law Today, March 2014
- “New Developments in Securities Litigation: The Impact of Recent Supreme Court Decisions on Securities Litigation,” Aspatore, 2010
- “Practice Insights,” UCC sections 2-602, 2-606, 2-607, 2-702, 2-703, 2-705, 2-708, NY Cons. Laws Serv., Mathew Bender & Co., Inc. (2006) (available online through Lexis)
Presentations
Ms. Nussbaum is a regular speaker on securities litigation, corporate governance, and ethical issues at industry and legal events, including:
- “What Hat Am I Wearing? Legal Ethics in Corporate, M&A, and Other Matters,” Nixon Peabody California MCLE Virtual Seminar, January 17, 2024
- “The Evolution of ADR in a Pandemic Environment and Beyond,” Nixon Peabody Webinar, April 29, 2021
- “The Brave New World - Mitigating Emerging Risks in M&A,” Nixon Peabody Webinar, March 16, 2021
- “What a Strange Long Trip We’re On: ADR in the POST-COVID-19 World,” American Bar Association, Litigation Section Annual Conference for Corporate Counsel, February 17, 2021
- “Mitigating and Managing Reopening Risks in the Esports & Gaming Industry,” Esports Bar Association, Webinar, September 15, 2020
- “Mitigating Reopening Risk for Businesses (Reopening New York: A Series),” Webinar, June 12, 2020
- “Reopening New York: A Series,” Webinar, May 28, 2020
- “Mitigating Reopening Risk,” Greater Rochester Chamber of Commerce, May 2020
- “Do we have an agreement? Oral agreements, LOI’s, and the Covenant of Good Faith and Fair Dealing,” Nixon Peabody’s Complimentary CLE Program, Rochester, NY, March 6, 2020
- “M&A Litigation Update 2019,” Monroe County Bar Association, October 2019
- “Procure and Protect: Non-disclosure agreements and data security,” Rochester, NY, June 25, 2019
- “M&A Post-Closing Disputes: Who agreed to that?!,” Nixon Peabody’s CLE Program, Rochester, NY, March 9, 2018
- “M&A Point/Counterpoint: Words Matter—In the Board Room and in the Courtroom,” Nixon Peabody’s CLE Program, Rochester, NY, March 8, 2019
- “Procure and Protect – Commercial Law Series: Vendor/Supplier Indemnification Issues,” Rochester, NY, May 3, 2018
- “Evidence Institute: Admissibility of Electronic Evidence,” Monroe County Bar Association, May 2018
- “ABA Leadership in the Law 2015,” Monroe County Bar Association, October 23, 2015
- “Meet our Newest Federal Court Judges,” Monroe County Bar Association, April 21, 2015
- “Blowing the Whistle on Fraud: Ethical Considerations,” New York State Bar Association, December 2013
- “Evidence Institute: Admissibility of Electronic Evidence,” Monroe County Bar Association, June 2013
- “Blowing the Whistle on Fraud: The SEC Whistleblower Program,” New York State Bar Association, Commercial and Federal Litigation Section, May 2013
In the news
- Rochester Democrat & Chronicle
Rochester trial to decide ownership of million-dollar painting
June 4, 2024This article covers a trial over the ownership of Egon Schiele’s “Portrait of the Artist’s Wife” water-colored drawing. Thaddeus Stauber, Arts & Cultural Institutions team leader and Los Angeles Privacy & Technology partner, is quoted from the closing arguments and mentioned for representing the Robert Owen Lehman Foundation. The NP team also includes Rochester Complex Disputes senior counsel Carolyn Nussbaum, counsel Aaron Brian, and associate Zachary Osinski, both of the Los Angeles office.
- The American Lawyer’s Litigation Daily
Litigator of the week runners-up and shout outs
Feb 9, 2024This article highlighting the week’s top litigation wins mentions Rochester Complex Disputes senior counsel Carolyn Nussbaum for representing Novo Nordisk, one of the pharmaceutical companies that defeated a class action bid over the companies’ alleged efforts to restrict exposure to a federal insulin discount program for safety-net hospitals and clinics.
- Law360
Kodak scores exit from investors’ COVID supply deal suit
Sep 26, 2023This article covers a litigation victory for Kodak, dismissing derivative insider trading lawsuits tied to a Covid-19 medical supply deal a year after a federal securities lawsuit was dismissed. The article mentions Complex Disputes partner Carolyn Nussbaum and Privacy & Technology partner Rick McGuirk, both of Rochester, for representing Kodak in the case.
- Rochester Business Journal
2023 Women of Excellence honorees announced
March 10, 2023This article announcing recipients of the publication’s “2023 Women of Excellence” awards highlights Rochester Complex Disputes partner Carolyn Nussbaum as one of seven women to be inducted into its “Circle of Excellence.” Inductees are recognized for their longstanding, notable success in the community, and for leading the way for other women.
- Rochester Business Journal
What every business should know about arbitration provisions in 2022
Dec 6, 2022Complex Disputes partners Carolyn Nussbaum from Rochester and Michael Summerhill from Chicago contributed this article discussing the pros and cons for businesses considering arbitration and the importance of updating and customizing arbitration provisions.
- Bloomberg Law
Eastman Kodak beats securities suit over COVID-linked loan deal
Sep 28, 2022This article mentions NP for representing the Eastman Kodak Company, which secured the dismissal of a securities lawsuit brought by investors complaining of options granted to executives just before announcement of Kodak’s potential participation in a government program to fund expansion to produce pharmaceutical products in the early months of the COVID-19 pandemic. Rochester Complex Disputes partner Carolyn Nussbaum and Privacy & Technology partner Rick McGuirk served as counsel for the company. Rochester Labor & Employment partner Steve Jones is client attorney for Kodak. The NP team also included Rochester Complex Disputes associate Sarah Tufano, senior paralegal Amy Demanchick, and practice assistants Kathy Elhelw and Darbie James.
- CNBC
The Silicon Valley fallout from waging economic war against Russia
This article on challenges related to tech and venture capital firms amid Russia sanctions quotes Rochester Complex Disputes partner Carolyn Nussbaum on force majeure clauses in business contracts and the lack of clarity and visibility around sanctions and how they may impact foreign businesses.March 17, 2022 - WXXI
RCSD special education students get more legal support
This article, covering the federal court’s approval of an amended consent decree that further resolves claims in a class action lawsuit alleging the Rochester City School District failed to provide adequate services to students with disabilities, quotes Rochester Complex Disputes partner Carolyn Nussbaum on the unique nature of the case and its grassroots origins.March 14, 2022 - The New York Daily Record
School district settles class action suit
This article, covering the federal court’s approval of an Amended Consent Decree that further resolves claims in a class action lawsuit alleging the Rochester City School District failed to provide adequate services to students with disabilities, quotes Rochester Complex Disputes partner Carolyn Nussbaum on the groundbreaking and collaborative nature of the settlement. Notably, the presiding judge is quoted in the article praising NP’s pro bono work on the case.March 11, 2022 - Rochester Business Journal
Women of Excellence
Rochester Complex Commercial Disputes partner Carolyn Nussbaum has been named as one of the publication’s 2021 “Women of Excellence“ award winners, recognizing high-achieving women for their professional experience, community involvement, leadership, and sustained commitment to mentoring.April 2, 2021 - Rochester Business Journal
Five steps businesses can take now to minimize coronavirus-related risk
Rochester Corporate partner Jeremy Wolk contributed this column on how businesses can prepare now for legal implications of the coronavirus, putting themselves in a stronger position for long-term success. The column was adapted from an NP alert by Rochester Complex Commercial Disputes partners Carolyn Nussbaum and Rick McGuirk.June 12, 2020 - The Daily Record
MCBA President’s Message: A year-end perspective — Looking forward to what might be
In her final monthly column as president of the Monroe County Bar Association, Rochester Complex Commercial Disputes partner Carolyn Nussbaum reflects on the last three months of her presidency, focusing on the bar association’s role and its responsibility to educate, inform and address overt racism in response to the death of George Floyd.June 10, 2020 - The Daily Record
MCBA President’s Message: His legacy will endure: The Honorable Michael A. Telesca
In her monthly column as president of the Monroe County Bar Association, Rochester Complex Commercial Disputes partner Carolyn Nussbaum relates a story from early in her legal career that illustrates the impact of the late U.S. District Judge Michael Telesca.March 11, 2020 - Rochester Business Journal
Preparing for a lawsuit vs. your firm always a prudent idea
This article highlighting the steps management should take to protect a company’s brand during litigation features Rochester Complex Commercial Disputes partner Carolyn Nussbaum discussing the value of enlisting a public relations consultant to help with messaging.March 6, 2020 - The Daily Record
This month at the MCBA: Initiatives, innovation and collaboration
In her monthly Monroe County Bar Association President’s Message, Rochester Complex Commercial Disputes partner Carolyn Nussbaum discusses a new, voluntary and confidential process designed to provide area judges with valuable feedback and improve bench-bar relations.Feb 12, 2020 - The Daily Record
MCBA President’s Message: Busy holiday season highlights MCBA’s importance
Rochester Complex Commercial Disputes partner Carolyn Nussbaum, the president of the Monroe County Bar Association, wrote this column detailing the crucial role the MCBA played in managing the various complications resulting from the unexpected departure of a state Supreme Court justice.Jan 8, 2020 - The Daily Record
MCBA President’s Message: On to 2020—a year of change and innovation
As the current president of the Monroe County Bar Association (MBCA), Rochester Complex Commercial Disputes partner Carolyn Nussbaum authored this column about the MBCA’s accomplishments over the past year, upcoming member programming, and goals for 2020.Dec 11, 2019 - The Daily Record
Gone but not forgotten: programs that make both Rochester and the MCBA special
In her latest Monroe County Bar Association President’s Message, Rochester Complex Commercial Disputes partner Carolyn Nussbaum writes about the collegiality and traditions of the Rochester legal community, including the annual ceremony to honor lawyers and judges who have passed away.Oct 9, 2019 - The Daily Record
MCBA president’s message: The collaboration between bench and bar, for the benefit of all
Rochester Complex Commercial Disputes partner Carolyn Nussbaum wrote this contributed article outlining the collaboration between attorneys and judges to increase diversity in the courtroom.Sep 11, 2019 - The Daily Record
MCBA president’s message: Are bar associations relevant?
Rochester Complex Commercial Disputes partner Carolyn Nussbaum and president of the Monroe County Bar Association wrote this article emphasizing the many ways these local organizations contribute to individual lawyers, the legal profession and the community at large.Aug 7, 2019 - The Daily Record
MCBA President’s Message: MCBA harnesses the power of the collective
Rochester Complex Commercial Disputes partner Carolyn Nussbaum, who was sworn in last month as the new president of the Monroe County Bar Association, wrote this contributed article about why she wanted to lead the organization and how attorneys can maximize their impact by working together.July 10, 2019 - The Daily Record (Rochester)
Carolyn Nussbaum leads MCBA
Rochester Complex Commercial Disputes partner Carolyn Nussbaum discussed her role as president of the Monroe County Bar Association. Carolyn was sworn in earlier in June.June 26, 2019 - The Daily Record
Carolyn G. Nussbaum sworn in as bar president
Rochester Complex Commercial Disputes partner Carolyn Nussbaum was sworn in on Wednesday as the president of the Monroe County Bar Association.June 13, 2019 - Financial Times
Why the Delaware ruling on Akorn-Fresenius deal matters
Rochester Complex Commercial Disputes partner Carolyn Nussbaum is quoted in this article analyzing an important recent decision by the Delaware Chancery Court regarding Material Adverse Effects in corporate M&A deals.Oct 20, 2018 - Financial Times
Why the Delaware ruling on Akorn-Fresenius deal matters
Rochester Complex Commercial Disputes partner Carolyn Nussbaum is quoted in this article analyzing an important recent decision by the Delaware Chancery Court regarding Material Adverse Effects in corporate M&A deals.Oct 19, 2018 - Law360
$4.8B Akorn ruling more outlier than shift at Chancery
In the following coverage, Rochester Corporate partner Lori Green, Complex Commercial Disputes partners Rick McGuirk and Carolyn Nussbaum, and New York City Complex Commercial Disputes partner Chris Mason analyze a key ruling by the Delaware Chancery Court that affirmed the existence of a material adverse event allowing German pharmaceutical company Fresenius to back down from a merger with Akorn, Inc.Oct 15, 2018 - Law360
Delaware Chancery Court issues rare decision finding Material Adverse Effect justifying termination of merger
In the following coverage, Rochester Corporate partner Lori Green, Complex Commercial Disputes partners Rick McGuirk and Carolyn Nussbaum, and New York City Complex Commercial Disputes partner Chris Mason analyze a key ruling by the Delaware Chancery Court that affirmed the existence of a material adverse event allowing German pharmaceutical company Fresenius to back down from a merger with Akorn, Inc.Oct 15, 2018 - Rochester Business Journal
Area experts react to Congress’ revision of Dodd-Frank Act
Rochester Complex Commercial Disputes partner Carolyn Nussbaum is quoted in this article analyzing the impact of changes to the Dodd-Frank banking law and the Consumer Financial Protection Bureau.July 20, 2018 - Business Insurance
Ruling Allowing Securities Litigation in State Courts Could Spur Additional Lawsuits
Rochester commercial litigation partner Carolyn Nussbaum is quoted in this article on the impact of a recent Supreme Court ruling that upends a set of 1995 reforms to the process of securities-offerings litigation.March 27, 2018 - Rochester Business Journal
Companies want more business-savvy attorneys on staff
Rochester commercial litigation partner Carolyn Nussbaum is quoted in this article about the evolving role of outside counsel for corporate clients.Dec 8, 2017 - Business Insurance
Next step for appeal unclear
Rochester commercial litigation partner Carolyn Nussbaum is quoted in this article regarding the likelihood that United States of America v. Mathew Martoma will obtain Supreme Court review.Oct 2, 2017 - Business Insurance
Prosecuting insider trading charges could be easier after appeals court ruling
Rochester commercial litigation partner Carolyn Nussbaum was quoted in this article about possible ramifications from the ruling in the insider trading case United States of America v. Mathew Martoma.Sep 5, 2017 - Rochester Business Journal
Much ado about arbitration and CFPB decision
Rochester commercial litigation partner Carolyn Nussbaum authored this column about the debate over mandatory arbitration.July 28, 2017 - New York Law Journal
Top women in the law
Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is profiled in this article as a result of her recent “Top Women in the Law” recognition.Nov 14, 2016 - Law360
Future of Dodd-Frank uncertain under Trump
This piece focuses on the changes we may see in the financial industry in a Trump administration. Rochester commercial litigation partner and office managing partner Carolyn Nussbaum provides commentary throughout the article discussing the likely impact on the Consumer Financial Protection Bureau and the Volcker Rule.Nov 11, 2016 - New York Law Journal
Japanese bank's MBS suit against JP Morgan revived
Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is included as counsel representing Harding Advisory LLC in a case about allegations of fraud connected to collateralized debt obligations.Nov 7, 2016 - Law360
Credit Suisse, UBS beat lender's CDO fraud suits on appeal
Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is included as counsel representing Harding Advisory LLC in a case about allegations of fraud connected to collateralized debt obligations.Nov 3, 2016 - Democrat & Chronicle
Business spotlight: Nixon Peabody
Rochester commercial litigation partner and office managing partner Carolyn Nussbaum is quoted throughout this profile piece about Nixon Peabody’s Rochester office and the work the firm has done in the Rochester area and beyond.Oct 22, 2016 - New York Law Journal
Top Women in Law 2016
Rochester office managing partner Carolyn Nussbaum, nominated by the Women’s Bar Association of the State of New York, was selected by New York Law Journal among the 2016 “Top Women in Law.” The list shines a light on the outstanding work and notable achievements of female attorneys across New York State.Sep 16, 2016 - Rochester Business Journal
Tough Insider-Trading Policies Help Avoid Risky Situations
Rochester office managing partner and Commercial Litigation partner Carolyn Nussbaum is quoted throughout this feature story discussing the importance of strong training and compliance programs.Dec 12, 2014 - Rochester Business Journal
Finalists Chosen for 2015 Athena Awards
Rochester office managing partner and Commercial Litigation partner Carolyn Nussbaum is named among the 10 finalists for the 2015 Athena Award recognizing women who are achievers in the workplace and give back to the community.Oct 17, 2014 - Rochester Business Journal
Discovery Process Can Hold Key to Resolution of Legal Case
Commercial Litigation partner and Rochester office managing partner Carolyn Nussbaum provides commentary in this feature story on the discovery process.June 13, 2014 - Rochester Business Journal
Law: Preparation, prompt response limit impact of disputes
Rochester Business Transactions partner Jeff LaBarge and Rochester office managing partner Carolyn Nussbaum authored this column on preparation for business disputes.June 13, 2014 - Rochester Business Journal
Post-recession, it's still a buyer's market for legal services
Rochester office managing partner Carolyn Nussbaum is featured in this special report on the legal industry. Carolyn highlights the growing number of companies doing business abroad and how we are servicing those clients through the firm’s offices in Asia and our Terralex network.May 2, 2014 - The Corporate Governance Advisor
Sarbanes-Oxley's Whistle-blower Protections Reach Private Contractors
This column discusses the Supreme Court’s interpretation of Sarbanes-Oxley whistleblower protection to reach employees of public company's private contractors. Commercial Litigation partners Carolyn Nussbaum and Jon Sablone, Labor & Employment partner David Rosenthal and Government Investigations & White Collar Defense partner Grayson Yeargin authored the piece.May 1, 2014 - Business Law Today (an American Bar Association publication)
Who Decides: The Court or the Arbitrator?
Rochester Commercial Litigation partner Carolyn Nussbaum and New York Commercial Litigation partner Chris Mason co-authored this article focusing on arbitration clauses and how they are applied in court.March 1, 2014
Admitted to practice
New York
District of Columbia
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. Supreme Court
Education
George Washington University, J.D., with high honors, Order of the Coif
Smith College, B.A.
Professional activities
Carolyn Nussbaum has been appointed by the Chief Judge to serve on the statewide Commercial Division Advisory Council to advise the judiciary of the Commercial Division of the Supreme Court of the State of New York and also was appointed to the Pandemic Practice Working Group of the Commission to Reimagine the Future of NY Courts. She is a past president of the Monroe County Bar Association and a former Trustee of the Foundation of the Monroe County Bar. She is actively involved in the legal profession as a member of the New York Law Journal’s Board of Editors; the New York State Bar Foundation (Fellow); the New York State Bar Association (elected delegate); the Volunteer Legal Services Project (past president); the Women’s Bar Association of the State of New York (past director); and the Greater Rochester Association for Women Attorneys (past president). She was appointed and serves on the Character and Fitness Committee for the Seventh Judicial District; as well as a member of the Committee on the Local Rules for the Western District of New York.
Carolyn is the General Counsel and member of the Executive Committee of the Rochester Area Community Foundation (and past chair of the governance committee); founding and current board member of Cancer Wellness Connections, Inc.; past co-chair of the Levine Center to End Hate, an initiative of the Jewish Community Federation of Rochester Inc. (of which she is a past president and current member of the Board of Governors); member of the Finance Committee of The Jewish Federations of North America (and past board member); former board member and officer of Temple Beth El of Rochester and the Jewish Community Center of Rochester; and a former board member of Jewish Senior Life.
Recognition
- Carolyn was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Arbitration; Bet-the-Company Litigation; Commercial Litigation; Corporate Governance Law; Litigation—Banking and Finance; Litigation—Labor and Employment; Litigation—Mergers and Acquisitions; and Litigation—Securities. She has been listed in Best Lawyers since 2003, and was named Rochester “Lawyer of the Year” in 2025 for Litigation - Mergers and Acquisitions, in 2023 and 2020 for Arbitration, in 2024 and 2021 for Corporate Governance law, in 2019 and 2017 for Litigation—Labor and Employment, in 2024, 2018 and 2015 for in Bet-the-Company Litigation, and in 2024 and 2014 for Litigation—Securities.
- Carolyn has also been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2025 for Litigation: General Commercial (Upstate New York); as well as in previous years.
- Carolyn has been recognized as an “Rochester, New York Super Lawyer” by the publishers of Super Lawyers magazine for each year since 2007. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations, and peer evaluations.
- In October 2016, Carolyn was honored as one of the “Top Women in Law” by the New York Law Journal, following her selection in January 2015 as an “ATHENA Awards” finalist and as a “Top Women in Law” award recipient by the Daily Record in May 2013.
- Based on a peer-review survey conducted by New York Upstate Super Lawyers magazine, she has been selected as one of the Top 25 Women annually since 2007, one of the Top 50 Upstate Super Lawyers in 2007–2008, 2012–2013, and one of the Top 10 Upstate Super Lawyers in 2007.
- Carolyn has also received an AV Preeminent® Peer Review Rating™ from Martindale Hubbell®, the highest possible rating for ethics and legal ability from her peers and the Judiciary.
Insights And Happenings
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Partner / Leader, Class Actions and Aggregate Litigation / Co-Leader, TCPA & Consumer Privacy Team- Manchester
- Office:+1 603.628.4047
- ddeane@nixonpeabody.com
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Christopher M. Mason
Partner / Deputy Leader, Class Actions & Aggregate Litigation / Leader, Arbitration Team- New York City
- Office:+1 212.940.3017
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Joseph J. Ortego
Partner / Chair, NP Trial / Leader, Aviation- New York City
- Office:+1 212.940.3045
- jortego@nixonpeabody.com
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Stephen J. Jones
Partner / Co-Leader, Wage & Hour Compliance & Litigation Team- Rochester
- Office:+1 585.263.1386Mobile:+1 585.281.5880
- sjones@nixonpeabody.com
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