Barclay Damon
Barclay Damon

Carolyn 
     Marcotte

Carolyn Marcotte

Counsel

p: 617.274.2904

f: 617.722.6003

icon_email cmarcotte@barclaydamon.com
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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Carolyn primarily concentrates her practice on complex commercial litigation. She represents 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 noncompetition cases, and employment-discrimination and wrongful-termination suits. Carolyn is also retained by insurers to defend clients in various tort actions, including products-liability, personal-injury, and property-damage cases.

Carolyn 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 as well as in state and federal court. She also advises clients on employment issues and counsels them on ways to avoid litigation as well as pre-litigation strategy to best achieve their business goals.

In addition to her own practice, Carolyn serves on the firm’s Next Generation Committee.

Representative Experience

  • Obtained dismissal of whistleblower and wrongful termination claims on behalf of a national amenities service provider in Ohio State Court.
  • Represented a national point-of-payment company in connection with several complaints filed at the Massachusetts Commission Against Discrimination 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 dollar 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 noncompetition 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 not-for-profit social-services organization regarding real estate tax abatement and exemption issues.
  • Counseled on a 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.
  • Provides 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 NYS Attorney General.
  • Represented a privately held investment advisor in numerous lawsuits consolidated in the Southern District of New York arising out of a major Ponzi scheme.
  • Successfully represented a national media company in a news aggregation copyright and trademark-infringement case.
  • 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.
  • Represented 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.
  • Successfully represented 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.
  • Represented a national high-tech services provider in wage-and-hour class-action litigation brought by computer service technicians.
  • Represented a regional newspaper in a successful effort to gain public access to court filings and a hearing on a temporary abuse restraining order against a deputy chief of police.
  • Represented 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

Education

  • 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

  • Boston Bar Association
  • Massachusetts Bar Association
  • Barclay Damon Women's Forum

 

    Speaking & Publications

    • Boston Bar Association Law Day in the Schools Program, "Free Speech, Free Press, Free Society"
    • Barclay Damon, "2019 Updates: MA Paid Family Medical Leave Law and NY Paid Family Leave Act" Webinar
    • Barclay Damon, “Restrictive Covenants and Noncompetition Law Developments: Are Noncompetition Agreements Still Enforceable?” Webinar

    Honors

    • Boston Bar Association, President’s Award, 2014

    Prior Experience

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

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