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Nicole Bearce Albano is a member of the firm’s Class Action and Derivative Litigation Practice, its Capital Markets Litigation Practice, and its Appellate Practice. Nicole is an experienced litigator at both the trial and appellate levels and has appeared in the federal and state courts of New Jersey and New York, as well as the chancery courts of New Jersey and Delaware. She is passionate about advocating on behalf of her clients -- a drive that was kindled from the beginning of Nicole's legal career representing pro bono clients as a student attorney while at Harvard Law School. She was recognized as a "Rising Star" by New Jersey Super Lawyers in 2006, 2007 and 2008.
Much of Nicole's practice focuses on representing and advising institutions of higher education in dealing with the myriad issues facing these unique entities. A current representative matter includes her work on behalf of a renowned Ivy League research university in a nationally prominent derivative litigation that raises a number of issues of first impression involving academic freedom, donor intent, and the fiduciary duties of directors of a "supporting" charitable corporation. Plaintiffs seek, among other things, to sever the ties between the University and the supporting foundation, the latter of which has assets of approximately $900 million. The case is currently scheduled for trial in January 2009. In addition, Nicole has represented another large state university client in a number of matters that have included contract disputes, challenges to vendor bidding processes, class action suits, student grievances, as well as a qui tam action that involved multiple college and university defendants across the nation.
In addition, Nicole has helped her corporate clients in the pharmaceutical, public utility, chemical, and financial services industries navigate a variety of complex commercial litigation, including corporate governance disputes, oppressed minority shareholder claims, derivative litigation, class action suits, business tort actions, consumer fraud and real estate matters. Her diverse experience on behalf of these clients -- which has included all phases of fact and expert discovery, motion practice, jury and bench trials, appellate arguments, and mediation -- lends broad perspective and context to her work with public, private and non-profit organizations.
Nicole has had more than a decade of experience with the appellate courts in New Jersey, beginning with her tenure as a judicial clerk to the Honorable Marie L. Garibaldi, the first female jurist on the New Jersey Supreme Court. Nicole's record of success in the appellate arena includes the recent decision of Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, 388 N.J. Super. 67 (App. Div. 2006), in which she obtained a reversal of the trial court's decision that had affirmed a zoning board's grant of a use variance. The Saddle Brook decision, which rejected the board of adjustment's attempt to usurp the governing body's legislative power, has been featured in The New York Times as well as the Bergen Record and is also cited multiple times in New Jersey's land use treatise, N.J. Zoning and Land Use Administration with Comments and Annotations by William M. Cox with Donald M. Ross (Gann 2008). Nicole was also integrally involved in the published decisions of Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004) (affirming, in part, the decertification of the class, and affirming the trial court’s exclusion of the classwide damages model proffered by plaintiffs), and Lipman v. Rutgers, the State University of New Jersey, 329 N.J. Super. 433 (App. Div. 2000) (establishing the proper standard for judicial review of a tuition domicile decision by the university).
Based on the breadth of her experience, Nicole was appointed to both the Class Action Committee and the Special Committee on Higher Education of the New Jersey State Bar Association. She is also an active member of the National Association of College & University Attorneys.
In addition to her practice, Nicole chairs Lowenstein Sandler's Diversity Initiatives Committee, which now includes within its umbrella the firm's internal Women's Initiative. The Diversity Initiatives Committee and LS Women's Initiative focus strategically on issues related to the development, retention and advancement of attorneys at the firm. Nicole has long been involved as a member of the firm's recruiting process and Attorney Career Development Committee, has spearheaded numerous continuing legal education programs for attorneys at all levels of the Litigation Department, currently serves on the LS University Steering Board, and chairs the firm's Peer-to-Peer mentoring program. Externally, Nicole serves on the Planning Committee for the National Association of Women Lawyers; on the Board of Directors for the New Jersey Women Lawyers Association; and as a firm liaison to the Center for Work-Life Policy's "Hidden Brain Drain" Task Force, which is comprised of leaders and experts from the private sector and academe focusing on women and minorities as unrealized assets for their employers.
In all aspects of her life, Nicole is motivated by her strong desire to be a role model for her young daughter. Nicole is an active and enthusiastic volunteer leader for her daughter's Girl Scout Daisy troop, and takes pride in helping the girls grow in confidence and courage.
Speaking Engagements
- Annual Mentoring Dinner Program Featuring the General Counsel of the Ferolie Corporation, Moderator, June 10, 2008
- Guest Lecturer, Seton Hall University School of Law, Presentation on the implications of the appellate decision, Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, 388 N.J. Super. 67 (App. Div. 2006), New Jersey Land Use Practice seminar, March 26, 2008
- "New Jersey's Finest," NJBiz, Presenter, December 5, 2007
- "Donors, Heirs, Desires and Academic Freedom: Perspective and Context Regarding Robertson v. Princeton University" Nicole Bearce Albano, Peter G. McDonough & Lorraine Sciarra, 47th Annual Conference of the National Association of College and University Attorneys (NACUA), June 29, 2007
- Annual Mentoring Dinner Program Featuring the General Counsel of the Juilliard School, Moderator, June 19, 2007
- Annual Mentoring Dinner Program Featuring the Vice President and Associate General Counsel of Litigation & Conflict Management at Schering-Plough Corporation, Moderator, September 28, 2006
Published Decisions
- Muise v. GPU, Inc., 391 N.J. Super. 90 (App. Div. 2007)
- Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, 388 N.J. Super. 67 (App. Div. 2006)
- Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004)
- Lipman v. Rutgers, the State University of New Jersey, 329 N.J. Super. 433 (App. Div. 2000)
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Donors, Heirs, Desires and Academic Freedom: Perspective and Context Regarding Robertson v. Princeton University
National Association of College and University Attorneys (NACUA), June 29, 2007
Nicole Albano
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To Her, Diversity Means Distinguishing Yourself in a Crowd
MultiCultural Law, 2007
Nicole Albano
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The Future of Class Actions in New Jersey: Alive and Well?
Prepared Written Materials for Presentation by the Class Action Committee at the New Jersey State Bar Association Annual Meeting, May 2005
Nicole Albano
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Nicole Bearce Albano discusses STRIDES—Advancing Women in Business, an external firm initiative that promotes visibility, leadership opportunities, and quality peer interaction for women in business, and complements the firm's internal women's initiative.,
Multicultural Law, March 2008
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Nicole Bearce Albano discusses successful appeal filed on behalf of Saddle Brook Realty, where the Appellate Division found no special reasons to justify grant of use variance to competitor.,
The Bergen Record, September 14, 2006
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In the wake of increased legal action against utilities following power outages, Nicole Bearce Albano discusses various aspects of class actions filed against public utilities and the road blocks that often exist.,
The Greenville News, January 7, 2006
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Harvard Law School
(J.D., 1997),
cum laude; Vice President, Harvard Legal Aid Bureau; Executive Editor, Harvard Women's Law Journal
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Drew University
(B.A., 1994),
summa cum laude, Phi Beta Kappa, Drew Scholar
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New Jersey
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New York
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1998,
U.S. District Court, District of New Jersey
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2001,
U.S. District Court, Southern District of New York
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2001,
U.S. District Court, Eastern District of New York
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- Association of the Federal Bar of New Jersey
- American Bar Association, Litigation Section
- Committee on Class Actions & Derivative Suits
- Committee on Appellate Practice
- New Jersey State Bar Association
- Class Action Committee
- Special Committee on Higher Education
- National Association of College and University Attorneys
- Editorial Board, NACUA Notes
- Hidden Brain Drain Task Force
- National Association of Women Lawyers
- New Jersey Women Lawyers Association
- Cafecito Networking Group for Latina women attorneys
- Harvard Law School Association of New Jersey
- Barrister, Justice William J. Brennan, Jr. Inn of Court (1999 - present)
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