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Nicole Bearce Albano is a dynamic and hard-driving litigator at both the trial and appellate levels. Nicole works with clients in the pharmaceutical, cosmetics, consumer goods, financial services, utility, and higher education sectors. Nicole handles a broad range of matters, including pharmaceutical and mass tort litigation; contract claims and partnership disputes; as well as shareholder derivative and ERISA class actions. Nicole also counsels business owners who face the unfortunate circumstance of navigating business divorce -- matters that often involve claims of fiduciary breach as well as corporate governance conflicts, oppression claims, business tort actions, valuation disputes, nuanced contract interpretation, dissolution defenses, real estate matters and emergent/injunctive relief.
Nicole co-chairs Lowenstein Sandler’s Appellate Practice Group and has successfully prosecuted and defended a variety of appeals over the course of more than a dozen years since her tenure as a judicial clerk to the Hon. Marie L. Garibaldi on the New Jersey Supreme Court. Nicole 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. Nicole is well versed in electronic discovery issues, as she co-leads the Litigation Department's Task Force on Electronic Discovery and also serves on the E-Discovery Committee for the International Institute for Conflict Prevention and Resolution (CPR).
Nicole's work as a litigator has earned her several honors, including both the 2010 New Jersey Law Journal "40 Under 40" and NJBIZ "Forty Under 40" awards for professional excellence and commitment to community, as well as recognition as a "Rising Star" by Super Lawyers for the past seven consecutive years. She has been appointed to both the Class Action Committee and the Special Committee on Higher Education of the New Jersey State Bar Association, serves as a firm liaison to the Network of Trial Law Firms, and is also an active member of the National Association of College & University Attorneys.
Selected Case Highlights:
- Currently represents Bristol-Myers Squibb defending more than 160 lawsuits, designated as a mass tort for centralized case management purposes, alleging personal injury and property damages stemming from purported environmental contamination near the company’s facilities in New Brunswick, New Jersey. These cases are pending before the Hon. Carol E. Higbee, P.J. Cv., in Atlantic County.
- Represents an international generics pharmaceutical company in connection with contractual disputes surrounding several development, supply and marketing agreements.
- Represents a specialty pharmaceutical company in a commercial dispute related to its licensing agreement to manufacture and commercialize a recently acquired product.
- Led the development and introduction of the expert case for a financial services software company in a business divorce trial, involving a valuation dispute as well as fiduciary duty and oppressed minority shareholder claims.
- Participated as integral trial team member for Princeton University in nationally prominent derivative litigation that raised a number of issues of first impression involving conflicts of interest, the fiduciary duties of directors of a "supporting" charitable organization, academic freedom, donor intent, and the application of the cy pres doctrine. The ultimate resolution, described by plaintiffs as the largest "donor intent" settlement in U.S. history, resulted in severing the ties between the parties; the University remaining in control of the Robertson Foundation endowment (then valued at more than $600 million); and plaintiffs being provided funds to create a new nonprofit charitable institution.
- Performed early case assessment and defended large pharmaceutical client confronting a complex contractual dispute that challenged its strategic alliance with another major pharmaceutical business partner.
- Represented leading provider of imaging, audio-video, and Internet connectivity applications in defense and settlement of ERISA class action claiming participants in the plan suffered losses as a result of breaches of fiduciary duty.
- Counseled director, officer and stockholder of privately held emerging growth company in the face of alleged breaches of fiduciary duty by majority stockholders and other directors.
- Provided litigation counsel to family-owned business relating to dispute with third-party private label credit card portfolio manager (preparing for litigation requesting emergent relief to recover proprietary business information, but successfully negotiating and obviating the need for judicial process).
- Furnished advice to university client merging several campuses and governance structures to minimize potential litigation related to changes in organization, curriculum, and financial aid.
A visible leader at the firm, Nicole contributes to its strategic growth and direction by sitting on the Operating Committee and Strategic Planning Committee. The immediate past chair of Lowenstein Sandler's Diversity Initiatives Committee (which includes within its umbrella the firm's internal Women's Initiative,) Nicole remains on the Steering Committee for both. 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, and chairs the firm's Peer-to-Peer mentoring program.
Nicole is dedicated to giving back to the community. She serves on the Board of Directors for the North Star Academy Charter Public School in Newark; she also serves on the Board of Trustees (and Executive Committee) for the New Jersey Coalition Against Sexual Assault (NJCASA) and the Harvard Law School Association of New Jersey. In addition, Nicole is a Board member for the New Jersey Women Lawyers Association; serves on the Planning Committee for the National Association of Women Lawyers; and is a lifetime member of the Hispanic Bar Association of New Jersey.
In all aspects of her life, Nicole is motivated to be a role model for her young daughter. Nicole is an active and enthusiastic volunteer leader for her daughter's Girl Scout troop, and takes pride in helping the girls grow in confidence and courage.
Speaking Engagements
- "Business Valuation for Lawyers," New Jersey Institute for Continuing Legal Education, Fairfield, New Jersey, February 18, 2012
- "The 2011 E-Discovery Briefing: Dealing With the Emerging Issues," The Huron Legal Institute's 2011 E-Discovery Briefing, Newark, NJ, October 5, 2011
- "Ethics and Realities of Alternate Fee Arrangements," Network of Trial Law Firms' Litigation Management: Driving Great Results, Naples, FL, Panelist, May 13-15, 2011
- "Class Procedure v. Substance after Shady Grove and Plaintiffs Attorney Fees Under Attack," New Jersey Institute for Continuing Legal Education's Consumer Class Actions & Beyond: Threatened or Alive and Well? Certification, Representation and Attorneys’ Fees Program, East Brunswick, NJ, Panelist, April 27, 2011
- "Maximizing Your Effectiveness as a Testifying Valuation Expert in a Business Divorce Litigation," AICPA National Business Valuation Conference, Washington, D.C., Panelist, November 7, 2010
- "Litigation Management and the Impact of Changing In-House/Outside Counsel Relationships," Network of Trial Law Firms, Kiawah, SC, Speaker, November 6, 2010
- "A World of Increased (and Increasing) Scrutiny: Recent Developments & Emerging Issues in E-Discovery Under the Federal and New Jersey Rules," NJ Women in eDiscovery October 2010 Meeting, Roseland, NJ, Speaker, October 19, 2010
- "Fiduciary Duties of In-House Counsel As Officers and Managers," NJCCA 8th Annual Full Day Conference, Whippany, NJ, Speaker, September 24, 2010
- "Ethics: Fiduciary Duties of In-House Counsel," Litigation Management in a New York Minute CLE Program, Network of Trial Law Firms, New York, NY, Speaker, August 6, 2010
- "Fiduciary Duties of Officers and In-House Counsel," A New Decade of Challenges for In-House Counsel CLE Program, Network of Trial Law Firms, Scottsdale, AZ, Speaker, April 24, 2010
- Presentation Regarding the Statement on Conflict of Interest published by the Association of Governing Boards of Universities and Colleges, Nicole Bearce Albano and Martin Michaelson, National Association of College and University Attorneys (NACUA) New York Luncheon Group, March 2, 2010
- Presentation Regarding Settlement of Robertson v. Princeton University, Nicole Bearce Albano and Peter G. McDonough, National Association of College and University Attorneys (NACUA) New York Luncheon Group, January 28, 2009
- "New Jersey's Finest," NJBiz, Presenter, November 17, 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), San Diego, CA, June 29, 2007
Presentations Addressing Diversity & Inclusion Issues
- "How Has the Move Away from Lockstep Affected Diversity & Flexibility," Project for Attorney Retention Annual Conference, Panelist, March 30, 2011
- "Bridging the Gap Between Law School Professions and Minority Students in a Post-Racial Society," Third National People of Color Legal Scholarship Conference, Panelist, Seton Hall University School of Law, September 12, 2010
- Lowenstein Sandler Annual Diversity Speaker Series Featuring the Honorable Esther Salas, U.S.M.J., and Tommy Shi from Mercedes-Benz USA, Moderator, June 10, 2010
- "Legal Talent at the Crossroads: Why New Jersey Women Lawyers Leave Their Law Firms and Why They Choose to Stay," Center for Women and Work's report to the State Employment and Training Commission, Panelist, January 15, 2010
- "Why Work/Life Balance and Women's Issues Matter in the Economic Downturn," Flex-Time Lawyers Program, Panelist, October 20, 2009
- Lowenstein Sandler Annual Diversity Speaker Series Featuring the former General Counsel of Scripps Networks, Moderator, June 16, 2009
- "Women From the Bench and Bar to Discuss Women’s Progress in the Legal Profession," Ladies Day 2008, sponsored by the Rutgers School of Law–Newark Women’s Law Forum, Panelist, November 25, 2008
- Lowenstein Sandler Annual Diversity Speaker Series Featuring the General Counsel of the Ferolie Corporation, Moderator, June 10, 2008
- "Navigating Innovation and Change in the Current Legal and Political Environment," The Future of Diversity and Opportunity in Higher Education: A National Forum on Innovation and Collaboration, Moderator, December 4, 2008
- Lowenstein Sandler Annual Diversity Speaker Series Featuring the General Counsel of the Juilliard School, Moderator, June 19, 2007
- Lowenstein Sandler Annual Diversity Speaker Series 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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In a New Jersey Law Journal article, Nicole Bearce Albano comments on how Lowenstein Sandler uses part-time schedules to attract and retain quality talent who are seeking alternatives to practicing full-time.,
New Jersey Law Journal, January 11, 2011
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Nicole Bearce Albano is highlighted for earning the 2010 NJBIZ "Forty Under 40" award and being named to New Jersey Law Journal's 2010 "40 Under 40" list.,
The Record, September 21, 2010
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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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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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- American Bar Association, Litigation Section
- Committee on Appellate Practice
- Committee on Class Actions & Derivative Suits
- Association of the Federal Bar of New Jersey
- Cafecito Networking Group for Latina women attorneys
- Harvard Law School Association of New Jersey, Trustee
- Hispanic Bar Association of New Jersey, Lifetime Member
- International Institute for Conflict Prevention and Resolution (CPR)
- Justice William J. Brennan, Jr. Inn of Court, Master
- Litigation Counsel of America, Fellow & Member of Blue Ribbon Committee
- National Association of College and University Attorneys
- Editorial Board, NACUA Notes
- National Association of Women Lawyers
- Network of Trial Law Firms
- New Jersey State Bar Association
- Class Action Committee
- Special Committee on Higher Education
- New Jersey Women Lawyers Association
Board of Directors
Charitable Boards
- New Jersey Coalition Against Sexual Assault, Executive Committee
- North Star Academy Charter Public School, Newark New Jersey
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