Brett D Carroll

Partner
  • T 617.573.5836

Brett D. Carroll is a Boston litigation attorney and a member of Holland & Knight's Litigation and Dispute Resolution practice. He represents clients in state and federal courts throughout the country (including Massachusetts, Rhode Island, New Hampshire, New Jersey, Delaware and Florida). He has extensive experience in a variety of complex commercial legal matters, including real property disputes such as complex commercial landlord/tenant disputes, title disputes and various real property disputes; product liability, including drug and medical device litigation; medical malpractice claims and wrongful death claims in the manufacturing, medical services, long-term care and food industries; commercial contract disputes; insurance coverage and broker negligence issues; and business torts, including fraud, tortious interference and noncompete violations.

Mr. Carroll works with national clients defending a wide variety of consumer class claims in various states around the country including matters involving consumer contract issues, deceptive advertising claims and consumer fee charges. Most recently, in representing a retail client in a case before the New Jersey Supreme Court (Spade et al. v. Select Comfort et al.), he helped establish a critical blow to the onslaught of consumer class claims filed against almost every national retailer in New Jersey pursuant to the Truth-in-Consumer Warranty and Notice Act (TCCWNA), which had been used to extract millions of dollars in settlements for alleged consumer contract violations even though the consumer had not suffered any adverse consequence, harm or damage. With Mr. Carroll arguing in a successful collaboration with a parallel action and several state and national amicus parties, the New Jersey Supreme Court's unanimous decision in April 2018 established new law whereby a consumer asserting a TCCWNA claim must establish that she/he is adversely affected by the alleged violation in order to substantiate a claim for relief. This win has set precedent for several pending class action matters to be withdrawn or favorably resolved, on dispositive motion, and avoided an alleged claim of more than $70 million for the client.

Mr. Carroll is also growing the firm's unclaimed property litigation practice, including acting as counsel in the first challenge to the Delaware escheat statute and practices as unconstitutional. He defends clients pursuant to government-initiated investigations, negotiates clients' exposure with respect to business credits, conducts internal investigations based upon alleged noncompliance claims, counsels clients concerning compliance issues in the rebate context and guides clients regarding potential constitutional challenges to estimation methodology employed in audits. Most recently, he helped negotiate the favorable resolution of a seven-year audit in the State of New Jersey on behalf of a national corporation, avoiding contentious litigation, and is currently conducting an internal investigation to ensure multistate compliance.

In addition, Mr. Carroll counsels employers in a variety of employment matters focusing on workplace diversity and has defended companies in alleged class action matters involving issues of employment discrimination. He has significant experience with internal investigations in a variety of commercial contexts. He also has experience in arguing substantive motions, and has prepared and tried cases for jury and non-jury trials. Mr. Carroll has argued before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and before the U.S. Court of Appeals for the First Circuit, the latter including a recent appellate victory concerning a challenge to personal jurisdiction. He has obtained several appellate court decisions in his clients' favor on real property matters and recently argued before the New Jersey Supreme Court concerning a critical class action issue affecting national retailers pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

Within the firm, Mr. Carroll currently serves on the Boston Hiring and Diversity Committees, is a board member of the Holland & Knight Charitable Foundation and is the coordinator of the Boston office's 9/11 Day of Service Initiative, and acts as the founding coordinator of the Boston Alumni Program. He formerly acted as the Pro Bono Partner and now acts as the Public and Charitable Services Partner where he is responsible for overseeing the pro bono, charitable giving and community involvement endeavors. He has been named as special counsel to the Massachusetts Board of Bar Examiners to investigate the character and fitness of bar applicants. In addition, Mr. Carroll is a past planning coordinator for the Holland & Knight Opening Doors for Children program and the 2001 winner of the Holland & Knight Opening Doors for Children Award.

Within the community, Mr. Carroll serves on the board of a charter school in Hyde Park, Mass., where he is actively revising the school's strategic plan. In addition, he is currently a participant in the LeadBoston, a year-long program sponsored by the YW Boston that provides intensive training and learning experience regarding issues of social responsibility and justice.

Honors & Awards

  • Rising Star, Massachusetts Super Lawyers magazine, 2011-2013
  • Boston Future Business Leader, The Greater Boston Chamber of Commerce, 2011
  • Holland & Knight Public and Charitable Service All-Star, 2014
  • Pro Bono All-Star, Holland & Knight, 2005-2008
  • The Digest, The National Italian American Bar Association Journal, Survey Editor

Memberships

  • Academy of the Pacific Rim Charter School, Board of Directors, 2017-Present
  • YW Boston, Lead Boston Program Class of 2018 
  • Camp Fire USA Eastern Massachusetts Council, Chair, Board of Directors, 2006-2011
  • Syracuse University College of Law Alumni Association, Board of Directors, 2006-2009
  • Leadership Fort Lauderdale, Class of 2002
  • The Greater Boston Chamber of Commerce, Workforce Development Committee, 2012
  • Leadership Council on Legal Diversity, Mentor, 2012
  • Unclaimed Property Professionals Organization