Stacey P. Nakasian


Stacey Nakasian has over twenty-five years’ experience litigating complex commercial issues and leads the firm’s litigation practice. She is known for her proactive and tenacious approach that both achieves results and advances her clients’ needs and goals.

Most recently, she successfully defended a condominium developer in a case that clarified how real estate deeds and condominium documents are interpreted under Rhode Island law. The July 2020 decision was covered in Rhode Island Lawyers Weekly.

During the COVID-19 crisis, Stacey has authored blog posts and articles on topics including the RI Department of Labor & Training’s Workshare program and the RI Superior Court non-liquidating receivership program. She was part of the D&S team that partnered with the Greater Providence Chamber of Commerce for a webinar on the Paycheck Protection Program, and she was featured in a Rhode Island Lawyers Weekly article on “Force Majeure.” She co-authored an article on “WorkShare is option for R.I. businesses in crisis” for Providence Business News.

Adept at crafting litigation strategies tailored to her clients’ business objectives, Stacey has prevailed in a wide range of cases including director and officer liability claims and shareholder disputes, fiduciary liability cases, intellectual property lawsuits and non-compete claims, and insurance coverage disputes.

She was recognized by Best Lawyers in 2019 and 2015 as Lawyer-of-the-Year for Trusts and Estates Litigation in the Providence metro region. She was previously recognized as Lawyer-of-the-Year for Intellectual Property Litigation.  She continues to be named a ”Leader In Field” for the category of Commercial Litigation by Chambers USA: America’s Leading Guide for Business.

Stacey prosecutes and defends cases before Federal and State courts across the country, as well as in private arbitration settings. She has tried numerous cases to a jury, regularly appears in court to present or defend issues before judges, and has argued many appeals.

  • Secured summary judgment in favor of a condominium developer defending a claim by the condominium association regarding the exact property submitted to the condominium.  In affirming the developer’s ownership of the disputed tract, the Court clarified how real estate deeds and condominium documents are interpreted under Rhode Island law.
  • When a business owner refused to pay a D&S client for construction of a warehouse claiming the warehouse had construction defects, Stacey overcame the allegations and secured an arbitration award for the general contractor for the full amount due
  • Secured judgment in favor of a client, the developer of a residential condominium, striking down claims by the condominium association that a parking lot owned by the developer should be declared part of the condominium
  • Obtained a FINRA arbitration award in favor of an elderly client against the client’s former broker, his supervisor and their brokerage firm by proving that the client suffered portfolio losses resulting from unsuitable investment recommendations
  • Successfully defended trustees against fiduciary claims and obtained an award of both executor and trustee compensation after an 11-day trial in Superior Court
  • Secured a $268,000 award in an action against an investment advisor, the advisor’s supervisor and the investment firm in a six-day arbitration, building the case that the brokers and firm had violated various securities regulations and common law duties by recommending and purchasing unsuitable investments
  • Won a $438,000 award, including punitive damages, in an arbitration against brokers and brokerage firms on claims for churning and failure to supervise
  • Secured a $1.2 million judgment, including attorneys’ fees and punitive damages, in a trade secrets case tried to a jury on behalf of a manufacturer against its former employee and competitor
  • Represented the Small Business Association in a complex federal receivership case in which the receivership estate’s former managers asserted a substantial claim against the estate’s assets; Stacey succeeded in getting the claim withdrawn, thus preserving the estate’s assets for the other creditors
  • On behalf of beneficiaries of $500 million trust, Stacey led the briefing and argument that resulted in a court order allowing early termination of the trust and distribution of trust assets. The case made new law in RI regarding the circumstances under which a Court can deviate from the terms of a trust at the request of the trust’s beneficiaries
  • In a trade secret and unfair competition case in California Superior Court against one of the nation’s largest video publishing companies and its wholly-owned video game developer, Stacey obtained an injunction requiring the developer to turn over work product it was withholding
  • Stacey succeeded in proving that a Superintendent of Schools knowingly violated the Rhode Island Open Meetings Act. Based on the evidence Stacy presented, the Court ordered the school committee to pay a civil penalty and Stacey’s client’s legal fees

Stacey served as law clerk to the Solicitor General of the United States and to the Honorable George H. Revercomb of the United States District Court for the District of Columbia.

Stacey Nakasian is noted for her work defending commercial clients in a wide variety of claims relating to insurance coverage, shareholder disputes, IP and others. One interviewee says: “She is basically everything you want in an attorney — very smart, professional.” | Chambers USA: America’s Leading Guide for Business 2020

Stacey Nakasian is recognized for her work in shareholder disputes, fiduciary and trusts cases, and IP and technology law litigation. One interviewee attests that she is “incredibly talented, knowledgeable, strategic and perhaps the best-prepared counsel I have ever engaged.” | Chambers USA: America’s Leading Guide for Business 2019

Sources praise her “exceptional technical knowledge,” describing her as “levelheaded, patient and thorough” and “a strong and relentless litigator.” | Chambers USA: America’s Leading Guide for Business 2018

 

Stacey Nakasian was selected by Best Lawyers in both 2019 and 2015 as Lawyer of the Year for Trusts and Estates Litigation, and as the 2013 Lawyer Of The Year for Intellectual Property Litigation.  She has been consistently recognized by Best Lawyers for commercial litigation.

Stacey Nakasian was named the 2014 “Industry Leader for Professional Services” in the Providence Business News Business Women Awards program.

Stacey continues to be recognized as a ”Leader In Field” for the category of General Commercial Litigation by Chambers USA: America’s Leading Guide for Business.

She was part of the Top 50 Female New England Super Lawyers for 2013 and has been included in Super Lawyers since 2010,  recognized in the categories of business litigation, IP litigation, and estate & trust litigation.

Best Lawyers Award BadgeBest Lawyers Award Badge1451323591_4ac0-1   

Professional & Community Involvement

Stacey serves as a member of the board of trustees for the Greater Providence Chamber of Commerce and a member of the board of the Women & Infants Foundation.

Stacey serves as Chair of the Board of Bar Admissions of the United States Federal District Court for the District of Rhode Island. She is a past president and serves on the Board of the Federal Bar Association, RI Chapter. She is the former chair of the Local Rules Committee of the US District Court for the District of Rhode Island.

Stacey Nakasian co-authored a guest article entitled “Workshare is Option for Businesses in Crisis” for Providence Business News in April 2020.

Stacey was featured in a March 2020 Rhode Island Lawyers Weekly article on “force majeure” entitled Pandemic prompts urgent review of overlooked contractual clause.

Stacey Nakasian was recently part of a panel for Rhode Island Professional Day which focused on Partnering with a Corporate Fiduciary. The panel took a deep dive into why and when to consider the appointment of a corporate fiduciary (bank or trust company) as trustee. See her top take-aways here. (May 2019)

The Check Fraud Pandemic” by Stacey Nakasian in Providence Business News (March 2018).  Check fraud is on the rise and poses a real threat to local businesses.

Plain Language guides ruling in removal of trustee without cause” was the title of a February 2018 Rhode Island Lawyers Weekly front-page article concerning a trust case decided by the Rhode Island Superior Court. Stacey Nakasian successfully represented two trustees who removed their co-trustee, without cause, pursuant to a provision in the trust document.

“Early Termination (and Modification) of Trusts” – Webinar sponsored by Lorman Education Service and presented by Stacey Nakasian in August 2017. See full program details here.

Protecting Trade Secrets by Stacey Nakasian in Providence Business News (February 2017). Successful businesses secure patents for their inventions, trademarks for their brand designations and copyrights for their original works, but they sometimes overlook a fourth category of intellectual property: trade secrets .

“Internet advertising isn’t sufficient for personal jurisdiction” was the title of  a January 2017 Rhode Island Lawyers Weekly article where Stacey Nakasian commented on how the D&S team succeeded in getting a lawsuit transferred to a client’s home jurisdiction.

Non-Competes in a High-Tech World” –  Legal Tech Seminar Series  with Tech Collective.

“Cutting Edge Topics in IP Law” – Rhode Island Bar Association Annual Meeting. 2014.

My Blog Posts

Education

University of Virginia (B.A., cum laude, 1984)
The George Washington University Law School (J.D., 1990, Order of the Coif)

Bar & Court Admissions

Rhode Island (1993)
First Circuit Court of Appeals
United States Supreme Court (2010)