Nicholas M. O'Donnell
T
(617) 338-2814 or (212) 660-3000
F
(617) 338-2880
Nicholas M. O’Donnell is a partner in the Litigation Department of our Boston office. Mr. O’Donnell’s practice focuses primarily on complex civil litigation. He represents manufacturers, individuals, investment advisers, banks, and others around the world in contract, securities, consumer protection, tort and domestic relations cases, with particular experience in the German-speaking world. He is also the editor of the Art Law Report, a blog that provides timely updates and commentary on legal issues in the museum and visual arts communities, one of his areas of expertise.
Representative Client Work
- Served as first chair in federal court trial and settlements concerning private flight services
- Successfully represented a home furnishings manufacturer in a jury trial in which a former employee was claiming equity in the company and deferred compensation
- Achieved the complete dismissal of lawsuit attempting to pierce the corporate veil of a health care provider trying to hold liable two investment adviser defendants alleged by plaintiffs to be shareholders
- Defending a foreign financial services company in litigation concerning third party fraud, including an internal investigation in Europe overseeing the preservation, collection and analysis of data spanning nearly 20 years
- Represented a Dutch manufacturing company in resolving an international dispute with a Japanese automotive supplier concerning their worldwide supply chain and allegedly defective components. Responsible for managing the worldwide investigation into the substance of the claim and the legal review and risk assessment, as well as directing the negotiations in the Netherlands, France, and the United States
- Obtained a dismissal on First Amendment grounds of lawsuit challenging the governance of a religious school in Brookline, Massachusetts. The case was as upheld on appeal. Oster v. New England Hebrew Academy, 63 Mass. App. Ct. 1115, 827 N.E. 2d 258 (2005)
- Won summary judgment for landowners in Massachusetts state court in a case concerning the scope of subdivision and land use rights
- Advises museums and collectors worldwide about restitution, copyright and de-accessioning issues
- On a pro bono basis, obtain restraining and privacy orders for victims of domestic violence and assert immigration rights of crime victims
- Served as first chair in child abduction and Hague Convention cases
Speaking Engagements
- "American Wartime Art Restitution in the 1990s and Beyond – Has it All Been Worth It?" Art and Heritage Disputes Conference at the University of Maastricht, Netherlands (March 24-25, 2013)
- "Essentials for the New Collector," The Ellis Boston Antiques Show (October 21, 2011)
Publications
- Sanctions Climb in Battle Over Religious Texts, The National Law Journal (April 1, 2013)
- Lawyers Fight to Keep Auction Sellers Anonymous, The New York Times (February 3, 2013)
- Dookhan Players Covering Their Assets, CommonWealth (January 17, 2013)
- Russia Held in Contempt in Case That Sparked its U.S. Art-Loan Ban, Los Angeles Times (January 17, 2013)
- Boston Firm Gets Into the Art Museum Business, Massachusetts Lawyers Weekly (July 7, 2011)
Professional & Civic Activities
- Past Vice President, Danforth Museum of Art Board of Trustees
- Boston Bar Association
- Boston Bar Association, Public Interest Leadership Program
News
- January 8, 2013
Sullivan & Worcester LLP Announces New Partner
S&W Press Release - October 22, 2012
Sullivan & Worcester Attorneys Selected as 2012 Rising Stars - October 21, 2011
Sullivan & Worcester Attorneys Selected as Rising Stars
New England Super Lawyers Magazine - June 14, 2011
S&W Announces Formation of Art & Museum Law Group
S&W Press Release - October 19, 2010
Sullivan & Worcester Attorneys Selected as Rising Stars
New England Super Lawyers Magazine - October 26, 2009
Sullivan & Worcester Attorneys Selected as Rising Stars
New England Super Lawyers Magazine
Seminars & Speaking Engagements
- June 21-23, 2013
Holocaust Art Restitution Litigation in the United States - March 24-25, 2013
American Wartime Art Restitution in the 1990s and Beyond – Has it All Been Worth It? - October 21, 2011 (6:00 p.m. - 9:00 p.m.)
Essentials for the New Collector
Client Advisories
- Responding to Museums’ Concerns, Supreme Court Applies First Sale Doctrine Regardless of Geography in Kirtsaeng v. John Wiley & Sons, Inc.
- Important Changes and Interpretation of New York Consignment Law
- Springing Back to Life: The Supreme Court in Golan v. Holder Upholds Statute that Applies Copyright to Foreign Works Once in the Public Domain
- Expanding Jurisdiction and Contracting Claims: The Supreme Court Declines to Review the Cassirer and Von Saher Cases
- Innocence is No Defense: Case Spotlights the Burden on the Owner
- A Thaw in the Ice? The United States Signals Interest in Court Fight Affecting Sovereign Immunity, Potential Seizure of Cultural Property and Exhibition Loans from Russia
- Key Copyright Case Highlights Pitfalls of Appropriative Art
Practices
Bar & Court Admissions
- Massachusetts, 2003
- New York, 2012
- District of Columbia, 2013
- U.S. District Court, District of Massachusetts
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the First Circuit
- Supreme Court of the United States
Education
- J.D., Boston College Law School, 2003
- B.A., magna cum laude, Williams College, 1997
Awards & Honors
- "Up & Coming Lawyer," Massachusetts Lawyers Weekly, 2008
- "Rising Star," Massachusetts Super Lawyers, (2007, 2009, 2010-2012)
Languages
- German
- Spanish
