Nicole Merchant concentrates her practice in complex commercial litigation, regulatory compliance, and transactional matters in domestic and multi-national industries, including technology, retail, entertainment/media, life sciences, cosmetics, dietary supplements, drug, and food industries.
Ms. Merchant’s regulatory compliance practice is in the food, drug, dietary supplement, and cosmetic industries. Her transactional law work includes counseling and advising companies on general legal issues, contract review, employment issues, operations, data retention, intellectual property matters, copyright and trademark issues, and risk management. Ms. Merchant’s litigation work includes breach of contract, fraud, product liability, cybersecurity/data privacy, employment, corporate conflicts, and claims in both state and federal court.
- New Jersey
- New York
- U.S. District Court
- New Jersey
- Eastern District of New York
- Southern District of New York
- Central District of California
- Southwestern Law School – J.D.
- University of California, Irvine – B.A.
- Fox, et al. v. Mark, et al., 181 A.D.3d 560 (2d Dept. 2020) – Successfully defended, on Appeal, a Decision and Order granting summary judgment and dismissing claims asserted against our client, a home health aide, involving the alleged loss of the right of sepulcher and negligent infliction of emotional distress. Plaintiff’s claim was that our client failed to timely notify him of the death of his mother, which occurred after the home health aide had left for the evening. The following morning, the home health aide could not gain access to the apartment in which the decedent resided. The decedent was later discovered by plaintiff, when he went to investigate why his mother had not returned his phone calls earlier that day. We successfully established that no duty of care ran to the family members of the decedent to notify them of the death of the decedent, since our client did not have access to, or actual possession of the decedent’s body. The case presented a very narrow issue on liability extending to health care providers and the proper handling of a body after death. These issues are particularly timely in the wake of the COVID 19 Pandemic.
Weleda’s Partner of the Year for 2020: KDV’s long-time client Weleda, Inc.—the North American arm of a multi-national personal care company founded in 1921—gave its only annual Partner Award to KDV’s Personal Care Group of Ed Abbott, Nicole (Christman) Merchant, Christopher Nucifora, Erik Sardiña for their exceptional legal services and dedicated business relationship, making it the first time a law firm received their award.