Nicole R. Fernandes Partner




Nicole Fernandes is a member of Wilson Elser's Program Management team where she provides claims management, insurance coverage analysis and risk management services to insurers for professional and cyber lines. Nicole also serves as claims and coverage counsel for domestic and international insurers regarding commercial general liability, professional liability and disability claims. In addition, Nicole has direct litigation experience defending employers and professionals, including attorneys, real estate agents and brokers, and insurance agents and brokers, as well as transportation matters. Nicole has diverse experience handling all aspects of claims and litigation assessment, management and resolution. 

An aggressive advocate for her clients, Nicole seeks pre-answer motions to dismiss and actively strives to reach an early favorable settlement. These efforts then help her build a basis for later dispositive motions and, if needed, trial. Nicole uses strategic judgment in resolving a wide array of civil litigation matters and insurance coverage disputes, including claims under title insurance, where she avoids costly litigation by settling difficult cases outside claims handling parameters of many bad faith insurance statutes that place time limits on insurers.

Areas of Focus

Cybersecurity & Data Privacy
Nicole counsels clients who experience cybersecurity incidents, taking into account all manner of actors, including nation-states, criminal entities, terrorists, “hacktivists” and well-meaning employees. She effectively represent clients through the stages of breach identification, forensic analysis, necessary notification, initial and continuing regulatory compliance, and potential third-party claims. She also monitors trends and changes to cyber “attack vectors,” including social engineering, to help ensure that clients’ risk management guidelines are up to date, practical and effective.

Representative Matters

Obtained summary judgment on behalf of a realty company in a personal injury case involving crushing injuries sustained by a non-employee transporting I-beams on a forklift owned by the co-defendant.

Successfully represented a bank that owned a residential property in a premises liability suit. The judge granted Wilson Elser’s motion for summary judgment on the grounds that the plaintiff failed to establish a defect on the staircase that caused her injuries and that, in fact, there was no defect. Wilson Elser further argued that the plaintiff failed to establish that the bank, as property owner, had notice, actual or constructive, of an alleged defect on the staircase. 

View All Publications