257

Jessica N. Clemente

Senior Associate
  • Rochester
  • 585.231.1427
  •   •     •     •  

Jessica counsels clients on a range of commercial litigation matters, but with a specific focus on intellectual property disputes. Her practice includes representing manufacturers and technology companies on a wide range of claims relating to patents, trademarks, copyrights, and trade secrets.

She also represents companies and individuals in all aspects of state and federal commercial litigation at the trial and appellate levels, including matters relating to breach of contract, employee benefits (ERISA), non-disclosure agreements, non-compete agreements, and unfair competition.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, Commission to Advance and Support Women in the Law, Monroe County Bar Association
  • Former Chair, Young Lawyers Section, Monroe County Bar Association
  • Member, New York State Bar Association
  • Founding Member and Executive Team Member of the Associate Board, The Center for Youth Services
  • Attorney Volunteer, Rochester Teen Court
  • Co-Chair, Campaign for Justice

HONORS & AWARDS

  • Finalist, ATHENA International Young Professional Award, 2021
  • Selected by peers for inclusion in 2021 and 2022 Best Lawyers: Ones to Watch in America for Commercial Litigation; Litigation - Intellectual Property
  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2016-2021
  • Recipient, "Up and Coming Attorneys" Award, The Daily Record, June 2017
  • Recipient, Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship, 2016
  • Albany Law School
    • Executive Editor, New York Appeals, Albany Law Review
    • Founders Scholarship and David D. Siegel Scholarship

REPRESENTATIVE EXPERIENCE

  • Represented a global provider of resilient positioning, navigation, and timing solutions in a case alleging misappropriation of trade secrets, trademark infringement, and other business torts in the Northern District of Texas. Successfully defended against a preliminary injunction and ultimately resolved the case through a favorable settlement.
  • Served on the trial team for a telecommunications technology company plaintiff in a case alleging misappropriation of trade secrets, breach of a non-disclosure agreement, fraud, and joint inventorship of a patent. Case settled after completion of the first week of jury trial in the Eastern District of Texas.
  • Represented a design and manufacturing company in a breach of contract and unjust enrichment case in which the plaintiff asserted liability based on an “alter ego” theory. Successfully resolved the dispute on a motion to dismiss.
  • Represented an imaging technology company in a contract dispute through trial in the Western District of New York and appeal at the Second Circuit, resulting in affirmance of a favorable jury verdict.*
  • Represented a safe manufacturer against patent infringement claims in the Central District of California. Case settled after a claim construction hearing and decision.*

 * Worked on these matters prior to joining HSE.

PUBLICATIONS

  • "How Trade Secret Audits Can Safeguard Your Intellectual Property,” Harter Secrest & Emery LLP, LEGALcurrents® , September 19, 2019
  • “Dissenting at New York’s Federal Appeals Court: An Empirical Study of Second Circuit Dissents and the Frequent Dissenter, Judge Rosemary Pooler,” 75 Albany Law Review 1121, 2012

PRESENTATIONS

  • Presenter, “Select Issues in Modern Contract Law,” Harter Secrest & Emery LLP, March 2020
  • Presenter, "Nuts & Bolts of Personal Jurisdiction in Civil Practice," Monroe County Bar Association, May 15, 2018
  • Presenter, "Nuts and Bolts Civil Practice: From Note of Issue to Trial Date," Monroe County Bar Association, December 2016

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern, Western and Northern Districts of New York
  • U.S. District Court for the Eastern District of Texas

EDUCATION

  • Albany Law School, J.D., summa cum laude
  • SUNY Geneseo, B.A., cum laude
HSE Law
257
Jessica N. Clemente
Senior Associate
jclemente@hselaw.com
tel: 585.231.1427
fax: 585.232.2152

Jessica counsels clients on a range of commercial litigation matters, but with a specific focus on intellectual property disputes. Her practice includes representing manufacturers and technology companies on a wide range of claims relating to patents, trademarks, copyrights, and trade secrets.

She also represents companies and individuals in all aspects of state and federal commercial litigation at the trial and appellate levels, including matters relating to breach of contract, employee benefits (ERISA), non-disclosure agreements, non-compete agreements, and unfair competition.

Representative Experience

  • Represented a global provider of resilient positioning, navigation, and timing solutions in a case alleging misappropriation of trade secrets, trademark infringement, and other business torts in the Northern District of Texas. Successfully defended against a preliminary injunction and ultimately resolved the case through a favorable settlement.
  • Served on the trial team for a telecommunications technology company plaintiff in a case alleging misappropriation of trade secrets, breach of a non-disclosure agreement, fraud, and joint inventorship of a patent. Case settled after completion of the first week of jury trial in the Eastern District of Texas.
  • Represented a design and manufacturing company in a breach of contract and unjust enrichment case in which the plaintiff asserted liability based on an “alter ego” theory. Successfully resolved the dispute on a motion to dismiss.
  • Represented an imaging technology company in a contract dispute through trial in the Western District of New York and appeal at the Second Circuit, resulting in affirmance of a favorable jury verdict.*
  • Represented a safe manufacturer against patent infringement claims in the Central District of California. Case settled after a claim construction hearing and decision.*

 * Worked on these matters prior to joining HSE.

Professional & Civic Affiliations

  • Member, Commission to Advance and Support Women in the Law, Monroe County Bar Association
  • Former Chair, Young Lawyers Section, Monroe County Bar Association
  • Member, New York State Bar Association
  • Founding Member and Executive Team Member of the Associate Board, The Center for Youth Services
  • Attorney Volunteer, Rochester Teen Court
  • Co-Chair, Campaign for Justice

Honors & Awards

  • Finalist, ATHENA International Young Professional Award, 2021
  • Selected by peers for inclusion in 2021 and 2022 Best Lawyers: Ones to Watch in America for Commercial Litigation; Litigation - Intellectual Property
  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2016-2021
  • Recipient, "Up and Coming Attorneys" Award, The Daily Record, June 2017
  • Recipient, Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship, 2016
  • Albany Law School
    • Executive Editor, New York Appeals, Albany Law Review
    • Founders Scholarship and David D. Siegel Scholarship

Admissions

  • New York

Education

  • Albany Law School, J.D., summa cum laude
  • SUNY Geneseo, B.A., cum laude

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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