Stanat_Erika

Erika N. D. Stanat

Partner

As a former active-duty servicemember and attorney in the U.S. Army Judge Advocate General’s Corps (JAGC), Erika Stanat applies the discipline, focus and determination to win that she learned in the Army to her practice as a commercial and intellectual property litigator. She counsels clients in the protection of their intellectual property, representing them in lawsuits in state and federal courts relating to patents, trademarks, and trade secrets. In addition to her work in IP litigation, Erika represents clients in disputes and in litigation concerning tax, employee benefits (ERISA) and executive compensation issues. Erika also has experience helping clients to respond to DOL, IRS, SEC, and Title IX investigations.

Erika also has an active mediation practice, mediating dozens of cases as a Certified Federal Court Mediator for the U.S. District Court for the Western District of New York. Her mediation practice primarily involves intellectual property, commercial, and employee benefits disputes.

Currently, Erika serves as the Practice Group Leader of the Commercial and Intellectual Property Litigation practice, as a member of the Firm’s Hiring Committee, and as Chair of the Firm’s Mentor Program. She has previously served as the Firm’s Hiring Partner, partner liaison to the Associates’ Committee, and as a member of HSE’s Management Committee.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Wilmot Cancer Center
    • Member, Advisory Board, 2020-Present
    • Member, Advancement Committee, 2017-Present
    • Chair, Nominating Committee, 2022-Present
    • Member, Discovery Ball Committee, 2020 and 2022
  • Member, Board of Directors, Roger Tory Peterson Institute of Natural History, 2018-Present
  • Bucknell University
    • Member, Board of Trustees, 2014-Present
    • Chair, Nominations and Governance Committee, 2020-Present
    • Member, Alumni Association Board of Directors, 2004-2012; President, 2010-2012; Executive Committee Member, 2004-2012
  • Chair, Mock Interview Program, Twelve Corners Middle School, 2014-2020
  • Co-Chair, Mother’s Day Jewelry Shop Program with the Rochester City School District, 2015-Present; Volunteer, 2012-2014
  • Co-Chair, 2014 Stars and Stripes Dinner, Veteran’s Outreach Center
  • Member, W.D.N.Y. Local Rules Committee and Local Patent Rules Subcommittee, 2013-Present
  • U.S. District Court for the W.D.N.Y., Certified Federal Court Mediator, 2012-Present

HONORS & AWARDS

  • Recognized by Chambers USA from 2017-2022 in the field of Litigation: General Commercial (Upstate NY)
  • Recipient, Women of Excellence Award, Rochester Business Journal, 2022
  • Named to The Daily Record’s Power 20 in Litigation list, 2021 and 2022
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Selected by peers for inclusion in The Best Lawyers in America® for Bet-the-Company Litigation; Commercial Litigation; Litigation – Intellectual Property; Litigation – Real Estate; Mediation
  • Selected to the Upstate New York Super Lawyers list, 2007-2022
  • Senior Fellow, Litigation Counsel of America (LCA), Trial Lawyer Honorary Society; Member, LCA’s Intellectual Property Institute, 2016-Present
  • Recipient, ‘‘Top Women in Law’’ Award, The Daily Record, 2014
  • Recipient, Young Alumni Award, Bucknell University, 2005
  • Recipient, “Forty Under 40” Award, Rochester Business Journal, 2004
  • Recipient, William McKnight Award for Pro Bono Service, 2003
  • United States Army Achievement Medal with oak leaf cluster, Army Commendation Medal, and Meritorious Service Medal with oak leaf cluster

REPRESENTATIVE EXPERIENCE

  • Quintel Technology Ltd. v. Huawei Technologies Co. (E.D. Tx. 2018), served as trial counsel for a telecommunications technology company, alleging claims for misappropriation of trade secrets, breach of a non-disclosure agreement, and fraud. Successfully settled case on favorable terms favorable on the sixth day of jury trial.
  • Demodulation, Inc. v. Corning Incorporated et al. (D.N.J. 2016), served as lead counsel for one of the world’s leading innovators in material science in the District of New Jersey against breach of contract and misappropriation of trade secrets claims, and alleged violations of state and federal RICO statutes claims. Successfully moved for and obtained summary judgment for Corning.
  • Corning Optical Communications, LLC (COC) v. Diversified Material Specialists, Inc. (M.D. Fl. 2016), served as lead counsel for a leading manufacturer of fiber optic cables and equipment concerning infringement of four of its patents. Successfully negotiated an injunction protecting COC’s patents.
  • Served as lead counsel for national media subsidiaries in a dispute regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement in 2016.
  • William R. Gray v. Quietflex Manufacturing Company, L.P. (W.D.N.Y. 2015), served as lead counsel for an inventor in a patent infringement suit in the Western District of New York against a Texas-based manufacturer of air duct products for use in the HVAC industry. Negotiated a favorable license agreement.
  • Bendiner & Schlesinger, Inc. v. 1199 SEIU Health Care Employees Pension, (AAA 2015), served as lead counsel to a diagnostic laboratory in an arbitration regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement.
  • Bausch & Lomb Incorporated and Wyeth LLC v. Vitamin Health, Inc. (W.D.N.Y. 2016), served as local counsel for Bausch & Lomb & Wyeth LLC in a patent infringement suit relating to nutritional supplements to prevent macular degeneration.
  • TuitionFund, LLC vs. First Horizon National Corporation, et al. (M.D. Tn. 2014), served as lead counsel for eight defendants against claims of patent infringement. Negotiated a favorable license agreement.
  • Laserlock Technologies, Inc. v. WS Packaging Group, Inc. (W.D. Pa. 2012), served as lead counsel for one of North America’s leading label and packaging product manufacturers against claims of infringement. Negotiated plaintiff’s voluntary dismissal of the action after discovery.

PRESENTATIONS

  • Presenter, “Select Issues in Modern Contract Law,” Harter Secrest & Emery LLP, March, 2020
  • Presenter, “The Nuts & Bolts of Mediation: Practical Advice for Lawyers,” Monroe County Bar Association, March, 2019
  • Presenter, “Balancing the Scales: Gender and Diversity Challenges in the Workplace,” Harter Secrest & Emery LLP, May, 2018
  • Presenter, “The Defense of Marriage Act and its Impact on Employee Benefit Plans,” American Law Institute, September, 2012

PRACTICE AREAS

ADMISSIONS

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

EDUCATION

  • The Dickinson School of Law, J.D.
  • Bucknell University, B.A.

As a former active-duty servicemember and attorney in the U.S. Army Judge Advocate General’s Corps (JAGC), Erika Stanat applies the discipline, focus and determination to win that she learned in the Army to her practice as a commercial and intellectual property litigator. She counsels clients in the protection of their intellectual property, representing them in lawsuits in state and federal courts relating to patents, trademarks, and trade secrets. In addition to her work in IP litigation, Erika represents clients in disputes and in litigation concerning tax, employee benefits (ERISA) and executive compensation issues. Erika also has experience helping clients to respond to DOL, IRS, SEC, and Title IX investigations.

Erika also has an active mediation practice, mediating dozens of cases as a Certified Federal Court Mediator for the U.S. District Court for the Western District of New York. Her mediation practice primarily involves intellectual property, commercial, and employee benefits disputes.

Currently, Erika serves as the Practice Group Leader of the Commercial and Intellectual Property Litigation practice, as a member of the Firm’s Hiring Committee, and as Chair of the Firm’s Mentor Program. She has previously served as the Firm’s Hiring Partner, partner liaison to the Associates’ Committee, and as a member of HSE’s Management Committee.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Wilmot Cancer Center
    • Member, Advisory Board, 2020-Present
    • Member, Advancement Committee, 2017-Present
    • Chair, Nominating Committee, 2022-Present
    • Member, Discovery Ball Committee, 2020 and 2022
  • Member, Board of Directors, Roger Tory Peterson Institute of Natural History, 2018-Present
  • Bucknell University
    • Member, Board of Trustees, 2014-Present
    • Chair, Nominations and Governance Committee, 2020-Present
    • Member, Alumni Association Board of Directors, 2004-2012; President, 2010-2012; Executive Committee Member, 2004-2012
  • Chair, Mock Interview Program, Twelve Corners Middle School, 2014-2020
  • Co-Chair, Mother’s Day Jewelry Shop Program with the Rochester City School District, 2015-Present; Volunteer, 2012-2014
  • Co-Chair, 2014 Stars and Stripes Dinner, Veteran’s Outreach Center
  • Member, W.D.N.Y. Local Rules Committee and Local Patent Rules Subcommittee, 2013-Present
  • U.S. District Court for the W.D.N.Y., Certified Federal Court Mediator, 2012-Present

HONORS & AWARDS

  • Recognized by Chambers USA from 2017-2022 in the field of Litigation: General Commercial (Upstate NY)
  • Recipient, Women of Excellence Award, Rochester Business Journal, 2022
  • Named to The Daily Record’s Power 20 in Litigation list, 2021 and 2022
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Selected by peers for inclusion in The Best Lawyers in America® for Bet-the-Company Litigation; Commercial Litigation; Litigation – Intellectual Property; Litigation – Real Estate; Mediation
  • Selected to the Upstate New York Super Lawyers list, 2007-2022
  • Senior Fellow, Litigation Counsel of America (LCA), Trial Lawyer Honorary Society; Member, LCA’s Intellectual Property Institute, 2016-Present
  • Recipient, ‘‘Top Women in Law’’ Award, The Daily Record, 2014
  • Recipient, Young Alumni Award, Bucknell University, 2005
  • Recipient, “Forty Under 40” Award, Rochester Business Journal, 2004
  • Recipient, William McKnight Award for Pro Bono Service, 2003
  • United States Army Achievement Medal with oak leaf cluster, Army Commendation Medal, and Meritorious Service Medal with oak leaf cluster

REPRESENTATIVE EXPERIENCE

  • Quintel Technology Ltd. v. Huawei Technologies Co. (E.D. Tx. 2018), served as trial counsel for a telecommunications technology company, alleging claims for misappropriation of trade secrets, breach of a non-disclosure agreement, and fraud. Successfully settled case on favorable terms favorable on the sixth day of jury trial.
  • Demodulation, Inc. v. Corning Incorporated et al. (D.N.J. 2016), served as lead counsel for one of the world’s leading innovators in material science in the District of New Jersey against breach of contract and misappropriation of trade secrets claims, and alleged violations of state and federal RICO statutes claims. Successfully moved for and obtained summary judgment for Corning.
  • Corning Optical Communications, LLC (COC) v. Diversified Material Specialists, Inc. (M.D. Fl. 2016), served as lead counsel for a leading manufacturer of fiber optic cables and equipment concerning infringement of four of its patents. Successfully negotiated an injunction protecting COC’s patents.
  • Served as lead counsel for national media subsidiaries in a dispute regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement in 2016.
  • William R. Gray v. Quietflex Manufacturing Company, L.P. (W.D.N.Y. 2015), served as lead counsel for an inventor in a patent infringement suit in the Western District of New York against a Texas-based manufacturer of air duct products for use in the HVAC industry. Negotiated a favorable license agreement.
  • Bendiner & Schlesinger, Inc. v. 1199 SEIU Health Care Employees Pension, (AAA 2015), served as lead counsel to a diagnostic laboratory in an arbitration regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement.
  • Bausch & Lomb Incorporated and Wyeth LLC v. Vitamin Health, Inc. (W.D.N.Y. 2016), served as local counsel for Bausch & Lomb & Wyeth LLC in a patent infringement suit relating to nutritional supplements to prevent macular degeneration.
  • TuitionFund, LLC vs. First Horizon National Corporation, et al. (M.D. Tn. 2014), served as lead counsel for eight defendants against claims of patent infringement. Negotiated a favorable license agreement.
  • Laserlock Technologies, Inc. v. WS Packaging Group, Inc. (W.D. Pa. 2012), served as lead counsel for one of North America’s leading label and packaging product manufacturers against claims of infringement. Negotiated plaintiff’s voluntary dismissal of the action after discovery.

PRESENTATIONS

  • Presenter, “Select Issues in Modern Contract Law,” Harter Secrest & Emery LLP, March, 2020
  • Presenter, “The Nuts & Bolts of Mediation: Practical Advice for Lawyers,” Monroe County Bar Association, March, 2019
  • Presenter, “Balancing the Scales: Gender and Diversity Challenges in the Workplace,” Harter Secrest & Emery LLP, May, 2018
  • Presenter, “The Defense of Marriage Act and its Impact on Employee Benefit Plans,” American Law Institute, September, 2012

PRACTICE AREAS

ADMISSIONS

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

EDUCATION

  • The Dickinson School of Law, J.D.
  • Bucknell University, B.A.
Stanat_Erika
Erika N. D. Stanat