MELISSA N. SUBJECK Partner
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1 MELISSA N. SUBJECK Partner Melissa is an experienced and dedicated business litigator. She represents prominent national corporations in complex contract, employment, and business disputes, as well as accounting and legal malpractice matters. She has extensive experience in jury and bench trials and was a vital part of the Hodgson Russ team that secured a no-cause verdict for one of the world's largest insurance companies, saving her client $100 million in potential damage. Melissa's litigation experience extends to intellectual property matters, including patent, trademark, copyright, and trade secret litigation. She has represented both plaintiffs and defendants in intellectual property matters in diverse areas, including pharmaceuticals, medical devices, cosmetics, and genetic testing. The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY Saratoga Springs 60 Railroad Place Suite 300 Saratoga Springs, NY Areas of Practice A significant part of Melissa's practice also focuses on non-compete litigation. She has prosecuted and defended these cases across New York State and elsewhere. Business Litigation Intellectual Property Litigation In addition to general business and intellectual property litigation, Melissa an owner, breeder, and experienced rider of several national champion Arabian and Half-Arabian horses is also well versed in and uniquely positioned to practice equine and agriculture law. Melissa s knowledge of the equine industry combined with her experience in contract and litigation matters makes her particularly adept at protecting the diverse legal needs of horse owners, breeders, trainers, and equestrian facilities. Melissa represents clients in a broad range of matters, including those related to equine and agriculture litigation, dispute resolution, and horserelated contracts. Intellectual Property & Technology Equine Agriculture Law Industry Groups Aerospace & Defense Gaming Health Care Life Sciences Honors Admissions Listed, Upstate New York Super Lawyers, Buffalo Business First's 40 Under Forty award, 2014 National Trial Lawyers' Top 40 Under Forty New York U.S. Court of Appeals for the Second Circuit U.S. District Courts for the Eastern, Western, Northern, and Southern ALBANY BUFFALO NEW YORK CITY PALM BEACH SARATOGA SPRINGS Attorney advertising. Prior results do not guarantee a similar outcome. Practice restricted to U.S. TORONTO
2 Leadership Buffalo Class of 2014 West Seneca Central School District 2008 Alumni of Distinction Former note and comment editor, Buffalo Law Review Experience Hodgson Russ represented a client in a matter where multiple parties were all alleged to have made fraudulent misrepresentations that induced the purchase of a horse with a known dangerous predisposition. The firm successfully brokered a settlement that provided compensation to our client and the transfer of title back to one of the involved parties. Districts of New York Education B.A., summa cum laude, Canisius College J.D., cum laude, University at Buffalo School of Law A Hodgson Russ team won a no-cause jury verdict for one of the world's largest insurance companies in a $100-million coverage case. The victory came in what was New Jersey's first coverage trial in a decade. One of the largest roofing manufacturers in the country had filed suits against dozens of insurers seeking coverage for sums paid to settle customers' claims for defective shingles. All but one insurer settled or was dismissed; the remaining insurer wanted our team to take its case to the jury. Our trial team showed the jury that the settlements the company paid its customers simply weren't something our client could pay for under its insurance policy. Our team also offered proof the company lied to its customers about its defective shingles. After a seven-week trial, the jury returned a no-cause verdict, saving our client more than $100 million. An appellate court later affirmed the jury verdict and judgment, holding that the roofing manufacturer had failed to prove its damages in payments made to settle customers claims for defective shingles was covered by its insurance policy. In addition to holding that the manufacturer had failed to carry its burden of proof, the appellate court also affirmed the trial judge s spoliation charge, required by the company s altering of the evidence used to calculate its alleged damages and its partial, pre-verdict dismissal of its bad-faith claims, which would have increased damages to more than $100 million. Hodgson Russ represented a leading provider of DNA-based diagnostic services in two patent infringement lawsuits concerning patents used for testing canine DNA for genetic disorders. The first suit, against an offshore testing enterprise and a large research university, was settled favorably for our client. The second suit, against a Florida-based genetic testing company, was also resolved favorably. Hodgson Russ represented an equestrian facility and its owner in prosecuting a defamation claim related to false statements made about our clients treatment of the horses. The defendant ceased and desisted her conduct and issued a public apology to our clients.
3 Hodgson Russ represented a horse owner in a dispute with his agent arising from the purchase of a horse unfit for the reason purchased. The agent failed to disclose the lameness of the horse that was uncovered during a veterinary pre-purchase exam. The lameness was disclosed by the veterinarian on the pre-purchase examination report, but the agent withheld the report and misrepresented the condition of the horse in order to obtain a finder s fee. We successfully resolved the dispute prior to litigation. In Nulux, Inc. v. Litelab Corporation et al., Civ. No. 1:01-cv (E.D.N.Y. 2008), the court ruled in favor of our client, deciding against the plaintiff's claims of trade dress infringement with respect to high-end retail architectural lighting. News Hacked! EquiManagement, February 9, 2018 Seventy Hodgson Russ Attorneys Named to 2017 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, September 6, 2017 Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 31, 2016 Sixty-Four Hodgson Russ Attorneys Named to 2015 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 19, 2015 Hodgson Russ Announces Five Newly Elected Partners Press Release, December 30, Under 40: Melissa Subjeck Buffalo Business First, November 7, 2014 Profile: Melissa Subjeck Arabian Horse Times, October Hodgson Russ Attorneys Named to Super Lawyers Listing Press Release, August 14, 2014 Melissa N. Subjeck Among Business First s 40 Under Forty Press Release, August 11, 2014 Seventy Hodgson Russ Attorneys Named to Super Lawyers Listing August 2013
4 Presentations Sustainable Food & Agriculture Forum April 11, 2018 Equifest Western Chapter of NYSHC - Moving Beyond the Handshake Deal: The Increasing Importance of Written Agreements in the Horse Industry March 18, 2017 Purina Horse Owners' Workshop - Legal Issues for Horse Owners and Professionals Clyde's Feed and Animal Center, December 1, 2016 Purina Horse Owners' Workshop - Legal Issues for Horse Owners and Professionals Clyde's Feed and Animal Center, March 25, 2016 Equine Affaire - Nuts & Bolts of Equine Law: Everything an Equine Professional and Horse Enthusiast Should Know November 14, 2015 Nassau-Suffolk Horsemen's Association - Equine Law: Legal Issues for Horse Owners and Professionals November 4, 2015 Central New York Horse Club - Equine Law: Legal Issues for Horse Owners and Professionals September 17, 2015 Arabian Horse Association of New York - Equine Law: Legal Issues for Horse Owners and Professionals May 19, 2015 Equine Affaire: Nuts & Bolts of Equine Law - Everything a Horse Enthusiast Should Know Columbus, OH, April 12, 2015 Equine Affaire - Professional Negligence in the Equine Industry: What Every Professional Wants to Know Columbus, OH, April 12, 2015 Publications Equine Leases: Hand-Shake Deal or Written Agreement? Mane Stream, April 2017 PATENT D.N.J.: Medical device patents not deemed unenforceable due to erroneous small-entity fee payments Wolters Kluwer IP Law Daily, October 31, 2016 A Natural Fit for Attorneys with Love of Horses Buffalo Law Journal, May 2, 2016 Equine Sales Transactions: How to Handle the Dishonest Seller Mane Stream, January 28, 2016
5 Protecting Your Equine Business: The Truth About Liability Releases Mane Stream, November/December 2015 Understanding Equine Activity Statutes: What Can and Can t They Do? Mane Stream, August 2015 Equine Insurance - Do I Need It?: Understanding the Benefits of Equine Liability Coverage for Your Equine Business Operation Mane Stream, June 2015 Courts, Employers Ponder Restrictive Covenants Buffalo Law Journal, April 8, 2015 New York Case Highlights Sales Tax Pitfalls for Boarding Operations New York State Horse Council Newsletter, March 6, 2015 Equine Liability: Am I Responsible if my Horse Injures Someone? New York Horse Council Newsletter, March 6, 2015 Professional Affiliations Federal Bar Association New York State Bar Association Bar Association of Erie County Community & Pro Bono SPCA Serving Erie County board of directors, co-chair of legislative committee, and governance committee Former National Federation for Just Communities of Western New York board of directors and co-chair of the Dash for Diversity Committee Former Roswell Park Cancer Institute All-Star Night Committee Former Women and Children's Hospital of Buffalo Foundation Event Planning Committee University at Buffalo School of Law mentoring program United States Equestrian Federation, member Arabian Horse Association of New York, member
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