Sharon M. Porcellio, Partner

Practice Focus & Experience

Ms. Porcellio concentrates her practice on the prosecution and defense of complex commercial litigation for businesses, professionals and public entities and officials in all courts and administrative tribunals in New York. She has litigated and counseled organizations and individuals in matters relating to business acquisitions, trade secrets, unfair competition, civil rights and contract disputes. Ms. Porcellio also regularly represents businesses and institutions on labor and employment matters. She handles delicate internal investigations and routinely assists employers with regulatory compliance, risk management, employment agreements, employee manuals, restrictive covenants, agreements not to compete, hiring, termination, separation, discriminatory practice claims, record retention, electronic communications and health and safety issues. She successfully has defended employers against alleged employment law violations before the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights and the state and federal courts in New York.

From her more than 25 years of experience, Ms. Porcellio has developed a practical and businesslike perspective to her practice. She works closely with her clients to truly understand their objectives and concerns. She uses creative, expeditious and cost-effective strategies to satisfy those objectives. This client-first approach yielded a positive, value-added result in her representation of developers facing a class action during the construction phase of a multi-purpose arena in Buffalo. Recognizing that time was of the essence, she worked diligently to bring about a swift resolution of the litigation that paved the way for the arena to be completed before the commencement of the National Hockey League season. She also obtained a multi-million dollar judgment for another developer by working with the opposing counsel and submitting a joint set of stipulated facts upon which the Court could render a favorable decision without a protracted and expensive trial.

Ms. Porcellio has worked with distinguished members of the judiciary and bar as Chair of the Commercial & Federal Litigation Section of the New York State Bar Association and Co-Chair of the Advisory Group to the New York State – Federal Judicial Council. The Commercial & Federal Litigation Section was instrumental in establishing the Commercial Division’s “business courts” throughout New York State. Ms. Porcellio is a frequent speaker about practice in the Commercial Division and continues to work with the Section and Office of Court Administration to expand and improve business courts. Her work with the Advisory Group has improved the efficiency of the state and federal court systems.

Ms. Porcellio has considerable experience with alternative dispute resolution. She is selected frequently to mediate cases for the Western District of New York ADR Pilot Project in matters involving the Fair Labor Standards Act, ADA, ADEA, Title VII, other workplace discrimination issues and business and other disputes.

Education

• Northwestern University School of Law, J.D., 1982
  - Member, Editorial Board, Northwestern Journal of International Law & Business
• University of Rochester, B.A., cum laude, 1979

Bar Admissions

• New York, 1983

Court Admissions

• U.S. Supreme Court
• U.S. Courts of Appeals (Second and Federal Circuits)
• U.S. District Courts of New York (Western, Southern, Northern)
• U.S. Bankruptcy Court of New York (Western)

Professional Activities & Memberships

• Co-Chair, Advisory Group to the New York State – Federal Judicial Council
• Past Chair, Commercial & Federal Litigation Section of the New York State Bar Association
• Co-Chair, Committee on Women in the Law, New York State Bar Association
• Certified Mediator, United States District Court for the Western District of New York
• Member, E-Discovery Working Group for the New York State Court System
• Member, Bar Association of Erie County
• Member, Monroe County Bar Association
• Member, New York State Bar Association
• Member, American Bar Association
• Member, Defense Research Institute
• Defense Trial Lawyers Association of Western New York

Selected Publications & Presentations:

• Co-Author, Advisory Group to the New York State-Federal Judicial Council, “Harmonizing the Pre-Litigation Obligation to Preserve Electronically Stored Information in New York State and Federal Courts” (2010) [PDF]
• New York Law Journal, Quarterly Column, “Western District Roundup” (2000 to present)
• Buffalo Law Journal, “Notable Change in Commercial Litigation” (July 21, 2011)
• The Bulletin, Bar Association of Erie County, “Pilot Mediation Program to Continue Due to High Settlement Rate” (March 2007)
• Buffalo Law Journal, (with Hon. John T. Curtin) “Review: 8 Useful Volumes on Federal Civil Practice” (July 17, 2006)
• Buffalo Law Journal, “Haig’s Book on Commercial Division is Welcome Addition” (June 30, 2005)
• The Daily Record, “Celebration of the American Jury, Recommendations for Reform” (April 29, 2005)
• New York Law Journal, “Innovation, Successes for Litigation” (January 25, 2001)
• New York State Bar Association Commercial & Federal Litigation Section – Introductory Lessons on Ethics and Civility, Program Chair and Moderator (2006 – 2010)
• New York State Bar Association Commercial & Federal Litigation Section – Where the Action is: Commercial Litigation in State Court (November 8, 2007)
• New York State Bar Association Commercial & Federal Litigation Section – presented a “Clopening” to a Mock Jury in a Commercial Case and engaged in analysis of the presentation and deliberation to gain insight for the future (May 13, 2005)
• New York State Bar Association Commercial & Federal Litigation Section – Deposition Practice and Practicalities in State and Federal Court (May 3, 2002)
• New York State Bar Association Commercial & Federal Litigation Section – How to Try a Commercial Case: the Basics (May 11, 2001)

Professional Recognition & Awards

• 2011 America Inns of Court Professionalism Award for the Second Circuit
• 2010 Leaders in Law, The Nathaniel Award Nominee, The Daily Record
• Top 25 Women Upstate New York, Super Lawers.com 2007, 2009, 2010, 2011
• Corporate Counsel Super Lawyers ® 2008, 2009, 2010
• New York Super Lawyers ® 2007, 2008, 2009, 2010, 2011
• Martindale-Hubbell AV Rating
• Fellow, American Bar Foundation
• Fellow, The New York Bar Foundation
• Who’s Who in Law 2006, Business First and The Buffalo Law Journal

Community Activities

• Board of Directors, Luminina Corporation/ Hope Chest Wellness and Dragon Boat Programs
• Collins for Our Future Transition Team, Social Services Subcommittee, December 2007
• University Alumni Club University of Rochester, Co-Chair, 25th Year Reunion Committee
• Leadership Buffalo, Class of 1994
• Past Vice President and Member, Board of Trustees, Mount Mercy Academy
• Past Member Board of Directors, American Lung Association of Western New York
• Northwestern University School of Law, 25th Year Reunion Committee and Alumni Admissions