Donald W. O'Brien, Jr.

Areas of Practice:

Intellectual Property Litigation
Business Litigation
Environmental Law & Litigation
Land Use & Zoning
Tax Assessment & Condemnation
Insurance Defense
Products Liability / Mass & Complex Torts
Medical Malpractice
Professional Malpractice Defense

Education:

State University of New York at Buffalo, J.D.
State University of New York at Geneseo, B.A.

Phone:

585-987-2810

Fax:

585-987-2910

Email:

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At a Glance:

Donald ("Dan") W. O’Brien, Jr. is a partner in the firm and Chair of the Litigation Department. His practice is concentrated in general business and civil litigation including intellectual property litigation, health care and environmental law. Mr. O’Brien has considerable trial experience in both state and federal courts and has handled a number of appeals before the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit. He focuses on intellectual property litigation, including patent, trademark and copyright cases. He has handled a wide variety of environmental cases involving zoning, planning, water resource and other land use issues. Mr. O’Brien also has experience in health care litigation, including medical malpractice actions and physician disciplinary proceedings.

Mr. O’Brien received his J.D. degree from the State University of New York at Buffalo School of Law and his B.A. degree, cum laude, from the State University of New York at Geneseo. He also served for two years as a law assistant to the Hon. Frederick D. Dugan and the Hon. Daniel A. DePasquale of the Yates and Seneca County Courts.

Representative Matters:

• Obtained favorable settlement on behalf of patent owner in infringement case against foreign infringer pending in the United States District Court for the Western District of New York  (lead counsel)

• Obtained favorable settlement against national retailer for infringing local business concern’s common law trademark rights in the United States District Court for the Western District of New York (lead counsel)

• Granted summary judgment on behalf of national manufacturer in patent infringement case in the United States District Court for the Western District of New York (co-counsel)

• Obtained favorable verdict following three-week trial in United States District Court for the Western District of New York against concentrated animal feeding operation (CAFO) for violations of Clean Water Act ( lead counsel)

• Obtained seven figure settlement in wrongful death action against New York State Thruway Authority and General Contractor under New York State Labor Law in case pending before the New York State Supreme Court and the Court of Claims (lead counsel)

• Obtained high six-figure settlement in medical malpractice case against major teaching hospital based on failure to diagnose incipient illness (lead counsel)

• Obtained defense verdict for manufacturer of safety devices in products liability action pending in the United States District Court for the Western District of New York (lead counsel) 

• Obtained summary judgment in insider trading case pending before the United States District Court in Minnesota (lead counsel) 

• Obtained seven-figure settlement in breach of contract case pending in the United States District Court for the Northern District of Illinois (lead counsel)

• Successfully represented numerous physicians and other health care professionals in disciplinary proceedings before New York State Department of Health and New York State Department of Education (lead counsel)

Community Involvement:

Mr. O'Brien currently serves on the Monroe County Bar Association Board of Trustees. He is past Chair of the Board of Directors of the Monroe County Legal Aid Society. Mr. O'Brien was President of the Geneseo Alumni Association for nine years and currently serves as the Co-Chair of the Rochester Regional Alumni Committee. Mr. O'Brien previously served on the Board of Trustees of Geva Theatre Center and is a former member of the Board of Directors of the Canandaigua Lake Pure Waters, Ltd. 

Bar Admissions:

Mr. O’Brien is admitted to practice before the Courts of New York State, the United States District Court for the Western, Eastern and Northern Districts of New York, the United States Court of Appeals for the Second Circuit and the United States Supreme Court. A member of the Ontario and Monroe County Bar Associations, he is also a member of the New York State Bar Association.

Other:

Mr. O'Brien is listed in the current edition of "The Best Lawyers in America".  He is also listed in the current edition of New York Super Lawyers for Intellectual Property Litigation, Environmental Law and Health Care Law.