At a Glance

Donald ("Dan") W. O'Brien, Jr. is a Partner in the firm's 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.

Honors

Mr. O'Brien was named the "2013 Nathanial Award Recipient" and a "2013 Leader in Law" by The Daily Record. He 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.

Practice Areas

Business Litigation

Environmental Law & Litigation

Insurance Defense

Intellectual Property Litigation

Land Use & Zoning

Medical Malpractice

Products Liability / Mass & Complex Torts

Professional Malpractice Defense

Tax Assessment & Condemnation

Appellate Litigation

Education

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

Bar Admissions

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

The United States Supreme Court.

Key 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)

Professional Affiliations

Mr. O'Brien is a member of the Monroe County, Ontario County and New York State Bar Associations.

Community Involvement

Mr. O'Brien is a former member of 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.

Articles

8-17-23 Thirty-Eight Woods Oviatt Gilman Attorneys Named to the Best Lawyers 2024 List

4-11-22 As seen in the Rochester Business Journal - Clean Energy Webinar: Best time to invest is right now

8-24-21 Woods Oviatt Attorneys Named to "Super Lawyers" list.

3-19-20 Woods Oviatt Gilman Creates a Multidisciplinary Crisis Resource Group

8-15-2019 Twenty-five Woods Oviatt attorneys named to the Best Lawyers in America List.

8-14-19 35 Woods Oviatt Attorneys Named to the 2020 Super Lawyers List

8-14-17 Twenty-Six Woods Oviatt Attorneys Named to "Best Lawyers in America"

12-7-16 Donald (Dan) O'Brien, Esq. to Speak at Monroe County Bar Association's Nuts and Bolts Civil Practice: From Note of Issue to Trial Date

8-18-2016 Five Woods Oviatt Attorneys Named "Lawyers of the Year" and Twenty-Six Attorneys Named to "Best Lawyers in America" List.

8-15-2016 Twenty-Four Woods Oviatt Gilman Attorneys Named to the 2016 Super Lawyers List

3-15-16 Dan O'Brien, Esq. to speak at SUNY Buffalo Law Alumni Event - Cross-Examination: Practical Tips

Twenty-Four Woods Oviatt Attorneys Named to "Best Lawyers in America" List.

Thirteen Woods Oviatt Attorneys Are Included on the 2014 Upstate New York Super Lawyers List and Three Attorneys Are Named 2014 Upstate New York Rising Stars.