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JoePorcello

He | Him | His

Partner

"I work closely with clients to develop and implement strategies tailored to their business needs, rooted in the commercial realities of their industry, and focused on their goals."

Overview

Biography

Joe focuses his practice on helping business clients resolve complex commercial disputes, often involving sophisticated technology and international dimensions. He represents major corporations, closely-held and family-owned companies, hospitals, and individuals in high-stakes litigation and other business-critical matters. Joe has served as lead counsel in state and federal courts, for both plaintiffs and defendants, whenever possible seeking to cost-effectively resolve disputes through mediation and other alternatives to traditional litigation.

Joe handles matters in a wide variety of areas, including contract disputes, false advertising and unfair competition, intellectual property, product liability, and insurance coverage. He has experience handling matters across various industries, including technology, energy, health care, consumer electronics, industrial equipment, building products, and wineries and vineyards.

In addition to his dispute resolution work, Joe regularly advises business clients with respect to risk mitigation and key commercial agreements, including in an outside general counsel role.

Experience

Representative Experience

Contract and Other Commercial Disputes

  • Successfully resolved a $20 million+ dispute between a multinational company client and a key strategic customer—involving complex technology—through pre-litigation mediation. Counseled the company’s senior business executives with respect to the parties’ contractual relationship going forward and strategies to avoid future disputes, mitigate liability, and position the company for productive future dealings.
  • Successfully defended a major multinational company in a breach of contract and warranty case relating to sophisticated technology in federal court.
  • Successfully defended a hospital client against breach of contract and fraud claims brought by a former radiology group.
  • Advised the executives of a food products company regarding force majeure and other excuses for non-performance under critical contracts as to the COVID-19 pandemic and related government measures.
  • Represented an industrial development agency in a major commercial litigation relating to a shopping center development, including the associated eminent domain valuation proceedings.
  • Obtained favorable settlements for a hospital client in a litigation with physicians regarding the proper payee of significant funds paid by a medical malpractice insurer in connection with its demutualization.
  • Advised a US building products company regarding its strategy “reset” for the defense of mass product defect claims in New Zealand. Devised parallel strategies to maximize the client’s insurance recovery.

Marketing and Advertising, Brand Protection, and Intellectual Property

  • Successfully defended an energy industry client against unfair competition and false advertising claims in federal court.
  • Designed a successful strategy for rapid response to a false advertising campaign of a building products client’s chief competitor, including preliminary injunction proceedings.
  • Secured the early dismissal of significant false advertising claims against a pet food manufacturer client, which was affirmed by the Sixth Circuit on appeal.
  • Resolved trademark disputes, including federal court infringement claims, through negotiation of co-existence agreements.
  • Counseled a winery client regarding its efforts to re-brand a newly acquired vineyard and winery in the Finger Lakes region of New York.
  • Represented an innovative fresh food products company with respect to trademark and brand protection matters relating to its new product lines.
  • Represented a research university client in a successful patent infringement case relating to hard drive technology.
  • Represented a market innovator in a successful patent litigation involving a computer-mediated method of conducting online auctions of financial and legal instruments.

Insurance Coverage

  • Reversed a denial of coverage and negotiated substantial insurer defense costs funding for a health care industry client.
  • Counseled a food industry client’s executives with respect to a major cybersecurity incident to ensure proper resources for response and to maximize insurance recovery.
  • Represented a power management company in significant toxic tort-related insurance coverage actions pending in Ohio state court and Wisconsin federal court.
  • Negotiated the resolution of a significant property damage and business interruption insurance coverage dispute—for the full value of the claim plus attorneys’ fees—reversing the original denial of coverage. Counseled the client’s CFO through a comprehensive accounting to document losses and maximize recovery.

Prior Experience

  • Bousquet Holstein PLLC, Member
  • K&L Gates LLP, Counsel
     

Selected Community Activities

  • Hal Welsh East Area Family YMCA, Board of Directors Member
  • Chatham Baroque, Former Board of Directors Executive Committee Member
     

Selected Honors

  • Selected to Super Lawyers Pennsylvania Rising Stars: Business Litigation, 2017
Knowledge

Selected Speaking Engagements

  • Syracuse University Blackstone LaunchPad Innovation Hub, “An Introduction to Brand Protection”
  • Tomkins County Chamber of Commerce, “Contractual Obligations and COVID-19: Force Majeure and Other Excuses for Non-Performance,” Webinar
  • Tomkins County Chamber of Commerce, “COVID-19: A Town Hall Discussion of Key legal Issues for Businesses in Unprecedented Times” Webinar Panelist
  • Client Training Program, “Marketing & Advertising Rules of the Road”

Featured Media

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Council on Environmental Quality Finalizes Revisions to National Environmental Policy Act Implementing Regulations

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Updates on Federal Student Loan Dischargeabilty in Bankruptcy

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