JoePorcello

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.