admissions · partner, litigation practice; agriculture, equine, and hemp & medical cannabis...

Attorney advertising. Prior results do not guarantee a similar outcome. Practice restricted to U.S.

ALBANY BUFFALO HACKENSACK NEW YORK C I TY PALM BEACH SARATOGA SPR INGS TORONTO www .hodgson r u s s . c om

MELISSA N. SUBJECKPartner, Litigation Practice; Agriculture, Equine, andHemp & Medical Cannabis Practices Leader

[email protected] 716.848.1719

The Guaranty Building140 Pearl StreetSuite 100Buffalo, NY 14202

The Guaranty Building140 Pearl StreetSuite 100Buffalo, NY 14202

Saratoga Springs60 Railroad PlaceSuite 300Saratoga Springs, NY 12866518.736.2900

Practices & Industries

Business Litigation

Intellectual Property Litigation

Intellectual Property & Technology

Equine

Agriculture

Aerospace & Defense

COVID-19 Litigation &Employment Action Team

Food & Beverage

Gaming

Hemp & Medical Cannabis

Life Sciences

Non-Compete, Non-Solicit & TradeSecrets

Admissions

New York

Melissa is an experienced and dedicated business litigator. She represents prominentnational corporations in complex contract, intellectual property, employment, andbusiness disputes, as well as professional malpractice matters. Melissa’s extensiveexperience litigating intellectual property matters includes patent, trademark,copyright, and trade secret disputes. A significant part of Melissa’s practice alsofocuses on non-compete litigation.

She has represented both plaintiffs and defendants in diverse areas, including thefinancial, aerospace, pharmaceutical, medical, dental, and genetic testing industries.She has prosecuted and defended these cases across New York State and elsewhere,frequently obtaining or opposing applications for preliminary injunctive relief.

In addition to general business and intellectual property litigation, Melissa—anowner, breeder, and experienced rider of several national champion Arabian andHalf-Arabian horses—is also well versed in and uniquely positioned to practiceequine and agriculture law. Melissa’s knowledge of these industries, combined withher experience in contract and litigation matters, makes her particularly adept atprotecting the diverse legal needs of agricultural operations and horse owners,breeders, trainers, and equestrian facilities. Melissa represents clients in a broadrange of matters, including those related to equine and agriculture litigation, disputeresolution, and industry specific contracts.

Melissa also leads the firm’s Hemp & Medical Cannabis Practice, assisting clientswith the unique and challenging issues faced by this emerging industry.

Honors

● Listed, Upstate New York Super Lawyers, (Business Litigation) 2013 - 2020

● Listed, Best Lawyers in America (Gaming Law) 2020 - 2021

● Buffalo Business First’s 40 Under Forty award, 2014


U.S. Court of Appeals, SecondCircuit

U.S. District Court, Eastern Districtof New York

U.S. District Court, NorthernDistrict of New York

U.S. District Court, SouthernDistrict of New York

U.S. District Court, Western Districtof New York

Education

Canisius College, B.A., Summa CumLaude

University at Buffalo School of Law,J.D., Cum Laude

● National Trial Lawyers’ Top 40 Under Forty

● Leadership Buffalo Class of 2014

● West Seneca Central School District 2008 Alumni of Distinction

● Former note and comment editor, Buffalo Law Review

Experience

Hodgson Russ represented a client in a matter where multiple parties were all allegedto have made fraudulent misrepresentations that induced the purchase of a horsewith a known dangerous predisposition. The firm successfully brokered a settlementthat provided compensation to our client and the transfer of title back to one of theinvolved parties.

Defended client in a trademark and copyright infringement action in New JerseyDistrict Court. We were able to:

● Obtain insurance coverage for the client

● Commence a parallel Trademark Trial and Appeal Board action against theplaintiff

● Obtain a favorable settlement of all proceedings

Assisted with general corporate matters, such as NDAs, non-competes, supplyagreements and other commercial contracts, and mergers and acquisitions mattersfor a U.S.-based supermarket chain.

A Hodgson Russ team won a no-cause jury verdict for one of the world's largestinsurance companies in a $100-million coverage case. The victory came in what wasNew Jersey’s first coverage trial in a decade. One of the largest roofing manufacturersin the country had filed suits against dozens of insurers seeking coverage for sumspaid to settle customers’ claims for defective shingles. All but one insurer settled orwas dismissed; the remaining insurer wanted our team to take its case to the jury.After a seven-week trial, the jury returned a no-cause verdict, saving our client morethan $100 million. An appellate court later affirmed the jury verdict and judgment.

Litigated non-compete matters for a major food distributor that services hospitals,health care facilities, casinos, educational facilities and independent and chainrestaurants.

Hodgson Russ represented a leading provider of DNA-based diagnostic services intwo patent infringement lawsuits concerning patents used for testing canine DNAfor genetic disorders. The first suit, against an offshore testing enterprise and a large

MELISSA N. SUBJECK


research university, was settled favorably for our client. The second suit, against a Florida-based genetic testing company,was also resolved favorably.

Hodgson Russ represented an equestrian facility and its owner in prosecuting a defamation claim related to false statementsmade about our clients’ treatment of the horses. The defendant ceased and desisted her conduct and issued a public apologyto our clients.

Hodgson Russ represented a horse owner in a dispute with his agent arising from the purchase of a horse unfit for the reasonpurchased. The agent failed to disclose the lameness of the horse that was uncovered during a veterinary pre-purchase exam.The lameness was disclosed by the veterinarian on the pre-purchase examination report, but the agent withheld the reportand misrepresented the condition of the horse in order to obtain a finder’s fee. We successfully resolved the dispute prior tolitigation.

In Nulux, Inc. v. Litelab Corporation et al., Civ. No. 1:01-cv-03023 (E.D.N.Y. 2008), the court ruled in favor of our client,deciding against the plaintiff ’s claims of trade dress infringement with respect to high-end retail architectural lighting.

In the News

A Pandemic is the Perfect Time to Make an Estate PlanChronicle of the Horse, May 20, 2020

Growing anticipation: Businesses and lawyers are collaborating now on legalization plansBuffalo Business First, March 12, 2020

Buffalo Business First - Thought Leaders: Almost Legal: Changes are coming to region's cannabis industryBuffalo Business First, March 22, 2019

Hacked!EquiManagement, February 9, 2018

40 Under 40: Melissa SubjeckBuffalo Business First, November 7, 2014

Profile: Melissa SubjeckArabian Horse Times, October 2014

Melissa N. Subjeck Honored by National Trial Lawyers: Top 40 Under 40July 3, 2012

Five Hodgson Russ Attorneys Admitted to New York State BarApril 11, 2007

MELISSA N. SUBJECK


Press Releases

Sixty-Two Hodgson Russ Attorneys Named to 2020 Upstate New York Super LawyersHodgson Russ Press Release, September 8, 2020

Fifty-Five Hodgson Russ Attorneys Ranked in 2021 Best Lawyers in America Hodgson Russ Press Release, August 20, 2020

52 Hodgson Russ Attorneys Named to Various Best Lawyers ListingsHodgson Russ Press Release, August 20, 2019

Sixty Hodgson Russ Attorneys Named to 2019 Upstate New York Super LawyersPress Release, August 12, 2019

Sixty-One Hodgson Russ Attorneys Named to 2018 Upstate New York Super LawyersPress Release, August 20, 2018

Seventy Hodgson Russ Attorneys Named to 2017 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50Press Release, September 6, 2017

Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50Press Release, August 31, 2016

Sixty-Four Hodgson Russ Attorneys Named to 2015 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50Press Release, August 19, 2015

Hodgson Russ Announces Five Newly Elected PartnersPress Release, December 30, 2014

63 Hodgson Russ Attorneys Named to Super Lawyers ListingPress Release, August 14, 2014

Publications

Boozy Ice Cream as the Respite to Financial Uncertainty? New York Says YesHodgson Russ Food & Beverage Alert, September 23, 2020

Borrower Beware II: Whistleblower Workers Put PPP Borrowers in the Government's Crosshairs for False Claims Act andCriminal InvestigationsHodgson Russ COVID-19 Litigation & Employment Alert, September 10, 2020

How Would You Like Your Eggs…Sued? New York Attorney General Sues Egg Supplier for Price-GougingHodgson Russ Food & Beverage Alert, August 31, 2020

Hemp Processors Beware: DEA Interim Final Rule Has Criminal Liability ImplicationsHodgson Russ Hemp & Medical Cannabis Alert, August 26, 2020

MELISSA N. SUBJECK


Is Your Business Considering Hosting a Large Event or Gathering? If So, Be Sure to Consider a COVID-19 WaiverHodgson Russ COVID-19 Litigation and Employment Action Team Alert, August 6, 2020

Federal Court Rules Against Emotional Distress Claims for COVID-19 Exposure in Decision Favorable to Gathering Places,Hospitality IndustryHodgson Russ COVID-19 Litigation and Employment Action Team Alert, July 28, 2020

Employment Related Pandemic Legal Actions on the RiseHodgson Russ COVID-19 Litigation & Employment Action Team Alert, July 14, 2020

Early COVID-19 Court Decisions Supporting Executive Orders Suggest How the Courts May View Their Impact OnBusiness RelationshipsHodgson Russ Business Litigation Alert, June 23, 2020

Securing Payment or Forbearance in the Time of COVID-19Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020

Borrower Beware: Prepare Now to Defend your Company’s Paycheck Protection Program (PPP) Loan from SBA Review ora Possible False Claims Act or Criminal InvestigationHodgson Russ COVID-19 Litigation & Employment Action Team Alert, June 15, 2020

Presentations & Events

Trademark Protection for the U.S. Cannabis Industry: Dealing with Threats and ChallengesMarch 10, 2020

Minimizing Exposure to Lawsuits in U.S. Courts: An Introduction for European CompaniesOctober 16, 2019

Industrial Hemp Research Update and Information SessionCrossroads Conference Center, Belmont, NY, April 10, 2019

Professional Equine SymposiumLongfellow's Hotel, 500 Union Ave, Saratoga Springs, NY 12866, December 12, 2018

What Nordic Companies Need to Know to Protect Their Intellectual Property Interests in the U.S.November 8, 2018

Purina Professional Horseman’s SymposiumPurina Animal Nutrition, Clyde’s Feed and Animal Center, July 10, 2018

United States Law Firm Group PresentationHodgson Russ, 140 Pearl St, Buffalo, NY 14202, May 17 to May 18, 2018

MELISSA N. SUBJECK


Sustainable Food & Agriculture ForumApril 11, 2018

Equifest Western Chapter of NYSHC - Moving Beyond the Handshake Deal: The Increasing Importance of WrittenAgreements in the Horse IndustryMarch 18, 2017

Purina Horse Owners' Workshop - Legal Issues for Horse Owners and ProfessionalsClyde's Feed and Animal Center, December 1, 2016

Professional Affiliations

● Federal Bar Association

● New York State Bar Association

● Bar Association of Erie County

Community & Pro Bono

● SPCA Serving Erie County board of directors, co-chair of legislative committee, and governance committee

● Former National Federation for Just Communities of Western New York board of directors and co-chair of the Dash forDiversity Committee

● Former Roswell Park Cancer Institute All-Star Night Committee

● Former Women and Children's Hospital of Buffalo Foundation Event Planning Committee

● University at Buffalo School of Law mentoring program

● United States Equestrian Federation, member

● Arabian Horse Association of New York, member

MELISSA N. SUBJECK

admissions · partner, litigation practice; agriculture, equine, and hemp & medical cannabis...

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