As a former active-duty servicemember and attorney in the U.S. Army Judge Advocate General’s Corps (JAGC), Erika Stanat applies the discipline, focus and determination to win that she learned in the Army to her practice as a commercial and intellectual property litigator. She counsels clients in the protection of their intellectual property, representing them in lawsuits in state and federal courts relating to patents, trademarks, and trade secrets. In addition to her work in IP litigation, Erika represents clients in disputes and in litigation concerning tax, employee benefits (ERISA) and executive compensation issues. Erika also has experience helping clients to respond to DOL, IRS, SEC, and Title IX audits and investigations.
Erika also has an active mediation practice, mediating dozens of cases as a Certified Federal Court Mediator for the U.S. District Court for the Western District of New York. Her mediation practice primarily involves intellectual property, commercial, and employee benefits disputes.
Currently, Erika serves as the Practice Group Leader of the Commercial and Intellectual Property Litigation practice and as a member of the Firm’s Hiring Committee. She has previously served as the Firm’s Hiring Partner, partner liaison to the associates’ committee, and as a member of its Management Committee.
Representative Experience
- Quintel Technology Ltd. v. Huawei Technologies Co. (E.D. Tx. 2018), served as trial counsel for a telecommunications technology company, alleging claims for misappropriation of trade secrets, breach of a non-disclosure agreement, and fraud. Successfully settled case on favorable terms favorable on the sixth day of jury trial.
- Demodulation, Inc. v. Corning Incorporated et al. (D.N.J. 2016), served as lead counsel for one of the world’s leading innovators in material science in the District of New Jersey against breach of contract and misappropriation of trade secrets claims, and alleged violations of state and federal RICO statutes claims. Successfully moved for and obtained summary judgment for Corning.
- Corning Optical Communications, LLC (COC) v. Diversified Material Specialists, Inc. (M.D. Fl. 2016), served as lead counsel for a leading manufacturer of fiber optic cables and equipment concerning infringement of four of its patents. Successfully negotiated an injunction protecting COC’s patents.
- Served as lead counsel for national media subsidiaries in a dispute regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement in 2016.
- William R. Gray v. Quietflex Manufacturing Company, L.P. (W.D. NY 2015), served as lead counsel for an inventor in a patent infringement suit in the Western District of New York against a Texas-based manufacturer of air duct products for use in the HVAC industry. Negotiated a favorable license agreement.
- Bendiner & Schlesinger, Inc. v. 1199 SEIU Health Care Employees Pension, (AAA 2015), served as lead counsel to a diagnostic laboratory in an arbitration regarding withdrawal liability arising from participation in and withdrawal from a multiemployer pension plan. Negotiated a favorable settlement.
- Bausch & Lomb Incorporated and Wyeth LLC v. Vitamin Health, Inc. (W.D.N.Y. 2016), served as local counsel for Bausch & Lomb & Wyeth LLC in a patent infringement suit relating to nutritional supplements to prevent macular degeneration.
- TuitionFund, LLC vs. First Horizon National Corporation, et al. (M.D. Tn. 2014), served as lead consel for eight defendants against claims of patent infringement. Negotiated a favorable license agreement.
- Laserlock Technologies, Inc. v. WS Packaging Group, Inc. (W.D. Pa. 2012), served as lead counsel for one of North America’s leading label and packaging product manufacturers against claims of infringement. Negotiated plaintiff’s voluntary dismissal of the action after discovery.
Professional & Civic Affiliations
- Member, Board of Directors, Roger Tory Peterson Institute of Natural History, 2018-Present
- Member, Wilmot Cancer Center Advancement Committee, 2017-Present
- Bucknell University
- Trustee, 2014-Present; Vice Chair, Nominations and Governance Committee, 2017-Present; Member, Strategic Planning Advisory Group, 2017-Present; Chair, Risk Management Subcommittee, 2015-2017
- Board Member, Alumni Association, 2004-2012; President, 2010-2012; Executive Committee Member, 2004-2012
- Third Presbyterian Church of Rochester
- Member, Personnel Committee, 2014-Present; Trustee, 2014-2015
- Chair, Mock Interview Program, Twelve Corners Middle School, 2014-Present
- Co-Chair, Mother's Day Jewelry Shop Program with the Rochester City School District, 2015-Present; Volunteer, 2012-2014
- Co-Chair, 2014 Stars and Stripes Dinner, Veteran’s Outreach Center
- Member, W.D.N.Y. Local Rules Committee and Local Patent Rules Subcommittee, 2013-Present
- Member, Intellectual Property Institute of the Litigation Counsel of America, 2016-Present
- U.S. District Court for the W.D.N.Y., Certified Federal Court Mediator, 2012-Present
Honors & Awards
- Recognized by Chambers USA from 2017-2020 in the field of Litigation
- AV Preeminent® Peer Review Rated by Martindale-Hubbell
- Recipient, ‘‘Top Women in Law’’ Award, The Daily Record, 2014
- Selected by her peers for inclusion in The Best Lawyers in America© in the field of Commercial Litigation and Litigation-Intellectual Property
- Selected to the Upstate New York Top 25 Women Super Lawyers list, 2011, 2012, 2014, 2015
- Selected to the Upstate New York Super Lawyers list, 2007-2019
- Senior Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society
- Recipient, Young Alumni Award, Bucknell University, 2005
- Recipient, "Forty Under 40" Award, Rochester Business Journal, 2004
- Recipient, William McKnight Award for Pro Bono Service
- United States Army Achievement Medal with oak leaf cluster, Army Commendation Medal, and Meritorious Service Medal with oak leaf cluster
Presentations
- Presenter, “Select Issues in Modern Contract Law,” Harter Secrest & Emery LLP, March 2020
Admissions
- New York
Education
- The Dickinson School of Law, J.D.
- Bucknell University, B.A.