281

Sheldon K. Smith

Partner
  • Buffalo and Corning
  • 716.844.3761
  •   •     •     •  

Trial attorney, problem solver and strategic advisor, Sheldon Smith represents clients in complex and often high-profile business disputes. He helps clients efficiently resolve matters inside and outside the courtroom. Sheldon regularly counsels financial institutions, medical providers, high-end commercial property owners, real estate developers, and manufacturers.

Commercial Litigation

Sheldon represents buyers and sellers in disputes involving the domestic and international sales of goods. He counsels businesses on matters involving trade secret misappropriation, trademark infringement, non-compete agreements, and other restrictive covenants. He also handles a variety of matters for banks, including check disputes, fiduciary duty claims, and fraud allegations.

Tax Assessment and Condemnation

Sheldon handles high-stakes tax assessment challenges and related real property valuation disputes.

Health Care Litigation

Sheldon represents a wide range of health care providers (including hospitals, medical associations, nursing homes, physicians, dentists, physical therapists and DME companies) regarding the many types of business, reimbursement, privacy, and real property disputes that arise in the health care arena.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, National Bar Association, Commercial Law Section
  • Appointed Member, Attorney Advisory Group to the New York Federal and State Judicial Council
  • Member and Past President, Minority Bar Association of Western New York
  • Member, Rochester Black Bar Association
  • Board of Directors, Catholic Health System
  • Board of Directors, National Federation for Just Communities
  • Former Member, Board of Directors, Western New York Defense Trial Lawyers Association
  • Former Appointed Member, Attorney Grievance Committee, Fourth Department, Eighth Judicial District
  • Former Board Member and 2nd Vice Chair, Meals on Wheels for WNY

HONORS & AWARDS

  • Recognized by Chambers USA in 2017 and 2018 in the field of Litigation
  • Selected to the Upstate New York Super Lawyers list 2017-2018
  • Named by The Daily Record as one of Rochester’s Attorneys of the Year, 2014
  • Recognized by New York Law Journal as a “Rising Star,” 2013
  • Recipient of the “Legal Service Award,” by the Minority Bar Association of Western New York, 2012
  • Recipient of the “Pro Bono Service Award” by the Western District of New York Federal Court, 2012
  • Recipient of the “Diversity Leadership Award” by the New York State Bar Association, Commercial and Federal Litigation Section, 2012

REPRESENTATIVE EXPERIENCE

  • A durable medical equipment manufacturer in federal court cases against several large insurance companies involving NYS No-Fault Benefit reimbursement disputes; engaged in extensive motion practice in some cases; successfully opposed a motion for a preliminary injunction; and reached comprehensive settlements and business deals in certain cases.
  • An engineering firm in non-compete and non-solicitation dispute against a competitor; successfully opposed a motion for a temporary restraining order; and efficiently obtained a favorable resolution for the client.
  • Financial institutions in AAA Arbitrations and NYS Commercial Division matters regarding various Commercial Deposit Agreement disputes, including “bad bookkeeper” cases and various forms of check disputes governed by Articles 3 and 4 of the UCC.
  • Nuclear facilities throughout NYS in high-profile, complex tax assessment challenges; led litigation team as one matter proceeded through full appraisal exchange (replacement cost and income approaches to value, involving numerous engineers and valuation experts); and led mediations and court conferences that resulted in favorable settlement and PILOT agreements.
  • Power Generating Facilities throughout NYS in contentious discovery disputes regarding tax assessment proceedings; and obtained a favorable decision limiting discovery by tax jurisdictions into company financial and other business information based on trade secret and related proprietary-information protections.
  • Commercial tenant and professional soccer franchise in high-profile lease dispute with the City of Rochester, which settled after contentious motion practice and court hearings.

PRESENTATIONS

  • “Implicit Bias, Diversity and Inclusion,” Bar Association of Erie County, March 2018
  • “Implicit Bias and Diversity in the Legal Profession: Exploring Best Practices for Lawyers and Judges,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, January 2018
  • “Commercial Division: Rule Amendments and Best Practices,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, May 2017
  • “Ethics and Civility,” New York State Bar Association, Spring Symposiums 2013, 2014, and 2017.
  • “Discovery Objections, Privilege Logs, and Sealing Orders,” FRCP Amendments and Local Rules, May 2016
  • “Mediation and Arbitration Best Practices,” New York State Bar Association, ADR Section, Spring 2014 Symposium
  • “Federal Civil Practice, a Primer: Taking and Defending Depositions,” New York State and Federal Judicial Council, December 2013
  • “The Latest Sanctions and Lessons in E-Discovery,” New York State Bar Association, Commercial & Federal Litigation Section, Spring Meeting 2012
  • “E-Discovery Updates and Best Practices,” National Bar Association, Commercial Law Section, February 2011

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. District Court for the Eastern, Western, Northern, and Southern Districts of New York
  • U.S. Bankruptcy Court for the Western District of New York

EDUCATION

  • SUNY Buffalo Law School, J.D., magna cum laude
  • SUNY Buffalo, B.S., with distinction
HSE Law
281
Sheldon K. Smith
Partner
ssmith@hselaw.com
tel: 716.844.3761
fax: 716.853.1617

Trial attorney, problem solver and strategic advisor, Sheldon Smith represents clients in complex and often high-profile business disputes. He helps clients efficiently resolve matters inside and outside the courtroom. Sheldon regularly counsels financial institutions, medical providers, high-end commercial property owners, real estate developers, and manufacturers.

Commercial Litigation

Sheldon represents buyers and sellers in disputes involving the domestic and international sales of goods. He counsels businesses on matters involving trade secret misappropriation, trademark infringement, non-compete agreements, and other restrictive covenants. He also handles a variety of matters for banks, including check disputes, fiduciary duty claims, and fraud allegations.

Tax Assessment and Condemnation

Sheldon handles high-stakes tax assessment challenges and related real property valuation disputes.

Health Care Litigation

Sheldon represents a wide range of health care providers (including hospitals, medical associations, nursing homes, physicians, dentists, physical therapists and DME companies) regarding the many types of business, reimbursement, privacy, and real property disputes that arise in the health care arena.

Representative Experience

  • A durable medical equipment manufacturer in federal court cases against several large insurance companies involving NYS No-Fault Benefit reimbursement disputes; engaged in extensive motion practice in some cases; successfully opposed a motion for a preliminary injunction; and reached comprehensive settlements and business deals in certain cases.
  • An engineering firm in non-compete and non-solicitation dispute against a competitor; successfully opposed a motion for a temporary restraining order; and efficiently obtained a favorable resolution for the client.
  • Financial institutions in AAA Arbitrations and NYS Commercial Division matters regarding various Commercial Deposit Agreement disputes, including “bad bookkeeper” cases and various forms of check disputes governed by Articles 3 and 4 of the UCC.
  • Nuclear facilities throughout NYS in high-profile, complex tax assessment challenges; led litigation team as one matter proceeded through full appraisal exchange (replacement cost and income approaches to value, involving numerous engineers and valuation experts); and led mediations and court conferences that resulted in favorable settlement and PILOT agreements.
  • Power Generating Facilities throughout NYS in contentious discovery disputes regarding tax assessment proceedings; and obtained a favorable decision limiting discovery by tax jurisdictions into company financial and other business information based on trade secret and related proprietary-information protections.
  • Commercial tenant and professional soccer franchise in high-profile lease dispute with the City of Rochester, which settled after contentious motion practice and court hearings.

Professional & Civic Affiliations

  • Member, National Bar Association, Commercial Law Section
  • Appointed Member, Attorney Advisory Group to the New York Federal and State Judicial Council
  • Member and Past President, Minority Bar Association of Western New York
  • Member, Rochester Black Bar Association
  • Board of Directors, Catholic Health System
  • Board of Directors, National Federation for Just Communities
  • Former Member, Board of Directors, Western New York Defense Trial Lawyers Association
  • Former Appointed Member, Attorney Grievance Committee, Fourth Department, Eighth Judicial District
  • Former Board Member and 2nd Vice Chair, Meals on Wheels for WNY

Honors & Awards

  • Recognized by Chambers USA in 2017 and 2018 in the field of Litigation
  • Selected to the Upstate New York Super Lawyers list 2017-2018
  • Named by The Daily Record as one of Rochester’s Attorneys of the Year, 2014
  • Recognized by New York Law Journal as a “Rising Star,” 2013
  • Recipient of the “Legal Service Award,” by the Minority Bar Association of Western New York, 2012
  • Recipient of the “Pro Bono Service Award” by the Western District of New York Federal Court, 2012
  • Recipient of the “Diversity Leadership Award” by the New York State Bar Association, Commercial and Federal Litigation Section, 2012

Presentations

  • “Implicit Bias, Diversity and Inclusion,” Bar Association of Erie County, March 2018
  • “Implicit Bias and Diversity in the Legal Profession: Exploring Best Practices for Lawyers and Judges,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, January 2018
  • “Commercial Division: Rule Amendments and Best Practices,” New York State Bar Association, Commercial & Federal Litigation Section Meeting, May 2017
  • “Ethics and Civility,” New York State Bar Association, Spring Symposiums 2013, 2014, and 2017.
  • “Discovery Objections, Privilege Logs, and Sealing Orders,” FRCP Amendments and Local Rules, May 2016
  • “Mediation and Arbitration Best Practices,” New York State Bar Association, ADR Section, Spring 2014 Symposium
  • “Federal Civil Practice, a Primer: Taking and Defending Depositions,” New York State and Federal Judicial Council, December 2013
  • “The Latest Sanctions and Lessons in E-Discovery,” New York State Bar Association, Commercial & Federal Litigation Section, Spring Meeting 2012
  • “E-Discovery Updates and Best Practices,” National Bar Association, Commercial Law Section, February 2011

Admissions

  • New York

Education

  • SUNY Buffalo Law School, J.D., magna cum laude
  • SUNY Buffalo, B.S., with distinction

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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