Steven E. Cole
Steve Cole serves as the firm’s Managing Partner. He represents businesses and individuals in complex disputes in federal and state courts, in arbitration, and before governmental agencies. Steve regularly represents companies and individuals in business-related disputes involving trade secrets, shareholder rights, restrictive covenants, and intellectual property. He also has extensive experience representing clients in the financial services industry, including investor disputes, regulatory inquiries, and disputes involving corporate raiding.
Clients have trusted Steve to handle numerous trials in state and federal court, as well as arbitration hearings, including hearings before AAA Commercial Arbitrators, FINRA, and the Securities and Exchange Commission.
Clients benefit from Steve’s extensive familiarity and experience with the process of resolving disputes through trial, dispositive motion, and settlement.
RESULTS/REPRESENTATIVE EXPERIENCE
- Obtained a seven-figure verdict after trial in favor of a client seeking to recover damages against the issuer of publicly traded stock and its stock administration contractor for failing to honor a demand to exercise stock options as required under the stock option award agreement.
- Negotiated a seven-figure settlement for a client after winning partial summary judgment on a key issue in a dispute between business partners.
- Obtained pre-answer dismissal of breach of non-compete and interference with contract claims on behalf of employer and new hire
- Obtained injunctive relief at the outset of litigation in multiple cases to protect the rights of clients who were partners, shareholders, employers, or creditors.
- Obtained injunctive relief and partial summary judgment in arbitration in favor of a client against his business partner, resulting in a negotiated settlement and a purchase of the client’s partnership interests.
- Obtained pre-answer dismissal of multiple claims asserted against a client by the estate of a business partner claiming continuing ownership in an insurance agency.
- Defeated an adversary’s efforts to obtain a pre-trial injunction against a construction industry client based on trademark infringement and dilution claims.
- Defeated efforts by an attorney to obtain a preliminary injunction and partial summary against a former law partner for alleged breach of a partnership agreement and breach of fiduciary duty.
- Negotiated a favorable buy-out of a minority shareholder’s interests in an information technology venture based upon shareholder oppression claims after presenting valuation evidence during a five-day evidentiary hearing
- Negotiated a favorable settlement in favor of a dairy farm seeking to recover damages from the manufacturer and distributor of an automated milking system.
- Obtained dismissal on summary judgment of environmental liability claim against a national fuel distribution company.
- Obtained a voluntary dismissal of a shareholder derivative suit in its entirety after having successfully moved to dismiss plaintiff’s claims of self-dealing by the controlling shareholder as lacking evidence.
- Obtained a favorable settlement in favor of a collector of antique automobiles against a dealer based on fraud and misrepresentation, after obtaining preliminary injunctive relief.
ACTIVITIES AND AFFILIATIONS
- Member of the Monroe County Bar Association
- New York State Bar Association
- Worker Justice Center of New York Board of Directors (emeritus), 1998-2021; Board Chair 2011-2021
- Western New York Coalition of Farmworker Serving Agencies Board of Directors; Board Treasurer
RECOGNITION AND AWARDS
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RBJ/Daily Record Power 50 Law 2023
- Daily Record Power 20 Litigation 2022 & 2023
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“Lawyer of the Year 2022” by The Best Lawyers in America©
- Recognized by The Best Lawyers in America® for Commercial Litigation, Securities Litigation, and Bet-the-Company Litigation
- Selected to “Super Lawyers”
- Recognized by Chambers USA for Commercial Litigation
PRESENTATIONS AND SEMINARS
- Monroe County Bar Association, Tying Up Loose Ends – Escaping Litigation over Commercial Agreements, December 10, 2020
- Monroe County Bar Association, Half a Day of M&A – The Latest on Mergers and Acquisitions, September 27, 2019
- Monroe County Bar Association, Restrictive Covenants and Trade Secrets, March 27. 2019
RECENT BLOG POSTS & PUBLICATIONS
- Planning for Business Succession and Avoiding Disputes– January 13, 2021
- Predicting Success in Protecting Trade Secrets – An Analysis of Four Factors– Rochester Daily Record, December 13, 2018.