Sharon Porcellio, Litigation Lawyer - Bond, Schoeneck & King

Northwestern University School of Law (J.D., 1982)
University of Rochester (B.A., cum laude, 1979)

New York
U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Northern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Western District of New York
U.S. Bankruptcy Court for the Western District of New York

Practice

Litigation

Profile

Sharon uses her extensive trial experience to strategize with her clients to achieve expeditious and cost-effective solutions consistent with their objectives.

Her clients appreciate Sharon’s advice and innovative litigation approaches based on her understanding of business and litigation. She uses ADR judiciously and yet is ready for trial when necessary. Sharon has appeared in state and federal courts across the country and has a well-earned reputation for zealous and successful representation involving:

corporate/business disputes
class actions
fraud allegations
business torts and unfair competition claims
shareholder and partnership disputes and dissolutions
claims against professionals and public officials
Child Victims Act

claims of breach of contract
false claims suits
complaints by employees
breaches of fiduciary duty
indemnification and hold harmless claims
claims against nonprofit entities
COVID-19 matters

Representative Matters

Successfully pursued and resolved a breach of patent license agreement case for an international lighting solutions company.
Defending financial services and other companies in putative consumer class actions brought under the Telephone Consumer Protection Act.
Defending energy services companies in putative consumer class actions claiming overcharges resulting from among other alleged misdeeds, misrepresentation, consumer fraud and breach of contract.
Defended an insurance company group achieving dismissal of a qui tam relator's allegations that multiple defendants violated the False Claims Act by failing to reimburse the government for payments made to Medicare beneficiaries in violation of the Medicare Secondary Payer Act.
Represented a biotechnology company in winning dismissal of antitrust litigation over termination of distribution agreements.
Defending clients in collective and class action lawsuits under the FLSA and the New York Labor Law.
Represented a multipurpose arena and an NHL team in a class-action suit under the Americans with Disabilities Act which was resolved favorably and timely so that the new arena opened in time for the beginning of the season.
Represented international pharmaceutical companies against claims of fraud and other wrongdoing in connection with the pricing of prescription drugs.
Participated in a government investigation and subsequently defended a false claims act suit for an aerospace company.
Defended a Section 8 housing administrator in a class action suit alleging racial discrimination and segregation in the local administration of a public housing program.
Successfully defended a hospital in federal court against a claim by an emergency room physician that the hospital interfered with his right to contract.
Successfully defended a claim by a commercial tenant alleging constructive eviction and conversion through an equitable estoppel theory while also obtaining a judgment against the tenant for unpaid rent.
Defended a town in a sex discrimination suit by a female police lieutenant who claimed she was passed over for promotion to the position of chief.
Defended a minority police lieutenant in a jury trial on a claim of race discrimination by a white police officer who claimed the lieutenant retaliated against him.
Prosecuted and defended various claims for indemnification by and for a Fortune 500 company in connection with business acquisition agreements.
Successfully defended a subsidiary of a publicly traded company in an arbitration involving a dispute over a distributorship arrangement.
Represented a public authority in various disputes including power rates and inverse condemnation claims.

News

Events and Webinars

Webinar Recordings

Honors & Affiliations

Listed in:
- The Best Lawyers in America® 2021, Litigation - Labor and Employment
- Buffalo Business First, Legal Elite of Western New York, 2016-2020
- Martindale Hubbell®, AV Preeminent Rated
- New York Super Lawyers 2020®, Business Litigation (listed for more than 10 years)
  - Top 50 Upstate New York Super Lawyers (2013-2020)
  - Top 25 Women Upstate New York Super Lawyers (2013-2020)
Commission to Reimagine the Future of New York’s Courts, Member
Hon. Shira A. Scheindlin Award for Excellence in the Courtroom, 2019
Mount Mercy Academy Catherine McAuley Distinguished Alumna Honoree, 2018
New York State Federal Judicial Council, Advisory Group Co-Chair
Commercial Division Advisory Council to New York State Chief Judge
Lawyers Who Lead by Example, Public Service, New York Law Journal, 2016
American Inns of Court Professionalism Award for the Second Circuit, 2011
Leaders in Law, the Nathaniel Award Nominee, The Daily Record, 2010
E-Discovery Working Group for the New York State Court System
New York State Bar Association, Past Chair, Commercial & Federal Litigation Section; Past Co-Chair, Committee on Women in the Law
American Bar Association
Bar Association of Erie County
Monroe County Bar Association
Fellow, American Bar Foundation
Fellow, The New York Bar Foundation
Defense Trial Lawyers Association of Western New York
Editorial Board, Northwestern Journal of International Law & Business

Representative Presentations

Achieving Equality for Women in the Courtroom and in ADR: If Not Now, When?, Panel Presentation, Practicing Law Institute, November 14, 2018
Achieving Equality for Women In the Courtroom and ADR, Panel Presentation, Association of Corporate Counsel 2018 Full-Day CLE Program, New York City, June 20, 2018
Advancing Women in the Profession: A Conversation Among Former Commercial & Federal Litigation Women Section Chairs, New York State Bar Association Annual Meeting, January 27, 2016
Introductory Lessons on Ethics and Civility 2015, Panel Member, New York State Bar Association Commercial & Federal Litigation Section, April 17, 2015

Representative Publications

Co-author of "Remote Judging Survey: Access and Use of Technology, First Report," Technology Working Group of the Commission to Reimagine the Future of New York's Courts of which Sharon is co-chair, February 2021
Quarterly Column in New York Law Journal Western District Roundup:
- "Latitude Granted to a Pro Se Litigant Is Not Limitless," January 28, 2021
- "Judge Considers Case Involving Debtor's Confusion Over 2 Collection Letters," October 29, 2020
- "A Jury Trial in Age of COVID: Express and Implied Preemption in Medical Device Case," July 29, 2020
- "Case Against SEC Dismissed for Lack of Subject Matter Jurisdiction," April 23, 2020
- "Undisclosed Expert Testimony and a Village Small Claim," October 23, 2019
- "With Three Dismissals, Court Acts to Protect Its Time and Resources," July 25, 2019
- "Loss of Social Media Followers and an Update on CERCLA Case," April 25, 2019
- "Court Examines Two Doctrines in Environmental Case," January 24, 2019
- "Two Decisions Provide Helpful Discovery Guidance," October 25, 2018
- "2 Different Choice-of-Law Issues in Case Involving Third-Party Consultant," July 26, 2018
- "Decision Tackles Privilege Issues When Third-Party Consultant Is Involved," April 26, 2018
- "Standard for Pleading a Claim of Direct Patent Infringement: 'Sessler'," January 25, 2018
- "Court Addresses Dueling Principles of Statutory and Treaty Construction," October 26, 2017
- "Discovery of Mental Health Records, and Complex Issues Regarding Standing," July 27, 2017
- “In Two Cases, Court Addresses Bankruptcy and Arbitration Provisions,” April 27, 2017
- “Two Decisions Address FOIL, FOIA Issues and a Motion to Disqualify a Firm,” January 26, 2017
- “Step Into a More Active Role: Advice From the Courtroom and Boardroom,” November 11, 2016
- "Important Takeaways on Class-Action Claims," October 28, 2016
- “Noteworthy Reminders on Venue and Preliminary Injunction,” July 22, 2016
- "Telephone Consumer Act Action Does Not Survive Plaintiff's Death," April 22, 2016
- "Indicative Ruling Sought; Attorney Sanctions," January 29, 2016
Quoted in "Women Attorneys Look to Narrow Gender Gap," Buffalo Law Journal, November 12, 2018
Quoted in "Judges Push for Diverse Voices in Court: Standing Rules Help Young Women and Attorneys Take The Lead," ABA Journal, January 2018
Co-author of "If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR," July 2017
“Sharon Porcellio of Bond Schoeneck, On Achieving Equality for Women Attorneys in the Courtroom,” Forbes Magazine Interview, October 3, 2017
Quoted in "Proposal would ax automatic arbitration in financial industry," Buffalo Business First, May 30, 2016
"Haig Treatise a Valuable Tool for NY Commercial Litigation," Buffalo Law Journal, January 11, 2016

Other Activities

New York State AG Transition Committee, 2018-present
The Buffalo Club, Board of Directors, 2018-present
The National Deans Council for Arts, Sciences and Engineering at the University of Rochester, 2014 -present
American Lung Association of Western New York, Past Member, Board of Directors
Luminina Corporation d/b/a Hope Chest Wellness and Dragon Boat Programs, Past Member
Mount Mercy Academy, Past Vice President and Member, Board of Trustees
Northwestern University School of Law, Alumni Admissions
University of Rochester 25th Year Reunion Committee, Co-Chair