Joseph J. Porcello

With over a decade of global law firm experience, Joe helps business clients resolve complex commercial disputes. He has served as lead counsel in many successful litigated matters in federal and state courts. Outside of the courtroom, Joe has helped his clients successfully and efficiently resolve disputes through mediation and other alternatives to traditional litigation. He represents major corporations, closely-held and family-owned companies, hospitals, and individuals with respect to high-stakes and business-critical matters. Joe handles matters in a wide variety of areas, including contract disputes, false advertising/unfair competition, trademark and brand protection, product liability, insurance coverage, and labor and employment.

In addition to his dispute resolution work, Joe leads Bousquet Holstein’s Winery and Vineyards practice, which serves the legal needs of clients throughout the Finger Lakes and other grape-growing areas of New York. For winery clients, Joe’s practice focuses on trademarks and branding, commercial agreements, and insurance matters.

Contract and Other Commercial Disputes

  • Successfully resolved $20M+ dispute between multinational company client and a key strategic customer, involving complex technology, through pre-litigation mediation. Counseled senior business executives with respect to the parties’ contractual relationship going forward and strategies to avoid future disputes, mitigate liability, and position the company for productive future dealings.
  • Represented major multinational company as lead trial counsel in breach of contract/warranty case relating to sophisticated technology in federal court.
  • Successfully defended hospital client against breach of contract and fraud claims brought by former radiology group.
  • Advised executives of food products company regarding force majeure and other excuses for non-performance under critical contracts as to COVID-19 pandemic and related government measures.
  • Represented industrial development agency in major commercial litigation relating to shopping center development, including associated eminent domain valuation proceedings.
  • Obtained favorable settlements for hospital client in litigation with physicians regarding proper payee of significant funds paid by medical malpractice insurer in connection with demutualization.

Brand Protection and Marketing/Advertising

  • Counseled winery client regarding its efforts to re-brand a newly acquired vineyard and winery in the Finger Lakes region of New York.
  • Represented innovative fresh food products company with respect to trademark and brand protection matters relating to new product lines.
  • Resolved trademark disputes, including federal court infringement claims, through negotiation of co-existence agreements.
  • Successfully defended energy industry client against unfair competition and false advertising claims in federal court.  Settled for small fraction of claimed damages.
  • Designed successful strategy for rapid response to false advertising campaign of building products client’s chief competitor, including preliminary injunction proceedings.
  • Secured early dismissal of significant false advertising claims against pet food manufacturer client, which was affirmed by the Sixth Circuit on appeal.

Labor and Employment

  • Successfully defended hospital client in employment litigation brought by former physician employee for alleged wrongful termination.  After successful summary judgment motion, secured favorable settlement and release.
  • After winning temporary restraining order, obtained favorable settlement for school district administrator client in Article 78 action contesting wrongful termination of client and improper abolishment of her position.
  • Advised consumer electronics company regarding various state and federal labor and employment issues, including with respect to employee performance, discipline, and termination.

Insurance Coverage

  • Reversed denial of coverage and negotiated substantial insurer defense costs funding for healthcare industry client.
  • Represented power management company in significant toxic tort-related insurance coverage actions pending in Ohio state court and Wisconsin federal court.
  • Negotiated resolution of a significant property damage / business interruption insurance coverage dispute, for full value of claim plus attorney’s fees, reversing original denial of coverage.  Counseled client CFO through comprehensive accounting to document losses and maximize recovery.

Background

Prior to joining Bousquet Holstein, Joe was Counsel in the Pittsburgh office of a top global law firm. Since returning to Central New York with his family in 2018, Joe joined the board of directors of the Hal Welsh East Area Family YMCA and remains active in that organization. Outside of work, Joe enjoys spending time with his wife and kids, hiking, and planning the family’s next travel adventure.

Affiliations And Acknowledgements

  • Chatham Baroque – Pittsburgh, PA, Executive Committee – Board of Directors
  • Super Lawyers Rising Star in 2017

Community Involvement

Hal Welsh East Area Family YMCA, Board Member

Education

Juris Doctor, University of Pittsburgh School of Law, Pittsburgh, PA, magna cum laude
Bachelor of Arts – James Madison University, Harrisonburg, VA, magna cum laude

Admissions

Pennsylvania
New York
Texas



    Please check that you have entered a valid email address.

    Please verify you have entered a valid phone number.