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David Edwards
D: (585) 419-8714  
dedwards@harrisbeach.com

David J. Edwards

  Member

Industry Team Leader -  
Construction and Surety
(585) 419-8714
  dedwards@harrisbeach.com
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Dave handles a broad range of disputes in state and federal courts, focusing on commercial disputes, construction litigation, intellectual property disputes, including patent and trade dress infringement, surety defense, insurance coverage disputes and product liability matters.  He represents clients across many industries, including accounting, agricultural, electrical components, liquor distributors, photographic, mining, printing and sporting goods, as well as mall developers and builders.  He successfully represents a number of municipalities whose actions and decisions have been challenged in the courts.

Representative Matters

  • Hayton Farms, Inc., et al. v. Pro-Fac Cooperative, Inc., et al. (New York State Supreme Court):  Obtained the dismissal of derivative action challenging business practices of the Board of Directors over a ten year period.
  • In the matter of the Voluntary Dissolution of Pro-Fac Cooperative, Inc. (New York State Supreme Court):  Successfully defended against claims by 17 former members of one of the largest and oldest growers cooperatives in the United States challenging the essential business model and decisions of its Board of Directors relating to its planned liquidation and dissolution.
  • Leo J. Roth Corporation v. Trademark Development Co. Inc. et al. (New York State Supreme Court): Obtained judgment for an HVAC subcontractor against the developer and general contractor of two construction projects the defendants alleged were not built in accordance with New York State Energy Research and Development Authority (NYSERDA) standards and successfully defended the result on appeal reported at 90 A.D. 3d 1579, 935 N.Y.S.2d 780 lev. denied 92 A.D.3d 1269 (2012).
  • Wiljeff, LLC v. United Realty Management Corp. (New York State Supreme Court): Obtained judgment for owner of mixed use university housing and commercial complex against its former management company establishing a “for cause” material breach of the management agreement and successfully defended the result on appeal reported at 82 A.D.3d 1616, 920 N.Y.S.2d 495 (2011).
  • Rochester-Genesee Regional Transportation Authority v. Hynes-Cherin (U.S. District Court, Western District of New York):  Successfully challenged the FTA’s determination ordering the transportation authority to cease providing subsidized bus services to school students as reported at 531 F.Supp.2d 494.
  • Pittsford Plaza Company L.P. v. TLC West LLC: Successfully prosecuted a declaratory judgment action against a commercial tenant who was seeking to enforce lease provisions in a bid to block the redevelopment of the plaza and construction of a Cheesecake Factory restaurant.
  • KATEL LLC v. Kyrgytelecom (International Centre for Dispute Resolution 2006): Counsel to Kyrgyzstani-American telecommunications venture resulting arbitration award of 1.2 million for defendant’s breach of contract.
  • Rushing vs. NexPress Solutions Inc. (U.S. District Court): Defended digital printer manufacturer in patent infringement action and prosecuted counterclaims for misappropriation of intellectual property.
  • Frontier-Kemper Constructors, Inc. et al. vs. American Rock Salt Company LLC (U.S. District Court): Defended owners of a salt mine against $37 million claim brought by general contractor, resulting in dismissal of punitive damages claim and all other claims not related to contractor’s claims for extra work. (See 224 F. Supp. 2d 520)  Briefed and argued the summary judgment motion relating to claim to collect $4 million in liquidated damage insurance proceeds from third-party defendant reported at 2005 WL 3018720 (W. D. N. Y.).
  • Amesbury Group Inc. vs. The Caldwell Manufacturing Co. (U.S. District Court, Massachusetts): Defended window component manufacturer in patent infringement action. The matter was resolved successfully after obtaining the inventor’s deposition under the laws of the United Kingdom.
  • Honeywell International Inc.et al. vs. Apple Computer Inc., et al.(U.S. District Court):  Defense of Eastman Kodak Co. in patent infringement case involving liquid crystal displays in digital still cameras. Successfully moved to have the litigation stayed against Kodak as well as numerous other co-defendants which joined in Kodak’s motion.
  • Eber Bros.Wine and Liquor Corp. vs. Allied Domecq Spirits & Wine USA Inc., Chamer Industries, Inc., et. al. (U.S. District Court): Prosecuted claims for breach of supply agreements and anti-competitive activity, which were settled resulting in an extension of client’s rights under supply agreements.
  • Solaia Technology LLC vs. Arvinmeritor, Inc. et al. (U.S. District Court):  Defended Eastman Kodak Company against patent infringement claims involving Programmable Logic Controllers.
  • Faster Form Corp. vs. Portney and Royal Imports (U.S. District Court): Successful prosecution and settlement of trade dress infringement.
  • Ivoclar Vivadent, Inc. and Lasermed, Inc., Dental Curing Light Litigation (U.S. District Court): Member of the team of Harris Beach attorneys who successfully prosecuted patent infringement claims against a number of companies’ infringing products.
  • Carmon vs. Guardian Industries Corp, et al. (U.S. District Court): Member of the team of Harris Beach attorneys who obtained summary judgment in plaintiff’s Labor Law § 240 action resulting in $17.9 million settlement.
  • Nimeh vs. Nimeh (New York State Supreme Court): Sole counsel in obtaining $1.2 million judgment, including an award for punitive damages, for the victim of a head injury.

Professional and Civic

  • American Intellectual Property Law Association, member
  • Monroe County Bar Association, member

Recognition

  • Super Lawyers, Business Litigation, 2010 – 2019
  • Best Lawyers, Commercial Litigation, since 2013

Legal Practices

Business and Commercial Litigation
E-Discovery (e-info℠)

Industry Teams

Construction and Surety
Real Estate Developers

Admissions

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

George Washington University Law School

JD 
1993

College of the Holy Cross

BA 
1990

Location

Rochester, NY Office
Insights
August 3, 2020

New York Gov. Cuomo Signs Bill Extending Child Victims Act Deadline for Filing Claims

On Aug. 3, 2020, Gov. Andrew Cuomo signed a one-year extension of the deadline for filing claims under the Child Victims Act, the law that t
News
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
August 15, 2018

63 Harris Beach Attorneys Named to Best Lawyers® List

A total of 63 attorneys from Harris Beach PLLC have made the 2019 edition of The Best Lawyers in America, the oldest guide of its kind in th
Events
November 15, 2021

Dave Edwards to Present at 2021 CAASNY Winter Meeting

Dave Edwards will present on a panel during the 2021 CAASNY Winter Meeting being held on December 6. His session will run from 2:00 – 2:50 p
January 31, 2019

Harris Beach Sponsoring Bonadio Construction Summit

Harris Beach attorneys will be presenting “Construction Contract Law, Managing Your Risk and Claim Avoidance” which will cover indemnificati
External Publications
All Insights, All Publications, Covid-19, Legal Alert |
 August 3, 2020
New York Gov. Cuomo Signs Bill Extending Child Victims Act Deadline for Filing Claims
On Aug. 3, 2020, Gov. Andrew Cuomo signed a one-year extension of the deadline for filing claims under the Child Victims Act, the law that t...read more
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David J. Edwards

dedwards@harrisbeach.com
D: (585) 419-8714
Rochester, NY Office
David Edwards
https://www.harrisbeach.com/people/edwards-david-j/

■ Areas of Expertise

Legal Practices

Business and Commercial Litigation Legal Practice
E-Discovery (e-info℠) Legal Practice

Industry Teams

Construction and Surety Industry Team
Real Estate Developers Industry Team

■ Profile

Dave handles a broad range of disputes in state and federal courts, focusing on commercial disputes, construction litigation, intellectual property disputes, including patent and trade dress infringement, surety defense, insurance coverage disputes and product liability matters.  He represents clients across many industries, including accounting, agricultural, electrical components, liquor distributors, photographic, mining, printing and sporting goods, as well as mall developers and builders.  He successfully represents a number of municipalities whose actions and decisions have been challenged in the courts.

■ Representative Matters

  • Hayton Farms, Inc., et al. v. Pro-Fac Cooperative, Inc., et al. (New York State Supreme Court):  Obtained the dismissal of derivative action challenging business practices of the Board of Directors over a ten year period.
  • In the matter of the Voluntary Dissolution of Pro-Fac Cooperative, Inc. (New York State Supreme Court):  Successfully defended against claims by 17 former members of one of the largest and oldest growers cooperatives in the United States challenging the essential business model and decisions of its Board of Directors relating to its planned liquidation and dissolution.
  • Leo J. Roth Corporation v. Trademark Development Co. Inc. et al. (New York State Supreme Court): Obtained judgment for an HVAC subcontractor against the developer and general contractor of two construction projects the defendants alleged were not built in accordance with New York State Energy Research and Development Authority (NYSERDA) standards and successfully defended the result on appeal reported at 90 A.D. 3d 1579, 935 N.Y.S.2d 780 lev. denied 92 A.D.3d 1269 (2012).
  • Wiljeff, LLC v. United Realty Management Corp. (New York State Supreme Court): Obtained judgment for owner of mixed use university housing and commercial complex against its former management company establishing a “for cause” material breach of the management agreement and successfully defended the result on appeal reported at 82 A.D.3d 1616, 920 N.Y.S.2d 495 (2011).
  • Rochester-Genesee Regional Transportation Authority v. Hynes-Cherin (U.S. District Court, Western District of New York):  Successfully challenged the FTA’s determination ordering the transportation authority to cease providing subsidized bus services to school students as reported at 531 F.Supp.2d 494.
  • Pittsford Plaza Company L.P. v. TLC West LLC: Successfully prosecuted a declaratory judgment action against a commercial tenant who was seeking to enforce lease provisions in a bid to block the redevelopment of the plaza and construction of a Cheesecake Factory restaurant.
  • KATEL LLC v. Kyrgytelecom (International Centre for Dispute Resolution 2006): Counsel to Kyrgyzstani-American telecommunications venture resulting arbitration award of 1.2 million for defendant’s breach of contract.
  • Rushing vs. NexPress Solutions Inc. (U.S. District Court): Defended digital printer manufacturer in patent infringement action and prosecuted counterclaims for misappropriation of intellectual property.
  • Frontier-Kemper Constructors, Inc. et al. vs. American Rock Salt Company LLC (U.S. District Court): Defended owners of a salt mine against $37 million claim brought by general contractor, resulting in dismissal of punitive damages claim and all other claims not related to contractor’s claims for extra work. (See 224 F. Supp. 2d 520)  Briefed and argued the summary judgment motion relating to claim to collect $4 million in liquidated damage insurance proceeds from third-party defendant reported at 2005 WL 3018720 (W. D. N. Y.).
  • Amesbury Group Inc. vs. The Caldwell Manufacturing Co. (U.S. District Court, Massachusetts): Defended window component manufacturer in patent infringement action. The matter was resolved successfully after obtaining the inventor’s deposition under the laws of the United Kingdom.
  • Honeywell International Inc.et al. vs. Apple Computer Inc., et al.(U.S. District Court):  Defense of Eastman Kodak Co. in patent infringement case involving liquid crystal displays in digital still cameras. Successfully moved to have the litigation stayed against Kodak as well as numerous other co-defendants which joined in Kodak’s motion.
  • Eber Bros.Wine and Liquor Corp. vs. Allied Domecq Spirits & Wine USA Inc., Chamer Industries, Inc., et. al. (U.S. District Court): Prosecuted claims for breach of supply agreements and anti-competitive activity, which were settled resulting in an extension of client’s rights under supply agreements.
  • Solaia Technology LLC vs. Arvinmeritor, Inc. et al. (U.S. District Court):  Defended Eastman Kodak Company against patent infringement claims involving Programmable Logic Controllers.
  • Faster Form Corp. vs. Portney and Royal Imports (U.S. District Court): Successful prosecution and settlement of trade dress infringement.
  • Ivoclar Vivadent, Inc. and Lasermed, Inc., Dental Curing Light Litigation (U.S. District Court): Member of the team of Harris Beach attorneys who successfully prosecuted patent infringement claims against a number of companies’ infringing products.
  • Carmon vs. Guardian Industries Corp, et al. (U.S. District Court): Member of the team of Harris Beach attorneys who obtained summary judgment in plaintiff’s Labor Law § 240 action resulting in $17.9 million settlement.
  • Nimeh vs. Nimeh (New York State Supreme Court): Sole counsel in obtaining $1.2 million judgment, including an award for punitive damages, for the victim of a head injury.

■ Professional and Civic

  • American Intellectual Property Law Association, member
  • Monroe County Bar Association, member

■ Admissions

  • Super Lawyers, Business Litigation, 2010 – 2019
  • Best Lawyers, Commercial Litigation, since 2013

■ Education

George Washington University Law School
 ,JD
 ,1993
College of the Holy Cross
 ,BA
 ,1990

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 28, 2023 11:55 am
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