main content

Harris Beach PLLC Discover True Engagement image

People

About
  • About Harris Beach
  • Offices
  • Inclusion and Diversity
  • Community and Pro Bono
  • Lateral Opportunities
Careers
  • Careers at Harris Beach
  • Lateral Opportunities

Contact Us

Subsidiaries
  • HB Cornerstone
  • HB Solutions
  • Caetra.io
Industries
Legal Practices
Resources
Automotive and Vehicle Dealerships
Blockchain and Digital Assets
Cannabis
Construction and Surety
Education, K-12
EMS and Fire Protection Providers
Energy
Energy Industry Team
Sectors
Residential Electrical Submetering
Renewable Energy
Financial Institutions and Capital Markets
Food and Beverage
Food and Beverage Industry Team
Sectors
Nutritional Supplements
Health Care
Health Care Industry Team
Sectors
Long-Term Care
Higher Education
Industrial and Consumer Manufacturing
Medical and Life Sciences
Medical and Life Sciences Industry Team
Sectors
Long-Term Care
Nutritional Supplements
Pharmacy Law
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Real Estate Developers Industry Team
Sectors
Retail Real Estate in New York State
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems – Drones
Veterinary Medicine
  • Alternative Dispute Resolution
  • Appellate
  • Business and Commercial Litigation
  • Collections
  • Commercial Real Estate
  • Corporate
  • Cybersecurity Protection and Response
  • Diversity Compliance
  • E-Discovery (e-info℠)
  • Employee Benefits
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Financial Restructuring, Bankruptcy and Creditors’ Rights
  • Foreclosure
  • Government Compliance and Investigations
  • Immigration
  • Insurance Coverage
  • Intellectual Property
  • International Trade
  • Internet Commerce
  • Labor and Employment
  • Mass Torts and Industry-Wide Litigation
  • Political Law
  • Product Liability and Comprehensive General Liability
  • Public Finance and Economic Development
  • Residential Real Estate
  • Tax
  • Wills, Trusts and Estates
  • Insights
  • News
  • Events
  • Covid-19 Resources
Douglas Foss
D: (585) 419-8612  
dfoss@harrisbeach.com

Douglas A. Foss

  Counsel

(585) 419-8612
  dfoss@harrisbeach.com
“It’s not enough to know the law and the associated facts and risks involved in litigation. You also need to know the client because at the end of the day, the client has to be satisfied.”
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

As a leading commercial litigator, Doug focuses on partnership disputes, shareholder squeeze out litigation, contract disputes, life settlements, securities claims, eminent domain, valuation proceedings and real property tax assessment litigation. As a member of the firm’s e-discovery practice (e-info℠), he provides comprehensive document management services for both non-litigation and litigation scenarios.

Doug has served as litigation counsel for multiple clients engaged in litigation over viatical and life settlements and currently is handling multiple litigations for entities associated with Allfinancial Group.  He and other Harris Beach lawyers recently secured a $10 million judgment in the United States District Court for South Dakota with respect to a policy issued by Transamerica on the life of a Brooklyn woman.

Doug views commercial litigation as falling into two general categories – either as component of larger business strategy or as an effort to extract value from a business opportunity that will be closed out.  His experiences teach that the approaches to such disputes often differ as a result of the differing objectives, and strategy varies accordingly.  He believes that clients can maximize their return on investment in litigation only if they have a clear view of their own objectives, of the adversary and its objectives, and an early appreciation for realistic options.

Representative Matters

  • Counsel for national Greek yogurt manufacturer and its CEO, defending against derivative and other claims in Supreme Court, New York County.
  • Counsel for two partners in, and former CFO and COO of, multiple entities engaged in acquiring and restructuring businesses for resale who were squeezed out of participation by dominant shareholder and secured tax favorable liquidation of owned interests and disengagement from positions of fiduciary responsibility associated with family trusts.
  • Co-counsel for Chobani, LLC in defense of action commenced by General Mills in a federal court action in the United States District Court for the District of Minnesota alleging violations of the Lanham Act and unfair competition as a result of alleged false and misleading statements, seeking relief in the form of a permanent injunction, damages, disgorgement of profits, and recovery of costs and attorneys’ fees.
  • Co-counsel for Chobani, LLC in connection with action brought for declaratory relief and defending counterclaims for alleging false, misleading, disparaging, or deceptive statements or claims in connection with advertisements for various of its Greek Yogurt products in violation of the Lanham Act and/or New York state law.  Dannon sought relief in the form of a permanent injunction, costs, disgorgement of unlawful profits, damages allegedly incurred, attorneys’ fees and punitive damages.
  • Counsel for a real estate developer who sued counsel for malpractice in connection with development and construction of a shopping mall in the Commonwealth of Pennsylvania which resulted in a multiple seven-figure settlement.
  • Trial and appellate counsel for shareholder and officer in substantial construction businesses who brought legal malpractice claim against counsel for conflict of interest and malpractice resulting in favorable settlement during trial in upstate New York.
  • Litigated tax certiorari claim on behalf of Wheelabrator Hudson Falls LLC in Washington County, New York Supreme Court and achieved settlement effectuating multi-million dollar reduction in assessment of waste energy plant.
  • Lead counsel for manufacturer of golf equipment seeking to enforce $13 million claim for patent infringement against transferee of corporate assets in the Western District of Michigan, including pursuit of debtor into Chapter 7 Bankruptcy and multi seven-figure settlement of fraudulent transfer claims.
  • Lead counsel for industry association and independent energy supply company in combined declaratory judgment action and Article 78 proceeding and obtaining temporary restraining order and preliminary relief against the Public Service Commission of the State of New York preventing implementation of order resetting private market for natural gas and electricity.
  • Lead counsel for life settlement company and affiliated bankruptcy remote entity in enforcement of auction sale of $10 million life insurance policy in United States Bankruptcy Court for the Eastern District of New York and denial of Rule 60 motion for reconsideration based on newly discovered evidence.

Professional and Civic

  • Monroe County Bar Association, member

Recognition

  • Chambers USA, Band 3, Upstate New York – Litigation: General Commercial, since 2019
  • Best Lawyers, Commercial Litigation, since 2013
  • Super Lawyers, Business Litigation, since 2012

Legal Practices

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

Industry Teams

Automotive and Vehicle Dealerships
Food and Beverage
Photonics
Real Estate Developers

Admissions

New York

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

U.S. Court of Appeals, Second Circuit

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

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

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

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

Albany Law School

JD 
1979
cum laude

Cornell University

BA 
1976

Location

Rochester, NY Office
Insights
News
October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,
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
September 27, 2019

Harris Beach Client Awarded $12 Million in Cases Arising from Patent Infringement

Harris Beach PLLC won a $12 million final judgment for its client, Izzo Golf Inc., in a long-running patent infringement dispute that led to
January 17, 2019

Significant Eighth Circuit Ruling in Long-Running Life Settlements Case

Harris Beach Business and Commercial Litigation team has won a decisive victory in a decision issued by the Eighth U.S. Circuit Court of App
August 28, 2018

Kelly Foss and Doug Foss Quoted in Daily Record about Courtroom Technology

Harris Beach was featured in a recent article in the Daily Record of Western New York looking at the use of presentation software and techno
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
External Publications

Speaker: The Future of Commercial and Business Litigation (webinar, The Knowledge Group, 2017)

Harris Beach PLLC, Attorneys at Law, Discover True Engagement

Contact us

  • Privacy Policy
  • Legal Disclaimer
  • Site Map

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2023 Harris Beach PLLC

Twitter Facebook Linkedin Instagram
Make a Payment
MAke a Payment
TRUSTe
Harris Beach PLLC Discover True Engagement image

Douglas A. Foss

dfoss@harrisbeach.com
D: (585) 419-8612
Rochester, NY Office
Douglas Foss
https://www.harrisbeach.com/people/foss-douglas-a/

■ Areas of Expertise

Legal Practices

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

Industry Teams

Automotive and Vehicle Dealerships Industry Team
Food and Beverage Industry Team
Photonics Industry Team
Real Estate Developers Industry Team

■ Profile

As a leading commercial litigator, Doug focuses on partnership disputes, shareholder squeeze out litigation, contract disputes, life settlements, securities claims, eminent domain, valuation proceedings and real property tax assessment litigation. As a member of the firm’s e-discovery practice (e-info℠), he provides comprehensive document management services for both non-litigation and litigation scenarios.

Doug has served as litigation counsel for multiple clients engaged in litigation over viatical and life settlements and currently is handling multiple litigations for entities associated with Allfinancial Group.  He and other Harris Beach lawyers recently secured a $10 million judgment in the United States District Court for South Dakota with respect to a policy issued by Transamerica on the life of a Brooklyn woman.

Doug views commercial litigation as falling into two general categories – either as component of larger business strategy or as an effort to extract value from a business opportunity that will be closed out.  His experiences teach that the approaches to such disputes often differ as a result of the differing objectives, and strategy varies accordingly.  He believes that clients can maximize their return on investment in litigation only if they have a clear view of their own objectives, of the adversary and its objectives, and an early appreciation for realistic options.

■ Representative Matters

  • Counsel for national Greek yogurt manufacturer and its CEO, defending against derivative and other claims in Supreme Court, New York County.
  • Counsel for two partners in, and former CFO and COO of, multiple entities engaged in acquiring and restructuring businesses for resale who were squeezed out of participation by dominant shareholder and secured tax favorable liquidation of owned interests and disengagement from positions of fiduciary responsibility associated with family trusts.
  • Co-counsel for Chobani, LLC in defense of action commenced by General Mills in a federal court action in the United States District Court for the District of Minnesota alleging violations of the Lanham Act and unfair competition as a result of alleged false and misleading statements, seeking relief in the form of a permanent injunction, damages, disgorgement of profits, and recovery of costs and attorneys’ fees.
  • Co-counsel for Chobani, LLC in connection with action brought for declaratory relief and defending counterclaims for alleging false, misleading, disparaging, or deceptive statements or claims in connection with advertisements for various of its Greek Yogurt products in violation of the Lanham Act and/or New York state law.  Dannon sought relief in the form of a permanent injunction, costs, disgorgement of unlawful profits, damages allegedly incurred, attorneys’ fees and punitive damages.
  • Counsel for a real estate developer who sued counsel for malpractice in connection with development and construction of a shopping mall in the Commonwealth of Pennsylvania which resulted in a multiple seven-figure settlement.
  • Trial and appellate counsel for shareholder and officer in substantial construction businesses who brought legal malpractice claim against counsel for conflict of interest and malpractice resulting in favorable settlement during trial in upstate New York.
  • Litigated tax certiorari claim on behalf of Wheelabrator Hudson Falls LLC in Washington County, New York Supreme Court and achieved settlement effectuating multi-million dollar reduction in assessment of waste energy plant.
  • Lead counsel for manufacturer of golf equipment seeking to enforce $13 million claim for patent infringement against transferee of corporate assets in the Western District of Michigan, including pursuit of debtor into Chapter 7 Bankruptcy and multi seven-figure settlement of fraudulent transfer claims.
  • Lead counsel for industry association and independent energy supply company in combined declaratory judgment action and Article 78 proceeding and obtaining temporary restraining order and preliminary relief against the Public Service Commission of the State of New York preventing implementation of order resetting private market for natural gas and electricity.
  • Lead counsel for life settlement company and affiliated bankruptcy remote entity in enforcement of auction sale of $10 million life insurance policy in United States Bankruptcy Court for the Eastern District of New York and denial of Rule 60 motion for reconsideration based on newly discovered evidence.

■ Professional and Civic

  • Monroe County Bar Association, member

■ Admissions

  • Chambers USA, Band 3, Upstate New York – Litigation: General Commercial, since 2019
  • Best Lawyers, Commercial Litigation, since 2013
  • Super Lawyers, Business Litigation, since 2012

■ Education

Albany Law School
 ,JD
 ,1979
 ,cum laude
Cornell University
 ,BA
 ,1976

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 27, 2023 5:05 pm
Cookies
This website uses cookies as specified in our privacy policy. You consent to the use of cookies by clicking accept or by using our site. We do not sell your personal information.
.
Cookie settingsACCEPT
Manage cookies

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT