Joel A. Blanchet, Phillips Lytle Partner

Joel A. Blanchet

Partner
Buffalo, New York City
(716) 847-7050
jblanchet@phillipslytle.com
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Mr. Blanchet focuses his practice in the area of business litigation, representing large and mid-size companies in state and federal courts across the country. He has a broad range of litigation expertise that spans a variety of industries. Mr. Blanchet’s background includes litigation relating to toxic tort liability, complex financial transactions, mergers and acquisitions, securities, intellectual property, bankruptcy, and investigative and regulatory matters. Prior to joining Phillips Lytle, Mr. Blanchet was a partner in Kirkland & Ellis LLP’s litigation department for over 10 years.

Admitted to Practice

  • Illinois
  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York

Honors & Awards

  • Legal Services of NYC, Outstanding Contribution to Pro Bono, Honoree
  • Recommended by The Legal 500 United States
  • Named New York Metro Super Lawyers® Rising Star

Education

  • University of Illinois College of Law, J.D., magna cum laude, 1998
  • Canisius College, B.A., magna cum laude, 1995

Professional Associations

  • American Bar Association
    • Dispute Resolution Section
    • Litigation Section
  • Bar Association of Erie County
  • New York State Bar Association
    • Commercial & Federal Litigation Section
    • Trial Lawyers Section

REPRESENTATIVE MATTERS

Commercial

  • OIL v. The Dow Chemical Company, Counsel to Dow in litigation with Gulf South Pipeline Company, LP relating to a natural gas leak that occurred in Napoleonville, Louisiana. Won summary judgment on over $100 million in damage claims while recovering substantial (confidential) amounts on counterclaims.
  • Bridgeview Aerosol, LLC v. Black Flag Brands, LLC, Counsel to Black Flag in dispute with supplier over alleged defect in the manufacturing of pest-control products. Complete victory after arbitration.
  • Randolph, et al. v. Cardinal Logistics Management, Inc., et al., Counsel for Cardinal Logistics in breach of contract jury trial in Winston-Salem, North Carolina. Case settled on favorable terms at break in cross examination of Plaintiff’s expert.
  • Hobart Corporation v. Ohio Metal Products, Counsel to Hobart in case against supplier of components for Hobart’s garbage disposal units. Faulty components caused Hobart to institute nationwide retrofit. Case settled on favorable terms on the eve of trial.
  • In re Confidential Mediation, Counsel to Fortune 100 Company in dispute with supplier over defective controller chips that led to worldwide recall. Secured substantial settlement for client prior to commencement of litigation.
  • CMF Cayman LTD v. Heckler & Koch Beteiligungs GMBH, Counsel to small arms manufacturer in contract action in which lenders sought to accelerate over $120 million in loans. Secured motion to dismiss with prejudice.
  • In re Confidential Non-Compete Dispute, Counsel to Fortune 100 Company in non-compete dispute with executive. Complete victory for client when competing business rescinded employment offer.
  • The Dow Chemical Company v. Fireman’s Fund, et al., Counsel to Dow in case against insurance carriers to recover costs related to environmental remediation conducted at various sites around the globe. Case settled on favorable terms.

Tort

  • In re Horsepower Litigation, Counsel to Briggs & Stratton Corporation in nationwide multi-district class-action consumer-fraud lawsuits. Plaintiffs alleged an industry-wide conspiracy to misrepresent the horsepower of lawn mower engines and sought certification of over 50 separate classes. All cases settled on favorable terms before commencement of discovery.
  • In re Oil Spill by the Oil Rig “Deepwater Horizon” in Gulf of Mexico on April 20, 2010, Counsel to BP in various matters related to the Deepwater Horizon accident and oil spill.
  • June v. Union Carbide Company, Counsel to Union Carbide Company in case alleging client caused mass bodily injury over a period of 50-plus years. Secured summary judgment or dismissal of each of the claims of the more than 200 plaintiffs who filed suit. Judgment affirmed in its entirety by the Tenth Circuit Court of Appeals.
  • McCracken v. Union Carbide Company, et. al., Counsel to Dow and Union Carbide in a series of matters that revolved around claims that Union Carbide’s activities with uranium caused thyroid cancer. All claims favorably resolved without settlement.
  • In re Chemical Release at Bogalusa, Counsel to Gaylord Chemical Corporation in multiple lawsuits seeking damages in Mississippi and Louisiana for personal and economic injuries related to a railcar explosion and subsequent release of toxic gas. Cases resolved on terms favorable to client.

M&A/Securities Litigation

  • Rohm and Haas v. The Dow Chemical Company, Counsel for Dow in lawsuit alleging Dow breached merger agreement to acquire Rohm and Haas for $15 billion in cash plus other consideration. Case settled on first day of trial for reduction in cash consideration to be paid by Dow.
  • Norfolk County Retirement System v. Community Health Systems, Inc., et al., Counsel for Community Health in consolidated matters in which Plaintiffs seek class certification and allege CHS artificially inflated stock prices through the use of improper inpatient admission policies.
  • Plumbers & Pipefitters v. Smith, et al., Counsel for Community Health in multiple shareholder derivative actions alleging breach of fiduciary duty and other claims arising out of Community Health’s inpatient admission practices.
  • Tenet v. Community Health Systems, Inc., Complete dismissal of securities fraud and other claims filed by target company following a hostile offer.
  • In re Confidential SEC Investigation, Counsel to Fortune 100 Company in company-wide investigation relating to revenue recognition policies and practices.

Intellectual Property

  • Nilssen v. Osram Sylvania, Inc., Counsel to Osram Sylvania, Inc. in inequitable conduct defense in patent infringement suit. Court held fifteen of plaintiff’s patents unenforceable and ordered plaintiff to pay Osram over $6.1 million in fees and costs.
  • Citadel Investment Group LLC v. Malysahev, Counsel for Citadel in two-week arbitration with former partner who left to start competing high-frequency trading hedge fund.
  • Vision Point of Sale v. Haas, Counsel for Legacy Technology Services in trade-secret trial with competitor in state court in Cook County, Illinois. Case ended in complete victory for client.
  • Amkor v. Motorola, Counsel to Motorola in breach of contract case related to assignment of patent rights.
  • Procter & Gamble v. Stoneham, Represented President of Alberto-Culver International in two-week trial in Ohio state court. Plaintiffs sought to enforce non-compete covenant and prosecute trade secret claims. Plaintiffs’ case was dismissed in its entirety at the close of its case.
  • Siemens Building Technologies, Inc. v. Moceri, at al., Counsel to Siemens against several former top executives for breach of confidentiality provisions and theft of trade secrets. All matters resolved on terms favorable to client.

Bankruptcy

  • In re UAL et al., Counsel in U.S. Bankruptcy Court, Northern District of Illinois, for United Airlines in dispute over enhanced equipment trust certificates. Favorable settlement.
  • In re Tower Automotive, Counsel to Tower Automotive in Section 1113/1114 trial in U.S. Bankruptcy Court, Southern District of New York. The trial involved Tower’s efforts to reject several collective-bargaining agreements with various unions. The case settled on favorable terms at completion of trial.

Investigation/Regulatory

  • In re Confidential Investigation, Counsel to Fortune 100 Company in company-wide investigation relating to revenue recognition policies and practices.
  • State of Connecticut Consumer Fraud Investigation, Counsel to large public company in investigation instituted by the State of Connecticut relating to client’s marketing practices.
  • In re Unisource Worldwide Garnishment Action, Counsel to Unisource Worldwide in Southern District of New York related to various writs of garnishment served on it for property belonging to foreign suppliers.
  • In re The Dow Chemical Company, Madison County, Counsel to Dow in investigation instituted by the National Institute for Occupational Safety and Health relating to Dow’s historical operations in Madison, Illinois.

Past Activities

  • University of Illinois Law Review, Associate Editor