A detail-oriented advocate who keeps clients’ business and financial needs top of mind, Tristan provides corporations, owners and officers with trial and appellate counsel for high-stakes disputes and in managing crisis response.
Tristan’s cases put him in close contact with the real estate, construction, manufacturing, consumer products and legal cannabis industries. Within these industries, he focuses on environmental disputes, trade secret litigation and litigation involving noncompetes and nonsolicits. For environmental disputes, Tristan represents regulated energy companies and utilities, real estate developers and others in cases involving federal preemption of state permitting denials, brownfield issues, and air and water contaminants. Tristan’s trade secret and restrictive covenant litigations involve pharmaceutical technologies and confidential information, food and beverage manufacturing, insurance brokerage, veterinary medicine, and entertainment marketing and marketing analytics.
Tristan also has substantial experience in shareholder and corporate governance disputes for multiple clients, such as law firms, financial institutions, manufacturers and real estate companies. Having represented both majority and minority shareholders, as well as being counsel to court-appointed receivers and referees, Tristan understands the most effective ways to handle these cases and how to present winning strategies to judges.
Named Upstate New York Super Lawyers® Rising Star, 2016-2024
Education & Admissions
Education
University of Maine School of Law, J.D., 2009
Alfred University, B.A., cum laude, 2006
Admitted to Practice
New York
Massachusetts
U.S. District Court, District of Massachusetts
U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
Experience
Commercial Litigation
Kinex Pharmaceuticals, Inc. v. Dyster et al: Represented global cancer-drug developer in billion dollar claims of trade secret misappropriation and breach of fiduciary duty against one of the company’s founders and a major competitor. Case settled on favorable terms against all defendants.
FLAX vs. Dr. Flax: Represented a leading fashion designer in trademark infringement litigation. Complete victory and obtained permanent injunction.
Kasselman Electric vs. Albany Convention Center Authority: Represented the owner of a major convention center in a multimillion dollar construction delay and breach of contract litigation.
Corning Hospital System vs. Realstone: Represented the manufacturer of architectural building stone in defense of a product liability lawsuit. Obtained favorable settlement after moving to dismiss.
Paoli v. Vivint Solar: Represented national solar panel provider in commercial litigation. Case settled favorably after discovery.
Canterbury Woods vs. Gates Circle Holdings: Counsel to continuing care retirement community in case involving New York State Brownfield Tax Credits. Obtained summary judgment and seven-figure interlocutory money judgment.
Siemens Industry, Inc. v Evoqua Water Technologies: Counsel to Siemens in breach of contract and product liability litigation.
Energy Litigation
Fuentes and all other similarly situated vs. SFE Energy Massachusetts, Inc.: Represented Massachusetts commercial energy supplier in consumer protection class action. Case settled favorably and avoided class certification.
In re: Utility Expense Reduction, Inc.: Represented Massachusetts commercial energy supplier before the Massachusetts Office of Inspector General.
In re: NOCO Energy Corporation: Represented energy company in numerous lawsuits.
Environmental Litigation
Medaille College vs. PVS Chemicals: Counsel to the College in case involving sulfur dioxide emissions, nuisance, and violations of the Clean Air Act Title V Permitting Program and the National Ambient Air Quality Standards (“NAAQS”).
Labor & Employment Litigation
Panaro v. Athenex, Inc.: Trial counsel to global cancer-drug developer in breach of fiduciary duty, breach of contract, and wage and hour matter.
Cannabis
Sound Wellness, LLC v. Castetter Sustainability Group, Inc.: Counsel to industrial hemp and Cannabidiol producer in breach of contract litigation.
Co-Presenter, “Navigating the Effects of a Business Dispute or Dissolution,” Phillips Lytle Breakfast Briefing Webinar, March 2023
Panelist, “Do You Want to Own a Cannabis Business?,” “Exploring Business and Job Opportunities in the NY Cannabis Industry,” Virtual Seminar, Cannabis Career Institute Online, February 2022
Moderator, “Cannabis: Opportunities Abound for Future Business Growth,” Albany Business Review, Buffalo Business First, and the Rochester Business Journal State of the Region Webinar, May 2021
Moderator, “Cannabis: Strategies for Tackling the Developing Landscape of the Hemp/Cannabis Marketplace,” Buffalo Business First State of the Region Breakfast, October 2019
Activities & Professional Associations
Present Activities
American Bar Association, Commercial & Business Litigation Committee, Newsletter Editor
Past Activities
Compeer, Board of Directors
Saint Francis High School, Alumni Board of Directors
Orchard Park Chamber of Commerce, Board of Directors
Buffalo Niagara Partnership BN360, Advisory Board
Professional Associations
American Bar Association
Business Law Section
Litigation Section
Environmental & Energy Litigation Committee
Bar Association of Erie County
Commercial Litigation and Bankruptcy Law Committee
New York State Bar Association
Commercial and Federal Litigation Section
Trial Lawyers Section
New York Cannabis Growers and Processors Association
Co-Author, “The State of Cannabis in New York,” Rochester Business Journal, January 2022
Co-Author, “Cannabis Update: Hemp Applications Take Shape,” Buffalo Business First, February 2021
Co-Author, “New York State Hemp Businesses Must Plan for 2021 Regulations,” Rochester Business Journal, January 2021
Co-Author, “ADR Insight: Attorneys’ Fees Must Be Addressed in New York State-Governed Arbitration Provisions,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, July 2020
Co-Author, “Key Lessons For Hemp Cos. From Recent NY Federal Cases,” Law360, January 2020
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