Amanda L. Lowe

Partner Buffalo

A seasoned litigator and trial attorney, Amanda helps clients protect and preserve their interests in complex business, health care, employment, fiduciary, and trust and estate controversies.

As co-leader of Phillips Lytle’s Higher Education Team, Amanda serves as a chief legal advisor to educational institutions and affiliated entities on both overall strategic initiatives and day-to-day operations. With expertise in representing higher education institutions, she regularly counsels clients regarding board governance, compliance, labor and employment matters, internal investigations (including Title VII and Title IX), student affairs and conduct, housing policies and risk management.

As a member of the Labor and Employment Practice Team, Amanda represents both public and private employers regarding a full range of employment matters, including discrimination, harassment and wrongful termination suits, restrictive covenant litigation, wage and hour compliance, internal investigations, whistleblower matters and counseling, and litigation avoidance.

Her practice also extends to representing a variety of fiduciaries (including banks, trust companies, trustees, guardians, executors and administrators) and beneficiaries (including individuals and charitable organizations) in disputed matters involving estates, trusts, guardianships, powers of attorney, accountings, fraudulent transfers, commissions and surcharges/fees.

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Honors & Awards

  • Selected for the Upstate New York Super Lawyers® list, 2020-2023
  • Listed in The Best Lawyers in America®
  • Named Upstate New York Super Lawyers® Rising Star, 2016-2019
  • Honoree of the New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2014, 2017-2018
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Education & Admissions

Education
  • State University of New York at Buffalo Law School, J.D., cum laude, 2008
  • State University of New York at Buffalo, B.A., summa cum laude, 2005
Admitted to Practice
  • New York
  • Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Federal Claims

Experience

Education
  • Acted as outside investigator for various educational institutions, involving allegations pursuant to Title IX, Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), New York State Human Rights Law (HRL), Equal Pay Act (EPA)/pay disparity, whistleblower and code of conduct violations, including investigations into:
    • A university vice president for alleged violation of the university’s non-discrimination policy.
    • A university’s pay policy regarding potential wage disparity.
    • A faculty member’s alleged sexual harassment of a student employee pursuant to Title IX and Title VII.
    • Sexually explicit comments made by a faculty member during class.
    • A faculty member’s alleged inappropriate relationship with a student.
    • Claims of misconduct between students attending different universities.
    • A faculty member’s alleged improper use of university equipment and devices to print or distribute pornography.
    • An admission officer’s alleged sexual harassment of a student and co-worker.
  • Assisted university officials in investigating and terminating faculty members “for cause” (i.e., violations of university policies), including internal grievance procedures and subsequent arbitrations and/or litigation.
  • Advised and worked with title coordinators, hearing officers and appeal boards on various topics, including weighing of evidence and standards of proof, best practices for investigations, reporting criteria and sanction considerations.
  • Defended against Office for Civil Rights investigations for alleged Title IX violations.
  • Successfully defended a Title IX adjudicator in federal court, dismissing all claims against her filed by a former student.
  • Assisted university officials in investigating and terminating faculty members “for cause” (i.e., violations of university policies), including internal grievance procedures and subsequent arbitrations and/or litigation.
  • Adjudicated numerous complaints against faculty members involving sexual harassment, including drafting sanctions, all while following the faculty handbook’s and/or collective bargaining agreement’s requirements.
  • Drafted and revised internal investigation policies and procedures at various colleges and universities.
  • Acted as chair of various review boards, adjudicating numerous alleged violations of Title IX, sexual misconduct, and/or university code of conduct.
Labor & Employment
  • Obtained a defense verdict before the NYS Division of Human Rights regarding allegations of disability discrimination and retaliation against a large construction company.
  • Successfully defended a physician against claims of discrimination, retaliation, and/or wrongful termination in NYS Supreme Court.
  • Implemented and oversaw over 100 equal employment opportunity (EEO) investigations for a national employer.
  • Obtained dismissal from the U.S. Department of Labor of a former employee’s retaliation and wrongful termination claims under the anti-retaliation provisions of the Clean Air Act.
  • Assisted with Early Retirement Incentive Program (ERIP) and Worker Adjustment and Retraining Notification (WARN) drafting and implementation to reorganize a multistate employer, resulting in significant savings (and risk avoidance) for the employer.>
  • Successfully defended a medical office and medical administrator before the NYS Division of Human Rights against claims of race discrimination and/or retaliation for making an internal complaint.
  • Successfully defended a medical group accused of violations of Family and Medical Leave Act (FMLA) and ADA (failure to accommodate) before the Equal Employment Opportunity Commission (EEOC).
  • Obtained dismissal of racial discrimination claims in NYS Supreme Court in a lawsuit against a church.
Trust & Estate Litigation
  • Successfully represented a Guardian ad Litem in litigation against an executor for failure to follow the terms of a will, resulting in establishment of a generation-skipping trust for the benefit of the guardian’s ward.
  • Represented beneficiaries against a fiduciary, resulting in the court compelling the fiduciary to make mandatory partial distributions to the beneficiaries.
  • Successfully represented a nominated executor in a probate contest, defeating claims of undue influence and lack of capacity of the testator.
  • Defended an international financial institution against allegations of breach of fiduciary duty, conflict of interest and failure to account.
  • Successfully petitioned for confirmation of the removal of a trustee for breach of his fiduciary duties.
  • Successfully achieved judicial approval of trustee’s contested accounting, which was affirmed on appeal, and obtained an order requiring partial repayment of the trustees’ fees from the trust beneficiaries.
  • Represented a Guardian ad Litem in a kinship proceeding involving $10 million in estate assets.
  • Successfully compelled numerous accountings by neglectful fiduciaries.
  • Obtained a favorable arbitration decision regarding valuation of decedent’s interest in a closely-held business.
  • Successfully prosecuted will construction (or interpretation) proceeding involving power of appointment.
  • Obtained a negotiated resolution against a fiduciary for misconduct, including conflicts of interest, failure to marshal assets, self-dealing, waste of assets, and failure to account and distribute for over 10 years.
Business Litigation
  • Successfully represented a national research institute involving destruction and theft of data and research materials, including obtaining an injunction against a former employee and negotiated return of company’s electronic data.
  • Defended a former financial advisor accused of violating a non-compete, non-solicitation agreement, resulting in an initial dismissal of the case and negotiated agreement to terminate the restrictive covenants.
  • Successfully represented a physician against his insurance carriers for their bad faith failure to defend and resolve a claim within his policy limits.
  • Obtained dismissal of a Child Victims Act case against a not-for-profit corporation based on corporate status at the time of the alleged incident.
  • Obtained voluntary dismissal by a plaintiff of its $4 million breach of claim against an international security systems corporation after filing for summary judgment.
  • Successfully defended a boutique luxury jewelry firm against claims of tortious interference brought by a national diamond dealer, and successfully prosecuted breach of contract claims against the same dealer for failure to pay for merchandise.
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Speaking Engagements

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  • Presenter, “AI in the Workplace: Navigating the Legal Frontier,” Buffalo Niagara Human Resources Association (BNHRA), June 2023
  • Mentor, Bizwomen Mentoring Monday 2023, Buffalo Business First, February 2023
  • Presenter, “Internal Workplace Investigations,” 2022 Lumsden McCormick Exempt Organizations Conference, December 2022
  • Presenter, “Internal Workplace Investigations,” Phillips Lytle Labor & Employment Law Seminar, October 2022
  • Speaker, “Cybersecurity – Financial Exploitation Among the Elderly,” Financial Planning Counselors of WNY, May 2022
  • Mentor, Bizwomen Mentoring Monday 2022, Buffalo Business First, February 2022
  • Presenter, “Leaves Under the COVID-19 Era,” Phillips Lytle Labor & Employment Law Seminar, October 2021
  • Presenter, “Legal Update,” Buffalo Niagara Human Resource Association (BNHRA), June 2021
  • Presenter, “Employee Expression – In and Outside the Workplace,” Phillips Lytle Labor & Employment Law Spring Seminar, April/May 2019
  • Presenter, “Sexual Harassment Prevention: Train The Trainer” Phillips Lytle Webinar, February 2019
  • Moderator, “How Will Education Supply Meet Business Demand?” Buffalo Business First, State of the Region Seminar, September 2018
  • Presenter, “Diversity, Inclusion and Elimination of Bias,” Phillips Lytle Labor & Employment Law Seminar, April 2018
  • Presenter, “Conducting SCPA 1404 Discovery,” NYSBA CLE Event, October 2017
  • Presenter, “Beware the Second Circuit’s ‘Cat’s Paw’ Decision: Expanded Liability for Discrimination and Retaliation,” Phillips Lytle Labor & Employment Law Workshop, November 2016
  • Presenter, “Avoiding Retaliation and Other Unlawful Discrimination Claims in 2016: What You Need to Know,” Phillips Lytle Labor & Employment Law Seminar, June 2016
  • Presenter, “What to Do When a Sexual Assault Has Been Alleged,” Phillips Lytle Campus Accountability Summit, April & August 2015
  • Presenter, “Strategies for Preventing FMLA Leave Abuse,” Phillips Lytle Labor & Employment Law Seminar, March 2015
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Activities & Professional Associations

Present Activities

  • Erie Community College, Board of Trustees, Member
  • SPCA Serving Erie County, Board of Directors
  • Women’s TAP Fund, Steering Committee, Member

Past Activities

  • Western New York Consortium of Higher Education, Task Force on Sexual Assault Awareness, Prevention and Compliance, Member
  • Western New York Trial Lawyers Association, Board of Directors

Professional Associations

  • American Bar Association
  • Bar Association of Erie County
  • Buffalo Niagara Human Resource Association
  • Commission on Independent Colleges and Universities (CICU)
  • Florida Bar Association
  • Minority Bar Association of Western New York, Inc.
  • National Association of College and University Attorneys
  • New York State Academy of Trial Lawyers
  • New York State Bar Association
  • Women’s Bar Association of the State of New York, WNY Chapter

Articles & Publications

Articles

  • Co-Author, “New York State Education Department Requires School Districts to Replace Native American Mascots or Obtain Tribe Approval,” The Daily Record, December 2022
  • Co-Author, “National Collegiate Athletic Association Interim Name, Image and Likeness Policy Ushers in New Era of College Athletics,” Buffalo Business First, July 2021
  • Author, “Doing More with Less: Educational Institutions Have Even More to Do This School Year,” Buffalo Business First, October 2019
  • Author, “The DOL’s New Expansive Guideline on Joint Employment Under the FSLA,” The Daily Record, April 2016
  • Co-Author, “Guest Column: Campus Sexual Assault Awareness,” Buffalo Law Journal, April 2015