Tristan D. Hujer

Partner Buffalo, New York City

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.

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Honors & Awards

  • Named Upstate New York Super Lawyers® Rising Star, 2016-2023
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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.
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Speaking Engagements

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  • 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
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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

Articles & Publications

Articles

  • 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