James D. Donathen

Of Counsel
Buffalo
(716) 847-5476
jdonathen@phillipslytle.com
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Mr. Donathen has practiced in the areas of labor and employment law and commercial litigation for over 35 years, and is a certified mediator in federal and state courts. He provides proactive advice to clients and has litigated a wide range of workplace matters, including Title VII, ADA, ADEA, FMLA, New York Human Rights Law, FLSA, New York Labor Law, ERISA, LMRDA, SOX, OSHA, covenants not to compete, theft of trade secret and confidential information, breach of employment contracts, and other workplace fraud/disloyal employee disputes. In addition, he speaks frequently on labor and employment topics and has conducted numerous harassment and other internal investigations.

Mr. Donathen’s experience – as a confidential law clerk to the Hon. John T. Elfvin (W.D.N.Y.), an NLRB staff attorney for the Division of Enforcement Litigation (Washington, D.C.) and, for over 35 years, in private practice – has prepared him to take a fair and practical approach as a mediator.

Mr. Donathen has been selected to the Upstate New York Super Lawyers Top 50 list and recognized in The Best Lawyers in America^©, as well as other prominent legal publications.

Practice Areas

Admitted to Practice

New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York
U.S. District Court, Western District of Pennsylvania
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, D.C. Circuit

Honors and Awards

Best Lawyers - Lawyer of the Year - 2013 - Donathen

Listed in Chambers USA: America’s Leading Lawyers for Business, 2021-2022
Listed in The Best Lawyers in America^©
- Named the Best Lawyers^® Litigation – Labor and Employment “Lawyer of the Year” in Buffalo, 2013
Selected for the Upstate New York Super Lawyers^® list, 2007-2022
- Named Top 50 Lawyer, 2020
Listed in Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2018-2019
Listed in Buffalo Spree Magazine’s Best Lawyers in Western New York
Selected to Mediation Panel, U.S. District Court, Western District of New York

Education

University of Notre Dame Law School, J.D., cum laude, 1978
University of Notre Dame, B.A., magna cum laude, 1975

Judicial Clerkships

Hon. John T. Elfvin; U.S. District Court, Western District of New York, 1978-1980

Government Experience

National Labor Relations Board, Division of Enforcement Litigation, 1980-1984

Professional Associations

American Bar Association
- Section of Dispute Resolution
- Labor and Employment Law Section
- Senior Lawyers Division
Bar Association of Erie County
- Commercial and Bankruptcy Law Committee
- Labor Law Committee
Buffalo Niagara Human Resource Association
The Charles S. Desmond American Inn Of Court
New York State Bar Association
- Commercial and Federal Litigation Section
- Dispute Resolution Section
- Labor and Employment Law Section
Organization of Public Employer Negotiators
Society for Human Resource Management

ADDITIONAL COMPETENCIES

New York State Sexual Harassment Training/Compliance Programs

Present Activities

Commercial Division of the New York State Supreme Court, Mediation Panel, Member
Manatee Community Concert Band, Board of Directors and Trombonist
Transit Valley Country Club, Member
United States District Court for the Western District of New York, Mediation Panel, Member
YMCA Buffalo Niagara, Human Resources Committee

Past Activities

Calvary Episcopal Church, Endowment Committee
Resource Council of Western New York, Inc., Board of Directors
YMCA Buffalo Niagara, Board of Directors