Rob Fluskey

Rob is an experienced litigator who has represented clients in dozens of complex, high-stakes cases in federal and state courts.  He currently serves as the Leader of the firm’s Business Litigation Practice Group and Co-Leader of the firm’s False Claims Act Practice Group. 

While Rob's business litigation practice covers many areas, he focuses principally on intellectual property cases and employment cases.  Rob also has substantial experience representing whistleblowers and corporate defendants in False Claims Act ("Qui Tam") lawsuits and investigations. 

Rob is a summa cum laude, Phi Beta Kappa graduate of the University of Connecticut and a summa cum laude graduate of the University at Buffalo Law School. He served as an Articles Editor on the University at Buffalo Law Review and received the John N. Bennett Award for highest academic achievement in the graduating law school class.

Rob has been listed in Best Lawyers in America (Litigation - Intellectual Property) from 2020- 2024, (Commercial Litigation) 2024; Upstate New York Super Lawyers from 2013-2023; and Buffalo Business First/Buffalo Law Journal's Legal Elite of Western New York for 2020.

Rob serves on the Board of Directors of the Erie County Bar Foundation and is a member of the firm's Finance Committee. He is a former Board Member of the Boys & Girls Clubs of Buffalo and the Music is Art Foundation.

Representative Engagements

Represented manufacturer of ballistic yarns in patent infringement lawsuit. Obtained summary judgment of non-infringement, dismissing all claims. Decision affirmed by Federal Circuit. Barrday, Inc., et al v. Lincoln Fabrics Inc., 2023 WL 7871688 (Fed. Cir. Nov. 16, 2023).

Represented insurance brokerage arm of national bank as defendant in non-solicitation and trade secret litigation filed by national insurance brokerage firm. Obtained partial summary judgment for client, invalidating adversary’s non-solicitation agreements.

Represented manufacturer of ballistic vest release system in patent infringement lawsuit. Obtained summary judgment of non-infringement, dismissing all claims.

Represented local developer in seven-figure federal tax refund litigation. Obtained post-trial judgement in favor of client for full refund, plus interest. LP Ciminelli Interests, Inc. v. United States of America, 2012 WL 5499444 (W.D.N.Y. Nov. 13, 2012).

Represented member of tissue biologics manufacturer as plaintiff in books and records action in Delaware Chancery Court. Obtained post-trial judgment in favor of client on all issues.

Represented national bank as defendant and counterclaim-plaintiff in civil fraud litigation. Obtained summary judgment dismissing all claims against client and awarding judgment on counterclaim.

Represented pharmaceutical compounding company in defense of Lanham Act false advertising litigation. Obtained complete dismissal for client and denial of preliminary injunction motion.

Represented national bank in several wage-and-hour collective action and class action litigations:

• Schaefer v. M&T Bank Corp., Southern District of New York

• Lead counsel in putative class action and collective action under the Fair Labor Standards Act arising out of the alleged misclassification of information technology employees.

• Jillian Kennedy v. M&T Bank, Kings County Supreme Court
  • Lead counsel in putative collective action under the Fair Labor Standards Act arising out of alleged underpayments to relationship bankers.

• Hirst v. M&T Bank Corp., Kings County Supreme Court
• Lead counsel in putative collective action under the Fair Labor Standards Act arising out of alleged underpayments to assistant branch managers.

• Munsey v. M&T Bank Corp., Monroe County Supreme Court
• Lead counsel in putative class action arising out of the alleged misclassification of mortgage underwriters.

• Gokhberg v. M&T Bank Corp., Southern District of New York
• Lead counsel in putative class action and collective action under the Fair Labor Standards Act arising out of the alleged misclassification of mortgage loan officers.

Represented leading Greek yogurt manufacturer in defense of breach of contract and Consumer Protection Act claims and in support of counterclaims for trade secret misappropriation. Obtained summary judgment for our client, dismissing the Consumer Protection Act claim, and defeating plaintiff’s summary judgment motion seeking dismissal of trade secret claims.

Represented manufacturer of automated fastening systems for aircraft assembly as plaintiff in patent infringement lawsuit. Obtained consent judgment in favor of client.

Represented public authority in a multimillion dollar construction litigation filed by a contractor involving the rehabilitation of runways at the Buffalo International Airport. Obtained summary judgment on behalf of client. The summary judgment dismissal was affirmed by the Appellate Division.

Represented developer and marketer of pharmaceutical co-pay offset programs as a defendant in patent infringement litigation in U.S. District Court for the District of New Jersey. Placed the patent in re-examination before the U.S. Patent and Trademark Office and obtained rejections of all asserted claims.