
Robert J. Fluskey, Jr.
Practices & Industries
Admissions
- New York
- U.S. District Court, Western District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U. S. District Court, Eastern District of Michigan
Education
University of Connecticut, B.A., Summa cum laude
University at Buffalo School of Law, J.D., Summa cum laude
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- 2023; Upstate New York Super Lawyers from 2013-2022; 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
Representing 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.
Representing national bank in defense of False Claims Act litigation involving variable rate demand obligations.
Representing national bank in several employment discrimination cases under Title VII of the Civil Right Act and the Age Discrimination in Employment Act.
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 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.
In the News
- April 2023
- Buffalo Business First, September 29, 2017
- January 1, 2011
Press Releases
- Hodgson Russ Press Release, August 23, 2022
- Hodgson Russ Press Release, August 19, 2022
- Hodgson Russ Press Release, August 20, 2021
- Hodgson Russ Press Release, August 19, 2021
- Hodgson Russ Press Release, September 8, 2020
- Hodgson Russ Press Release, August 20, 2020
- Hodgson Russ Press Release, August 20, 2019
- Press Release, August 12, 2019
- Press Release, August 20, 2018
- Press Release, September 6, 2017
- Press Release, August 31, 2016
- Press Release, August 19, 2015
- Press Release, August 14, 2014
- August 2013
Publications
- Hodgson Russ Intellectual Property Litigation Alert, May 30, 2023
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- Hodgson Russ Intellectual Property Litigation Alert, March 23, 2023
- Hodgson Russ Intellectual Property Litigation Alert, January 27, 2023
- Hodgson Russ Non-Compete, Non-Solicit, and Trade Secrets Alert, January 6, 2023
- Hodgson Russ Home Care Alert, December 20, 2022
- Hodgson Russ Intellectual Property Litigation Alert, December 20, 2022
- Hodgson Russ Intellectual Property Alert, November 28, 2022
- Hodgson Russ Intellectual Property Litigation Alert , October 31, 2022
- Hodgson Russ Intellectual Property Litigation Alert, October 19, 2022
- Hodgson Russ Home Care Alert, August 19, 2022
- Hodgson Russ Intellectual Property Litigation Alert, July 21, 2022
- Hodgson Russ Home Care Alert, May 5, 2022
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 15, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, October 12, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, September 10, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, August 6, 2020
- Hodgson Russ COVID-19 Litigation and Employment Action Team Alert, July 28, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, July 14, 2020
- Hodgson Russ Business Litigation Alert, June 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Hodgson Russ COVID-19 Litigation & Employment Action Team Alert, June 15, 2020
- Hodgson Russ Class Action Litigation Alert, May 29, 2020
- Hodgson Russ Business Litigation Alert, May 22, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Intellectual Property Alert, May 8, 2020
- Hodgson Russ Intellectual Property Litigation Alert, April 27, 2020
- Hodgson Russ Business Litigation Alert, April 22, 2020
- Hodgson Russ Business Litigation and Securities Regulation & Corporate Compliance Alert, April 22, 2020
- Hodgson Russ Business Litigation Alert, April 15, 2020
- Hodgson Russ Home Care Alert, April 9, 2020
- Hodgson Russ Business Litigation Alert, April 9, 2020
- Hodgson Russ Food & Beverage Alert, April 7, 2020
- Hodgson Russ Healthcare Alert, April 6, 2020
- Hodgson Russ Home Care Alert, April 4, 2020
- Hodgson Russ Food & Beverage Practice Alert, April 3, 2020
- Hodgson Russ Food & Beverage Alert, March 16, 2020
- Hodgson Russ Non-Compete, Non-Solicit & Trade Secrets Alert, March 12, 2020
- Hodgson Russ Antitrust,Trade Regulation & Anticorruption Alert, January 21, 2020
- Hodgson Russ Antitrust, Trade Regulation & Anticorruption Alert, July 16, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Home Care Alert, April 1, 2019
- Hodgson Russ Home Care Alert, March 29, 2019
- Hodgson Russ Home Care Alert, March 26, 2019
- Hodgson Russ Home Care Alert, March 12, 2019
- Hodgson Russ Home Care Alert, March 8, 2019
- Home Care Alert, February 28, 2019
- Home Care Alert, February 19, 2019
- Home Care Alert, January 29, 2019
- Home Care Alert, January 23, 2019
- Home Care Alert, January 16, 2019
- Home Care Alert, January 9, 2019
- Home Care Alert, December 26, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 11, 2018
- Agriculture Alert, November 6, 2018
- Home Care Alert, November 5, 2018
- Home Care Alert, October 25, 2018
- Home Care Alert, October 23, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, September 27, 2018
- Home Care Alert, September 26, 2018
- Home Care Alert, September 21, 2018
- Home Care Alert, August 24, 2018
- Home Care Alert, August 8, 2018
- Home Care Alert, August 6, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 19, 2018
- Home Care Alert, July 12, 2018
- Home Care Alert, June 29, 2018
- Home Care Alert, May 31, 2018
- Home Care Alert, May 29, 2018
- Home Care Alert, May 22, 2018
- Home Care Alert, May 14, 2018
- Home Care Alert, May 10, 2018
- Home Care Alert, April 2, 2018
- Home Care Alert, March 7, 2018
- Home Care Alert, January 23, 2018
- Home Care Alert, January 22, 2018
- Home Care Alert, December 19, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 14, 2017
- Home Care Alert, December 13, 2017
Blog Posts
- Government Fraud Statistics Demonstrate the Enduring Utility of False Claims Act Litigation The Whistleblower Blog, September 9, 2020
- Government Statistics Show Upward Trend in False Claims Act Settlements The Whistleblower Blog, January 31, 2012
- Whistleblowers and the False Claims Act’s Public Disclosure Bar The Whistleblower Blog, January 20, 2011
- Medical Industry Whistleblower Settlements Increase The Whistleblower Blog, August 16, 2010
Presentations & Events
- June 22, 2023
- February 18, 2022