James D. Donathen

Practice Areas

James 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, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), New York Human Rights Law, Fair Labor Standards Act (FLSA), New York Labor Law, ERISA, Labor-Management Reporting and Disclosure Act (LMRDA), SOX, Occupational Safety and Health Administration (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.

James’ experience – as a confidential law clerk to the Hon. John T. Elfvin (W.D.N.Y.), a National Labor Relations Board (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.

James 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.

Career

Joined firm in 1990 and is currently Of Counsel.

Professional Memberships

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

Personal

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