Hiscock & Barclay
Hiscock & Barclay

Joseph M. Finnerty

Joseph M. Finnerty

Partner

p: 716-566-1471

f: 716-846-1229

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Buffalo Office

1100 M&T Center
3 Fountain Plaza
Buffalo, New York 14203

New York Office

Suite 600
1270 Avenue of the Americas
New York, New York 10020


p: 212-784-5800
f: 212-784-5777

The consistent 30-year baseline of Joe Finnerty’s practice has been his representation of print, electronic and now internet-based news media organizations in all aspects of news gathering and dissemination, First Amendment issues and defamation defense.

In addition, he has been fortunate to have been centrally involved in more than his fair share of high-profile, commercial litigation “career cases.”

In the 1980s, for example, he and his late law partner, John Stenger, successfully defended the County of Erie (New York) against $620 million of lost profits breach of contract damages claims resulting from an aborted domed stadium project in Buffalo. The plaintiff corporations were associated with Houston Astrodome developer and Major League Baseball owner, Judge Roy M. Hofheinz. The County prevailed on all these claims after two jury trials—one of which lasted 13 months, then thought to be the longest civil jury trial in New York history—and two trips to New York’s highest appellate court. These Court of Appeals decisions, known as Kenford I and Kenford II, still stand as the principal New York authorities on lost profits damages in breach of contract actions.

In the 1990s, Joe represented one of the world’s largest petrochemical companies in a breach of contract action against scores of its domestic and foreign general liability insurance carriers and reinsurers to recover its expenditures for environmental cleanups at, among other sites, the Love Canal. This was at the time the nation’s most prominent environmental coverage case. Among its highlights: Joe coordinated and supervised a massive discovery effort that involved constructing a screening facility and employing over 100 document screeners and more than a dozen lawyers to review over 23,000,000 documents. Eventually 9,000,000 documents were produced. Joe then oversaw the litigation of over 300,000 document privilege claims on the way to a favorable confidential settlement.

On the First Amendment/press access front, in 2003 Joe won a decision declaring New York’s statutory ban on cameras in the courtroom inapplicable to bar photographic coverage. The ruling came in the nationally notorious trial of James C. Kopp for the sniper murder of abortion-provider, Barnett Slepian, M.D., in his Amherst, NY, home. Joe is Chair of the firm's Media & First Amendment Law Practice Area.


Practice Areas

Education

  • The Walter F. George School of Law, Mercer University, J.D., cum laude, Editor-in-Chief, Mercer Law Review (1980-81), 1981
  • Washington & Lee University, B.A., cum laude, 1976

Admitted To Practice

  • New York, 1982
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Bankruptcy Court
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Memberships & Affiliations

  • The National Press Club
  • Media Law Resource Center
  • New York State Bar Association, Member: Committee on Media Law
  • American Bar Association
  • Erie County Bar Association

Civic Activities

  • Landmark Society of the Niagara Frontier, Former Trustee
  • Campaign for Buffalo History, Architecture and Culture, Former Board Member

Speaking & Publications

  • "The State of Investigative Reporting," Panel Moderator, Investigative Post, October 2012
  • “Media Law Issues,” Lecturer, St. Bonaventure University Graduate School of Communications, July 2007
  • “Buffalo News Wins Summary Judgment: Strong Headline Makes for Strong Headline Law,” MediaLawLetter November 2005 (New York: Media Law Resource Center)
  • “Old Public Figures Never Die, Nor Do They Fade Away: A Multi-factor Approach to Public Figure Analysis,” MediaLawLetter April 2003, pp.23-ff. (New York: Media Law Resource Center)
  • “Where You Stand Is Decisive–People v. Kopp: New York’s Statutory Courtroom Camera Ban Does Not Apply to Still Photography,” MediaLawLetter April 2003, pp. 57-ff. (New York: Media Law Resource Center)
  • “Media Liability for Breach of Promise to Maintain a Source’s Confidentiality after Cohen v. Cowles Media Co.,” Author, Media Law Resource Center Committee Report (Pre-Broadcast/Prepublication Review Committee) May 2004

Honors

  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • ALM Top Rated in the field of Energy, Environmental and Natural Resources for Media and First Amendment Law, Commercial Litigation and Environmental

Prior Experience

  • Stenger & Finnerty, Founding Partner (1993-2007)
  • Jaeckle, Fleischmann & Mugel, Partner (1987-1993), Associate (1981-1986)