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Ashley D. Hayes

Ashley D. Hayes

Partner

P: (315) 565-4500 (ext. 4526)
F: (315) 565-4600
ahayes@hancocklaw.com

Ashley D. Hayes is the Co-Chair of the Litigation Department. She focuses her practice on complex commercial litigation matters, representing a variety of clients including publicly and privately-held corporations, municipalities, charitable organizations, and other small and large businesses. Ms. Hayes has litigated cases in federal and state courts and handled a wide range of alternative dispute resolution issues, including intellectual property claims, products liability claims, complex contractual disputes, and large-scale real property and water rights disputes. 

Ms. Hayes also serves as local counsel to major law firms across the country and has assisted with the representation of a publicly traded sporting goods manufacturer, a global manufacturer of powered industrial trucks, a national lighting distributor, a national beer and wine distributor, a national housing manufacturer and a financing company, among other clients. Cases handled have involved patent, trademark, and copyright infringement claims, federal and state unfair competition claims, state deceptive and unfair business practices claims, federal Truth-in-Lending Act claims, claims relating to distribution agreement rights, and other statutory, tort and contract-related claims.

Ms. Hayes also prosecutes trademark applications in the United States and abroad and has been responsible for overseeing the management and maintenance of trademark portfolios for corporate clients.

  • Obtained summary judgment on behalf of gun manufacturer resulting in dismissal of Federal Court action alleging strict products liability, negligence and warranty claims.  
  • Represented the Mohawk Valley Water Authority in an action to confirm its right to withdraw the maximum amount of water from Hinckley Reservoir as permitted under an agreement with the State of New York. The action was favorably settled giving the Authority the right to withdraw the maximum amount of water sought in the litigation, free from any compensation obligation.
  • Assisted in extinguishing a temporary restraining order and defeating a motion for a preliminary injunction precluding termination of an agreement governing the sale and service of powered industrial trucks in an action removed from New York State Supreme Court to Federal District Court. 
  • Defeated a summary judgment motion brought against a small business in a multimillion-dollar trade secret theft case brought in Federal Court.
  • Obtained summary judgment on behalf of an Upstate New York municipal water supply authority resulting in the dismissal of water rights, contract and tort claims brought by a northeastern energy supply corporation seeking damages, declaratory and injunctive relief. Assisted in successfully defending the summary judgment decision on appeal before the New York State Supreme Court Appellate Division, Fourth Department and on motion for leave to appeal to the New York State Court of Appeals.
  • Successfully negotiated the resolution of a large-scale real property dispute involving the validity and enforceability of historic restrictive covenants running with real property surrounding an Upstate New York lake utilized as the water supply source for a nearby city.
  • Obtained summary judgment on behalf of a charitable sports-related organization dismissing claimed violations of New York’s Civil Rights Laws arising out of the promotion of a sporting event using a public figure’s likeness and image. 
  • Assisted in obtaining a defense jury verdict for a medical device manufacturer on a $26 million tortious interference action tried in Federal Court in the Western District of Pennsylvania.
  • Assisted in obtaining summary judgment in the Western District of Pennsylvania, which dismissed millions of dollars in anti-trust claims. Assisted in defending the summary judgment decision on an appeal to the United States Court of Appeals for the Federal Circuit.
  • Successfully opposed class action certification in an action brought against a leasing company arising out of an automatic renewal provision in an equipment lease. 
  • Obtained the reversal of the trial court’s denial of summary judgment on behalf of a leasing company arising out of an automatic renewal provision in a mobile phone equipment lease, resulting in case dismissal (on appeal before the New York State Supreme Court Appellate Division, Second Department). 
  • Obtained an arbitration award on behalf of an owner and a corporate entity providing medical services dismissing breach of contract, unjust enrichment and labor law claims brought by a formerly employed doctor.
  • Assisted in obtaining the dismissal of a contract and of tort claims brought by a state of Washington distributor against a New York manufacturer in Federal Court in the Western District of Washington.
  • Negotiated the successful resolution on behalf of an automotive manufacturer on claims for damages arising out of an equipment manufacturer’s failure to provide special-purpose machines meeting contract specifications, requirements and performance criteria. 
  • Negotiated the successful resolution on behalf of a national indoor air quality training organization for copyright infringement and tort claims arising out of the unauthorized use of its materials created to train and educate indoor air quality industry professionals. 
  • Obtained summary judgment entitling a commercial laundry equipment manufacturer to balance due on a commercial laundry system over counterclaims for a breach of warranty found, barred by the terms of the manufacturer’s limited warranty, the validity and enforceability of which had been challenged by the defendant. Successfully defended the summary judgment decision on appeal to the New York State Supreme Court, Appellate Division, Fourth Department.
  • Assisted in obtaining summary judgment of non-infringement on a patent infringement claim brought against a New York manufacturer by a German competitor.
  • Material Handling Products Corp. v. Nacco Materials Handling Group, Inc., 2011 WL 1205065 (NDNY 2011)
  • Camhi v. Ruckert, et al., 82 A.D.3d 1673 (4th Dept. 2011)
  • ERBE Electromedizin GmbH v. Canady Technology LLC, 629 F.3d 1278 (Fed. Cir. 2010)
  • Frazier v. Turning Stone Casino, 2008 WL 4834929 (NDNY 2008)
  • HSBC Bank USA v. Merrill, 37 A.D.3d 899 (3d Dept. 2007)
  • Fortune Limousine Service, Inc. v. Nextel Communications et al., 35 A.D.3d 350 (2d Dept. 2006)
  • G.A. Braun, Inc. v.  Tenney Laundry Systems, Inc.,  26 A.D.3d 810 (4th Dept. 2006)
  • HSBC Bank USA v. Merrill, 18 Misc.3d 1125(A) (Franklin Co. Sup. Ct. 2005)
  • Recipient, 2011 Distinguished Young Alumnus Award, Syracuse University College of Law 
  • Member, Federation of Defense & Corporate Counsel 
  • Member, New York State Bar Association
  • Member, Northern District of New York Federal Bar Association
  • Member, Central New York Women's Bar Association
  • Member, New York State Academy of Trial Lawyers
  • Member, Onondaga Historic Association
  • Past President, Syracuse University Law Alumni Association
  • Past Member, American Red Cross of Central New York
  • Past Member, Onondaga County Bar Association
  • Past Chair, Onondaga County Bar Association, CLE Committee
  • Past Member, Children’s Consortium
  • Federal Court Bar Association, “Take It To The Limit? Effective Advocacy & The Ethical Boundaries of Witness Preparation” 
  • Onondaga County Bar Association, “Discovery in Civil Actions”
  • Onondaga County Bar Association, “Federal Court Practice” 
  • "Protecting Your Brand: Federal Trademark Registrations Aren't Just for Big Business", Hancock Estabrook Newsletter, Spring 2014
  • "The Right of Publicity and Protection of Personas: Preemption Not Required", Syracuse L. Rev. 1049, (2001)
  • Syracuse University College of Law, J.D., summa cum laude, 2001
    • Justinian Honorary Society
    • Law Review
    • Moot Court Honorary Society
    • National Trademark Team
    • Corpus Juris Secundum
    • Recipient, Outstanding Achievement Award
  • Syracuse University, B.A., 1991
  • New York
  • United States Court of Appeals (Federal Circuit)
  • United States Court of Appeals (Second Circuit)
  • United States District Court (EDNY)
  • United States District Court (NDNY)
  • United States District Court (SDNY)
  • United States District Court (WDNY)
  • United States Supreme Court