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PHONE

 585.730.4773 main

 585.730.0408 direct

 888.971.3736 fax


EMAIL

lmcfadden@lawpf.com


MAIL

69 Cascade Drive  Suite 307

Rochester, New York 14614

BAR ADMISSIONS

  • New York

COURT ADMISSIONS

  • United States District Court, Western District of New York

  • United States District Court, Northern District of New York

EDUCATION

  • University at Buffalo School of Law, The State University of New York, J.D., 2003

  • SUNY Brockport, B.S. - Political Science

LANGSTON D. MCFADDEN

PRACTICE AREAS

  • Building and Construction

  • Design Professionals

  • Employment Litigation

  • Personal Injury

  • Products Liability

  • Premises Liability

  • Insurance Defense

  • Civil Litigation

PROFESSIONAL EXPERIENCE

A business attorney representing local, regional, and national clients, Langston McFadden focuses his practice on the quality representation of individual, organizational, and corporate (for-profit and non-profit). Langston's practice is primarily focused on commercial/business representation in areas which include, but are not limited to, contractual disputes & negotiations, design professional representations, premises liability defense, healthcare litigation, governmental regulatory disputes, and employment litigation. While Langston prides himself on his ability to provide quality, effective, and efficient litigation & representation to the firm's clients, he is equally proud of the counseling & guidance he provides to the firm's clients in an effort to avoid the need for costly and protracted litigation.

Representative Matters

 
TORT LITIGATION
 

Langston represents various industries in defense of property/structural damage, personal injury, and wrongful death litigation:

  • Design Professionals

    • Representation of major engineering & architectural firms in defense of claims stemming from claims of professional negligence, malfeasance, and/or misfeasance.

  • Healthcare Industry

    • Counsel to many local & regional health care institutions, providers, and organizations in contract negotiations, business disputes, and debt collection activities.

  • Premises Liability:

    • Representation of national oil refinery in defense of premises liability claims stemming from slip and fall claims, wrongful arrest and malicious prosecution, and product defects causing serious and permanent personal injuries.

  • Commercial Land Use Litigation

    • Representation of large commercial land developers in disputes concerning zoning, building, and leasing concerns. Representation of municipal housing authorities in eviction, construction, and housing disputes.

  • Product Liability

    • Corporate representation in defense of a wide range of products against defect claims.

GOVERNMENTAL INVESTIGATIONS

Langston represents clients in the defense of, and throughout the stressful conduction of, State and Federal investigations alleging professional and possible criminal wrongdoing. Representative matters include:

  • Representation of medical professional in investigation by NYS Attorney General concerning "Direct Access" medical/laboratory.

  • Representation of a national laboratory billing/testing provider in governmental investigation of HIPAA compliance and billing and access practices.

  • Representation of professional sports team in worker's compensation assessment.

  • Representation of a former National Football League Player in Securities and Exchange Commission Investigation.

CONSTRUCTION DEFECT LITIGATION

For more than a decade, Langston has handled a wide range of construction defect claims which include, but are not limited to the following:

  • Ronald Knuth and Maureen Knuth v. The County of Erie: Represented the County of Erie in a claim alleging the negligent expansion of a bridge culvert in a flood zone allegedly causing massive damage during a 100 year rain event and flood.  Litigated the case through discovery and motion practice ultimately avoiding the need for a costly and time consuming trial by obtaining full dismissal of the plaintiffs’ claims on a motion for summary judgment.

  • Defense of claims related to the negligent design and negligent implementation of a multi-million dollar renovation and modernization plan for a housing authority.

  • Defense of claims related to the negligent design of a housing subdivision resulting in the collapse of several properties.  

 
CONTRACT AND BUSINESS DISPUTES
 

Not all business disputes go to, or deserve to go to, trial.  Langston has successfully resolved a wide range of business disputes through litigation and alternative dispute resolution methods which have saved the firm’s clients tens of thousands of dollars: 

  • Successfully arbitrated dispute between a large nursing home and a national insurance carrier concerning payment for residential physical therapy care and inpatient services.

  • Successfully represented large home energy and fuel provider in dispute concerning breach of contract and unjust enrichment relative to the refusal to pay for goods and services provided.

  • Successful negotiation of resolution between a technology firm involved in a business dispute with an internet services provider relative to claims of monies due related to a contract for professional and technological services.

  • Successful negotiation and resolution of separation agreement between local health food bakery and the company’s outgoing Chief Executive Officer.

PROFESSIONAL & CIVIC ACTIVITIES​

  • Rochester Black Bar Association, Member

  • American Bar Association

  • National Bar Association, Member

  • Monroe County Bar Association, Member

  • New York State Bar Association, Member

  • New York State Bar Association Pro Bono Committee, Member

  • New York State Bar Association Student Loan Assistance Program Initiative Committee, Member

  • New York State Bar Association Special Committee on Youth Courts, Member

  • New York State Bar Association President’s Special Committee on Equal Access to Justice, Member

  • Urban League of Rochester (an affiliate chapter of the National Urban League), Board of Directors, Member

  • Mental Health Association, Board of Directors, Member

  • Volunteer Coach American Athletic Union (AAU) High School Boys’ Basketball Coach

  • Volunteer Youth Basketball Coach for Amateur Athletic Union (AAU)

  • Volunteer, Big Brothers and Big Sisters of Greater Rochester

HONORS & AWARDS

  • Forty Under 40 Honoree - Rochester Business Journal, 2012

  • Empire State Counsel Honoree, New York State Bar Association, 2011

  • Greater Rochester 40 Under 40 African American Leaders Award, 2011

  • Harter Secrest & Emery LLP Pro Bono Services Award, 2011

  • Rochester's Emerging African-American Leaders, 2011

  • Up & Coming Rochester Attorneys, 2006

  • Judge Matthew J. Jasen, Appellate Practice Award

  • Lewis F. Powell, Esq., Excellence in Trial Advocacy Award

  • Justice Dolores M. Denman Award

  • Minority Bar Association of Western New York Achievement Award, 2003

  • Listed in Super Lawyers, Rising Star 2013-2014

PUBLICATIONS & SPEAKING ENGAGEMENTS

Publications

  • Regular Contributor/Writer, "In the Beginning" column, The Daily Record, 2007 - 2009.

  • "The Power of Faith in the Practice of Law" - The Daily Record, April 8, 2009​

  • "Coping with First-Year Associate Stress" - The Daily Record, February 23, 2009

  • "The Awesome Power of Being an Attorney" - The Daily Record, October 30, 2008

  • "Why Quality Legal Writing is so Important" - The Daily Record, September 2, 2008

  • "The Art of Throwing People Under the Bus" - The Daily Record, July 1, 2008

  • "Your Key to Succeeding as a Young Attorney" - The Daily Record, May 20, 2008

  • "Adjusting to and Handling Your Work Load: Advice for First-Year Associates" - The Daily Record, February 5, 2008

  • "The Problem with Technology" - The Daily Record, December 4, 2007

  • "How Do You Want to Be Remembered?" - The Daily Record, November 13, 2007

  • "Beyond Law School: The Learning that Begins When Studying Ends" - The Daily Record, October 23, 2007

  • Author, White on New York Corporations – Article 15, Professional Service Corporations, 2005

Speaking Engagements

  • "Legal and Ethical Issues for New York Engineers: Handling Ethical Issues in New York Engineering Practices" - Half Moon Education, 2014

  • "Applying the Rules of Evidence: What Every Attorney Needs to Know - Ethics" - National Business Institute, 2013