Erik A. Goergen

Erik Goergen is a litigator who represents a wide range of local, national and international clients in complex commercial disputes, appeals, government investigations and white collar defense.

What do you focus on?

I focus my practice on business disputes and appeals in New York State and federal courts, drawing upon my background of having clerked at both the United States Court of Appeals for the Second Circuit and the New York State Court of Appeals. I handle contract and business tort cases for various corporate clients, most notably Xerox Corporation. I represent two central New York counties in Indian law litigation and appeals, and counsel clients on election law matters.

I also represent companies and individuals in critical investigative and compliance matters involving federal and state government enforcement authorities.

What do you see on the horizon?

Appellate practice has grown into a specialized area. As a result, it’s important for clients to be guided by experienced appellate counsel to fully understand the risks and opportunities presented by appeals. We use our experience, perspective and court room “know-how” to achieve our client’s goals.


  • Hon. Richard C. Wesley, U.S. Court of Appeals for the Second Circuit (2008-2009)
  • Hon. Eugene F. Pigott, Jr., New York State Court of Appeals (2007-2008)
  • Court Attorney, New York State Court of Appeals (2005-2007)

Representative Cases

  • Representation of Xerox Corporation in an arbitration involving claims alleging damages in excess of $200 million for breach of contract, unfair competition, and misuse of confidential information asserted by a large group of various agents and dealers of Xerox products.
  • Representation of Xerox Corporation in three separate lawsuits and a subsequent arbitration commenced by a former Xerox sales agent.  Successfully dismissed or stayed each action pending arbitration.
  • Representation of Rochester Gas & Electric Corporation in construction, theft of services, and replevin cases.
  • Representation of prison medical services provider in a breach of contract action commenced by the County of Monroe.
  • Representation of Gannett Company in Varrenti v. Gannett Co., Inc., 33 Misc. 3d 405 (Sup. Ct. Monroe Cty. 2011) (Anonymous internet speech protected by the First Amendment; newspaper not required to disclose the identities of anonymous posters to online news articles).
  • Pro bono representation of veterans’ rights group challenging VA Secretary’s rule permitting only VA-employed (or contracted) psychiatrists and psychologists to determine, in a certain class of cases, whether the veteran’s diagnosed posttraumatic stress disorder was incurred in military service (excluding all equally or better qualified doctors in private practice). National Organization of Veterans’ Advocates, Inc. v. Secretary of Veterans Affairs, United States Court of Appeals for the Federal Circuit, Case Nos. 2010-7136, 7139, 7142.
  • Pro bono representation of respondent in matter of first impression involving application of paternity and child support laws to same-sex couples who utilized artificial insemination. See Matter of H.M. v E.T., 14 N.Y.3d 521 (2010) (remitted to Appellate Division); Matter of H. M. v. E. T., 89 A.D.3d 848 (2d Dept. 2011) (decision on remand).

Indian Law Cases

  • Madison County and Oneida County, New York v. Oneida Indian Nation of New York, Supreme Court of the United States, Case No. 10-72. Supreme Court vacated circuit court decision preventing defendant-counties from using tax foreclosure to collect lawfully owed property taxes from Indian tribe and remanded for further proceedings. Madison County v. Oneida Indian Nation, 131 S. Ct. 704 (January 10, 2011).
  • State of New York, et al., v. Salazar, 6:08-CV-00644 (NDNY) (representing Madison and Oneida Counties in challenge to the Department of Interior’s decision to acquire land-into-trust for the Oneida Indian Nation of New York).
  • Stockbridge-Munsee Community v. Oneida Indian Nation of New York and State of New York, et al., 86-cv-1140 (NDNY) (representing Madison and Oneida Counties in Stockbridge-Munsee Community land claim action).

Election Law Cases

  • Successful representation of the City of Rochester in two lawsuits challenging (1) the authority of the former Acting Mayor to execute mayoral duties and (2) the City’s Council decision to hold a special election to fill the mayoral vacancy. Matter of Davis v. Carballada, 31 Misc. 3d 728 (Sup. Ct. Monroe Cty. 2011).
  • Successful representation of voter in New York’s 28th Congressional District challenging the validity of the designating petition of Congresswoman Louise Slaughter’s Democratic Party primary opponent. Matter of Brown v. Egriu, 76 A.D.3d 799 (4th Dept. 2010), lv denied 15 N.Y.3d 704 (2010).


Erik Goergen is an editor for the Defense Research Institute’s Appellate Advocacy Committee Newsletter, Certworthy.

  • Author, “Appellate Jurisdiction—Timeliness of Interlocutory Appeal,” Certworthy Newsletter (Defense Research Institute, Vol. 18, Issue 2 (December 2017)) 
  • Author, “Appellate Jurisdiction—No Appellate Jurisdiction Over Enforcement of Permanent Anti-Suit Injunction,” Certworthy Newsletter (Defense Research Institute, Vol. 18, Issue 1 (July 2017))
  • Author, “Appellate Jurisdiction: Consent to Magistrate Jurisdiction in Attorneys’ Fees Dispute,” Certworthy Newsletter (Defense Research Institute, Vol. 17, Issue 2 (November 2016))
  • Author, “Appellate Jurisdiction—Finality of Order Enforcing an Information Subpoena,” Certworthy Newsletter (Defense Research Institute, Vol. 17, Issue 1 (April 2016))
  • Co-Author, “Appellate Procedure/Jurisdiction—Interlocutory Appeal Dismissed for Lack of Appellate Jurisdiction,” Certworthy Newsletter (Defense Research Institute, Vol. 16, Issue 2 (September 2015))


Erik A. Goergen



Phone: 716-853-8118


Phone: 585-263-1266

Fax: 866-451-1167

State University of New York at Buffalo Law School, J.D., cum laude

State University of New York at Geneseo, B.A., Political Science, magna cum laude

New York

U.S. Supreme Court

U.S. Court of Appeals, Second Circuit

U.S. District Court, Southern District of New York

U.S. District Court, Western District of New York

U.S. District Court, Northern District of New York

  • Member of the Erie County Democratic Committee
  • Defense Research Institute (Appellate Advocacy Committee; Publications Editor for Appellate Section of In-House Defense Quarterly).
  • Member of the New York State, Monroe and Erie County Bar Associations.
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