Peter Lauricella represents clients in a wide variety of business matters, having earned a reputation as a “go to” attorney when a client is facing their most challenging legal issues. First and foremost, Peter is a Commercial Litigator with 30 years of experience. As a litigator, he handles complex commercial, contract, corporate, and employment litigation matters, primarily in the areas of Business “Divorces,” shareholder and partnership derivative disputes, corporate/LLC/partnership dissolution proceedings and other “bet-the-company” cases, employer unfair competition claims involving noncompete agreements, trade secrets, trademarks, confidentiality agreements, business defamation, and breach of fiduciary duty claims. Peter also is retained to represent companies in disputes involving letters of intent, mergers and acquisitions, and buyout agreements. Further, Peter is regularly retained to defend engineers and architects, directors and officers, accountants, lawyers, and financial professionals in professional liability lawsuits.

Accordingly, Peter has extensive experience with all phases of litigation in state, federal, administrative, and bankruptcy courts, including trials and appeals. While based in the Albany office, Peter represents clients in matters throughout New York and in federal courts across the country.

As a trusted counsel who has helped companies get through some of their most challenging legal situations, Peter frequently acts as “outside general counsel” to multiple companies.

Highly regarded by his colleagues at Wilson Elser as well, Peter is a member of the firm’s leadership and management team and is frequently asked to serve in leadership roles. In this regard, Peter is a member of Wilson Elser’s National Executive Committee, serves as the regional managing partner of the Albany office, and is chair of the firm’s national Government Investigations & Contracts Practice and a cochair of the its national Commercial Litigation Practice.

Peter achieves successful outcomes for clients through his strong work ethic and his commitment to being unfailingly accessible and responsive. His approach to legal matters emphasizes relentless and meticulous preparation to attain the best possible resolution regardless of complexity and challenge.

Areas of Focus

Commercial Litigation
Peter's practice focuses on complex commercial and breach of contract lawsuits; business “divorces” and dissolution proceedings; shareholder and partnership disputes; claims involving financial improprieties by companies; breach of fiduciary duty claims against corporate directors and officers; business defamation and unfair business practice claims; non-compete agreements; intellectual property matters; Lanham Act claims; and real estate, construction, and creditors’ rights and collections matters. In 2022, Peter tried one of the largest business divorce and valuation cases in Upstate New York ever reported, obtaining a very favorable verdict for the firm’s client. Furthermore, as a testament to his experience, Peter has been selected by his peers on several occasions to act as a mediator on complex commercial cases, as well as to testify as an expert witness on contractual disputes.

Outside General Counsel
In this role, Peter has represented companies in many matters, including conducting internal investigations, handling employment matters (such as drafting employment agreements, conducting hirings and terminations, and counseling on statutory compliance), ensuring compliance with their corporate governance, reviewing their vendor contracts, and managing their interactions with various regulatory agencies.

Employment/Corporate/General Counsel Services
Additionally, Peter is regularly called on to defend employers in claims by employees involving alleged illegal employment practices, such as alleged discrimination, hiring, termination of employment, and workplace accommodations. Separately, Peter’s background in commercial matters has led to his retention by clients to handle transactional matters, such as drafting and reviewing corporate equity and buyout agreements; drafting and reviewing vendor, services, credit, and security agreements; as well as counseling clients on corporate finance, UCC issues, and secured transactions.

Government Investigations/Internal Investigations
As a business litigator in New York’s Capital District, Peter is called upon to represent companies being subjected to an investigation, complaint, or claim by the Attorney General’s office or another state or federal regulatory agency, whether it be for alleged unfair business practices or corruption charges, or other alleged regulatory infractions. Further, Peter has handled many internal investigations for clients, ultimately issuing reports containing recommendations to the client on how to mitigate its risk from further legal action and proposals to implement changes to the client’s by-laws and internal policies to prevent the issues that caused the investigation. Peter assists corporate clients in navigating the complex maze of business regulations, provides representation to companies that are the subject of government investigations initiated by state and federal regulatory agencies, and handles proceedings involving the award or denial of bids on government contracts.

Professional Liability
Peter represents and defends engineers and architects in a wide variety of claims, including alleged design defects, improper drafting of specifications, improper construction site supervision, and general errors and omissions. He has handled such claims prior to litigation, in mediation and arbitration, and in litigation in state and federal courts. His professional liability experience also includes the representation of directors and officers, accountants, dentists, physicians and other health care professionals, insurance agents and brokers, financial professionals, and lawyers.


Professional/Community Activities
Outside his roles at the firm, Peter is very active in the professional and not-for-profit community. He is often asked to serve on boards of directors and committees. Until 2015, Peter served as chair of the board of directors of the Capital District YMCA, and in that same year received the YMCA’s “President’s Award,” the highest recognition for a volunteer. Currently, Peter is a director on the boards of Empire State Youth Orchestra, Inc. (ESYO) and Junior Achievement of Northeastern New York. In 2011, the Albany County Bar Association selected Peter to serve on its Judicial Qualifications and Screening Committee, where he assisted in interviewing and reviewing the qualifications of candidates running for state and local judgeships. In addition, Peter was appointed by the Albany County Legislature in 2007 to serve as vice chairman of the Albany County Ethics Commission, where he served for six years, and several years later was selected by the Town Board of Bethlehem, New York, to serve on its Ethics Board. Peter has volunteered for multiple organizations that seek to better the legal profession. In this regard, he currently serves as chair of DRI’s national Commercial Litigation Committee and has been a volunteer on several committees for the Albany County Bar Association.

    Education

    • Albany Law School (J.D., cum laude, 1996)
    • University at Albany (B.A., magna cum laude, 1993)

    Bar Admissions

    • New York

    Court Admissions

    • Supreme Court of the United States
    • U.S. Court of Appeals, Second Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Western District of New York
    • U.S. District Court, Northern District of New York

    Professional Affiliations

    • American Bar Association, Litigation and Business Torts Sections
    • New York State Bar Association, Commercial and Federal Litigation Section
    • Albany County Bar Association
    • DRI: The Voice of the Defense Bar, Chair, Commercial Litigation Committee; former Chair, Business Torts and Contract Litigation SLG
    • Junior Achievement of Northeastern New York, Board of Directors, 2017–present
    • Empire State Youth Orchestra (ESYO), Board of Directors, 2022–present

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America®, 2024-2026
    • Selected for inclusion in Super Lawyers - Upstate New York, 2013, 2015-2024
    • Named to City & State New York's Law Power 100 List, 2020-2021
    • Selected for inclusion in Top 25: 2019 Hudson Valley Super Lawyers
    • Capital District YMCA President’s Award
    • Selected by The Business Review as a “Forty Under 40” honoree, 2010
    • Selected to participate in the Albany-Colonie Chamber of Commerce “Capital Leadership” Program, 2000

Peter A. Lauricella

Peter A. Lauricella

Events

Peter Lauricella represents clients in a wide variety of business matters, having earned a reputation as a “go to” attorney when a client is facing their most challenging legal issues. First and foremost, Peter is a Commercial Litigator with 30 years of experience. As a litigator, he handles complex commercial, contract, corporate, and employment litigation matters, primarily in the areas of Business “Divorces,” shareholder and partnership derivative disputes, corporate/LLC/partnership dissolution proceedings and other “bet-the-company” cases, employer unfair competition claims involving noncompete agreements, trade secrets, trademarks, confidentiality agreements, business defamation, and breach of fiduciary duty claims. Peter also is retained to represent companies in disputes involving letters of intent, mergers and acquisitions, and buyout agreements. Further, Peter is regularly retained to defend engineers and architects, directors and officers, accountants, lawyers, and financial professionals in professional liability lawsuits.

Accordingly, Peter has extensive experience with all phases of litigation in state, federal, administrative, and bankruptcy courts, including trials and appeals. While based in the Albany office, Peter represents clients in matters throughout New York and in federal courts across the country.

As a trusted counsel who has helped companies get through some of their most challenging legal situations, Peter frequently acts as “outside general counsel” to multiple companies.

Highly regarded by his colleagues at Wilson Elser as well, Peter is a member of the firm’s leadership and management team and is frequently asked to serve in leadership roles. In this regard, Peter is a member of Wilson Elser’s National Executive Committee, serves as the regional managing partner of the Albany office, and is chair of the firm’s national Government Investigations & Contracts Practice and a cochair of the its national Commercial Litigation Practice.

Peter achieves successful outcomes for clients through his strong work ethic and his commitment to being unfailingly accessible and responsive. His approach to legal matters emphasizes relentless and meticulous preparation to attain the best possible resolution regardless of complexity and challenge.

Peter A. Lauricella

Priore and Lauricella Secure Key Appellate Division Ruling Annulling and Remanding New York State Department of Labor License Denial

Albany partners Christopher Priore and Peter Lauricella successfully represented a research company and its owner/president in a CPLR Article 78 proceeding in the New York Supreme Court, Appellate Division, Third Judicial Department, challenging the New York State Department of Labor’s (DOL) denial of the clients’ application for a license to purchase, own, possess, and transport explosives (O&P license). The company, which conducts limited fireworks displays as part of its business, must maintain an O&P license issued under Labor Law Article 16, which must be renewed annually.

In July 2021, our owner client applied to renew the company’s O&P license. The DOL denied the application on the sole ground that neither the owner nor any employee held a current Pyrotechnician Certificate of Competence (PCC), despite the owner having held a PCC for many years and the company having previously obtained O&P license renewals without one. The denial was upheld after an administrative hearing and adopted by the Commissioner of Labor.

Chris and Peter challenged the Commissioner's authority to impose a blanket PCC requirement as a prerequisite for O&P licensure. The central legal issue was whether the Department of Labor's internal policy – mandating that all O&P license applicants hold or employ someone with a PCC credential – constituted a "rule" subject to the formal rulemaking procedures of the State Administrative Procedure Act (SAPA). They presented evidence that the DOL had historically approved O&P license applications without a PCC, and only later, after internal discussions and consultation with counsel, adopted this requirement and added a question about PCCs to the application form – all without undertaking the required rulemaking process.

The Appellate Division unanimously agreed and annulled the Commissioner's determination. The court held that the mandatory PCC requirement was a generally applicable rule that should have been promulgated in accordance with SAPA's formal rulemaking procedures. Because the DOL failed to do so, the requirement was unenforceable. The matter was remitted to the DOL to evaluate the O&P license application at issue in accordance with properly promulgated rules and our clients’ particular facts and circumstances.
 

Christopher A. Priore and Peter A. Lauricella

Case Closed: How a Well-Drafted Release Shut Down a $1 Million Fraud Claim in Commercial Dispute

Peter Lauricella (Partner-Albany, NY) and Kadeem Wolliaston (Associate-Albany, NY) defended a complex commercial matter involving allegations of fraud, disputed ownership interests, and an attempted clawback of nearly $1 million in sale proceeds from a merger agreement. Our client, a private consulting and investment firm, was sued by two individuals who claimed they were each entitled to a 10% ownership interest in the subject company, which was later sold for $9.75 million. The parties had drafted and signed an “Agreement and Mutual Release,” which clearly and unambiguously released our client and its members from any and all claims, rights, causes of action, debts, shares, stock, interests, sums of money, and liabilities, whether known or unknown. Plaintiffs acknowledged they were represented by independent counsel and had entered into the agreement of their own free will. Six weeks after the release was executed and funds returned, our client sold the company to a third party for $9.75 million. The plaintiffs later obtained documentation indicating that negotiations for the sale may have begun prior to the execution of the release, and they filed suit against our client and its principals, seeking to set aside the release on the grounds of fraudulent inducement. In response, Peter and Kadeem moved to dismiss the complaint, arguing that the plaintiffs’ claims were barred by the plain language of the release and emphasized that the release explicitly covered all potential claims relating to stock, interests, and sums of money, including those that were unknown at the time. Importantly, under established law, a claim for fraudulent inducement cannot survive a broad release unless the plaintiff can allege that the release itself was induced by a separate fraud – something the plaintiffs failed to do. The court agreed and granted our motion to dismiss in full. The ruling reinforces the critical importance of well-drafted releases in commercial transactions and the strong protections they can offer against post-closing disputes. 

Peter A. Lauricella and Kadeem Wolliaston

Albany Team's Significant Trial Win Saves Client Tens of Millions

Following a nearly three-week trial, an Albany-based team comprising partners Peter Lauricella and Chris Priore and associates Daniel Lange and Kadeem Wolliaston obtained a favorable decision in New York State Supreme Court, Albany County for our client, an aggregate materials company that owns multiple quarry sites and asphalt plants, which also engages in road construction. 

As background, two first cousins owned a minority shareholder position in each other's companies, but in the mid-1990s, they held different visions for their respective businesses, and tensions arose. In or around 2007, our client’s majority shareholder requested that his shares in his cousin’s business be purchased, and his cousin agreed to do so. In 2014, the cousin died and his son became executor, and demanded an inspection of our client’s records. In late 2015, the son filed a Shareholder's Derivative lawsuit against our client, our client’s majority shareholder and our client’s other directors and related companies alleging that our client was being "looted" in a "grand scheme of fraud" in excess of $3 million a year. In 2019, our client and the other defendants filed motions for summary judgment, and the court granted the motion in large part, dismissing every claim in the Complaint, except for one alleging that two employees had been overcompensated. 

In January 2019, the cousin’s son filed another proceeding - a judicial dissolution proceeding pursuant to NY Business Corporation Law (BCL) section 1104-a, claiming that our client’s alleged "oppressive actions" against him warranted the dissolving of the entire company, in which the assets would be liquidated and the proceeds paid out to the shareholders. Under NY's BCL, our client opted to purchase the plaintiff’s shares, triggering a Valuation Proceeding, with experts on each side exchanging their reports. Our experts opined that the company was worth approximately $18 million, which valued the plaintiff’s share at nearly $6 million (after discounts) (although the realistic lowest value was probably closer to $8.5 million). The plaintiff’s valuation team set the worth at more than $58 million, resulting in a value for his shares of more than $22 million – $7 million more than our experts had valued the entire company! 

In a classic “bet the company” case, the court heard more than 25 witnesses and considered some 200 exhibits in this lengthy trial. In the end, the court ruled that the value of the plaintiff’s shares was $10.5 million – far closer to our expert team's value, and a far cry the plaintiff’s $22 million. Ordinarily, New York courts award 9% interest, and judges rarely vary from that. Through some innovative arguments and evidence the Albany team introduced at trial, including how the plaintiff kept these proceedings going for almost eight years, the court awarded interest at only 4.75%, resulting in a savings of more than $2 million for our client!

Peter A. Lauricella, Christopher A. Priore, Daniel J. Lange and Kadeem Wolliaston

Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.

These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.

These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site