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Experience
  • Cannabis

    Counseled a client in preparing for obtaining an industrial hemp growing license, including citing, materials, and an agriculture application.

  • Cannabis

    Assisted with real estate leasing and property options for facilities, including production for CBD isolates. 

  • Cannabis

    Assisted with an NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp on behalf of a wholly owned subsidiary. 

  • Cannabis

    Assisted with a client's successful application for the regulatory authorization to grow and to process hemp, and counseled the client on internal corporate issues and licensing compliance.

  • Cannabis

    Counseled and assisted with a client's response to a NY Department of Agriculture & Markets, Plant Division investigation of compliance issues with its cannabinoid-infused consumer products.

  • Cannabis

    Assisted client in applying for and obtaining registered organization status as one of the first five registered organizations authorized to grow, produce, and distribute in NYS under the NYS Compassionate Care Act. Continuing working on maintaining status and assisting with regulatory compliance. Researched pharmaceutical-grade honey for use in a medical lozenge. Handling facility issues.

  • Cannabis

    Counseled a client regarding federal agency jurisdiction and interstate commerce in the cannabis industry.

  • Cannabis

    Counseled a client regarding issues of constitutionality in statutory and regulatory frameworks for medical cannabis programs.

  • Cannabis

    Represented a client in a dispute over the ownership of a medical marijuana licensee, resulting in a nearly $1 million buyout.

  • Cannabis

    Assisted a client's wholly owned subsidiary in submitting a NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp, resulting in successful licensure.

  • Cannabis

    Assisted with a client's successful application for the regulatory authorization to process hemp cannabis on behalf of its wholly owned subsidiary.

  • Cannabis

    Assisted with a client's applications for cultivation, manufacturing, and dispensary licenses under the initial launch of Missouri's medical cannabis program.

  • Cannabis

    Assisted with a client's application for a vertically integrated license under the expanded NJ medical cannabis program.

  • Cannabis

    Provided counsel to a professional athlete regarding his investment and involvement in a cannabis business, including disputes with business partners and with a players’ union.

  • Cannabis

    Assisted an industrial hemp client with the purchase of a $4.5 million facility to use for state-wide hemp processing, including obtaining various license approvals and collecting letters of support from local and state government officials.

  • Cannabis

    Created a NY LLC that can acquire, possess, manufacture, sell, deliver, transport, distribute, and dispense marijuana for certified medical use.

  • Cannabis

    Assisted with a client's successful application for the regulatory authorization to process hemp cannabis.

  • Cannabis

    Counseled and assisted a client with a supply agreement for biomass.

  • Cannabis

    Advised a client regarding the regulatory constraints on the qualifications of employees participating in a cannabis business.

  • Cannabis

    Negotiated a facility lease for a hemp processing manufacturer.

  • Cannabis

    Advising a client on the tax implications of operating an industrial hemp business, including analyzing Section 280E of the Internal Revenue Code.

  • Cannabis

    Counseled and assisted a client on employment law issues, including intellectual property assignments, nondisclosure, noncompetition, and nonsolicitation agreements.

  • Cannabis

    Assisted with a client's successful application for the regulatory authorization of hemp-related activities and advised on all matters pertaining to the organization's start up, staffing, security, operations, and tax issues involved in the cannabis business.

  • Cannabis

    Assisted a client with relocating and consolidating its separate cannabis operations, including environmental diligence for the property acquisition and preparing the client's successful application to the amended regulatory authorization.

  • Cannabis

    Assisted a client with obtaining amendments to its seed-acquisition authorization and counseled them on interstate commerce in the hemp industry.

  • Cannabis

    Successfully negotiated an industrial hemp agricultural forward agreement involving the purchase of over $1 million of NY-grown hemp biomass cultivated during the 2019 growing season.  

  • Commercial Litigation

    Defended Oneida Indian Nation Police Department officers in an excessive-force lawsuit filed in federal court. Obtained complete dismissal of the case on summary judgment after discovery.

  • Commercial Litigation

    Represented an animal-health business in a lawsuit seeking immediate injunctive relief regarding control of manufacturing acquired by an industry competitor. Identified mediation as the best route to restore the client's supply, and, following 20 hours of mediation, reached an approved creative resolution that achieved the client's objectives.

  • Commercial Litigation

    Represented the City of Watertown in a lawsuit from Ives Hill Country Club seeking to invalidate a public-property lease the client had entered into with a for-profit enterprise on the basis of statutory and constitutional grounds. The firm cross-moved for judgment, successfully obtaining a denial of Ives Hill's motion with the court granting the City of Watertown's cross-motion and dismissing the case.

  • Commercial Litigation

    Obtained summary judgment for a third-party benefits provider for self-funded health- and risk-management plans in a pair of federal civil-rights actions commenced by retired disabled police officers who were challenging the manner in which their medical benefits were paid under Section 207-c of the NY General Municipal Law. The decision granting summary judgment was affirmed by the US Court of Appeals for the Second Circuit. One of the plaintiffs then commenced a near-identical action in NYS Supreme Court against the client.  Obtained dismissal of most of the claims in an initial motion, and then obtained summary judgment dismissing the remaining claims. The decision granting summary judgment was then affirmed by the Appellate Division, Fourth Department.

  • Commercial Litigation

    Successfully defended an adversaries' appeal of a lower court's denial of an Article 78 petition that sought to reverse the Public Service Commission's denial of retroactive reimbursements to a group of residential developers for certain trenching work used to install utility service. The Appellate Division's decision to affirm the lower court order was particularly important to the utility client because an adverse decision would have potentially caused other developers to also seek retroactive reimbursements, opening the client up to additional claims and damages. 

  • Commercial Litigation

    Obtained a highly favorable settlement for a coalition of NYS transportation-related businesses in a lawsuit against the NYS Workers’ Compensation Board. The coalition was comprised of former members of a group self-insured trust that was fraudulently formed and unscrupulously managed, leading to the insolvency of the trust. The clients alleged the “deficit assessment” issued by the board against the members violated both procedural and substantive due process, several statutory provisions, and common law. Obtained successful motions for stay of enforcement and partial summary judgment and settled related third-party litigation with no exposure for the clients.

  • Construction & Surety

    Obtained summary judgment dismissal of a complaint against a commercial real estate developer and local industrial development agency that sought to foreclose a mechanics’ lien for over $250,000.

  • Corporate

    Represented a music distribution and licensing company in the $2.5 million sale of its business assets, including intellectual property and other proprietary rights in various recordings and musical compositions.

  • Corporate

    Served as outside general counsel to a Buffalo eDiscovery and litigation support company in its $350,000 acquisition of an Ohio-based eDiscovery business.

  • Corporate

    Served as outside general counsel to a Buffalo eDiscovery and litigation support company in its $100,000 acquisition of a graphic design and printing company.

  • Corporate

    Served as counsel to a perfume and cologne manufacturer regarding its sale of assets to a private equity-owned distributor of flavor and fragrance ingredients.

  • Corporate

    Served as counsel to a selling shareholder in a $2.7 million buyout of equity in a heating and cooling equipment company and affiliated entities and negotiated the related consulting agreement.

  • Corporate

    Served as outside general corporate counsel to a safety equipment distributor regarding negotiating and preparing an asset purchase agreement in which the client purchased inventory and intellectual property worth $3.3 million from a safety equipment distribution company in Pennsylvania.

  • Corporate

    Served as outside general counsel to a regional commercial trucking business and business owners in the $2 million sale of the business and handled the related real property and employment of the selling business owners. 

  • Corporate

    Represents an airline software operations start-up in connection with its entity formation, corporate structuring, and $1.25 million series seed raise.

  • Corporate

    Represents a stainless-steel-processing equipment manufacturer and certain members of its closely held ownership in a $10 million shareholder dispute and corporate dissolution action involving competing allegations of corporate misconduct, misappropriation of property, financial irregularities, and other shareholder and fiduciary claims.

  • Corporate

    Served as general outside counsel to a development company regarding the acquisition of a facility in Binghamton, New York, as well as financing the facility renovation through traditional construction financing and through the sale of federal and state historic tax credits and obtaining state and local assistance. Handled real property title issues, appropriate historic designations, and the negotiation of the master lease and other equity considerations to facilitate the financing.

  • Corporate

    Serves as counsel for a medical device start-up in connection with its $3 million Series B Regulation D, Rule 506 accredited investors equity round. Also served as counsel in its $3.6 million Series A round. The Series B round involves the preparation of various documents, including pre-emptive rights notices, an amended and restated operating agreement, subscription agreements, authorizing resolutions, and the creation of a post-funding equity incentive plan. 

  • Corporate

    Served as general outside counsel to a software company regarding the sale of 100 percent of its equity interest to a member-focused construction association.

  • Corporate

    Represents a liquor distillery in connection with its entity formation, corporate structuring, and $300,000 series seed raise.

  • Corporate

    Represents an international supplier of injected molded parts with manufacturing facilities in the United States, Mexico, and China regarding its general corporate and contract requirements.

  • Corporate

    Represented a national electrical distribution services provider to major festivals, sporting events, concerts, and tradeshows in the $3.46 million sale of its business assets to a DE LLC.

  • Corporate

    Served as general outside counsel to a nursing home and rehabilitation center regarding the acquisition of the operating assets of another residential nursing home and rehabilitation center and related real property located in New York City as well as the financing of the acquisition, including title matters and restrictions, required NYS Department of Health and Attorney General approvals, and the client acting as a receiver for the subject facility with the consent of the DOH.

  • Corporate

    Served as outside general corporate counsel to a commercial cooling, heating, and ventilation systems manufacturer in acquiring $1 million business assets from a NY wholesale air conditioning supplies company.

  • Corporate

    Represented a NY industrial automation components and equipment distributor in the $2.3 million sale of its business assets to a NJ company.

  • Corporate

    Served as outside general counsel to a purchaser in the acquisition of firearm magazine-loading technology and intellectual property rights and served as issuer counsel in the related $600,000 Regulation D private placement fundraising round.

  • Corporate

    Represented a purchaser in its $408,000 acquisition of a local grocery store franchise and related assets.

  • Corporate

    Served as outside general counsel to a purchaser in the $500,000 acquisition of a gun-care-products company and related intellectual property rights.

  • Corporate

    Represents an international manufacturer of frozen Italian food products regarding its day-to-day corporate and contract requirements.

  • Corporate

    Represented multiple practicing neurological-surgeon entrepreneurs and advised them in connection with their respective ventures, including the commercialization, protection, and subsequent monetization and licensing of their medical-tech intellectual property.

  • Corporate

    Served as counsel to a custom antenna manufacturer involved in positive train control and covert surveillance in its corporate restructuring, ownership change, negotiation of employment agreements, and tax planning.

  • Corporate

    Served as counsel to veteran-owned, regional construction cost estimators in the $2 million acquisition of a nationally known cost consulting firm. Also handled formalized business succession planning and employment matters. 

  • Corporate

    Served as company and shareholder counsel in a tuxedo rental company's $1 million sale of assets to a Pennsylvania acquirer. 

  • Corporate

    Served as counsel to a majority purchaser group in the $7.2 million acquisition of a Rochester-based manufacturer's sales representative for industrial heating, cooling, and generators and affiliated entities.

  • Corporate

    Served as counsel to a perishable foods broker and marketing company in a $3 million-plus earn-out asset sale and real property lease to a nationwide firm. 

  • Corporate

    Served as outside general counsel to an insurance agency in its $2 million acquisition of a Rochester-area insurance agency and the related property lease.

  • Corporate

    Served as outside general counsel to an insurance agency in its $2.7 million acquisition of two affiliated Rochester-area insurance agencies and the related property lease.

  • Cannabis

    Represents a NYC cannabidiol (CBD) products start-up in connection with its entity formation, corporate structuring, and $750,000 series seed raise.

  • Canada-US Cross-Border

    Served as outside general counsel to a US online test proctoring company in a $5.1 million Canadian cross-border asset sale.

  • Canada-US Cross-Border

    Represents a Canadian distributor of orthotic footwear regarding its US expansion and operations.

  • Canada-US Cross-Border

    Represented a US esports company in its Regulation D, Rule 506 private placement fundraising rounds and subsequent $25 million cross-border stock sale to a Canadian purchaser.  

  • Canada-US Cross-Border

    Represented a hospitality software business in its $16.6 million sale to a leading provider of software and services.

  • Canada-US Cross-Border

    Served as local NY counsel to a Canadian client in a $9.4 million cross-border acquisition of a food manufacturer and related real estate.

  • Corporate

    Served as general outside counsel in financing a transaction that included equity rights to a specialized venture capital group that provides financial assistance to energy-related industries. Relevant issues included real property title, environmental, and intercreditor agreements.

  • Corporate

    Served as counsel to a concrete manufacturer and seven affiliated entities in the $40 million sale of substantially all assets to a building materials and aggregates supplier, handling complex environmental and permitting issues connected to the sale of multiple quarries and greenfield sites.

  • Corporate

    Served as outside counsel to a residential health care facility operator in the $7.5 million sale of a facility and related real property.

  • Corporate

    Served as outside general counsel to a performing provider system (PPS) in the acquisition of a Rochester-area regional health home network.

  • Corporate

    Served as counsel to a NY Regional Health Information Organization (RHIO) in its merger with another RHIO that doubled the scope of the client's service base.

  • Corporate

    Served as outside general counsel to a WNY behavioral health provider in its merger with a regional child and adolescent behavioral health provider and in obtaining related regulatory approvals.

  • Corporate

    Served as outside general counsel to a regional pharmacy, pharmaceutical products, and long-term and assisted living consulting company in a $14 million sale of assets.

  • Corporate

    Served as outside general counsel for nursing home facilities and related sellers in a $45 million multi-year, progressive equity sale of nursing home entities and in the NYS Department of Health (DOH) regulatory approval process.  

  • Corporate

    Counseled a private liberal arts college on its overseas program, including relationship-building and documenting agreements for the provision of educational instruction at partner institutions overseas.

  • Corporate

    Represented an international facilities management company in its acquisition by merger of a janitorial commercial cleaning servicer.

  • Corporate

    Represented an India-based venture capital investor investing in US technology companies.

  • Corporate

    Represented a manufacturer of air-pollution-control devices for the petroleum refining and marine industries regarding its general contract requirements with companies from Nigeria, Mexico, France, China, and Singapore.

  • Corporate

    Represented a specialized dairy transport company in its sale of stock to a large Malaysian trucking firm.

  • Corporate

    Represented a Spanish renewable energy provider regarding the restructure of its and its affiliates $27 million in loans, converting a portion into an equity investment and restructuring the balance. Retained by the client's primary counsel to work through the labyrinth of the borrower’s US companies and their charter documents as well as existing loan and security documents so as to effectuate a restructure. Also enforced collateral position when the borrower defaulted on the restructured loan.

  • Corporate

    Served as outside general corporate counsel to a safety equipment distributor in its $3 million acquisition of a safety equipment distribution company in Indiana.

  • Corporate

    Represented a principal and a long-standing local business in the sale of the principal's 100 percent membership interest, negotiating the sales contract and consummating the entire transaction, including financial assumptions, vendor consents, and negotiating a new lease and employment contract. The result of the transaction assured the orderly transition of the company to another entity and the continuation of the company for the benefit of the community and the employees.

  • Corporate

    Served as outside general counsel to sellers in a $15 million sale of 25 Burger King restaurant franchises and related business assets to an Oklahoma purchaser.

  • Corporate

    Served as general outside counsel to a NY-based owner-operator of post-acute health care facilities regarding the $10 million acquisition of a nursing facility in Brockport, New York, and the acquisition financing, including title matters and restrictions and required NYS Department of Health and Attorney General approvals.

  • Corporate

    Served as outside general counsel to a purchaser in the acquisition of Oklahoma taco restaurant franchises and related business assets collectively valued at $2.8 million.

  • Corporate

    Represented an individual in his sale of interest in a car dealership franchise that involved sensitive environmental issues and took over three years to complete, including negotiating all transaction documents.

  • Corporate

    Served as general outside counsel to a hydroelectric power project owner and developer regarding the $80 million acquisition of several hydroelectric facilities located on Maine’s Kennebec River. Handled real property title issues, obtaining necessary approvals of the assignment of US Federal Energy Regulatory Commission (FERC) and state regulatory licenses, and labor union issues as well as the pre-closing investigatory process with regard to potential environmental and regulatory issues and post-closing issues with management companies.

  • Corporate

    Represented an owner, operator, and developer of hydroelectric power projects in its $8.1 million purchase of a Virginia hydroelectric facility, including handling the status and necessary assignment of a US Federal Energy Regulatory Commission (FERC) license as well as the pre-closing investigatory process with regard to potential environmental issues and necessary post-closing connections to the electrical grid.

  • Corporate

    Represented a purchaser in its acquisition of a packaging supplies and equipment distributor, including negotiating an asset-purchase agreement and ancillary documents, assisting in due diligence, and coordinating and negotiating with debt holders.

  • Corporate

    Represented principals in the $112 million sale of a majority interest in a wholesale optical lab, including confidential negotiations with a supplier, licensor, and competitor as well as extensive management provisions post-closing. Also worked with three firms representing the buyer regarding membership sale and subsequent operational matters, real estate, and anti-trust issues.

  • Elder Law & Medicaid Planning

    Assisted a client with a progressive memory impairment in obtaining Community Medicaid that allowed him and his wife to continue living together in a community. When the client’s disease progressed, helped him successfully enter a nursing home while protecting he and his wife’s assets, which allowed her to remain in the community.

  • Elder Law & Medicaid Planning

    Successfully prosecuted a Chronic Care Medicaid application and protected a modest amount of assets for a client. Also performed forensic accounting to assure no prior gifts would contaminate the client’s plan, helped the family avoid probate, protected life insurance and qualified funds, and reviewed and approved the Medicaid determination.

  • Elder Law & Medicaid Planning

    Helped an 88-year-old client remain in his home in the community by getting him Community Medicaid that paid for aide service and up to $45,000 in home improvements every three years. Protected the client’s home, the balance of assets, and secured rights for the client’s disabled daughter to be paid $11/hour to look after him.

  • Elder Law & Medicaid Planning

    Helped a paraplegic move into his daughter’s home, successfully obtain Community Medicaid, and obtain 24/7 care paid for by the Community Medicaid. Also secured rights for the client's daughter to charge him $3,500/month in rent. 

  • Environmental

    Represented Corelle Brands in an action under the Resource Conservation and Recovery Act (RCRA) as well as common law negligence and willful and wanton misconduct based on the placement of Corelle Brands' glass cullet on a neighboring property by co-defendant Doug Gross Construction, a hauler contracted by Corelle. Ultimately settled the action on favorable terms and avoided protracted motion practice and a likely trial.

  • Environmental

    Successfully defended action brought by a consortium of environmental groups challenging the environmental review and permitting conducted by the NYS Department of Environmental Conservation for the resumption of operations of a historically coal-fired electric generating facility on natural gas. Secured a successful outcome before the lower court that withstood appeal following the Appellate Division's granting of the motion to dismiss the appeal as moot.

  • Environmental

    Secured pre-action dismissal of CERCLA and related state laws related to a company's installation of gas and electric utilities with earth-moving equipment that resulted in a persuasive precedent for future cases regarding the appropriate pleading standard for CERCLA cases.

  • Environmental

    Successfully moved to reopen a default judgment that had been taken against a rigging company in a NYSDEC enforcement proceeding and then obtained the voluntary dismissal of the complaint by the agency at the close of discovery.  

  • Environmental

    Providing strategic advice to an energy storage projects developer on the replacement of more efficient and cleaner turbines at an existing generating facility, including securing the necessary permit modifications to enable the project to go forward and interfacing with NYSDEC and other state and local agencies to secure the necessary permits and approvals in a timely manner.

  • Environmental

    Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.

  • Environmental

    Serve as lead counsel regarding NY permitting for an interstate-pipeline company proposing to expand its existing infrastructure in Pennsylvania, New York, and New Jersey. 

  • Environmental

    Represents a residential hamlet and the Town of Pomfret to establish a water district and to finance improvements pursuant to NYS Town Law, including SEQRA compliance, governmental permitting, and USA Rural Development Agency finance. 

  • Commercial Litigation

    Successfully defended a multi-national corporation against a lawsuit claiming the operation of a 13,000+ acre underground mining operation had not been subjected to an adequate environmental impact review.

  • Financial Institutions & Lending

    Represented a federal credit union in the refinancing of over 10 multi-family properties in multiple NYS counties. The loan was secured by two mortgages and involved the assignment and consolidation of multiple prior mortgages with different lenders as well as substantial title and diligence review.

  • Financial Institutions & Lending

    Represents a money services business in regulatory and operational issues.

  • Financial Institutions & Lending

    Represents a local manufacturer in ongoing international financing issues.

  • Financial Institutions & Lending

    Represented a super-regional bank in its $13 million line-of-credit restructuring.

  • Financial Institutions & Lending

    Represents a super-regional bank in its $16 million multi-state financing.

  • Financial Institutions & Lending

    Represents a local food manufacturer in ongoing asset-based financing issues.

  • Financial Institutions & Lending

    Represented a bank in a construction loan involving mixed-use property in Rochester, New York. The $11 million transaction involved a SWAP component, negotiating borrower and guarantor recourse issues, and resolving title issues.

  • Financial Institutions & Lending

    Represented a super-regional lender in a $12 million+ loan involving the acquisition of an out-of-state assisted living facility. The closing was under an extremely compressed timeframe with multiple parties, and, given the fact that the collateral was out of state, various regulatory issues needed to be resolved. The transaction was successfully closed within the required time parameters.

  • Financial Institutions & Lending

    Represents a local entrepreneur in financing and structuring a $10 downtown business development. 

  • Financial Institutions & Lending

    Represents a local developer in financing and structuring a $10 million real estate development.

  • Prepared a HIPAA business associate manual for a Fortune 100 company's electronic medical record vendor and provided training.

  • Provided risk-management services to MLMIC-insured hospitals, clinics, nursing homes, surgery centers, physicians, and dentists. Also provided legal guidance to facilities and professionals on a wide range of organizational and patient care issues, including HIPAA and the disclosure of medical information under NY law, EMTALA, peer review, consent for treatment, professional liability, patient discharge/abandonment questions, and the scope of practice.

  • Successfully challenged improper Medicaid rates for an intellectual/developmental disability (I/DD) agency that was acquired by a larger agency. 

  • Designed corporate structures for an intellectual and developmental disabilities (I/DD) agency to facilitate the telehealth delivery of health care services.

  • Successfully challenged improper Medicaid rates for an intellectual/developmental disability (I/DD) agency that was acquired by a larger agency. 

  • Represented a state employee in federal civil-rights actions involving constitutional due-process issues and allegations of the denial of the First Amendment, due process, and Equal Protection rights, including allegations of rights violations by individuals under the auspice of the NYS Office of People With Developmental Disabilities (OPWDD) following investigations by the NYS Justice Center and the Department of Health (DOH).

  • Brought an Article 78 proceeding against the Office of Mental Health to eliminate COPS payment recoupments and negotiated a settlement where the client paid less than what was demanded.

  • Represented multiple health care industry employers who were former members of health care group self-insurance workers’ compensation trusts, defending multi-million claims brought by the NYS Workers Compensation Board and helping to recover substantial proceeds in multi-party lawsuits against the third parties responsible for the $188 million trust deficit. 

  • Corporate

    Represented a consortium of numerous local governments and not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.

  • Assisted a NYS care coordination organization (CCO) with health care compliance matters during its initial formation and once operational, including assisting with vendor contracting, reviewing data-use agreements and security attestations, corporate matters, HIPAA compliance and policies, and preparing a corporate compliance plan and related policies.

  • Represented behavioral health care providers in their formation of a Medicaid health home.

  • Corporate

    Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative, including assisting with corporate governance, contract negotiations, value-based payment agreements, and data privacy issues.

  • Corporate

    Represented a client in an $85 million transaction involving the sale of a large medical practice specializing in urology and radiation oncology to a captive medical practice controlled by a large regional hospital system together with all related real estate owned by entities affiliated with the practice. The real estate was purchased by a local developer and leased back to the captive practice pursuant to a master lease.

  • Corporate

    Represented a regional health information organization (RHIO) in developing the Statewide Health Information Network of New York (SHIN-NY), including research on cutting-edge privacy, security, and consent issues for governmental, public, and private collaborations. Continues representing the RHIO in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies. 

  • Corporate

    Represents an administrative data exchange in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.

  • Corporate

    Performed all legal responsibilities related to the $225 million development, construction, and financing of a children's hospital, including negotiating and preparing all development, design, and construction contracts and preparing all loan and real property documentation related to HUD-insured mortgage financing and EB-5 financing.

  • Cybersecurity

    Handled a HIPAA privacy breach for a provider involving disclosures to and settlements with the US Department of Health & Human Services Office for Civil Rights (HHS-OCR) and the NYS Attorney General. 

  • Successfully defeated a $1.6 million liability arising from an Office of Medicaid Inspector General (OMIG) finding that an intellectual/developmental disability (I/DD) agency documentation was insufficient to support reimbursement it received for services provided.

  • Served as counsel in a matter in which the NYS Department of Health (DOH) and the NYS Office for People With Development Disabilities (OPWDD) were responsible for funding the reasonable actual costs of administrative overhead in providing services under Medicaid.

  • Labor & Employment

    Served as counsel to a NYS Office of Alcoholism and Substance Abuse Services (OASAS) chemical-dependency treatment program in a case of first impression, creating precedent from a NYS appellate court that chemical-dependency-treatment clients who participate in licensed chemical-dependency residential treatment programs are not entitled to an eviction proceeding or substantive due process prior to discharge.

  • Real Estate

    Served as general counsel to a NY-based not-for-profit assisted-living provider, including licensing all four of its client residences and helping obtain ALR, enhanced, and special-needs licensure and certification. This included drafting a winning HEAL grant application, resulting in the client receiving $3.8 million from the NYS Department of Health (DOH) to build a new assisted-living facility with enhanced capabilities. 

  • Financial Institutions & Lending

    Assisted with the restructuring of all secured and unsecured debt related to the $25 million merger of two hospitals, including redeeming and reissuing civic facility bonds, coordinating consents from the PA and NY Departments of Health, and handling all real estate and title insurance work related to financing.

  • Insurance Coverage & Regulation

    Represented a large private university in Upstate New York on its rights to insurance coverage with regard to multiple sexual harrassment claims. 

  • Insurance Coverage & Regulation

    Successfully convinced the Illinois Appellate Court to uphold summary judgment in favor of the insurer client, holding that exposure under the state financial responsibility filing was limited to statutory minimums and not the policy limit.

  • Insurance Coverage & Regulation

    Worked with a Lloyd's coverholder to develop and draft a cutting-edge line of specialty accident and disability income policies.

  • Insurance Coverage & Regulation

    Successfully defended a coverage action, persuading the US Court of Appeals for the Sixth Circuit that the client's non-trucking exclusion barred coverage where the loss occurred while the insured driver was returning home after multiple deliveries for a motor carrier.

  • Insurance Coverage & Regulation

    Obtained summary-judgment dismissal of a complaint against the county and district attorneys that sought $9 million in damages for malicious prosecution. 

  • Intellectual Property Litigation

    Won a complete jury verdict victory of willful infringement of multiple patents and a $62 million judgment for a plaintiff, the patent owner and industry leader in coaxial cable connectors, against its leading competitor. The judgment was affirmed on appeal to the Federal Circuit (PPC Broadband, Inc. v. Corning Optical Communications RF, Inc. – (NDNY)). 

  • Labor & Employment

    Obtained summary judgment in a toxic-exposure and NYS Labor Law case with significant injuries claimed.

  • Labor & Employment

    Represented a staffing company in a disability discrimination and retaliation case in the US District Court for the Western District of Pennsylvania.

  • Labor & Employment

    Obtained a no probable cause determination for a fast-food restaurant in a race discrimination case before the NYS Division of Human Rights.

  • Labor & Employment

    Represented an industrial automation distributor against claims from four former managers for unpaid bonus compensation under the NYS Labor Law, breach of contract, and unjust enrichment. Settled with the plaintiffs on the claims, including protections for the company in connection with the sale of its assets to an unrelated third party.  

  • Labor & Employment

    Conducted a sexual harassment investigation for a human services provider that involved claims against a co-worker, supervisor, and the human resources department.

  • Labor & Employment

    Represented a fly fishing and braided line products manufacturer against a former executive who violated a restrictive covenant and disclosed trade secrets. Obtained a temporary restraining order and preliminary injunction enjoining the former executive from competing or soliciting clients and from disclosing trade secrets.

  • Labor & Employment

    Represented a hardware store against a seller who violated restrictive covenants for breach of contract, breach of the duty of loyalty, unfair competition, misappropriation of trade secrets, and other related claims. Settled with the defendants, agreeing to honor the restrictive covenant obligations and pay $35,000. 

  • Labor & Employment

    Represented a third-party staffing agency in third-party indemnification action related to an underlying race and national origin discrimination and retaliation case in the US District Court for the Western District of New York. Obtained judgment on the pleadings in the US Court of Appeals for the Second Circuit. 

  • Labor & Employment

    Obtained a favorable settlement for a rubbing flooring manufacturer in connection with a US Department of Labor (USDOL) investigation concerning claims by current and former employees for unpaid wages.

  • Labor & Employment

    Successfully represented a public charter school against claims of racial and gender discrimination, including preparing a detailed position letter to the Equal Employment Opportunity Commission (EEOC) and the NYS Division of Human Rights, participating in an investigatory conference, and submitting a summary letter. The court found no probable cause and dismissed the claims. 

  • Labor & Employment

    Drafted and negotiated an employment agreement for a not-for-profit CEO.

  • Labor & Employment

    Represented a dentist in connection with an audit CAP negotiation, negotiating a retroactive amendment spanning 28 years to conform the plan document to the operational practice, avoiding restorative contributions potentially in the seven-figure range.

  • Labor & Employment

    Obtained a dismissal of a disability discrimination case in the US Court for the Northern District of New York for a group of individuals. 

  • Labor & Employment

    Successfully represented a charter school in a case filed by a former employee alleging the school had violated various provisions of the NY Labor Law, including requiring kickbacks of wages. Obtained a dismissal of the claims for failure to state a claim for which relief could be granted. 

  • Labor & Employment

    Obtained a no probable cause determination for an employer in a disability and predisposing genetic characteristic discrimination and retaliation case.

  • Labor & Employment

    Obtained partial summary judgment worth $750,000 against two former cardiologists who violated their noncompetition agreements and successfully appealed to the NYS Appellate Division, Fourth Department for attorney’s fees worth an additional $200,000.

  • Labor & Employment

    Obtained summary judgment for a childcare provider in an age discrimination and retaliation case, and subsequently prevailed on appeal.

  • Labor & Employment

    Obtained a no probable cause determination for an addiction treatment center in a gender, conviction record, and parolee status discrimination case before the NYS Division of Human Rights.

  • Labor & Employment

    Obtained a no probable cause determination for a behavioral health provider in a disability discrimination case before the NYS Division of Human Rights. 

  • Labor & Employment

    Represented an equipment contractor in a claim from a trustee for benefit contributions to union benefits fund, resolving the claim for substantially less than the claimed damages.

  • Labor & Employment

    Represented a clothing consignment store before the Unemployment Insurance Appeal Board in a successful appeal of the decision of an administrative law judge.

  • Labor & Employment

    Represented a behavioral health provider in a sexual harassment and retaliation case, obtaining a no probable cause determination.

  • Labor & Employment

    Represented a company in an appeal of unemployment insurance benefits with the NYS Department of Labor (DOL) claiming that independent physicians and all others in similar roles were employees. 

  • Labor & Employment

    Obtained a no probable cause determination for a behavioral health provider in a race and criminal conviction discrimination and retaliation case.

  • Labor & Employment

    Obtained a no probable cause determination for an addiction treatment center in a gender discrimination and retaliation case.

  • Labor & Employment

    Obtained a no probable cause determination for a public university in an alleged race and national origin discrimination case before the NYS Division of Human Rights.

  • Land Use & Zoning

    Successfully obtained critical variances for a developer from the City of Buffalo Zoning Board of Appeals for a proposed medical office building despite intense opposition from adjacent property owners.

  • Mass & Toxic Torts

    Defended complex mass tort cases through trial that involved deceased plaintiffs. Through intensive investigation, successfully refuted the plaintiffs’ witnesses' testimony, resulting in the dismissal of the case against the client.

  • Mass & Toxic Torts

    Obtained summary judgment for a roofing manufacturer in a living mesothelioma case with only two viable defendants and a $1.5 million settlement demand, saving the client the cost of trial and a potentially large adverse verdict.

  • Mass & Toxic Torts

    Secured a voluntary dismissal for a plumbing contractor in a mesothelioma case involving a young plaintiff with young dependents. The result was based on extensive research and analysis of historical government records to confirm the client was not involved in the construction project at issue and extensive negotiations with opposing counsel. Saved the client the cost of a dispositive motion and potentially dangerous trial verdict.

  • Mass & Toxic Torts

    Successfully obtained summary judgment for a manufacturing client in an asbestos matter where the plaintiff sought to rely on inadmissible hearsay. The case decision is now routinely relied upon by defendants in NYS asbestos litigation. 

  • Mass & Toxic Torts

    Obtained summary judgment to dismiss the plaintiff's complaint in a lead poisoning case brought against an insured homeowner client based on the client's lack of notice of a potential hazard in the property. Following the dismissal of the complaint at the trial court level, successfully defended the plaintiff's appeals to the Appellate Division and NYS Court of Appeals.

  • Mass & Toxic Torts

    Secured a voluntary dismissal for a school bus manufacturer in a mesothelioma case based upon extensive research and analysis of the company's complex corporate history and transactional documents, government sales records, and legal analysis to establish that the client was not liable for the product at issue. Avoided a costly summary judgment motion and established precedential discovery responses and materials for the client to use in defending future litigation.

  • Successfully prosecuted an Article 78 proceeding on behalf of local media (both newspaper and television news organizations) to obtain public records (surveillance video recordings) concerning an assault by law enforcement officers against an unarmed detainee in prison cell block.

  • Professional Liability

    Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center.

  • Real Estate

    Represented a seller in a $20.5 million sale of a retail shopping center in Myrtle Beach, South Carolina, that was a relinquished property in a 1031 exchange. 

  • Restructuring, Bankruptcy & Creditors' Rights

    Successfully opposed portions of a motion to approve bidding procedures for a sale of assets.

  • Restructuring, Bankruptcy & Creditors' Rights

    Assisted a receiver in liquidating the assets of a garbage collection business and handling environmental and wage issues connected to the business. Assisted the receiver in collecting over $2.5 million, which resulted in full payment to all secured creditors with a small dividend to unsecured creditors.

  • Real Property Tax & Condemnation

    On behalf of the New York Land Bank Association, drafted five successful amendments to Article 16 (The Land Bank Act) of the Not-For-Profit Corporation Law that were signed into law by Gov. Andrew Cuomo.

  • Torts & Products Liability Defense

    Represented a building owner in a trip-and-fall case involving a 25-year patient of the tenant doctor who allegedly tripped over the hallway runner when exiting the building and whose last demand was for $250,000. The jury found the condition of the vestibule was safe, finding in favor of the client.

  • Torts & Products Liability Defense

    Successfully defended a supermarket chain in a premises liability claim for an injury in a grocery store that was affirmed on appeal.

  • Torts & Products Liability Defense

    Successfully defended a $170,000 claim by a utilities company for damage to equipment during a construction project.

  • Torts & Products Liability Defense

    Successfully defended defendants in multiple complex construction-related accidents, including defending claims under Labor Law § 240, with verdicts taken through trial.

  • Torts & Products Liability Defense

    Successfully prosecuted appeals to the Appellate Division, Fourth Department and secured summary judgment in favor of an insurance company where the client did not owe any duty to the injured plaintiff.

  • Torts & Products Liability Defense

    Defended a utility in a $1 million personal injury action allegedly resulting from a failure to provide municipal lighting.

  • Labor & Employment

    Successfully obtained a dismissal of a premises liability action against an insurance company after the trial in which the plaintiff sought over $1 million in damages. 

  • Trusts & Estates

    Effectuated a client's estate plan to shield all $3 million in assets from long-term-care planning costs, effectively using a disclaimer and renunciation to minimize income taxes and to minimize the use of IRA distributions to pay for nursing home care.

  • Trusts & Estates

    Working with the trustee of a revocable trust with 30-plus beneficiaries. In addition to traditional assets, the trust owns several million in antiques that must be strategically sold over a period of time so as not to artificially deflate their market value. A large number of beneficiaries are charitable organizations taking a residuary portion of the trust estate.

  • Trusts & Estates

    Reconciled the accounting of a $200,000 estate for distribution. 

  • Trusts & Estates

    Handled the sale of a closely held business' $3.5 million of stock to an intentionally defective grantor trust by two brothers.

  • Trusts & Estates

    Created a complex estate plan for clients with closely held real estate businesses. Restructured and modified the ownership of business interests to accomplish estate planning objectives and avoid potential income tax issues.

  • Trusts & Estates

    Successfully secured a settlement payment to a $15 million estate from the marital trust for payments owed to the decedent. Resolved a federal estate tax audit and guided clients through a difficult estate administration involving illiquid assets.

  • Trusts & Estates

    Worked with high-net-worth clients with $9 million in assets on their estate plan, effectively crafting wills and utilizing trusts to avoid up to approximately $600,000 in NYS estate taxes.

  • Trusts & Estates

    Handled estate planning for a $6 million estate, including drafting the last will and testaments, health care proxies, and powers of attorney.

  • Trusts & Estates

    Implemented a gifting plan for closely held business interests to the children involved in running the business. Restructured the ownership of assets between spouses to effectively utilize estate tax exemptions and updated the estate plan to accomplish business objectives and establish revocable trusts to avoid potential ancillary probate issues.

  • Trusts & Estates

    Prepared estate planning documents for a $1.7 million estate, including drafting of last will and testaments, health care proxies, and powers of attorney.

  • Trusts & Estates

    Facilitated the transfer of assets for a couple to an intentionally defective grantor trust to shield the assets from estate taxes.

  • Trusts & Estates

    Prepared estate planning documents for a couple, including wills, health care proxies, and powers of attorney. 

  • Trusts & Estates

    Settled two complicated testamentary trusts, including appointing trustees nunc pro tunc and decanting one testamentary trust.

  • Trusts & Estates

    Represented a 57-year-old woman who was alleged to be incapacitated against an application under Article 81 of the Mental Hygiene Law. The petitioner obtained an improper temporary order effectively imposing a plenary guardianship on an ex parte basis in deprivation of the client's constitutional rights to due process. Successfully lifted the guardianship and achieved a global settlement of both personal needs and property management issues without the drastic measure of plenary guardianship structure.

  • Trusts & Estates

    Probating a will in a contested estate that involved an estate claim against a corporate trustee for the improper payment of income to an improper beneficiary for 10 years. 

  • Trusts & Estates

    Created an estate plan for a client whose husband passed away and is currently the subject of a wrongful-death lawsuit. Tailored the plan to the client's individual family needs and unique assets.

  • Trusts & Estates

    Administering a $10 million taxable estate, including extensive real estate holdings in a contested estate with a lost will and potential right of election. 

  • Trusts & Estates

    Represented a client with significant claims against the executor of the estate for a deceased relative with an insolvent estate, including negotiating the sale of closely held real estate business interests to settle the claim, effectively bypassing creditors with superior claims against the estate.

  • Trusts & Estates

    Working with clients on the administration of an estate with multiple properties and liquid assets. Successfully oversaw the contentious distribution of tangible personal property among estate beneficiaries. 

  • Trusts & Estates

    Handled probate proceedings for a $150,000 estate, including conducting familial history research in search of intestate distributees of the decedent to file an affidavit of due diligence. 

  • Trusts & Estates

    Settled an estate and trust involving NYS and federal estate tax audits, a real property sale by closely held businesses using a like-kind exchange, a settlement with a family member to resolve claims related to the trust distribution and redemption out of businesses, and a settlement with a beneficiary with debt owed to a related business.

  • Trusts & Estates

    Settled an estate involving a fiduciary qualification contest, including handling issues with an ineffective residuary disposition to a non-existing charitable remainder uni-trust with a corresponding NYS Department of Tax & Finance ramification on charitable deduction availability; construction issues relating to the application of an in terrorem clause for purposes of the fiduciary-beneficiary's interest in the estate proceeding; and issues involving appeals pending for commercial litigation before the time of the decedent's death related to the closely held business interest and sale to a purchaser now in bankruptcy proceedings.

  • Trusts & Estates

    Formulated and implemented a complex estate plan for a retired executive of a publicly-traded company with $50 million in publicly traded stock holdings. Implemented generation-skipping tax planning through the use of trusts for his children, achieved tax efficiencies through creating intentionally defective grantor trusts (IDGTs) for his children, created zeroed-out grantor-retained annuity trusts (GRATs) to make additional gifts after using up lifetime exemptions, and implemented a sale of a closely held real estate LLC on a discounted basis to further reduce the taxable estate size.

  • Trusts & Estates

    Prepared objections of accounting for a client's parents' two trusts and his mother's estate.

  • Trusts & Estates

    Settled a $19 million estate involving NYS and federal estate tax matters, including a sale by a closely held business, a sale of private equity and venture capital positions, managing a closely held business, and working show-dog kennels during the administration. 

  • Trusts & Estates

    Implemented changes to an estate plan for high-net-worth clients with $17 million in assets following their relocation to Florida, including outlining recommendations to confirm the change of domicile, creating a plan regarding their homestead property, and trust planning for one child.

  • Trusts & Estates

    Worked with high-net-worth clients with $11 million in assets on their estate plan, effectively crafting wills and utilizing trusts to avoid up to approximately $900,000 in NYS estate taxes.

  • Trusts & Estates

    Settling a $43 million estate, including buying out a minority shareholder, settling various trusts and the fiduciary of a deceased fiduciary, and estate planning for the sole beneficiary.  

  • Corporate

    Assisted a client with converting a Family Limited Partnership (FLP) set to dissolve into an LLC designed to hold and manage the family's recreational property. Worked with the client and their family to design a tailored operating agreement that would transition from manager-management to eventual member management as property passed through several family generations.

  • Corporate

    Created a complex estate plan for Native American clients with $20 million in assets, including balancing issues with treaty exclusions from a restriction on transfers perspective and federal estate and transfer tax exemptions, restructuring assets, handling issues for the succession of closely held business interests operating on restricted lands, and restructuring holdings into LLCs.

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