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Colm primarily concentrates his practice on commercial litigation, construction litigation, and torts and insurance-litigation matters. He represents corporations, partnerships, individuals, and school districts in a variety of matters, including negligence and liability claims as well as commercial litigation matters related to breach-of-contract claims.

For health care providers, Colm provides guidance and compliance checks for Medicaid providers subject to Office of Medicaid Inspector General (OMIG) audits and works with providers to minimize exposure from Medicaid for claims of overpayments. He also represents providers and employees subject to NYS Justice Center civil and criminal abuse and neglect investigations, including investigations into deaths and serious injuries involving developmentally disabled individuals.


Representative Experience

  • First-chaired a bench trial representing a municipal housing authority in a suit against its former executive director for rescission of contract and breach of fiduciary duty. The trial resulted in a judgment requiring the defendant to repay the entirety of compensation she received during 19 months of employment as the executive director.
  • Second-chaired an OMIG administrative hearing defending a health care provider from a claim for over $2 million in alleged overpayments. The hearing resulted in the complete dismissal of the OMIG’s claim for overpayments.
  • First-chaired a jury trial defending a drilling and blasting contractor against a claim for property damage. The jury returned a no-cause defense verdict.
  • Represented owners of a lifestyle and entertainment agency in an arbitration proceeding against a former employer concerning the breach of a separation agreement. The arbitrator awarded all owners separation payments and attorneys’ fees totaling over $400,000. The arbitrator’s award was confirmed by the NY Supreme Court.
  • Assisted in obtaining an injunction on behalf of energy-service companies, delaying the implementation of NYS Public Service Commission (PSC) rule until the completion of the public comment and review period.
  • Represented a psychologist in an Article 78 proceeding challenging the Justice Center’s refusal to disclose an investigative file in an administrative proceeding challenging a substantiated abuse finding.
  • Reclaimed a website for a client in an UDRP proceeding against a cyber-squatter.
  • Obtained temporary restraining orders and injunctions for providers subject to immediate exclusion from Medicaid, permitting providers to continue operations during pendency of the administrative proceeding.
  • Represented the Albany County Airport Authority in an Article 78 proceeding challenging an award of a concessionaire contract.
  • Obtained an injunction prohibiting the NYS Workers’ Compensation Board from suspending a physician’s ability to render treatment and care to injured workers.
  • Represented owners, contractors, and sub-contractors in connection with construction litigation in actions related to mechanics’ liens, breach-of-contract claims, public bidding, labor law, insurance, indemnity, construction disputes, and design-related issues.
  • Representing nationwide hospital and health care provider and its entities in suit brought by former nurses and doctors regarding retirement and agreed-upon pension.

Prior Experience

  • Bond, Schoeneck & King, PLLC, Associate

Selected Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Business Litigation, 2015–2023

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We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

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