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Legal Alerts

Nicholas J. Heintzman Joins Hurwitz & Fine as a Litigation Associate

Monday, March 1st, 2021

Nicholas J. Heintzman has joined Hurwitz & Fine as an attorney in the firm’s Litigation Department. He focuses his practice on general liability and tort defense, including premises liability and transportation and automotive liability.

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My Employee is Fully Vaccinated: Now What?

Thursday, February 25th, 2021

What does federal and state guidance say about safety and quarantine protocols for those employees who have been fully vaccinated?  Attorney Joe Brown addresses those questions and provides a reminder about consistently applying health and safety protocols in the light of increased enforcement activity by federal and state authorities. 

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NYS Paid Sick Leave: 9 Frequently Asked Questions (and Answers)

Wednesday, February 24th, 2021

Labor & Employment Attorney Katherine Wood provides answers to some of the most frequently asked questions from the employer’s perspective on the paid sick leave law. 

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Six FAQs About Employer COVID-19 Vaccination Policies in New York

Wednesday, February 24th, 2021

The development and distribution of COVID-19 vaccines late last year has offered a glimmer of optimism for businesses hoping to return to “normal” in 2021.  But how will the increased availability of COVID-19 vaccines impact the workplace?  Labor & Employment Attorney Joe Brown provides answers to six commonly asked questions about COVID-19 vaccination policies.

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Sequestering Plaintiffs During Depositions in Fraud Cases

Friday, February 12th, 2021

Most policies provide language requiring that examinations under oath are to be conducted separately, while not in the presence of any other insured. But what about when claims are litigated that were denied based on fraud related defenses—are the plaintiffs sequestered from one another during depositions? 

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Virtual Notary Public and Witnessing of Estate Documents Continue Under NY Pandemic Relief Executive Orders

Thursday, February 4th, 2021

Attorney Carly M. Speyer updates on the status of virtual notary public and witnessing of estate documents under NY Pandemic Relief Executive Orders.

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Construction Managers, Are You Exposing Yourselves to Labor Law Liability?

Wednesday, February 3rd, 2021

Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.

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Five Recent Employment Law Developments Under the Biden Administration

Friday, January 29th, 2021

The inauguration of a new president usually brings changes in senior leadership, legislative priorities, and regulatory policy, particularly in the area of labor and employment law.  Within the past week, President Biden has signed several executive orders, filled key positions, and announced other policy shifts that are likely to impact the workplace in the areas of safety, LGBTQ protections, labor laws, pandemic response, and immigration.  This alert discusses five recently announced developments that may impact your workplace in the months to come.

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NYS Expands Employers’ Obligation to Provide COVID-19 Leave

Wednesday, January 27th, 2021

On January 20, 2021, the New York State Department of Labor issued guidance that expands employers’ obligations to provide paid leave under the NYS COVID-19 leave law.  Particularly, the new guidance addresses employer-mandated leaves related to COVID-19 and situations where an employee tests positive for COVID-19 multiple times.

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New York Civil Practice Update: Understanding Administrative Order 270.20 and the Substantive Changes to the Uniform Civil Rules for the New York Trial Courts

Tuesday, January 26th, 2021

Beginning February 1, 2021, many substantive and notable revisions to the Uniform Civil Rules for the New York Supreme and County Courts will take effect pursuant to Administrative Order 270/20 issued by Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts. The order contains 29 additions and revisions that borrow heavily from both the Rules of the Commercial Division of the Supreme Court as well and the Federal Rules of Civil Procedure.

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Evan Bussiere Appointed Chairman of the Board of the Cheektowaga Chamber of Commerce

Tuesday, January 19th, 2021

Hurwitz & Fine Attorney Evan Y. Bussiere was recently appointed Chairman of the Board of the Cheektowaga Chamber of Commerce, after serving as Chairman-Elect for the past year.

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Top 10 Steps to Minimize Employment Liability and Litigation in 2021

Monday, January 18th, 2021

As we usher in the new year, employers are faced with continuing challenges due to COVID-19 disruptions, remote working, uncertainty with COVID-19 vaccinations, new employment laws, and the increasing demands of a workplace under stress. While employers’ responses to these demands require more attention than ever, the foundation of strong employment practices will remain familiar in many ways and this framework will help you minimize your risk of being sued.

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Hurwitz & Fine Ranks as Eighth Largest Buffalo Law Firm

Friday, January 15th, 2021

Hurwitz & Fine is listed as the #8 Largest Buffalo Law Firm as ranked by Business First, for the second year in a row. 

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Amherst Bee: Hurwitz & Fine to review 2020 employment litigation, advise businesses on future

Wednesday, January 13th, 2021

Labor & Employment Attorney Joseph S. Brown was featured in the Amherst Bee on January 13, 2021, discussing the upcoming Hurwitz & Fine webinar "Employment Litigation Update: A Review of 2020 and What's Ahead" in partnership with the Amherst Chamber of Commerce.

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Scott D. Storm Joins Hurwitz & Fine as an Insurance Coverage Member

Thursday, January 7th, 2021

Scott D. Storm has joined Hurwitz & Fine, P.C. as a member in the Insurance Coverage practice group.  Scott has over 20 years of legal experience handling insurance coverage and defense litigation, including special investigation matters.  

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Contractual Indemnification in Labor Law §§ 240(1) and 200 Cases and the Different Applications Between Construction Contracts and Leases

Wednesday, January 6th, 2021

This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.  

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COVID-19 Update: New Guidance from NYS on Shortened Quarantine Timeline and Handling Quarantine Leave Following Expiration of the FFCRA

Wednesday, December 30th, 2020

This alert summarizes the updated NYS guidelines and the implications for employers with respect to paid leave under NYS COVID-19 Paid Sick Leave and the federal Families First Coronavirus Response Act (FFCRA), which was not extended beyond December 31, 2020.

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First Connecticut Court to Rule Finds COVID-19 Business Income Claim Not Covered

Wednesday, December 23rd, 2020

In a case of first impression, a Connecticut federal court held that a standard virus exclusion precludes coverage for claims of COVID-19-caused business income loss. The insured argued that the loss was caused by stay-at home orders, not the virus, but the court rejected that argument finding that the executive orders were inseparable from the virus itself.

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NRRDA: New York Appellate Court Shoots Down Retailer's Claim of Immunity in Firearm Ammunition Sale

Wednesday, December 23rd, 2020

General Liability Defense Attorney Brenna C. Gubala was featured in the National Retail and Restaurant Defense Association's (NRRDA's) December newsletter for her article "New York Appellate Court Shoots Down Retailer's Claim of Immunity in Firearm Ammunition Sale."

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EEOC Releases Guidance on COVID Vaccine: Six Key Employer Considerations

Tuesday, December 22nd, 2020

As we look forward to a widely available COVID-19 vaccine (and a potential return to normalcy), employers may be considering mandating that their employees get vaccinated.  However, there are important Americans with Disabilities Act (“ADA”), Title VII, and Genetic Information Non-Discrimination Act (“GINA”) implications that employers must consider.

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