Legal Alerts

The agency has the burden to demonstrate that the requested material falls squarely within a FOIL exemption by articulating a particularized and specific justification for denying access, otherwise disclosure is compelled. Conclusory assertions are insufficient to deny access. Alternatives must also be considered, such as providing summaries of factual data or the records with the challenged information redacted.

Hurwitz & Fine litigation attorney Anastasia McCarthy was honored at the second annual IDEA (Inclusion Diversity Equity Awareness) Awards presented by Buffalo Business First on Thursday, March 3, 2021, for her efforts in championing diversity & inclusion.

What does federal and state guidance say about safety and quarantine protocols for those employees who have been fully vaccinated?  Hurwitz Fine's Labor & Employment Team 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. 

Hurwitz Fine Labor & Employment Attorneys answers to some of the most frequently asked questions from the employer’s perspective on the paid sick leave law. 

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.

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? 

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

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

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.

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.

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.

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.

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.

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

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.

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.  

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.  

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.

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.

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."