Legal Alerts

Business & Commercial Litigation Department Head Andrea Schillaci was recently interviewed on AM Buffalo for her involvement as President of the Buffalo-Niagara Chapter of the National Association of Women Business Owners (NAWBO). The interview focused on International Women's Day and how NAWBO helps increase opportunities and celebrate business successes for women in the Western New York area

Hurwitz & Fine's Chris Potenza and Alice Trueman were recently published in the New York State Bar Association's News Center for their analysis on the expansion of damages in cases of emotional pain and anguish in wrongful death suits.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 25, 2022 Law360 article, "NY Gov. Signs Amended Insurance Disclosure Law" by Ben Zigterman. In the article, Dan provides his expert opinion on the recently amended Insurance Disclosure Law recently signed by Governor Kathy Hochul.

The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021.  While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.

Hurwitz & Fine President/Managing Partner Jody E. Briandi was recently appointed to the 2022 Amherst Chamber of Commerce Board of Directors during the Chamber’s Annual Meeting, for a term of three years. In this role, Jody will join area business leaders in helping the Chamber to advance its mission of nurturing a strong economic base, maintaining a high quality of life and promoting sound public policy for the Western New York region.

Cannabis Law and Business attorney Alexis M. Florczak was recently quoted in the February 11, 2022 Buffalo Business First article, "Would-be cannabis businesses, be warned: New York state sends clear message on 'gifting' weed." The article delves into the issue of business owners "gifting" cannabis to customers and the legality of the exchange, with Alexis offering her expert opinion on the subject.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 2, 2022 Law360 article, "NY Lawmakers Amending Defendant Insurance Disclosure Bill" by Ben Zigterman. In the article, Dan explains his viewpoint on the amendments proposed in the new bill and why he doesn't find CIDA necessary.

The New York State Legislature recently expanded the “party admission” exception to the rule against hearsay to permit the admission of adverse statements of any employee if the statement was made about a matter within the scope of employment and made during the existence of the employment relationship.  Litigation attorney Nicholas J. Heintzman advises that employers carefully structure their accident response measures to mitigate the impact of this new rule.

Founded in 1977, Hurwitz & Fine continues to grow with more than 40 attorneys in the Buffalo area and more than 50 in total across New York, Florida and Connecticut.

A newly proposed law in the New York State Senate would provide a one-year lookback window for adult survivors of sexual assault passed the Senate Judiciary Committee this week.  CVA attorney Anastasia M. McCarthy advises.

Hurwitz & Fine Insurance Coverage Attorneys Dan Kohane and Ryan Maxwell are closely monitoring the new Comprehensive Insurance Disclosure Act (“CIDA”), which took effect on December 31, 2021. They have assembled a helpful, one-page summary of these disclosure requirements, available for download.

Insurance Coverage Attorney Dan D. Kohane was quoted in a January 4, 2022 Law360 article, "NY To Require Greater Insurance Details From Defendants" by Ben Zigterman.

In the face of another pandemic surge, New York Governor Kathy Hochul has signed legislation (S1780C) to reinstate remote notarization.

In the face of another pandemic surge, New York Governor Kathy Hochul has signed legislation (S01780) to reinstate remote notarization. 

Labor & Employment attorney Joseph S. Brown provides an update on the OSHA COVID-19 mandate and what this means for New York private employers with one hundred or more employees. 

Covid-19 has yielded a significant amount of personal injury litigation against health care institutions and individual providers.  In response, the federal government and many state governments have passed statutory immunity from civil and/or criminal liability for health care provided during the pandemic.  

The COVID-19 pandemic instigated a wave of legislation in New York state targeted at nursing homes. Hurwitz Fine explores the implications and practicalities of this legislation rollout for facilities, and the potential impact that these new regulations may have on future litigation.

Employers have been complying with New York State’s Paid Family Leave Act (“PFL”) since 2018.  PFL mandates time off for employees to care for family members with serious health conditions, among other reasons.  Last month, Governor Hochul enacted an amendment to PFL, to expand the definition of covered family members. Labor and Employment attorney Katherine L. Wood expands on this.

With social media being a dominant force in our lives today, that desire for likes and followers can have a drastically negative impact on a plaintiff’s claim.  Our Long Island attorney Jesse Siegel provides some guidance on how to maximize social media discovery in defending your claim.