Hurwitz & Fine, P.C. provides employment, contract, business disputes & dissolutions, and commercial litigation assistance for businesses of all types and sizes.
Our practice areas include:
Business & Commercial Litigation
Our attorneys are dedicated to providing high quality, cost effective and pragmatic business-oriented solutions to commercial litigation matters. We handle a wide range of business disputes including partnership disputes, shareholder disputes, breach of contract, business/partnership dissolution cases, and issues related to covenants not to compete. Our attorneys appear before state and federal courts and administrative agencies throughout the state.
Our ability to utilize the expertise of our corporate department allows us to maximize our efforts on our client’s behalf, to contain costs and enhance our effectiveness. We utilize arbitration and mediation as appropriate means of dispute resolution. Our attorneys are regularly engaged in regulatory matters, insurance coverage issues, contractual disputes and other business litigation matters.
Employment Litigation Defense
Hurwitz & Fine, P.C. attorneys are regularly engaged in the defense of employers in the full range of litigated matters. We also regularly represent employers in front of state and federal regulatory agencies. See the firm's Employment law practice group description here.
Hurwitz & Fine, P.C. attorneys are experienced in the full range of representation of contractors, subcontractors, owners, architects, engineers and construction managers. Our attorneys are regularly engaged in construction contract and subcontract drafting and review, breach of contract issues, contract and worksite risk management assessments. Firm attorneys have extensive experience in handling the defense of alleged OSHA and other regulatory violations as well as construction defect and negligent design claims. We regularly provide training and assistance in claims handling, risk management, contract administration and document preparation. Firm attorneys are also regularly engaged in property development and acquisition, as well as real estate and equipment financing and leasing.
We are experienced in filing and handling the defense of payment claims, mechanics’ liens, payment and performance bond claims, as well as litigation and backcharge disputes between owners, contractors, subcontractors and suppliers, and with governmental and procurement agencies such as County of Erie, City of Buffalo, New York State Department of Transportation, New York State Dormitory Authority, and New York State Thruway Authority. Firm attorneys are also regularly engaged in mediations and arbitrations on construction related matters.
Healthcare Litigation Counseling & Defense
Hurwitz & Fine, P.C. has developed a unique multidisciplinary practice that combines the distinct insight of our health law corporate attorneys with the comprehensive regulatory and litigation experience of our healthcare litigation attorneys. Our corporate attorneys are extremely well versed in the establishment of practice groups and in risk management strategies for healthcare providers and our litigation attorneys are regularly engaged in the defense of medical professionals in malpractice, credentialing and investigative issues.
Our attorneys have extensive experience representing healthcare professionals in investigations of professional misconduct by OPMC, OPD and other regulatory bodies from inception through hearings. We have significant experience defending healthcare professionals in investigations of Medicare and Medicaid fraud and abuse by the U.S. Department of Justice and the N.Y.S. Attorney General’s Office. We also have extensive experience defending healthcare professionals in credentialing and licensure matters, including Fair Hearings, requests for relief from discipline and relicensing applications. We routinely coordinate the defense of licensed professionals in misconduct actions with counsel in other licensing jurisdictions. Hurwitz & Fine, P.C. attorneys also have experience in defending healthcare professionals in actions by third party payors alleging improper billing practices and breach of contract.
Administrative Regulatory Compliance
We have extensive experience in business litigation and related regulatory areas including the representation of brokers in disciplinary hearings and arbitrations involving alleged account churning and mismanagement, defense of professionals in alleged fraud actions and in matters alleging breach of fiduciary duty. The firm has acted as advisory counsel to numerous self-insured and corporate clients. In that capacity, we have advised on issues of identifying, controlling and limiting potential claims, the defense of existing suits and in obtaining appropriate insurance coverage.
The firm has successfully litigated securities actions in New York State and federal courts and in arbitrations involving issues of appropriate disclosure, classification of securities, claims of fraud and the conduct of brokers and registered representatives. We have defended brokerage firms and registered representatives in state and federal court, and in mediations and arbitrations locally and in New York City before FINRA self-regulatory organizations (SROs). In this role, we value and work with company legal and regulatory counsel in reviewing, defending and resolving claims. We have also acted as direct local counsel to an investment brokerage firm for their branch specific litigation, business and employment matters.
Hurwitz & Fine, P.C. devotes a significant part of its practice to business and corporate matters, advising clients on a wide variety of legal issues for a diverse business clientele. The firm has extensive experience representing clients in all aspects of forming and organizing business entities and arrangements, developing governance structures and procedures, and assisting in the resolution of internal and external disputes. Further, the firm regularly advises on succession and transition planning for businesses as well as restructuring, mergers and acquisitions, and associated business valuation issues.
We regularly represent clients in a wide variety of contract matters including analysis, negotiation and drafting of agreements, as well as assisting in the resolution of contract disputes and proceedings. Notably, commercial disputes may relate to covenants not to compete and confidentiality restrictions, shareholder and owner conflicts, and other third-party proceedings. The firm also advises clients on finance concerns including business relationships with third-party lenders and other financial institutions.
The firm has taken a leading position in Western New York in Health Law. Frequently involved in matters pertaining to managed care, practice governance, HIPAA compliance, employment issues, financial audits, and hospital affiliations, Hurwitz & Fine, P.C. has considerable experience with the complex interrelation among private medical practices, third party payers, hospitals and governmental oversight agencies. It has established physicians, dentists, and other health sciences practitioners in various types of corporations, partnerships, limited liability companies, and other ventures and counsels them regularly on business issues pertaining to their professional practice.
Hurwitz & Fine is familiar with all areas of law relevant to successfully operating a professional medical business including practice consolidations and mergers, asset sales, practice structures, staff and physician benefits planning, medical staff matters, HIPAA compliance, confidentiality issues, medical records, licensure, credentialing issues, physician recruitment, community service planning, tax planning, retirement planning and civil controversy work.
We have successfully negotiated capitation contracts with local health maintenance organizations on behalf of our clients for the provision of specialty care and primary care services, and have experience in negotiations with regional and national practice management companies, third party administrators and insurance companies.
We recognize that changes in the Health Law field have a profound and often unanticipated legal and business implication, requiring a comprehensive approach. That is why we established a multi-disciplinary group called the Health Law Group several years ago to better serve the needs of our clients. The Health Law Group works cooperatively to find solutions to legal issues.
The Hurwitz & Fine e-mail publication Health Law Pointers was created to help keep our clients informed of the latest developments in this ever-evolving field. We summarize information from various news sources and provide tips that are of particular interest to physicians. In addition to patient issues, we include information on legislative, governmental and judicial decisions. Back issues and registration options are available on our website.
Healthcare Practice Formation
Hurwitz & Fine, P.C. serves as legal counsel to multi-specialty physician organizations across Western New York and has assisted in the structure and formation of ambulatory surgical centers. Hurwitz & Fine, P.C. has also assisted in the formation and operation of physician-owned management services organizations and physician-owned single and multi-specialty IPAs. Our involvement with each group began with its organization and required us to consider, research and resolve legal and business issues pertaining to formation, the legal aspects of business relationships in healthcare settings, as influenced by state and federal tax, exempt organization, fraud and abuse, fee splitting and anti-kick back laws, and the very important area of anti-trust considerations.
Hurwitz & Fine, P.C. has extensive experience advising employers on personnel issues, defending employers in federal and state employment litigation, arbitrating claims and disciplinary actions under collective bargaining agreements, and drafting and negotiating employment agreements and employment terminations. Given the current emphasis in society on employee claims against employers, we believe businesses must re-evaluate their personnel procedures, employee handbooks and the method and implementation of progressive discipline contained in such policies periodically to reduce their potential exposure.
Employers must be also sensitive to the risks of potential liability exposure when making decisions regarding an employee's position within the organization, and we have provided risk management counsel to employers in this regard. Hurwitz & Fine, P.C. attorneys have provided training in employment and labor law to insurance companies, corporations, partnerships and other business organizations and have written extensively on this topic.
We also assist our clients in the defense of various labor and employment matters including:
- Representing employers before the New York State Division of Human Rights, Equal Employment Opportunity Commission, as well as state and federal courts.
- Representing employers before the New York State Unemployment Insurance Division and Unemployment Insurance Appeal Board, Workers' Compensation Board, and some representation at Public Employment Relations Board.
- Representing employers before the New York State and Federal Department of Labor (labor audits, wage and hour audits, employment of minors and all other enforcement regulations).
Hurwitz & Fine, P.C. attorneys are also knowledgeable in all areas of discrimination litigation including:
- Race and ethnic origin;
- Age discrimination under state law and Age Discrimination in Employment Act;
- Disability claims under state law and the Americans With Disabilities Act;
- Title VII claims including gender discrimination and sexual harassment claims;
- Sexual orientation issues, HIV and AIDS status;
- Family Medical & Leave Act;
- Retaliation claims;
- Religious discrimination claims.
Hurwitz & Fine, P.C. attorneys regularly advise employers in issues of New York State Disability Benefits Law, federal COBRA continuation rights and HIPPA, termination/substitution of group health/accident insurance, conversion of life insurance, ERISA benefits and tax issues, breach of employment contracts and covenant not to compete litigation.
Clients are also advised in the handling of exit interviews and other risk management issues, including insurance coverage under traditional policies and Employment Practices Liability Insurance Policies ("EPLI"). We are panel counsel to certain insurance companies and represent their insureds under EPLI policies.
Additionally, several of our attorneys have served as court appointed arbitrators or mediators in resolving disputes.