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.
Our business and tax attorneys are experienced in structuring business, loan and/or real estate transactions from the most advantageous tax position for our clients. The firm has experience in registering qualified exempt organizations and charities, as well as setting up new businesses with the appropriate tax program. We can assist in the development and maintenance of coherent employee benefits programs that ensure compliance with state and federal taxation laws. We represent our clients before the Internal Revenue Service and New York State Department of Taxation and Finance on audit matters pertaining to income, sales and corporate franchise taxes.
Not-For-Profit Corporation Law
Hurwitz & Fine, P.C. assists not-for-profit corporations in achieving and maintaining tax-exempt status as a 501(c)(3) corporation. We advise not-for-profit corporations in the full range of issues they would face including formation, certificates of incorporation, board and governance issues, tax planning, benefits transactions, corporate organization and in the upkeep of non-profit corporate procedure documents. We also advise not-for-profit corporations on employment, real estate and other corporate matters as relevant to conducting their business.
Hurwitz & Fine, P.C. has substantial experience in corporate finance, specifically in mergers and acquisitions, including stock or asset transactions, business valuation, structuring and organization of business, as well as expertise in the field of qualified pension plans and fringe benefit programs.
The firm represents secured and unsecured creditors, and privately held businesses in out-of-court workouts and bankruptcy proceedings. While the practice is primarily credit oriented, Hurwitz & Fine, P.C. has represented debtors in Chapter 7, 11, and 13 proceedings.
Hurwitz & Fine, P.C. has also represented a number of financial institutions, and is actively involved in financial matters, securities, estate and trust planning and administration. Our firm currently provides legal services in connection with commercial loans in New York State for a number of institutions in all parts of New York State, and is fully familiar with the various local practices and procedures.
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.