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Hiscock & Barclay, LLP Buffalo, NY Document Search Results (12) Show: results per page Sort by:  | The “Employment Based Fifth Preference” Immigrant Investor Visa
Gretchen P. Aylward, Eric W. Schultz; Hiscock & Barclay, LLP;
Legal Alert/Article May 18, 2012 The “EB-5” visa, as it is commonly called, is an interesting option for non-citizens to apply for lawful residence in the U.S. without family or an existing offer of employment. It is also becoming a more regularly-used option for business enterprises seeking capitalization for various...
| | Plan Fiduciaries Liable for Permitting Excessive 401(k) Fees
Raymond N. McCabe; Hiscock & Barclay, LLP;
Legal Alert/Article May 4, 2012 A Federal district court has held that fiduciaries of two 401(k) plans breached their fiduciary duties to participants by allowing the plans to pay excessive recordkeeping fees. Tussey v. ABB, Inc. et al. 2012 WL 1113291 (W.D. Mo. 2012). The decision illustrates how complex recordkeeping,...
| | New Federal Rules Regarding Use of Handheld Mobile Telephones by Drivers of Commercial Motor Vehicles
Richard J. Day; Hiscock & Barclay, LLP;
Legal Alert/Article April 23, 2012 The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration (both part of the United States Department of Transportation) adopted regulations applicable to the use of mobile telephones by drivers of “Commercial Motor Vehicles” (CMV),...
|  | H-1B Non-Immigrant Visa Petition Filing Immigration Season Approaches
Eric W. Schultz; Hiscock & Barclay, LLP;
Legal Alert/Article March 23, 2012, previously published on March 2012 On October 1, 2012, U.S. Citizenship and Immigration Services ("USCIS") will release its new allocation of H-1B non-immigrant visa numbers for Fiscal Year 2013. Current U.S. Immigration Laws cap H-1B visa availability for new employment situations at 65,000 per fiscal year, with an...
| | Contractual Authority to Supervise and Control Alone is Insufficient to Merit Indemnification
James Davis; Hiscock & Barclay, LLP;
Legal Alert/Article March 22, 2012, previously published on March 2012 The Court of Appeals has held that the contractual authority to supervise and control alone is not enough to hold a party liable for common law indemnification. McCarthy v. Turner Construction, Inc., 17 N.Y.3d 369; 929 N.Y.S.2d 556 (2011). In fact, a demonstrated lack of actual supervision and/or...
| | Court Establishes Insurer’s Liability Despite Broad Wording of Exclusions in a Professional Liability Policy
David B. Cabaniss, James Davis; Hiscock & Barclay, LLP;
Legal Alert/Article March 7, 2012, previously published on March 2012 On February 16, New York Attorney General Eric T. Schneiderman released a report prepared by the Leadership Committee for Nonprofit Revitalization, a group composed of 32 leaders in the not-for-profit community who were charged last year with “developing proposals for reducing burdens on the...
| | Recent New York Decisions Demonstrate the Need for Extreme Caution When Addressing Settlements Involving Medicare Issues
Brian G. Manka; Hiscock & Barclay, LLP;
Legal Alert/Article February 9, 2012, previously published on February 2012 At the time of settlement of personal injury actions, Medicare liens are a source of anxiety for defense attorneys and insurance adjusters. These liens may swell to tens and even hundreds of thousands of dollars, all of which are recoverable by the government directly from the defendant. As such,...
| | The 2011 Medicaid Provider Compliance Certification Process
Marie Butchello; Hiscock & Barclay, LLP;
Legal Alert/Article December 6, 2011, previously published on November 2011 Medicaid providers are subject to two sets of compliance certification requirements, a federal requirement under the Deficit Reduction Act of 2005 (DRA) and a New York State requirement under Social Services Law § 363-d(3). Under both laws, providers must certify compliance for the year 2011...
| | EDPL § 207 Trumps CPLR Article 78 Statute Of Limitations
Marie Butchello, Karla M. Corpus; Hiscock & Barclay, LLP;
Legal Alert/Article November 24, 2011, previously published on November 2011 In a September 30, 2011 decision, the Appellate Division Fourth Department held that a Petitioner in a proceeding under Article 2 of the Eminent Domain Procedure Law timely challenged the Respondent agency’s environmental determination despite the fact that more than four months had passed...
| | Are You Missing Out on Federal Procurement Opportunities?
Richard J. Day; Hiscock & Barclay, LLP;
Legal Alert/Article July 11, 2011, previously published on June 2011 Have you ever wondered how and why some companies sell their goods or services to the Federal Government? One avenue which many small businesses are not aware of is the Federal Procurement Program administered by the U.S. Small Business Administration.
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