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Services Available
Corporate
Hiscock & Barclay's Corporate Practice Area represents all forms of business entities varying in size from sole proprietorships to publicly traded companies. We provide them with legal and business counseling in their strategic planning, evolving business relationships and day to day operations. Our practice includes a wide variety of business transactions ranging from general contract law and entity formations, acquisitions, restructurings and dissolutions to complex issues involving executive compensation, protection of ownership interests, succession planning, financing agreements, securities regulation and intellectual property. Its experience with sophisticated corporate clients has allowed it to develop the skills and depth necessary to represent all its business clients efficiently in today's competitive market. Members of the practice group have a wide breadth of knowledge in business and corporate law and are well respected for their legal expertise and for their creative and constructive approach to resolving legal and business issues. We also have available to us and to our clients attorneys in other related practice groups with specialized expertise in areas of importance to many businesses, such as tax, intellectual property, labor and employment, and real estate.
Understanding that today's start-up companies are the business leaders of the future, the practice is committed to bringing excellent quality legal services, supported by the latest technology, to all its clients on a timely basis and at competitive fees.
Business and corporate law is becoming increasingly specialized. The Corporate Practice Area coordinates as appropriate with other practice areas within the Firm, including those dealing with employment and labor, environmental, intellectual property, municipal, tax, real estate, estate planning and litigation issues, to serve its clients' needs.
Healthcare & Human Services
Hiscock & Barclay's Health Care & Human Services Practice Area offers quality legal services to for-profit and not-for-profit institutions and individuals in the healthcare field, including healthcare networks, hospitals, nursing homes, home care providers, physicians, nurses and other healthcare professionals, group practices and clinics, mental health and mental retardation service providers, alcoholism and substance abuse providers, healthcare associations, medical transportation companies and durable medical equipment suppliers.
The practice assists clients in a broad range of health law matters, including capital financing; project development; CON and Licensing, including DOH, OMH, OMRDD, OASAS, ALP; mergers, acquisitions and reorganizations; structuring integrated delivery systems; contracting with, and among, various healthcare providers; for-profit and not-for-profit corporate establishment and taxation, including taxation exemption; structuring relationships between and among for-profit and not-for-profit entities; compliance programs for State and Federal fraud and abuse, anti-trust and other relevant healthcare delivery laws and regulations; employee relations; assistance with State and Federal surveys, inspections, audits, investigations and enforcement proceedings; assistance with Medicaid and Medicare investigations, audits, and civil and criminal enforcement proceedings; professional licensing and disciplining; contracting with Managed Care Organizations, including PHSPs; assistance with positioning for Medicaid Managed Care; developing Adult Care and Assisted Living enterprises; Medicare and Medicaid law; State and Federal anti-kickback and self-referral requirements; legislative affairs; medical staff issues; medical treatment issues, patients' rights and medical ethics; mental health law; and contract law, corporate law, employee benefits law, labor law and real property law in the healthcare setting.
The Health Care & Human Services Practice Area has provided significant legal services to important healthcare clients, including major medical centers and teaching hospitals, health maintenance organizations, multi-hospital networks, independent practice associations, practice management organizations and healthcare associations. In these and other projects, the practice has demonstrated its ability to navigate through the maze of legal in issues that challenge health systems, hospitals and healthcare providers.
The practice has an excellent working relationship with State and Federal regulators, and is adept at securing their cooperation to achieve client's objectives, in an accelerated and cost effective manner.
International Business
Hiscock & Barclay has several attorneys who concentrate on international trade and related transactions. The International Business Practice Area currently represents a number of clients with a worldwide business presence, handling matters for them such as international contracts, international joint ventures and strategic alliances, organization of foreign entities, arbitration, import/export, customs, immigration, and intellectual property.
The practice involves representation of domestic companies doing business overseas as well as representation of foreign companies doing business in the United States. Our clients include major multi-national corporations, foreign-owned local businesses and small businesses looking to expand their market presence.
In many instances, the nature of the work requires engagement of local counsel. Hiscock & Barclay has numerous relationships established with attorneys in foreign countries who are qualified to assist with such matters. These relationships enable the practice to access a vast network of resources for its clients.
The frequent nature of this international practice enables it to provide clients with ability and experience rarely found in an Upstate New York law firm.
Labor & Employment
The firm's Labor & Employment Practice Area provides comprehensive representation to private and public sector clients throughout the United States. Our clients range from Fortune 500 companies with multiple locations throughout the world, to not-for-profit companies providing health and human services, to privately held companies with one office and few employees, to cities, counties, towns and villages throughout New York State.
The firm represents and assists employers in all aspects of labor- management relations, including advising employers on lawfully maintaining a union-free workplace, counseling employers during union organization drives and campaigns, and representing them before the National Labor Relations Board and state labor relations agencies in representation cases, unfair labor practice litigation, de-certification cases, unit clarification proceedings and jurisdictional disputes. Our lawyers serve as chief negotiators or as strategists during collective bargaining and assist employers in analyzing and interpreting collective bargaining agreements in order to resolve disputes. We also provide comprehensive representation to unionized employers in discipline and discharge cases and in arbitration proceedings, as well as in strikes and other forms of labor disputes.
Since the relationship between the employer and employee is highly regulated and becoming more so with the passage of new laws and sometimes conflicting decisions of the courts, we advise our clients on all matters which affect employment decisions. We review proposed personnel actions, including discipline, promotion, termination and layoff; personnel policies and applications for employment; and design affirmative action plans and assist employers in complying with agency audits, including those conducted by the Office of Federal Contract Compliance.
Practice area members regularly appear before the Equal Employment Opportunity Commission, state fair employment practice agency, and other federal, state and local civil rights agencies. We also represent clients before state and federal trial and appellate courts in lawsuits pertaining to various employment matters, from wrongful discharge claims to class action civil rights litigation.
We assist clients in the preparation and implementation of various employee benefit plans such as tax qualified retirement plans, welfare and fringe benefit programs, Section 125 cafeteria plans, and severance pay plans. We also provide assistance in the merger and termination of benefit programs and in all employment and benefits aspects of corporate reorganizations, including mergers, acquisitions and spin-offs.
At Hiscock & Barclay, we assist our clients in implementing preventive strategies so that they understand their obligations and legal rights. Whether it is counseling, or litigation, our firm offers comprehensive, cost effective, positive solutions.
Tax
The Tax Practice Area is designed to provide direct tax services to clients and to support and supplement matters pending in other Firm departments. Many business and real estate transactions are heavily influenced by state and federal tax considerations. Accordingly, where appropriate, clients of any practice area can access the practices tax attorneys in order to receive complete analysis of their transactions. In addition, Hiscock & Barclay's tax attorneys have been engaged by small to mid-sized corporations or other business entities on specific tax matters as special tax counsel where, because of the complexity of the transaction or the tax statute in question, the skill of tax counsel is needed in addition to that of their own counsel.
The attorneys within the Tax Practice Area work in nearly all areas of federal and state taxation, including, among other areas, corporate income and franchise tax, corporate mergers and acquisitions, information reporting compliance, employee compensation, benefits and retirement plans, partnerships, trusts, and other conduit entity taxation, municipal finance, sales and use tax, and corporate tax planning, including Subchapter S planning. The practice is also able to provide guidance involving practice in matters of individual income taxation and estate and gift tax planning, thereby being able to assess the full consequences of the tax aspects of any business transaction on the level of the individual investors.
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