Practice Areas & Industries: Hiscock & Barclay, LLP

Practice/Industry Group Overview

Hiscock & Barclay's commercial litigation practice is different from that of our competitors in at least three ways: First, no other firm has our geographic platform with offices in all major cities in New York State, as well as in Boston, Toronto and Washington, D.C. Second, unlike commercial litigators at many firms, our commercial litigators are real trial lawyers, having developed their trial skills not just in commercial cases but also in complex tort case that tend to go to trial more frequently. Third, our commercial litigators are roughly an equal mix of attorneys who have practiced in New York State for their entire careers and attorneys that previously practiced at firms in major markets such as New York City, Boston, San Francisco and elsewhere, meaning that our commercial litigators are able to offer our clients all the benefits of local experience, insight and knowledge with the enhanced sophistication and expertise that comes from having handled matters in other areas of the country.

It is for these reasons that our commercial litigators appear regularly in federal, state and appellate courts throughout the United States, including the U.S. Supreme Court, as well as before international tribunals and various administrative and regulatory agencies. Our litigation crosses over almost all of the firm's 28 areas of practice, with a heavy concentration in the areas of general commercial disputes, patent infringement and other intellectual property disputes, real property disputes, environmental litigation, construction litigation, debtor-creditor litigation, Indian law litigation, and media and first amendment litigation.

Services Available

Commercial Litigation

Our Commercial Litigation Practice Area brings varied and extensive experience to the prosecution and defense of a full range of civil cases on a national and local platform. While we represent major national and international corporations, our practice has unique experience in representing closely¬held companies, and individuals in a myriad of litigation matters. Members of our practice have represented the State of New York, other states and local municipal entities. Our Commercial Litigation Practice is comprised of over 40 attorneys located throughout our Upstate New York offices. Members of the practice include a fellow of the American College of Trial Lawyers, former United States and Assistant District Attorneys, as well as former Law Clerks for Federal and State Courts.

Hiscock & Barclay attorneys routinely appear as arbitrators on panels sponsored by the American Arbitration Association, and lecture at various symposia and educational seminars presented by state and federal bar associations, as well as regional and local bar associations. Our attorneys are admitted to practice, and appear before state and federal trial and appellate courts, in many different litigation forums throughout the country. In addition, our attorneys represent the Firm's clients before all levels of administrative tribunals.

A significant portion of our practice is devoted to general business litigation, creditors' rights litigation, surety litigation, lender liability claims, eminent domain proceedings, employee and personnel disputes, professional malpractice litigation, construction litigation, and claims which arise in the interpretation and implementation of contractual and other business obligations.

Our extensive civil trial experience has enabled us to assist the Firm's clients in the negotiation and resolution of controversies without resort to litigation. Our practice regularly participates in all forms of alternative dispute resolution, including arbitration, mediation and evaluation.

Finally, our practice is well known for its commitment to our clients, and its responsive, decisive and cost¬effective representation.

Construction & Surety

Hiscock & Barclay provides a complete range of legal services to individuals, public entities, companies and professionals engaged in the design and construction of buildings and the construction industry. Clients include owners, contractors, subcontractors, vendors, mechanic's lienors, architect and engineering firms, banks and other lending institutions, and surety and insurance companies. Members of the Construction & Surety Practice Area include a licensed professional engineer and an architect.

Hiscock & Barclay handles all matters and issues involving construction projects and disputes, including project financing, the preparation or review of construction contracts, mechanic's lien proceedings, contract disputes, arbitrations, mediations and judicial proceedings and actions, payment and performance bond claims against sureties, the defense of sureties in response to bond claims, and suits by sureties against indemnitors.

Creditors' Rights

The Creditors' Rights Practice Area represents secured and unsecured creditors throughout New York State. We provide services to our clients in the areas of loan workouts, asset recovery (including commercial and residential mortgage foreclosures) and debt collection. We are active trial attorneys and are admitted in all of the state and federal courts within New York, including the United States Bankruptcy Courts for the Western, Northern, Eastern and Southern Districts.

The attorneys in the Creditors' Rights Practice Area are seasoned litigators who regularly prosecute and defend matters involving collections, replevins, garnishments, receiverships, attachments and mechanics liens in virtually every type of commercial, industrial and real estate transaction. In addition, our attorneys are experienced in prosecuting and defending foreclosure actions, from complex commercial projects, to single¬family residences. We have prosecuted many actions seeking relief from the automatic stay provisions of the Bankruptcy Code, as well as adequate protection of cash collateral and other lien rights, setoffs, utility security deposits and other relief against Chapter 7, 11, 12 and 13 debtors. We also have represented clients in some of the country's largest bankruptcy cases including the Bennett Funding case in the Northern District of New York, and have served as special counsel to trustees, creditors and creditor committees.

We have represented local, regional, national and international companies on a wide range of complex bankruptcy matters, including the prosecution and defense of adversary proceedings concerning allegations of fraudulent conveyances and preferential transfers. Our experience includes the representation of banks and other lenders in a wide array of real and personal property based secured loans, as well as in equipment lease financing arrangements.

Members of our practice are active in the American Bankruptcy Institute, and the Creditors' Rights/Bankruptcy Committees of our federal, state and local Bar Associations.

Indian Law

Hiscock & Barclay has unparalleled experience in the area of Indian Law through its participation in litigated Indian land claims in New York State. The Indian Law Practice Area has been involved in the 20 year saga of on-going land claims, including protracted settlement efforts between the parties. With the continuing land claims litigation as a foundation, Hiscock & Barclay has been able to provide invaluable counsel to governmental entities, utility companies, financial institutions, and other private interests regarding sophisticated Indian Law matters. Members of this practice have negotiated agreements between businesses and various Indian Nations. Firm attorneys have counseled our clients with respect to jurisdictional issues involving Indian Nations' sovereign immunity. Additionally, our attorneys have analyzed the validity, applicability and effect of state laws to activities occurring on tribal land. We have also represented financial institutions in a variety of loan closings with Native American entrepreneurs. Hiscock and Barclay has also successfully defended a variety of utility companies in actions commenced by Native Americans alleging discriminatory utility practices. Our specialized attorneys, who tout more than 20 years of experience with Indian Law issues, have created a uniquely distinguished reputation for our practice across the Northeast.

Media & First Amendment

Hiscock & Barclay's Media & First Amendment Law Practice Area focuses on the defense of news and entertainment media organizations in defamation, privacy, newsgathering, and related First Amendment litigation in federal and state trial and appellate courts. The Firm also represents news organizations on applications for public access to judicial and government proceedings and related documents, as well as reporters and editorial personnel who have been served with subpoenas issued by government authorities or private litigants. In providing prepublication and prebroadcast counseling and advice, we work closely with professional journalists on a daily basis in minimizing their risk of liability exposure. We have also represented numerous media clients as amicus curiae before the New York Court of Appeals on significant free speech and Freedom of Information Law cases.

Hiscock & Barclay is primary outside counsel to several daily newspapers, television stations, multiple radio stations and the trade association for daily newspapers in New York State. The Firm is primary regional counsel to a leading global communications and entertainment company. In representing its media clients, the Firm recognizes that particular cases often implicate significant constitutional law principles. Accordingly, litigation strategies may be developed not only to vindicate the client's legal rights and interests but, when feasible, to protect and advance the broader newsgathering and publication rights which may be at issue. The following categories of cases demonstrate the extensive litigation experience and substantive knowledge developed by the Firm's lawyers in representing the media in First Amendment cases and related matters:

• Defamation Cases
• Newsgathering Process Cases
• Access Matters
• Reporter's and Newsroom Subpoenas
• Commercial Speech and Advertising
• Billboard Regulations
• Amicus Curiae Representation