Hiscock & Barclay LLP

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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 50 attorneys located throughout our eight offices. Members of the practice include 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.

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. The 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.

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.

International Business Practice Areas:
* International Contracting
* Joint Ventures
* Foreign Distribution & Representative Agreements
* Intellectual Property & Technology Licensing & Protection
* Engaging Foreign Counsel

Labor and Employment

The firm’s Labor and 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.

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.

Hiscock & Barclay also counsels and defends the interests of educational institutions throughout New York, in all matters that concern governing board operations, school, operations, employees matters and student issues. We currently represent school districts, boards of cooperative education, charter schools, and colleges and universities, Hiscock & Barclay attorneys work with school district administrators on all aspects of Education Law. Our attorneys also provide advice and representation in specialized areas such as finance and bonding, construction, contract matters, competitive bidding obligations, tax certiorari and environmental litigation.

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.

Hiscock & Barclay LLP
M&T Center #1100
3 Fountain Plaza
Buffalo NY 14203-1414
Tel: 716 566-1300
Fax: 716 566-1301

Hiscock & Barclay is more than a law firm. We're a dynamic team of 160 attorneys in five strategic offices throughout New York State. We have a unique understanding of issues that drive business solutions. For clients that come to New York seeking legal, business or political counsel, we deliver results that exceed expectations.