Family Law

• Guardianship
  Business and Operations. We provide counsel on corporate structuring and practice formation, captive professional corporations, corporate governance, provider agreement review, reimbursement, Certificate of Need establishment and construction applications, tax planning, patient accounts management and collections, and patient issues including ethics, treatment decisions and guardianship.

Criminal Law

• Traffic Violations
  When necessary, we prosecute disciplinary charges against teaching and non-teaching employees, including the termination of probationary employees and the defense of disciplinary action in grievance and arbitration proceedings (as well as proceedings under Education and Civil Service Law that provides “just cause” protection to public school employees). Our attorneys assist with all manner of issues that arise in the complex special education area, including those about parent and student rights, CSE procedures, formulation and interpretation of IEPs, IEP approval procedures, appeals, impartial hearings, and litigation. Other areas in which we are involved include tort actions brought by students and school personnel, and the defense of criminal and traffic violations by personnel.
• Fraud
  In this highly regulated arena, state and federal agencies – as well as consumers, business competitors, and others – often seek legal redress for losses arising from perceived wrongs. Well-run businesses know that handling contested matters efficiently and economically is critical to their bottom line, and that it takes experienced, skilled lawyers to resolve complex securities disputes. Our attorneys have handled a vast array of issues, including a major securities fraud and disgorgement action brought by the SEC in federal court; federal court actions arising from disputes between broker/dealer clients and companies involved in public offerings; numerous broker/customer disputes in both federal and state courts and before arbitration panels involving allegations of unauthorized trading, churning, unsuitability, and other Rule 10b-5 violations; litigation arising out of failed tax shelter investments; investigations by the SEC into alleged insider trading violations; and claims involving unsuccessful real estate limited partnerships.
• Restraining Order
  HSE has become the firm of choice in obtaining temporary restraining orders and preliminary injunctions preventing the misappropriation of trade secrets. We are frequently called on to defend the enforceability of confidentiality agreements and post-employment non-competition agreements designed to safeguard the misappropriation of trade secrets and violations in the area of unfair competition.

Business and Corporate Law

• Corporate Law
  Recognizing that many companies in this industry are start-ups, we guide clients through corporate formation and governance, Seed and Angel investments, and venture capital financings. We have substantial experience representing venture capital investors and portfolio companies in private equity transactions from seed stage and first round investments to later stage and follow-on investments. From the enterprise side, we offer a broad range of services in support of all aspects of establishing and growing the company, including business plan review, business structuring, and debt and equity financing. We routinely advise entrepreneurs and emerging businesses on the mechanisms available to them to fund their business ventures.
• Mergers and Acquisitions
  The attorneys in our multidisciplinary Automobile Dealership practice area have extensive knowledge and many years of experience assisting owners and managers in the day-to-day operations of their automotive businesses. We counsel our automotive dealership clients with respect to all aspects of their day-to-day operations, including employee matters, facility requirements, land-use and environmental issues, franchisor relations, vendor and service provider issues and executive compensation. We have extensive experience counseling our dealership clients with respect to special projects including mergers and acquisitions, litigation, succession planning, generational wealth transfers, management buy-out transaction, evaluation and implementation of profit sharing and alternative compensation arrangements, regulatory compliance initiatives.
• Business Formation
• Business Disputes
  We have counseled companies on legal matters unique to these industries, including supply chain control and management, raw materials negotiations, warranties and returns, pricing (including issues of antitrust), specifications, labeling and licensing, testing, customer issues, regulatory impact, as well as assisted with labor and employment matters, intercompany business disputes, and regulatory issues.
• Business Transactions
  Our practice has also handled a vast number of commercial transactions and UCC issues, which provide a basis for the efficient resolution of problem transactions under difficult financial circumstances.
• Construction Contracts
• Trade Secrets
• Intellectual Property
  Our litigators have comprehensive experience that ranges from trying cases in state and federal courts to handling appeals before the U.S. Supreme Court. Our wide array of business clients has contributed to our adroitness in areas ranging from antitrust, to class actions, to various aspects of employment and intellectual property litigation, to defending professionals, to major challenges to state and federal regulation of businesses. We are proud of the success we’ve achieved for our clients both inside and outside the courtroom.
• Unfair Competition
  We represent our clients in seeking legal redress against businesses and individuals whose intellectual property – in the form of patents, trademarks, trade dress, copyrights, and trade secrets – has been infringed upon, in addition to defending them against assertions of infringement. We also defend and prosecute actions for unfair competition, and bring forth customs actions relative to the monitoring and importation of infringing goods.
• Antitrust
  Harter Secrest & Emery’s attorneys lead clients through complex and high stakes antitrust and competition matters, including through business counseling, and representation in government investigations and private antitrust litigation.

Employment Law

• Workers Compensation
  Representing licensed retail clients in connection with ownership disputes, buy-sell agreements, workers compensation issues, tax audits and sales and purchases of licensed retail businesses
• Wrongful Termination
  We also defend against claims that management violated employment contracts (wrongful discharge, non-competition, and related torts); the Fair Labor Standard Acts; state labor laws (wage and wage supplement); the Occupational Safety and Health Administration Act (OSHA); executive employment; and compensation contracts.
• Employment Discrimination
  Municipal litigation frequently combines complex legal issues with sensitive matters of public perception. We shepherd our clients through the litigation process and have practiced before all courts from the local and state level to the U.S. Supreme Court. Our experience includes employment discrimination, first amendment claims, Article 78 proceedings involving challenges to the municipality’s rulings, and civil rights actions against local law enforcement officials.
• Employment Contract
  Medical Staff Issues and Licensure. We help health care clients address issues surrounding credentialing, medical staff bylaws, professional privileges, internal disciplinary proceedings, peer review, and state and National Practitioner Data Bank reporting obligations.  We draft and negotiate employment agreements for physicians and other health care professionals and assist with immigration and professional licensure matters.
• Employment Litigation
  Our firm’s litigation practice consists of nearly 40 attorneys (partners, counsel and associates), between the firm’s Buffalo and Rochester offices, who counsel clients on a wide range of litigation-related matters including insurance coverage, general business/commercial disputes, employment claims, intellectual property infringement, securities and construction project disputes, to name only a few. This team enjoys an excellent reputation. Recipients of Chambers and Partners highest ranking, the HSE litigation group is described in the 2016
• Non-compete Agreement
  Negotiating and Drafting Contracts with External Parties – Attorneys on our Nonprofit Organizations team represent clients in the drafting, review and negotiation of agreements of every sort relating to business transactions and arrangements, including joint venture agreements, corporate organizational agreements, supply agreements, purchasing agreements, equipment leasing agreements, loan and financing documents, consulting agreements, non-disclosure agreements, non-compete agreements, employment agreements, leases and service agreements.
• Sexual Harassment
  Workplace Training – We offer training programs on a variety of topics such as New York State’s sexual harassment prevention, background checks and criminal convictions analysis, drafting employment-related agreements, federal and state wage and hour laws, hiring and recruiting, employee discipline and discharge, substance abuse policies, vacation and medical leave, and conducting internal and responding to government investigations, among others. Presented both in-person and via our web-based training platform, our programs are developed by attorneys with years of experience from the boardroom to the courtroom. They provide best practices and real-world examples, in a cost effective and engaging manner. We can also tailor programs to address your specific goals, issues, and scheduling needs.

Property Law

• Real Estate Litigation
  Chambers USA: America’s Leading Lawyers for Business, HSE’s Real Estate group is recognized for its “Exceptional practice adept at assisting clients with a variety of real estate matters.” Our service and experience include the following...
• Construction Litigation
  Well-crafted agreements are the foundation of every successful construction project. Our attorneys have vast experience negotiating, drafting and analyzing design, supplier and construction contracts, project specifications, and agreements relating to insurance, supplemental conditions and financing agreements. They can also aid in the updating and standardization of the contracts, whenever warranted.
• Real Estate Transactions
  Several of our attorneys are licensed title insurance agents and the firm is an authorized title insurance agent for national title insurance companies, making the group well equipped to handle all title issues that may arise during a real estate transaction.
• Eminent Domain
  Zoning – The HSE Environmental, Land Use and Zoning team assists developers seeking rezoning, variances, special use permits, subdivision approvals, site plans and other land use approvals, and we represent clients in administrative and judicial review of land use decisions. We also advise condemners and condemnees in eminent domain proceedings.
• Land Use and Zoning
  Our multidisciplinary Building and Construction practice area cuts across the substantive areas of real estate, financing, environmental, land use and zoning, general corporate issues, and litigation. The practice provides counseling throughout the entire continuum of project management: drafting the initial land acquisition documents, design and planning, bidding and contract negotiations, and the various legal issues that arise during and subsequent to construction. As a corollary to the work we perform relative to construction matters, HSE provides extensive arbitration and litigation services.

Immigration Law

• Citizenship and Naturalization
• Employment Immigration
• Work Visas
  Many foreign nationals working in the U.S. on a temporary work visa dream of being able to permanently live and work here through a green

Health Law

• Personal Injury
  The firm’s tort defense practice includes products liability, motor vehicle negligence, and transportation, including FELA claims. We are national trial counsel to a major U.S. manufacturer and its foreign subsidiaries concerning various sophisticated medical devices, including diagnostic equipment and surgical equipment and components. On behalf of this client, we have litigated personal injury cases and handled claims in more than 20 states.
• Medical Malpractice

Trusts and Estates

• Estate Planning
  Private Foundations – We assist our clients with the special issues related to private philanthropic foundations, including crafting of investment policies, spending policies, grant making policies and grant agreements. We have a special interest in program-related and mission-related investments, and we help clients move their investment programs towards greater impact. We also help guide clients through the unique issues presented under the private foundation rules, including navigating the rules related to prohibited transactions and assisting with matters requiring IRS approval. We also provide counsel on estate planning involving the establishment of private foundations.
• Wills
  In addition to conflict resolution services offered for tax controversies, our Trusts and Estates Practice Area often teams with our firm’s litigators to handle will contests, trust disputes, beneficiary claims, fiduciary liability claims, estate and trust mismanagement, and probate matters. In addition, our tax professionals assist with representing taxpayers, executors, administrators, and estate asset recipients in all estate and gift tax-related disputes with government authorities.
• Trusts
  Working together with the client, we develop a sensible plan for the disposition of family assets. Wills are the principal documents that guide this planning, although in appropriate cases, revocable and irrevocable trusts are the vehicles to ensure that the needs of our clients are met. Many of our clients do not currently have federal estate tax exposure, but nevertheless recognize the need for careful and experienced advice in the disposition of their assets. We encourage flexible planning that will not only deal with normal retirement and life expectancy, but will also accommodate a premature death and its hardship on surviving family members. Total lifetime planning is encouraged, including such important elements as asset management for the elderly, institutional care, and life support decisions. Particularly in these highly personal and sensitive areas, we find ourselves acting as friends as well as advisors to our clients.
• Probate

Finance Law

• Bankruptcy
  Led by one of New York State’s most respected and trusted legal professionals in the financial reorganization arena, our team has handled all aspects of capital/debt restructuring, secured lending transactions, out of court workouts, recovery and liquidation of collateral, financial reorganization, and bankruptcy litigation. They have represented clients in major bankruptcy cases in Delaware and New York City, as well as in western, northern, and central New York State.
• Foreclosure
  Practice attorneys provide full-service representation to our banking and finance clients. Among the additional services available are collections, foreclosures...
• Tax Law
  Time’s passing compels each of us to make important decisions about our own financial security and that of our family. In the realm of income, gift and estate tax planning, appropriate guidance from a trusted legal professional could result in tremendous savings in both time and money during a time of difficult transition.