Any time a medical error occurs, it can have devastating consequences for a patient. However, while many people are quick to blame medical workers for an unfortunate outcome, the fact is that not all adverse medical events are the fault of doctors or nurses. There are...
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Buffalo New York Legal Blog
Are your kids ready (and willing) to take over the business?
If you are like many New York business owners, your hope for your business is to one day pass it on to your kids. Business owners planning to do this can take steps to make this transition go more smoothly for all parties involved. Talk to your kids One of the most...
Appeals court: nursing homes may not be shielded by the PREP Act
The 3rd Circuit Court of Appeals, which covers Delaware, Pennsylvania and New Jersey, has ruled against nursing home operators in a federal liability case. Although the 3rd Circuit doesn’t directly cover New York, the ruling is still consequential to us because this...
Job interview topics that employers and candidates should avoid
Holding a job interview is an important way for employers and job seekers to learn more about one another. While these exchanges are valuable, they can also be legally tricky for both sides. Employers need to avoid asking questions or discussing topics that could be...
What does a ‘force majeure’ clause in a contract do?
“Force majeure” has been coming up a great deal during the pandemic. Even as the crisis seems to be waning, supply chain disruptions have made it difficult or impossible to meet some contractual obligations. Some contracts contain a “force majeure” clause that could...
Consider safety nets when working with new investors
It may be true that some business growth is luck – being in the right place at the right time. But the majority of lasting businesses are built on a firm foundation with a governance structure, clear goals and a defined growth strategy. All of these items are subject...
Center for Public Integrity: USPS has been shorting workers’ pay
Every time Nancy C. filled out her time sheet for the United States Postal Service, she would take a picture of it with her phone. “I knew what was going to happen,” she told a reporter from the Center for Public Integrity (CPI), “because it happens every pay period.”...
Medical malpractice claims are trending upwards in 2021
With all the stresses healthcare providers and hospitals have been under during the pandemic, it may not come as a complete surprise that medical malpractice claims are on the increase. The entire field of healthcare has been facing unprecedented levels of need during...
Washington takes a closer look at noncompetes
Noncompete agreements are a divisive topic, with opinions often differing between business owners and employees. Employers argue that these contracts protect intellectual property and trade secrets, while opponents argue that they limit job growth and opportunity. We...
NY employers will want to note this arbitration-pact legislation
New York business owners necessarily maintain a constant and broad-based focus on problematic – both potential and actual – labor-tied challenges arising in their enterprises. And for good reason. Problems on the employment front occasionally surface in every company....
