The Tarantino Law Firm, LLP Business Law Attorneys In Buffalo | The Tarantino Law Firm, LLP 2026-10-01T07:53:07Z https://www.tarantinolaw.com/feed/atom/ WordPress On Behalf of The Tarantino Law Firm, LLP <![CDATA[New York State pay transparency laws: What employers must know]]> https://www.tarantinolaw.com/?p=49077 2026-09-23T14:10:16Z 2026-10-01T07:53:07Z The core requirements of salary disclosures To eliminate financial uncertainty for applicants or employees, New York State labor law requires employers to disclose the annual salary range or hourly rate upfront. Businesses must legally provide these specific compensation details when advertising:
  • Jobs
  • Promotions
  • Transfer opportunities
The disclosed range must reflect the pay range the employer believes in good faith to be accurate at the time they post the advertisement. If a position's compensation relies solely on commission, the employer has to explicitly state that the compensation will be based on commission. Furthermore, advertisements should provide a specific job description for the opportunity if one exists.

Which employers and jobs are covered?

The regulation applies to any person, corporation or entity employing four or more employees. Employment agencies and recruiters that advertise positions on behalf of employers are also subject to the law's requirements. However, the statute excludes temporary help firms from its definition of employer. Businesses that use staffing agencies should confirm how this employment law applies to their specific hiring arrangements.

Addressing violations and penalties

New York labor regulations directly impact recruitment strategies, making full compliance essential for covered employers. Employers who fail to comply with pay transparency requirements may face civil penalties. Business owners who want to review their job posting practices for compliance may consult a business law attorney for guidance.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Does a signed consent form defeat an informed consent claim?]]> https://www.tarantinolaw.com/?p=49073 2026-09-02T14:01:40Z 2026-09-14T14:00:41Z What New York requires you to disclose New York law requires physicians to disclose certain information before specified treatments and diagnostic procedures. You must explain the reasonably foreseeable risks and benefits as well as available alternatives that a reasonable medical practitioner would discuss under similar circumstances. The information must allow the patient to make a knowledgeable decision. A patient who brings an informed consent claim generally must also show that a reasonably prudent person would have declined the treatment after receiving the required information. The patient must further link the lack of informed consent to the injury.

Records may document the consent discussion

The rest of the medical record could show what you discussed before treatment. Your notes might identify risks you explained, alternatives you offered or other details from the consent discussion. Records from earlier visits may also establish when you provided that information. Courts may also compare your testimony with the patient’s account. When those accounts conflict, written notes and detailed consent records might support your description of the discussion more directly than a signature by itself.

Review what the record actually shows

An informed consent claim may place an earlier patient discussion under close review long after treatment ends. Consider reading the signed form alongside your notes and other records from the same period. That comparison might show which disclosures the records document and where the patient gives a different account. Identifying those points could help you understand the disputed facts and approach the legal proceedings with a more complete record.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[How founders can prevent disputes with an agreement]]> https://www.tarantinolaw.com/?p=49075 2026-09-03T05:54:14Z 2026-09-14T05:53:36Z can help avoid these problems before they arise.

Important things to keep in mind when creating an agreement

A company’s needs change over time — founders may take on new roles, bring in additional owners or restructure the business as it grows. Thus, a founder’s agreement should not be treated as a one-time document. Founders should review the agreement periodically and address the following key points when drafting it:
  • Ownership interests: Specify each founders’ initial ownership stake, along with how that ownership may change if you issue new shares or add new owners to the company.
  • Roles and responsibilities: Outline each founder’s areas of authority so that there's no confusion over who handles day-to-day operations versus major business decisions.
  • Voting and decision-making rules: Clarify which decisions require approval from all founders and which ones an individual founder can make independently.
  • Founder’s departure: Think through what will happen if one of the founders wants to leave the company, becomes unable to work or wants to sell an ownership interest. A buy-sell agreement can establish procedures for transferring ownership and determining its value.
Beyond these core terms, it's worth understanding how New York law shapes the type of agreement your business needs. For example, an LLC operating agreement can specify how your company will be managed and set out the rights and duties of its members. In contrast, a shareholder agreement is often used to describe how a corporation’s shareholders will make decisions and exercise their rights.

How an agreement can protect your business

Ultimately, a well-drafted agreement gives founders a shared roadmap for ownership, responsibilities and decision-making, reducing the chances that disagreements turn into costly disputes down the road. If you are starting or running a business in Buffalo, a business law attorney can help you choose the right agreement and address key terms.  ]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[The best medicine isn’t defensive]]> https://www.tarantinolaw.com/?p=49069 2026-08-17T08:31:31Z 2026-08-27T08:30:09Z No doctor wants to spend their career with one eye over the shoulder at all times due to the fear of a lawsuit. Yet, the threat of a medical malpractice claim can influence the way many providers approach clinical decision-making. That can turn into “defensive” medicine.  In many cases, the strongest protection against malpractice claims comes from high-quality, evidence-based care supported by clear communication and thorough documentation. Good medicine and good risk management often go hand in hand.

What is defensive medicine?

Defensive medicine generally refers to medical decisions driven primarily by concern about potential litigation rather than the patient's clinical needs. It may involve ordering additional tests, consultations or procedures – all to create a more detailed record and to reduce the perceived risk of a missed diagnosis.  Examples of defensive medicine may include:
  • Ordering imaging or lab tests that are unlikely to change the patient's treatment plan
  • Referring patients to specialists primarily to reduce perceived liability
  • Hospitalizing patients who could safely be treated as outpatients
  • Performing diagnostic procedures with little expected clinical benefit
  • Avoiding high-risk patients or procedures out of fear of litigation
Although these decisions are often made with good intentions, they can increase healthcare costs, expose patients to unnecessary risks and delay appropriate treatment. There are better alternatives. Reducing malpractice risk does not require abandoning sound clinical judgment. Instead, physicians can often better protect themselves by:
  • Following accepted standards of care and evidence-based clinical guidelines
  • Documenting the clinical reasoning behind important decisions, including why certain tests or treatments were or were not recommended
  • Documenting informed consent discussions that explain risks, benefits and alternatives
  • Giving patients clear discharge instructions, follow-up recommendations and return precautions
  • Listening carefully to patient concerns and addressing questions openly
  • Maintaining accurate, timely and complete medical records
No strategy can eliminate the possibility of a malpractice claim. However, when a claim does arise, the focus is rarely on whether every conceivable test was ordered. More often, the key questions are whether the provider exercised reasonable clinical judgment, met the applicable standard of care and created a medical record that accurately reflects the decision-making process. In many cases, that approach provides a stronger malpractice defense than practicing medicine out of fear ever could.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[AI in hiring: Legal risks for New York employers and workers]]> https://www.tarantinolaw.com/?p=49071 2026-08-17T08:31:48Z 2026-08-27T08:30:06Z Current law on AI hiring in New York New York City's Local Law 144 already requires bias audits, public notice and advance disclosure for automated hiring tools. Employers outside the city, such as those operating in Buffalo, are only subject to Local Law 144 if the position is based in New York City or if the candidate or employee resides there. Violations still carry real costs for NYC-based roles. Fines start at $500 for a first violation and climb to $500 to $1,500 for each day after that. The New York State Human Rights Law also applies statewide. It bars discrimination based on race, sex, age and disability in places like jobs, housing and stores. As of late 2025, this law also covers biased results from AI technologies, even if the bias was unintentional. Impacted employees can sue and recover back pay, damages and attorney’s fees, and claims can escalate into class actions if the pattern hits many candidates.

Practical steps for employers

Employers can act now before further statutes take hold. They should confirm that their software has passed independent bias testing. Hiring teams should maintain human oversight over every automated recommendation. Written policies should explain exactly how and when AI enters each decision.

Practical steps for workers

Workers deserve equal attention here. Anyone who suspects an algorithm rejected them unfairly, based on protected status, can bring a claim under existing state and federal civil rights laws, including Title VII and the Americans with Disabilities Act. Noting which tools appeared during the process, saving rejection messages and tracking patterns that look like unequal treatment can help strengthen a valid legal claim.

Importance of legal guidance for all parties is crucial

Artificial intelligence will likely continue shaping recruitment across the state and around the globe. Fair and auditable hiring systems can protect employers from costly claims. Clear knowledge of legal rights can safeguard workers against silent and unchecked bias. Close attention to all these legal requirements will ultimately reduce disputes and support a fair hiring process for both all involved.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[How copy-forward features in electronic health records can create legal risks]]> https://www.tarantinolaw.com/?p=49067 2026-08-17T08:31:54Z 2026-08-27T08:30:04Z Electronic health records (EHRs) have made documenting patient care faster and more efficient. Templates, smart phrases and copy-forward functionality make it easier for healthcare providers to avoid reentering the same basic information over and over again, at every visit.  Used appropriately, these tools can improve consistency and reduce administrative burdens. However, they also require careful attention because outdated or inaccurate information can unintentionally carry over from one encounter to the next. If an old diagnosis, outdated medication notes or a treatment plan is carried forward without being reviewed and updated, it can create a medical record that is inaccurate and legally vulnerable in a medical malpractice claim.

Why copy-forward features deserve careful attention

Copy-forward functionality is designed to save time, not replace clinical judgment. Every patient encounter is unique, and each note should reflect the provider's independent evaluation of the patient's condition at that time. Some e-chart areas where copy-forward errors are common include:
  • Medications: Doses may need to be adjusted and others added or discontinued. Errors can leave patients exposed to dangerous interactions or lapses.
  • Allergies and sensitivities: Information on a patient’s allergies and sensitivities to drugs and other substances has to be updated at every visit to avoid putting patients in danger.
  • Diagnoses: Records can be rife with conditions that look unresolved, leaving historical diagnoses in the chart as “active.”
  • Symptoms: When symptoms that are resolved or reinterpreted are copied forward into a chart, that can create a domino effect that could lead to unnecessary testing, treatment or even misdiagnosis.
Over time, these "carried-forward" documentation errors can make it more difficult to determine exactly what occurred during a particular visit.

Medical records often become key evidence

Medical records are among the most important pieces of evidence in a medical malpractice claim. Attorneys, expert witnesses and insurers frequently review documentation line by line to understand the care that was provided and the clinical decisions that were made. If multiple notes contain identical language over an extended period, opposing counsel may question whether each encounter was independently documented. Likewise, repeated inaccuracies can create unnecessary questions about the reliability of the record, even when the underlying medical care was appropriate.

Good documentation remains one of the strongest defenses

Electronic health record technology continues to evolve, but the basic principles of documentation remain the same. Providers should review information carried forward from prior visits, confirm that it remains accurate and update each note to reflect the patient's current condition, assessment and treatment plan. Templates and automated tools should support thoughtful documentation, not replace it. Careful recordkeeping helps create a clear picture of the care that was delivered while reducing the risk that outdated information will complicate future legal proceedings. By taking a few extra moments to verify copied information before finalizing a note, healthcare providers can improve both patient care and the quality of the medical record if it is ever examined in litigation.  ]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[5 contract clauses that can cause expensive disputes]]> https://www.tarantinolaw.com/?p=49059 2026-08-13T07:00:08Z 2026-08-27T06:58:16Z Business contracts are designed to reduce uncertainty and establish clear expectations between the parties involved. However, any agreement can become the source of an expensive legal dispute if key provisions are unclear, incomplete or overlooked during drafting. A lot of times, the problem is not whether or not a contract exists, but the language that has been used. Whether you are entering into a vendor agreement, service contract, partnership arrangement or a commercial lease, understanding certain contract provisions can help you identify potential risks before they become actual legal problems. 

1. Payment terms

Payment provisions are among the most frequently disputed parts of a contract. Problems often occur when the agreement does not specify exactly when payment is due, how invoices should be submitted or what happens if payment is delayed or withheld. Clear payment terms can help avoid disagreements and provide a roadmap for resolving issues if a payment dispute occurs.

2. Termination provisions

Contracts should explain how and when the business relationship can end. Disputes may arise when one party believes it has the right to end the agreement and the other disagrees.A well-drafted termination clause should clarify:
  • Any grounds for termination
  • Required notice periods
  • Opportunities to cure a breach
  • Obligations that survive termination
Without this guidance, ending a business relationship can become much more complicated.

3. Scope of work

Many contract disputes stem from differing expectations about what services or products were supposed to be provided. A vague scope of work description can lead to conflicting interpretations. The more specific the contract is regarding responsibilities, deadlines and performance expectations, the less likely the parties are to disagree about whether each party’s obligations have been fulfilled.

4. Indemnification clauses

Indemnification provisions determine who bears responsibility for certain losses, claims or legal liabilities. These clauses can have significant financial consequences and are often fiercely negotiated.  When indemnification language is unclear, however, disputes can arise over who must defend a claim, pay damages or cover any legal expenses. 

5. Dispute resolution clauses

Many parties focus on how a contract will operate when everything goes well, but spend less time addressing what happens when a dispute arises. Dispute resolution clauses can determine whether disagreements are handled through litigation, arbitration or mediation. These provisions may also address where a dispute will be heard and which state's law will apply. If the language is ambiguous, the parties may find themselves arguing about the dispute process before they can even begin addressing the underlying issue. Contract disputes often originate from provisions that seemed routine when the agreement was signed. Taking the time to carefully review payment terms, termination rights, scope of work, indemnification language and dispute resolution procedures can help businesses avoid misunderstandings and reduce the likelihood of expensive legal conflicts in the future.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Is somebody watching? When can employers monitor you in New York?]]> https://www.tarantinolaw.com/?p=49062 2026-08-14T13:15:33Z 2026-08-26T13:15:00Z Security cameras are everywhere. Employers can track company computers, monitor internet usage and even review emails sent through workplace systems. As technology has expanded, so have questions about how much monitoring is too much. What rights do employees have to any kind of privacy on the job? In New York, the rules are different depending on whether the employer monitoring involves cameras, electronic communications or personal devices, making it important for both employers and employees to understand what the law does (and doesn’t) allow.

Cameras in the workplace

Video surveillance is common in many workplaces. Employers often use cameras to deter theft, improve security and investigate workplace incidents. In most cases, New York employers may install cameras in areas where employees and customers can reasonably expect to be observed, such as entrances, hallways, sales floors, warehouses and parking lots. There are limits, however. Employers generally may not place cameras in areas where employees have a heightened expectation of privacy, such as restrooms, locker rooms or changing areas. New York Civil Rights Law Section 52-c specifically prohibits employers from using video surveillance to monitor employees in employee restrooms, locker rooms or changing rooms. Violations can expose employers to significant civil liability and fines..

Computers and other electronic devices

Electronic monitoring in the workplace is even more common than video surveillance. Employers may monitor company-owned computers, smartphones, tablets, email systems and internet usage. They may also review files stored on company devices and track activity on company networks. New York law requires private employers to notify employees if they monitor telephone conversations, emails or internet usage. Employers must provide written notice upon hiring and obtain written acknowledgment from employees. They must also post notices informing workers that electronic monitoring may occur. The answer becomes more complicated, however, when personal devices are involved. In general, employees have stronger privacy protections when using their own phones, tablets or computers. However, personal privacy can become blurred when employees use their personal devices, like cellphones, for work purposes, connect to company networks or install employer-required software. For example, an employee who accesses company email through their personal phone may unknowingly allow certain business-related information to become accessible through company security or management systems. The extent of that access often depends on the employer's policies, any consent agreements the employee signed and the technology being used.

Can employers listen to conversations?

Audio monitoring raises different legal concerns than video surveillance. While employers may monitor certain business communications under limited circumstances, recording or intercepting conversations without proper authorization can be outright illegal. While New York is a “one-party consent” state for audio recordings, employers cannot secretly record an employee’s private, face-to-face conversations if the employer isn’t actually included. In other words, placing hidden microphones around the workplace to record employees talking to each other when they reasonably believe their conversations are private is considered unlawful eavesdropping.  In general, New York employers do enjoy broad authority to monitor workplaces, company-owned devices and electronic systems, but their authority is not unlimited. Employers who are concerned about their options and employees who feel their privacy has been violated can both benefit from legal guidance. ]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[5 common charting mistakes that create liability for nurses]]> https://www.tarantinolaw.com/?p=49055 2026-08-13T07:00:04Z 2026-08-26T06:58:15Z In nursing, the rule is, “if it isn’t documented, it didn’t happen.” While that phrase may sound harsh, it’s a reality that can affect many medical malpractice claims.  Memories can fade, witnesses leave for other positions and patients transfer to different facilities, but the charts remain – and they can be among the most important pieces of evidence that factor into the evaluation of a patient’s care when there are allegations of malpractice. As such, charting errors can be critical issues in more than one way. Some of the most common charting errors happen because the health care environment is often chaotic and stressful. They include:

1. Delayed charting

Nurses may intend to update their charts later, after they’re done handling urgent patient needs, but delayed entries can raise concerns about the accuracy of the notes and the timing of the care. When documentation is entered hours after an event, attorneys and expert witnesses may question whether details were forgotten or reconstructed after the fact. Delayed charting can also create confusion about when a patient’s condition changed or when interventions occurred.

2. Vague or incomplete documentation

Brief phrases like “patient stable” or “resting comfortably” may not provide enough detail to explain what was actually happening with the patient.  Good charting is usually specific and objective. Documentation should reflect what the nurse observed, what the patient reported and how the patient responded to care. Specific details about symptoms, complaints, behavior or changes in the patient’s condition often become important later if the patient’s care is questioned.

3. Failing to document communication

Communication issues appear in many malpractice cases. Nurses may appropriately notify a physician or provider about abnormal vitals, worsening symptoms or patient concerns – but conversations that didn’t get documented can be hard to prove. The chart should note:
  • When the provider was contacted
  • What information was communicated
  • Any orders or instructions received
  • Whether any follow-ups were necessary
Without documentation, it may appear as though concerns were never escalated at all.

4. Copy-and-paste charting

Electronic medical records have made documentation more efficient, but copying forward old assessments can create major problems with inaccurate information.  For example, a copied note may continue describing a patient as alert and oriented even after the patient’s condition changed. Inconsistent charting like this can become a major issue during litigation and lead to doubts about every note in the record, not just the duplicated ones.

5. Charting opinions instead of facts

Nursing can be stressful, especially during difficult patient interactions – but documentation should always remain objective and professional. Terms like “difficult,” “noncompliant” or “drug seeking” can create problems if they are not supported by factual observations. It is usually safer to document specific patient behaviors, illustrative statements and clinical findings that point to those conclusions rather than personal opinions.  In malpractice cases, the medical record often becomes the clearest timeline of events. Careful documentation helps demonstrate the nurse’s clinical judgment, communication efforts and response to patient concerns and makes for a better defense. ]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[3 steps for Buffalo physicians facing a notice of claim]]> https://www.tarantinolaw.com/?p=49072 2026-08-20T07:32:14Z 2026-08-25T07:31:20Z steps you take initially can shape your response to the allegation and help protect your interests.

What to do after receiving a notice of claim

Under state law, strict statutory deadlines apply once a notice of claim is served. If you are a physician in Buffalo facing an alleged malpractice claim, here are three steps you should take to protect your legal standing:
  • Review the notice of claim: Read the notice of claim carefully. Make sure you understand the patient’s allegations, the date and location of the incident and the nature of the alleged negligence. This can help you determine the proper response.
  • Notify your malpractice insurer: You should notify your malpractice insurer immediately after a patient files a complaint. Many malpractice policies require prompt reporting. Delaying notification could affect your coverage or complicate your defense.
  • Preserve medical records: Preserve all medical records related to the patient's care, including treatment notes, test results and other relevant documentation. Do not alter records after receiving the notice of claim,oing so could raise questions during the investigation.
Avoid talking about the claim with other patients, friends or people on social media. Anything you say could be used against you during the legal process. You may need to explain the patient's treatment and your medical decision to your professional liability insurer and legal adviser so they can better understand the circumstances of the case and help defend you.

Respond promptly and carefully

A notice of claim is an unproven allegation and does not mean you are liable for medical malpractice. Taking prompt action, preserving important documents and responding appropriately can help protect your legal rights. Work closely with your malpractice insurer and legal counsel. Provide them with complete and accurate information so that they can effectively assist you in building a strong response to the claim.]]>