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Leandra’s Law Expanded

July 26th, 2010 by Kevin Mahoney | No Comments | Filed in Criminal and Traffic Law, DWI

In November 2009, Governor Paterson signed the Child Passenger Protection Act, also known as Leandra’s Law. The law is named after Leandra Rosada who was eleven years old when she was killed while in a vehicle operated by a friend’s drunken mother. Read on…

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“Till Death Do Us Part” Just Got Easier

July 2nd, 2010 by Elizabeth DiPirro | No Comments | Filed in Matrimonial Law

It has long been rumored that the divorce rate in America has reached an all-time high with a predicted 50% of marriages ending in divorce.  In New York State, the process of divorce has been especially renowned to be complicated, emotionally and financially damaging, and torturously long.  This characterization seems well deserved considering, as NBC New York points out, New York was the only state in America lacking no-fault divorce legislation.  However, Read on…

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Debt Collectors’ Hidden Agenda

June 24th, 2010 by Diane Tiveron | No Comments | Filed in Debt Protection

In today’s economy, Americans have struggled to make a decent income or keep their jobs at all, a situation several Western New Yorkers can sympathize with. Despite this sympathy, there are an abundant amount of large corporations in the Buffalo area that seem to be profiting off the economic misfortunes of others and, surprisingly, the culprits are the debt collectors that promise to help us out of debt in the first place. Read on…

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Family Health Care Decisions Act

June 8th, 2010 by Linda Grear | No Comments | Filed in Estate Planning

In March of this year, Governor Paterson signed into law the Family Health Care Decisions Act (FHCDA). The law allows family members to make medical decisions, including decisions about withholding or ending life-sustaining treatment, on behalf of individuals who have lost their ability to make such decisions and have not prepared advance health care directives (such as a Health Care Proxy or Living Will). Read on…

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‘Sinking home’ verdict

April 12th, 2010 by Hogan Willig | No Comments | Filed in Real Estate Law

Karen and Anthony Regan purchased 107 Blue Heron Court in 2007 from owners Elaine and Robert Altman. They spent $282,000. It should have been just another residential real estate transaction – completed, recorded and, except for those involved, forgotten. Instead, it may have far-reaching consequences in the local real estate market.

As the Regan family soon found out, the house was one of the “sinking homes” in Amherst with serious foundation issues. The Altmans completed the required property condition disclosure paperwork prior to the sale. The Regans, with a home warranty in place, opted not to spend the money for a home inspection that may have exposed the foundation issues.

The result: The Regans filed suit against the Altmans and both real estate agents involved in the transaction, John Fox of Hunt Real Estate Corp. and Scott Thomas of Keller Williams Realty.

Last month, a jury in state Supreme Court awarded $282,000, the full purchase price of the property, to the Regans.

The jury then divided the liability, finding that the previous owners were 75 percent liable for the verdict, the buyers were 5 percent liable and Fox, who represented the sellers, was 20 percent liable.

It is the 20 percent liability for the real estate agent that has many wondering: Was the verdict fair?

If a real estate agent is given information and he presumes it to be true, how far will he or she now have to go to verify facts? Will agents have to insulate against what could be a flurry of similar lawsuits from homeowners unhappy with their new purchase?

Read more: ‘Sinking home’ verdict - Business First of Buffalo:

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HoganWillig breaks into top 10

April 5th, 2010 by Hogan Willig | No Comments | Filed in About the Firm

The release of Business First’s 2010 law-firm rankings - an annual barometer of how the Western New York legal community is stacking up - is out.

Local attorneys say while it has been anything but business as usual over the last 12 months, there are signs that things are looking up - or that the sky was never falling as some people forecast.

Nine of 10 firms retained their position in the top tier of the list, with only Harris Beach PLLC dropping from the top 10. Moving into the top 10 for the first time - from No. 13 to 9 - was HoganWillig, which saw double-digit growth within its attorney ranks with its relocation to a new building that owner Corey Hogan said nearly doubled the firm’s space.

“We felt, from our perspective, that we wanted to get to a certain size so we could be effective in providing all of the services our clients want,” he said. “We also realize those needs are changing, and we want to be able to help our clients avoid problems rather than solving their problems once they are there.”

Hogan says business has been up at the firm. The business is out there, he says, and when times are tough, clients look for a firm that can add extra value through their services.

“We have seen some added buzz since the move,” said Managing Partner Diane Tiveron. “But also, it has allowed us to reconnect with some of our clients that we haven’t seen in a while, invite them in, and show them around a building we are very proud of.”

Other mainstays on the law list credit their ability to weather the economic storm on adjusting the size of underworked practice groups, cutting back on operational costs and capitalizing on growth areas typically seen during a down economic period.

See the full article in the Buffalo Law Journal

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HoganWillig wins silver in Best Places to Work in Western New York

March 26th, 2010 by Hogan Willig | No Comments | Filed in Uncategorized

We are pleased to announce that HoganWillig has won silver in the medium business category of the Best Places to Work in Western New York.  This is a testament to the hard work and dedication of all the staff and management here at HoganWillig.  One of HoganWillig’s best practices is that we encourage ideas and suggestions that can improve our business from employees at all levels. Management offers genuine respect to everyone; an attitude that permeates through the entire organization that creates an open and honest environment to share ideas. We believe that our system where employee feedback is welcomed and listened to results in positive impacts for the firm and increased job satisfaction. We are a full service law firm conveniently located in Amherst, New York.  We have a skilled team of 39 attorneys, as well as an extensive support staff to best serve our clients needs.  This February, we moved to a new office located at 2410 North Forest Road.  We are excited to serve as the anchor tenant in this 80,000 square foot Class A, LEED registered building.  Our new building has state of the art features such as under-floor heating and cooling, which produces cleaner and healthier air to breathe, ambient lighting sensors that are energy efficient and provide better lighting that fluorescents.  These features, as well as many others in our new space, are shown to increase productivity and employee satisfaction in the workplace.  We will continue to serve Western New York, as we have since 1975, with the utmost commitment to ethical and professional standards.  Visit us on the web at www.hoganwillig.com.

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Event: Landlord-Tenant Law Update

March 23rd, 2010 by Hogan Willig | No Comments | Filed in About the Firm, News, Real Estate Law

Diane R.Tiveron will be presenting.

Date: Tuesday, June 8, 2010
Registration: 8:00 a.m.
Presentations: 8:30 a.m. - 5:00 p.m.
Lunch: (on your own) 12:00 - 1:00 p.m.Location:
Marriott Rochester Airport
1890 West Ridge Road
Rochester, NY 14615

For more information visit Sterling Education Services Inc.

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PROS AND CONS OF HIRING AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR: HARSH PENALTIES FOR MISCLASSIFICATION

March 2nd, 2010 by Hogan Willig | No Comments | Filed in Corporate & Business Law

Hiring is good news for your business.  It is growing and more help is needed.  However, should you hire a new employee or an independent contractor?  Consider the pros and cons of hiring an employee or an independent contractor:

Pros of Hiring An Independent Contractor

·        Reduced Costs:  Payroll, benefits, and other overhead are reduced.  Such reduction in overhead can mean less pressure to bring in new business revenue to cover the costs of the added labor.

·        No Health Benefits:  Deserving of specific mention is the huge burden on small businesses is the ever increasing costs of employee health benefits.

·        Use as Needed:  Independent contractors may agree to work inconsistent numbers of hours based on your small business’s changing needs.

·        Specific Expertise:  Your small business can select someone who already has the specific expertise that you require for a particular project.

Pros of Hiring An Employee

·        Flexibility: Employees can be much more flexible in different areas and as changes in tasks require. 

·        Single Minded Loyalty: An employee is likely to have a much stronger loyalty, which can mean more productivity as well as a long term investment in the growth of the business.

·        Knowledge of Business:  There is greater knowledge of your small business as a whole and see it in operation on a consistent basis.

Cons of Hiring An Employee

·        Burden of Payroll:  The burden of having to make payroll often means that your ability to count on your own paycheck is less consistent.

·        Additional Overhead:  In addition to the costs of employee benefits and payroll often comes the need for bigger space and more equipment.

·        Management Role:  As your small business grows in size, there comes with it the burden of training and supervising employees.  This can divert your attention from the business operations.

·        Legal Issues:  Your small business becomes exposed to worker-related lawsuits. There are many laws that must be addressed and complied with.

Cons of Hiring An Independent Contractor

·        Loss of Control:  Part of what makes a contractor independent is their ability to choose the projects they take and how they perform them.  Contractors may have outside projects and less commitment than an employee.

·        Rates Can Vary:  An independent contractor may charge different rates based on varying projects.  This unpredictability can may it difficult to ascertain the cost of a prospective project. 

·        Harsh Penalties for Misclassification:  If you make an error in classifying an employee as an independent contractor, you can be held liable for many penalties, including with respect to employment taxes, interest charges, and penalties. 

 

 

 

Given the severe costs of misclassifying an employee as an independent contractor, the rules should be carefully reviewed with an attorney prior to hiring. 

 

 

 

 

Visit our Corporate & Business Law Department at www.hoganwillig.com.

ISKALO DEVELOPMENT COMPLETES 80,000 SQ FT OFFICE BUILDING

February 25th, 2010 by Hogan Willig | No Comments | Filed in News

 

 

WILLIAMSVILLE, NY – Iskalo Development Corp. today announced the completion of 2410 North Forest, the company’s newly constructed Leadership in Energy and Environmental Design (LEED) Registered, Class A office building located on North Forest Road at the intersection with John James Audubon Parkway in Amherst. Iskalo Development also announced that anchor tenant HoganWillig Attorneys at Law have taken occupancy of the entire third floor, leaving approximately 50,000 square feet of office space available for lease.

Located at the entrance to the University at Buffalo North Campus, the three-story, 80,000 square-foot office building is one of the first multi-tenant LEED Registered buildings in Western New York, providing an ideal opportunity for companies that lease space to participate in the LEED program. Some of the ‘Green’ amenities the building features include floor-to-ceiling glass to maximize daylighting, automated light sensors to reduce energy usage, and an underfloor air distribution system to provide the highest quality indoor air available.

“We’re excited to see the completion of 2410 North Forest and to welcome our first tenant to the building,” Paul B. Iskalo, president and CEO, Iskalo Development Corp., said. “2410 represents a significant planning effort on our part and reinforces our belief that office space should be viewed as a ‘tool’ for business and not just a place to house one. 2410 North Forest will be of interest to those progressive businesses that understand that the quality of their corporate facilities play a critical role in maximizing the productivity of their employees.”

A recent landmark study completed by the University of San Diego and commercial real estate broker, CB Richard Ellis, revealed that ‘Green’ buildings like 2410 North Forest increase employee productivity while decreasing turnover and absenteeism. Additional case studies have shown examples of companies in ‘Green’ buildings achieving increases in productivity as high as 16%, with each 1% gain in productivity equating to about $3.00 per square foot savings in occupancy costs over traditional buildings. The financial benefits from reduced absenteeism and turnover, as well as increased productivity, substantially outweigh all other fiscal considerations. 

HoganWillig chose 2410 North Forest as an ideal location to consolidate its operations from multiple locations and bring more than 100 employees together under one roof. The new office space will also provide room for their growing practice and demonstrate the law firm’s commitment to being environmentally responsible.

“Though one doesn’t necessarily associate a law firm with environmental leadership, it is a principle we embrace at HoganWillig whole-heartedly and was an important factor in our choosing of 2410 North Forest for our new home,” Corey Hogan, founder of HoganWillig said. 

HoganWillig is a full-service law firm with conveniently located offices in Erie and Niagara Counties. As the largest suburban general practice in Buffalo, they have a skilled team of 39 attorneys, including a physician-attorney, as well as two on-staff Registered Nurses and an extensive support staff to serve their clientele.

Iskalo Development is a full-service real estate development company headquartered in Williamsville, NY, and specializing in corporate and medical office, light industrial, retail and mixed use projects located throughout Western New York. The company prides itself on finding well located, underutilized buildings and repositioning them as signature properties in the marketplace. For more information, visit www.iskalo.com.