Transactional and Compliance Counseling
Through counseling services, Colucci & Gallaher seeks to avoid business and municipal liability with the foresight of planning and preparation. When litigation can be anticipated, our attorneys creatively develop a legal strategy to position our clients for the best chance of success in settlement or trial.
Business Formation
The form of business chosen for a business entity potentially affects every aspect of its operations. Colucci & Gallaher, P.C. assists clients in formation and business planning in deciding whether they want to operate as a closely held business, limited liability company, partnership, or corporation. We have played a prominent role in the lobbying, drafting, and creation of public benefit corporations for local health care systems in and around Buffalo.
Risk Management and Business Development
Through a deep understanding of the business culture and the legal challenges faced by businesses throughout the Northeast, Colucci & Gallaher, P.C. works with clients to protect their interests and avoid legal problems from developing. We listen to our clients, evaluate their situation and counsel them on what actions should be taken to relieve them of any financial exposure. By addressing legal issues before they fully arise, our business clients both extinguish potential liability at its earliest stages and position themselves for the highest chance of success if litigation is needed in the future. Advising on such issues as labor-management relations, real estate transactions, and contract and lease provisions, Colucci & Gallaher, P.C. provides its business clients with the skill and knowledge it needs to meet its legal challenges and continue to grow and flourish.
Labor-Management Relations
With a tangled web of federal and state laws and regulations, labor-management relations is an area that requires substantial planning and counseling. The legal landscape of employment law has created many challenges for private businesses and municipalities. More than ever, a disgruntled employee has a wide array of legal options to pursue when treated with an adverse employment decision, including wrongful termination and discrimination. Colucci & Gallaher works with clients to ensure they have the necessary procedures in place to keep unlawful discrimination and harassment in check, while maintaining a functioning work force. We counsel our clients on the appropriate responses to specific situations and help put the business in a position to defeat any discrimination or harassment allegation brought by an employee. When a claim is brought, Colucci & Gallaher represents clients before administrative agencies and state and federal courts to swiftly defeat the claims.
In addition to discrimination, Colucci & Gallaher counsels on other aspects of labor-management relations. We review and draft contract provisions dealing with employee termination and severance pay, collective bargaining issues, and other employment agreements.
Real Estate Transactions
Colucci & Gallaher, P.C. drafts, negotiates and reviews agreements and contracts for any real estate transaction presented by its clients. Ranging from commercial leases to purchase agreements, skilled attorneys ensure that the legal ramifications of each agreement match their clients’ stated objectives.
Zoning & Land Use and Telecommunications
Colucci & Gallaher handles various legal issues surrounding zoning and land use, as well as the rapidly developing area of telecommunications law. Among these areas, skilled attorneys at Colucci & Gallaher will represent clients before local municipal planning boards seeking special use permits, variances, and waivers of ordinances to help provide clients the full use of their land and property. Colucci and Gallaher also assists developers and municipalities in legal issues arising under the State Environmental Quality Review Act (SEQRA), involving environmental impact studies made during construction and property development.
Regulatory Compliance
Colucci & Gallaher devotes tremendous resources to regulatory compliance counseling for both private business and municipal clients. Serving as outside counsel for a number of state and county hospitals, Colucci & Gallaher has developed a keen understanding of the requirements of the False Claims Act. Evaluating and developing billing and coding policies and procedures, Colucci & Gallaher helps monitor its clients’ systems to ensure compliance with the intricate details required by the Federal Government. We also advise and counsel on environmental compliance under the Clean Water Act, the New York Navigation Law, and other state and federal statutes and regulations. By ensuring compliance, Colucci & Gallaher is able to minimize its clients’ potential liability.
Lobbying & Legislation
Colucci & Gallaher has been active in lobbying and drafting state legislation for the establishment of public benefit corporations. Projects include the corporate restructuring of a quasi-dependent municipal hospital and related entities to an independent public benefit corporation that will allow the hospital and its related entities to have the legal, financial and managerial flexibility necessary to better operate in the current health care environment.
Contracts and Leases
Contracts and leases memorialize the agreement of the parties and serve as a reference for future disputes. Because of this, careful planning and drafting is essential to avoid disputes from arising. Colucci & Gallaher reviews all contracts and leases for business and municipal clients to ensure that the specific terms of the agreement suit their particular goals, now and in the future. By dissecting the agreement, we ensure our client’s position is legally sound and well-grounded so their rights and responsibilities are firmly established. Among the contractual issues we face are commercial leases and property agreements, employment agreements such as termination agreements, severance agreements and covenants not to compete, and health care agreements such as patient transfer agreements. We also handle contractual rights between municipalities and hired contractors and vendors to clearly set forth the scope of the work, manage risk, and define the rights and responsibilities among the parties.
Litigation Services
At Colucci & Gallaher, P.C., litigation attorneys take a goal-oriented approach to resolving disputes. This approach involves more than a mere understanding of procedural and substantive rules, and especially requires a sensitivity for the client's expectations, goals and budget. Within this framework, Colucci & Gallaher, P.C. attorneys make timely recommendations for the handling of litigation based upon sound business judgment principles. Litigation attorneys regularly appear at all levels of the state and federal court systems and have years of experience in the following areas:
- Appellate Litigation
- Business Litigation
- Casualty and Life Insurance
- Catastrophic Occurrence Liability
- Construction Contract Disputes and Construction Personal Injury Defense
- Contract Litigation
- Corporate Director, Officer and Shareholder Litigation
- Discrimination Proceedings and Litigation
- Environmental Litigation and Insurance Coverage Disputes
- Estates and Trusts Litigation
- False Claims Act Litigation
- Insurance Broker and Agent Liability
- Insurance Coverage Litigation
- Municipal and Public Authority Liability
- Personal Injury Defense Litigation
- Product Liability
- Property Damage Litigation
- Real Estate Broker Litigation
- Representation Of Self-Insured Businesses and Counseling Concerning Litigation Management, Risk Management and Underwriting Renewals
- RICO Litigation
- Risk Management Counseling
- Toxic Tort Litigation
- Securities Litigation and Arbitration
Insurance Coverage Counseling and Litigation
Several attorneys in the firm have practiced in the area of insurance law for most of their professional careers. These attorneys have regularly and frequently counseled insurance companies by providing informal coverage analyses, written insurance coverage opinions (and proposed correspondence to the insured) and services relating to insurance coverage litigation. The firm's experience with insurance coverage has resulted in many insurers and insureds seeking advice concerning homeowner, personal or business auto, comprehensive or commercial general liability, special events and professional liability issues. Many hundreds of written coverage opinions have provided insurance companies with clear and timely advice concerning the complex problems that coverage disputes often present.
Environmental Litigation
The firm’s work in the area of environmental litigation has occurred on behalf of clients with retail and commercial facilities throughout the State of New York. The defense of environmental claims has included actions brought by private citizens and the State of New York under the NYS Navigation Law (wrongful discharge of petroleum products) as well as lead-based paint claims, CERCLA, the Clean Water Act, and toxic tort suits including asbestos, sick building claims, and the defense of manufacturers and installers from claims arising from toxic exposure to urea formaldehyde foam insulation.
Construction Litigation
Construction litigation in New York requires a thorough understanding of the state’s Labor Law (sections 200, 240(1) and 241(6)), contract law, worker's compensation and insurance law. Today's litigation environment ensures that the issues of each construction‑related claim will be unique. Attorneys at Colucci & Gallaher, P.C. have defended owners (both private and public sector), construction managers, prime and general contractors, suppliers and employers and have been responsible for the development of new law in this area of practice.
New York construction law involves some of the most complex, technical areas of law. The experienced attorneys at Colucci & Gallaher understand the series of laws that embody burden shifts, strict liability, and other complicated issues. Recent amendments to the worker’s compensation law, coupled with the continued development of case law involving indemnity, pre-indemnification, and insurance procurement promise that construction litigation will continue to be a challenge for New York businesses. With the constant evolution of legal principles guiding construction litigation cases, skilled attorneys, such as those at Colucci & Gallaher, are needed to ensure quality representation at an affordable cost.
Municipal Liability
The representation of municipal or other public entities often requires experience in particular legal areas (labor law, contract law, public housing, civil rights, and road construction, for example). Our firm has substantial experience defending claims against public entities for Medicare fraud and illegal billing and coding activity under the False Claims Act. Attorneys of the firm have represented public entities in litigated and non-litigated matters from presuit discovery proceedings through appeals. The firm currently acts as outside litigation counsel for a variety of counties, towns, villages, and public authorities as well as the State of New York.
Colucci & Gallaher attorneys are well versed in the particular immunities and privileges afforded municipal and other governmental entities and invoke them at the proper time to protect their clients’ interests. We have also developed a familiarity with notice provisions required to institute claims and limitations placed on damages for which governmental entities can lawfully be liable. The cumulative effect of the knowledge and experience gathered through years of municipal litigation is the most comprehensive representation available.
Self-Insured Litigation
The firm's representation of self-insured clients has required attorneys to become involved in a variety of legal matters unique to each client. Several self-insured clients, for example, operate retail businesses resulting in claims relating to snow and ice conditions, design liability, maintenance, wrongful detention, discrimination claims, and Dram Shop (liquor) liability. Attorneys representing self-insured clients have defended the operation of supermarkets, product manufacturers, horse racing facilities, concessionaires, trade associations, and transportation companies. Defending claims for these clients frequently involves issues of contractual liability, tort liability, statutory liability (e.g., Dram Shop, Federal Motor Carrier Safety regulations, labor law, copyright, state and federal discrimination statutes, Federal Hazardous Substances regulations, environmental laws) and insurance coverage.
Products Liability
The firm's experience in handling product liability litigation is distinctive for two reasons. First, several attorneys have tried more lawsuits in this area than any other area of our practice. Second, attorneys handling product liability litigation have distinguished themselves and the firm by advancing new theories of law in New York State. For example, firm attorneys are responsible for new law concerning the duties of accessory product manufacturers, trade associations and swimming pool manufacturers. The liability of hazardous substance manufacturers and those subject to the Consumer Products Safety Act has been substantially eroded by the efforts of firm attorneys. Firm attorneys have experience representing designers and manufacturers of industrial, agricultural, construction, and commercial machinery, as well as assemblers, distributors, retailers and employers. Our firm recently handled complex cases concerning defects in Bridgestone/Firestone tires.
Alternative Dispute Resolution
Firm attorneys are active in alternative dispute resolution, both using it for our clients and serving as mediators and arbitrators for other attorneys’ cases. Mediation and arbitration allow negotiation between two or more parties to a dispute to resolve that dispute without the delays and expense of litigation. By mediating or arbitrating a dispute, the clients have the benefit of determining their own outcome, rather than having the outcome determined for you by a judge or jury.
Many of the attorneys have Colucci & Gallaher have been active in alternative dispute resolution since the mid-1980s. Our attorneys have served as arbitrators by appointment from the National Association of Securities Dealers and also handled arbitrations adjudicating employment law, construction law, environmental law, and securities law. Attorneys have also taught classes on mediation and negotiation.
Appellate Practice
Unlike many firms in Buffalo and throughout New York, Colucci & Gallaher attorneys remain active in their cases after the initial litigation is completed. When a judge rules incorrectly or an opponent challenges a decision in our clients’ favor, we maintain our involvement in the case through the appeals process to the Appellate Divisions and Court of Appeals in New York as well as federal appeals to the Second Circuit and United States Supreme Court. Our attorneys appear in appellate courts at least once a year. Because successful appellate litigation begins in the discovery and trial stages of a case, many of the firm's trial lawyers handle their own appeals.
