2 CARTER CONBOY ATTORNEYS AND COUNSELORS AT LAW HISTORY AND PURPOSE Carter Conboy was founded in 1920 when J. Stanley Carter and M. James Conboy became partners in the practice of law. Since then, our practice has diversified and expanded significantly to meet the needs of a growing client base and today s challenges. We currently assist thousands of businesses, government entities, and individuals with a wide variety of legal matters, and appear regularly in state and federal courts throughout New York and Massachusetts. Our purpose, however, remains essentially unchanged from when we began: to provide excellent legal services to our clients. PHILOSOPHY In representing our clients, we embrace, and are guided by, the following key principles: Relationships Matter. We understand the role relationships can play to the success or failure of our clients legal matters and we undertake to maximize the values of these relationships for our clients benefit. What You Can t See Can Hurt You. We provide value to our clients by working to understand all of the facts and issues which are important to client matters, not just the transparent ones. Today s Deal May Be Tomorrow s Lawsuit. We live and do business in a contentious and litigious society. Fortunately, our attorneys are as experienced and accomplished in the courtroom as they are at the closing table. Our transactional clients can be confident that their interests will be protected should litigation occur, and our litigation clients can be assured that their trial attorney understands how a deal is made. COMMITMENT TO DIVERSITY AND COMMUNITY Carter Conboy is strongly committed to diversity. We strive to recruit, retain, and advance individuals of all backgrounds so that our workforce reflects the diversity of our clients and our communities. We are proud that our firm is made up of attorneys and staff who bring different perspectives and experiences to the firm. Carter Conboy believes that promoting diversity among attorneys and staff makes us a more collegial and competitive firm in the marketplace. Our commitment to diversity applies not only to the growth and development of our firm, but also to our selection of business partners and vendors. Carter Conboy provides equal opportunity employment and advancement opportunity regardless of race, color, gender, national origin, religion, sexual orientation, or disability. Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C. Attorneys and Counselors at Law 20 Corporate Woods Boulevard, Albany, New York Voice: Fax:
3 ALFA INTERNATIONAL BASICS: Carter Conboy is a member of ALFA International, the premier network of independent law firms. Founded in 1980, ALFA International was the first and continues to be one of the largest and strongest legal networks with 145 member firms throughout the world. Our 80 U.S. firms maintain offices in 95 of the 100 largest metropolitan areas. Our 65 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America. MISSION: ALFA International s mission is to provide high quality, cost-efficient legal services wherever our clients need them. The ALFA model enables our members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience of other member firms. ALFA clients benefit from a geographically comprehensive network of exceptional law firms and accomplished trial and business counsel. Our member firms meet high standards to be part of the ALFA network and are well respected by their peers in the legal and business community THE ALFA INTERNATIONAL DIFFERENCE: While ALFA International is an association of independent law firms, our members establish broad, deep relationships with each other by attending ALFA International CLE seminars throughout the year and working together on compendia, seminar programming, and most importantly, client matters. As a result, referrals among ALFA firms represent partnerships between trusted friends and colleagues rather than one-off engagements. Similarly, our many events provide corporate counsel with the opportunity to network among ALFA International lawyers and their peer in-house lawyers. PRACTICE AREAS: ALFA International attorneys have expertise across a full array of legal practice areas, a subset of which are supported through our ALFA International Practice Groups. As part of our Practice Groups, the attorneys work together to deliver excellent educational programming, including seminars, webinars, client site mini-seminars, reference materials, speakers, newsletters, and more. The ALFA International Practice Groups referred to above include: Business Litigation Construction Health Care Hospitality Insurance International Law IP/Technology Labor & Employment Product Liability & Complex Torts Professional Liability Retail/Real Estate Transportation Women s Initiative Workers Compensation
5 AMERICAN LEGAL & FINANCIAL NETWORK (ALFN) BASICS: Carter Conboy is a member of the American Legal & Financial Network (ALFN). The ALFN, established in 2002, has quickly grown to become the largest national network of law firms engaged in mortgage banking and financial services law and litigation, having members in nearly every state in the country. The ALFN leads the industry as a provider of strategic and timely education to its members and their clients. The ALFN s membership roster includes professionals from the mortgage banking community, including lawyers, bankers, investors, and consultants. MISSION: The ALFN s mission is to serve legal and mortgage banking professionals and their clients and customers, through leadership, education, and professional development. THE ALFN DIFFERENCE: Carter Conboy is privileged to live in and work around those in banking, an industry which is constantly changing and evolving. As a member of the ALFN, Carter Conboy attorneys work together with highly talented and energetic professionals in the banking industry who are overflowing with new ideas and innovative approaches. As part of this dynamic team, the firm becomes a force for strategic information, quality education, positive innovation and change, all of which enable us to offer our clients access to unsurpassed legal representation and ensures that our clients have access to legal representation in foreign jurisdictions, when needed.
6 AFFILIATIONS Carter Conboy and its attorneys maintain membership and leadership roles in national and local affiliations that reflect our practice areas. By maintaining these roles, our attorneys stay current on recent developments and changes in the legal profession. A partial list of our affiliations: # ALFA International (ALFA) # Aircraft Owners and Pilots Association # American Arbitration Association # American Association of Nurse Attorneys # American Bankruptcy Institute # American Bar Association # American College of Trial Lawyers # American Immigration Lawyers Association (AILA) # American Inns of Court # American Legal and Financial Network (ALFN) # Aviation Insurance Association # Capital Alliance of Young Professionals # Capital District Trial Lawyers Association # Capital District Women=s Bar Association # Capital Region Builders & Remodelers Association # Claims & Litigation Management AllianceJ # Defense Research Institute # Energy Bar Association # Federal Magistrate Judges Association # Federation of Bar Associations, 4th Judicial District # Federation of Defense & Corporate Counsel # GenNext Council of the Albany-Colonie Regional Chamber of Commerce # International Association of Defense Counsel # International Medical Graduate Taskforce # Lawyers-Pilots Bar Association # Leadership Tech Valley # Legal Aid Society of Northeastern New York, Inc. # National Association of Home Builders # New York Judicial Conference # New York State Bar Association # New York State Health Facilities Association # New York State Homebuilders Association # New York State Motor Truck Association # New York State Public Employer Labor Relations Board # New York State Trial Lawyers Association # Saratoga Economic Development Corporation # Numerous jurisdiction-specific chambers of commerce # Numerous jurisdiction-specific bar associations
7 PRACTICE AREAS
8 ALTERNATIVE DISPUTE RESOLUTION (ADR) ADR is an increasingly popular option that allows individuals and businesses to resolve disputes outside of the courtroom. The decision to mediate or arbitrate is a strategic one, particularly in cases involving highly technical issues or industry-specific standards. Increasing costs associated with civil litigation, in both time and expense, combined with the uncertainty of jury verdicts, have led parties to seek alternative means to resolve their disputes. In selecting a Carter Conboy attorney to serve as a neutral on your case, you are selecting an experienced practitioner who understands the nuances of civil litigation in a multitude of specialties as well as the ever increasing value to alternate forms of dispute resolution Whether it s a binding arbitration or a non-binding mediation, Carter Conboy s attorneys possess industryspecific experience, strong relationships with consultants and experts in nearly every type of service - from financial transactions to personal injury to health care - and possess exceptional draftsmanship and oratory skills, all which position our attorneys to be adept at serving as a neutral by parties who have chosen Alternative Dispute Resolution.
9 APPELLATE ADVOCACY With extensive litigation experience as the backbone of the firm, Carter Conboy brings knowledgeable perspective, thoughtful counsel, and exceptional draftsmanship and oratory skills to the appeals process in all state and federal courts throughout New York State. By balancing the individual client s needs with the larger understanding of an appellate decision, Carter Conboy is poised to best counsel and represent its clients while seeking greater definition of the law in the following courts: New York State Supreme Court Appellate Division, First Department New York State Supreme Court Appellate Division, Second Department New York State Supreme Court Appellate Division, Third Department New York State Supreme Court Appellate Division, Fourth Department New York State Court of Appeals United States Court of Appeals for the Second Circuit United States Supreme Court
10 CARTER CONBOY BUSINESS & COMMERCIAL LAW AND LITIGATION Carter Conboy s Business and Commercial Law and Litigation Practice Group provides creative transactional, litigation, and alternative dispute resolution services in the following related practice areas: Business Law Entity formation, governance and regulatory compliance matters for corporations, limited liability companies, partnerships, limited partnerships and other entities Acquisitions, mergers, reorganizations, dissolutions and dispositions Business succession planning Franchise and licensing agreements Equipment leasing and secured lending transactions of all types Negotiation, drafting, and review of contracts and agreements Commercial Litigation and Alternative Dispute Resolution Employment disputes Consumer protection claims (TILA, FDCPA, RESPA, HOEPA, etc.) Breach of Contract claims Uniform Commercial Code disputes RICO claims Unfair business practices and intellectual property disputes Injunction disputes Real estate and tax assessment matters Condemnation proceedings Insurance litigation (liability and coverage disputes) Mediation and Arbitration Creditors Rights Drafting, review, and enforcement of secured and unsecured loan documents Lien perfection, enforcement, and foreclosure Commercial and consumer debt collection Repossessions Defense of lender liability claims Loan workouts and restructuring Bankruptcy stay relief motions, plan review, confirmation objections, defense of avoidance and preference proceedings Regulatory compliance
11 Labor and Employment Administrative proceedings before the NYS Division of Human Rights and EEOC Employee discipline, compliance and termination matters Discrimination, harassment and wrongful termination claims Whistle blower claims Wage and benefits claims Disability and compensation claims Regulatory compliance
12 CARTER CONBOY CIVIL LITIGATION Since its inception in 1920, Carter Conboy has represented individuals and corporations in all forms of dispute resolution including trial, mediation, and arbitration, while helping its clients to make the right choices for successful resolutions to disputes. Based upon decades of experience, the attorneys in Carter Conboy s Litigation Practice Group possess extensive trial experience and keen insight into the intricacies of dispute resolution in an extensive range of matters, including Labor & Employment Commercial & Business Law Municipal Law Professional Liability Insurance Law Health Care Product Liability Construction Accident Law Construction Contract Law Real Estate Creditors Rights & Banking Law Environmental Law Family Law Agent/Broker Activities Trucking & Transportation Arbitration, Mediation, and Litigation Premises and Property Damage Liability General Negligence Personal Injury Retail Liability Trusts & Estates Motor Vehicle Law
13 CARTER CONBOY CONSTRUCTION ACCIDENT LAW & LITIGATION Carter Conboy s Construction Practice Group are experienced leaders in the industry. In addition to our long and successful history of taking complex Labor Law cases to trial, Carter Conboy counsel have an in-depth understanding of the construction industry, its governing laws and statutes, and the realities and risks that burden owners, developers and contractors. Our construction lawyers represent the needs of local and national owners and developers, prime contractors and subcontractors, construction firms, owners, managers, builders, architects, engineers, equipment suppliers, sureties, and other design professionals, in both the public and private sectors. We work closely with our clients to know the nuances of their particular business so we are able to contain their risk and provide high-value, cost-efficient legal services that plans for and protects their needs. Members of our group are active participants in numerous construction industry trade groups and associations, allowing us to stay abreast of current legal trends specific to the construction industry. Carter Conboy s Construction Practice Group offers a full-range of legal services to our clients in all aspects of construction from contract procurement, to risk management and prevention, to defense litigation. # Defense litigation of construction disputes and claims including but not limited to simple to complex Labor Law 200, 240 and 241 claims, and claims involving construction defects, design defects, and structural failures. # Risk management and prevention, including but not limited to business risk analysis, contract negotiations and drafting, insurance and bond issues, and providing educational seminars on industry and employment topics. # Procurement, including but not limited to bid protests, governmental regulation compliance, and minority and women owned business participation. # Arbitration and mediation. # Representation before dispute review boards, appeals boards, regulatory compliance investigations and proceedings including OSHA, and administrative agency proceedings. # Insurance coverage analysis and pursuit of insurance coverage for defense and indemnification of clients. # Contract drafting, review and analysis. # Interrelated matters and claims, such as those related to labor and employment, professional liability, product liability, environmental issues, land use and zoning, manufacturing disputes.
14 CARTER CONBOY CREDITORS RIGHTS & BANKING LAW Carter Conboy s Business and Commercial Law and Litigation Practice Group helps companies and individuals succeed by identifying and meeting their legal needs where they do business. We accomplish this by providing creative transactional, litigation, and alternative dispute resolution services in the following related practice areas: Business Law Entity formation, governance and regulatory compliance matters for corporations (business and taxexempt), limited liability companies, partnerships, limited partnerships and other entities Acquisitions, mergers, dissolutions, and dispositions Reorganizations Business succession planning Franchise and licensing agreements Equipment leasing and secured lending transactions of all types Negotiation, drafting, and review of contracts and agreements Commercial Litigation and Alternative Dispute Resolution Employment disputes Consumer protection claims (TILA, FDCPA, RESPA, HOEPA, etc.) Breach of Contract claims Uniform Commercial Code disputes RICO claims Unfair business practices and intellectual property disputes Injunction disputes Real estate and tax assessment matters Condemnation proceedings Insurance litigation (liability and coverage disputes) Mediation and Arbitration Creditors Rights Drafting, review, and enforcement of secured and unsecured loan documents Lien perfection, enforcement, and foreclosure Commercial and consumer debt collection Repossessions Defense of lender liability claims Loan workouts and restructuring Bankruptcy stay relief motions, plan review, confirmation objections, defense of avoidance and preference proceedings Regulatory compliance Statutory compliance under New York s Navigation Law and depth of knowledge of the regulatory authorities in New York State, Connecticut and Massachusetts.
15 CARTER CONBOY CRIMINAL LAW Overseen by retired United States Magistrate Judge, David R. Homer, Carter Conboy's criminal law practice involves the representation of individuals and businesses in all manner of complex white collar criminal matters, including the defense of fraud, corruption, corporate misconduct charges, internal corporate investigations, and criminal appeals. Judge Homer draws on his decades of experience as a federal prosecutor and judge to represent clients in these matters effectively and to achieve the best possible results.
16 CARTER CONBOY ENVIRONMENTAL LAW Carter Conboy works with engineering, environmental, and industrial hygiene experts to counsel businesses, property owners, and banks regarding hazardous wastes and exposure from PCBs, toluene, lead, benzene, asbestos, to pathogens. This Practice Group brings the necessary legal knowledge and technical expertise to industrial and manufacturing clients in the following areas: Property damage litigation due to pollutants Labor and employment claims against employers, contracts, and suppliers for exposure to allegedly hazardous substances Legal counsel in substantive areas of environmental law, including air, water, solid waste, hazardous waste, infectious waste, transactions, building management, and the handling, transportation, regulation and cleanup of hazardous substances. Personal injury defense litigation involving injuries allegedly caused by exposure to chemical, refined products, and other products or elements Toxic Tort Litigation involving a multitude of chemicals and substances, including Ammonia Asbestos Benzene Butadiene Chlorine Dioxin Ethylene oxide Fuels Hexavalent Chrome Insulation Lead Mold Pesticides Silicon Solvents Various waste materials Other harmful chemicals Spill and pollution claims Statutory compliance under New York s Navigation Law and depth of knowledge of the regulatory authorities in New York State, Connecticut, and Massachusetts
17 CARTER CONBOY EQUINE LAW Located in Saratoga Springs, Carter Conboy s second office is in the heart of the Saratoga equestrian world. Participating in horse racing, especially from an ownership view, can be exhilarating. With the region s longstanding tradition of horse racing and home to the oldest race track in the country, horse racing syndication is not only a business but a way of life for many. Carter Conboy has experienced attorneys who provide counsel, strategies and solutions to members of the equine world, including horse breeders, owners, riders, sponsors and trainers throughout the State of New York. From assisting with purchases, sales, contracts, partnerships, breeding syndication and other equine issues, Carter Conboy will guide you through the exciting and competitive field of horse racing. Specifically, the Equine Law Practice Group counsels and represents clients on all aspects of Equine Law: Agent Purchase and Sales Agreements Breeding Contacts Business Formation, Transactions and Counseling Conduct, Drug and Rules Violations Corporations and Partnerships Disciplinary Hearings and Issues Employment Practices Equine and Ranch Real Estate Matters Equine Insurance Claims Equine Litigation General Equine and Horse Law Lease Agreements Installment Sale Agreements Purchase and Sale Agreements Racing and Licensing Regulation Issues Sales Commission Disputes Syndication Agreements Tax Planning
18 CARTER CONBOY FAMILY LAW Carter Conboy knows that Family Law cases are best handled with compassion underscored by the objectivity and strategic skills of a practiced litigator. The attorneys of the Family Law Practice Group step into a family in crisis and help them move through the legal process toward resolution, primarily through negotiation but also in court, when necessary. The Carter Conboy Team counsels clients on all aspects of Family Law: Child custody/visitation Child/spousal support Pre-nuptial/Post-nuptial agreements Domestic Relations Divorce/Separation Grandparents rights Adoption Protection Co-habitation rights Property rights Mediation
19 CARTER CONBOY HEALTH CARE LAW AND LITIGATION In the ever-changing world of health care regulation and medical malpractice, Carter Conboy has more than 30 years of experience in understanding and interpreting the trends dictated by regulatory and business development to offer a comprehensive array of services to meet its Health Care clients needs: Medical Malpractice Health Care litigation/licensure Managed Care litigation Hospital liability Nursing Home liability Credentialing Peer and Staff Review Risk Management Health Industry Employment Law Professional Liability Licenser defense Provider Network defense Credentials defense The Health Care Practice Group also provides counsel to hospitals and medical practitioners in the following business-related areas: Review of professional contracts Real Estate and reimbursement issues Lectures on best practices for preventing lawsuits Collections, wills, and estates Labor and practice Defense against Unfair Trade and Antitrust charges Provider Network defense Credentials defense
20 CARTER CONBOY INSURANCE LAW For decades, Carter Conboy has represented individuals and corporations in the analysis and defense of insurance claims, counseling clients on making the right choices for successful resolutions to disputes. The Insurance Law Practice Group continues this counseling with analysis to its individual, agency, and insurance carrier clients regarding insurance coverage issues, strategy, and procedure in the following areas: Insurance Policy coverage analysis Declaratory Judgment Actions Reinsurance disputes Homeowners insurance policy claims Motor Vehicle insurance policy claims Commercial General Liability insurance policy claims Life & Disability insurance policy claims 1B Analysis (Workers Compensation/Employers Liability) Disclaimer/Reservation of Rights Preparation Examinations Under Oath Arbitration, mediation, and litigation
21 LABOR AND EMPLOYMENT LAW Carter Conboy s Labor and Employment Law Practice Group attorneys represent private corporations and public entities, ranging from small business owners to Fortune 500 companies to non-profit organizations. We emphasize knowing our client s business and seeking outcomes that fit the client s business goals. We provide risk management counseling, establish best practices, work to mitigate future liability, contain our client s long-term legal costs, and zealously represent clients in negotiation and litigation. We have successfully defended and counseled our clients in: Litigation in state and federal courts Administrative proceedings before the New York State Division of Human Rights and the Equal Employment Opportunity Commission Arbitration and mediation of labor and employment disputes, claims, and grievances Employment contracts, collective bargaining agreements, severance agreement, policies, procedure manuals, and employee handbooks Employee relation issues including confidentiality, trade secrets, and non-compete issues Employee discipline, compliance, and termination Discrimination, harassment, retaliation, and wrongful termination claims Wage, hour, and benefit claims under the Fair Labor Standards Act and New York State law Disability and compensation claims Whistle blower claims Regulatory compliance Federal law compliance, including Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act, The Americans with Disabilities Act, The Genetic Information Nondiscrimination Act, the Equal Pay Act, and Constitutional Rights New York State law relating to age, arrest, conviction, creed, religion, disability, domestic violence victim status, family status, genetic predisposition, domestic workers, marital status, military status, national origin, race, color, retaliation, sex, and sexual orientation.
22 MUNICIPAL LAW With extensive experience in the highly specialized and complex field of municipal law, the attorneys of Carter Conboy s Municipal Law Practice Group know the intricacies of the workings of local governments. We have extensive experience in all phases of litigation involving municipalities and have unmatched experience defending municipalities and their officers and employees in civil rights litigation. Currently representing more than 50 cities, villages, towns, counties, state agencies, fire districts, ambulance districts, public colleges and universities, school districts and municipalities throughout New York State, the Municipal Law Practice Group provides the following legal expertise and services to its public and private sector municipal clients: Litigation in State and Federal Courts Property acquisition, sale, and eminent domain disputes Zoning ordinance and enforcement Risk management and avoidance Policies and procedures; Labor issues, training, and workplace hazards Statutory interpretation and enforcement Counseling on proper procedures used in passing ordinances Drafting municipal resolutions budgets and contracts Administrating levies and bond issues Responding to changes in legislation Awarding permits and licenses
23 CARTER CONBOY PRODUCT LIABILITY LAW The Carter Conboy Product Liability Practice Group combines its trial attorneys strategic prowess with technical research and expertise to counsel clients in preemptive best practices and defend clients against claims of injuries resulting from allegedly defective products. The Product Liability Practice Group is made up of experienced litigators who have successfully represented local, national, and international manufacturers, retailers, distributors, and employers from varied industries including Aviation Medical devices Automobiles and recreational vehicles Appliance and other consumer products Food processors Retailers of equipment, products, and machinery. The Group works with its clients to assist them with product liability issues as follows: Evaluate claims Consult with technical experts Provide counsel toward reducing potential liability exposure Draft company policies, promotional, and institutional material Train company personnel in proper accident response procedures Litigate claims
24 PROFESSIONAL LIABILITY LAW Carter Conboy understands that the representation of individuals and businesses accused of professional malpractice or misconduct requires discretion, efficiency and demonstrated expertise and knowledge in recent legislation, applicable case law, and new practice techniques and theories. The Professional Liability Practice Group has successfully defended individuals and businesses from all sectors of the professional arena, including the following: Accountants and certified public accountants Architects Attorneys and law firms Audiologists Bankers and banks Chiropractors Dentists and dental professionals Directors and officers Engineers Financial planners Insurance agents and brokers Mental health practitioners, including psychiatrists and psychologists Midwives Nurses and nursing professionals Nursing homes and assisted living facilities Optometrists and ophthalmologic specialists Pharmacists and pharmacies Physical and occupational therapists Physicians Physicians assistants Podiatrists Real estate professionals, including brokers, title agents, land surveyors Our attorneys work with our clients to defend and counsel them on Professional Liability issues such as the following: Professional malpractice Misconduct Malfeasance Statutory violations Breach of fiduciary responsibilities Analysis of contracts Risk analysis and liability prevention Updated procedures Interpreting recent laws and case
25 Licensing and Disciplinary Issues We know that nothing is more important to a professional s career than his or her license to practice. Over the last decade, the total number of complaints against professionals has increased at an astounding rate, with a parallel increase in the number of investigations and prejudicial actions against professionals. Our mission is to represent our clients through the difficult process of licensing and disciplinary proceedings, to protect their reputation, business, license, and livelihood. The attorneys in our Professional Liability Practice Group appear regularly before State professional licensing boards, including The Office of Professional Misconduct (OPMC), as well as before hospital committees, Medicare and Medicaid boards, peer review committees and organizations, and other governmental agencies.
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