National Law Journal
"Barclay Damon jumped onto several of our top charts"
In an article accompanying its 2016 list of the country’s 500 largest law firms, the National Law Journal says, “Barclay Damon jumped onto several of our top charts, including largest gains in total attorneys, size of the partnership, and associate ranks.”
The article notes attorney numbers at the firm were level from 2008 until last year, and quotes John P. Langan, managing partner: "When there is no growth, it's weird in the group dynamics [of a firm]. Things can get stale or intractable."
But with growth came excitement, the article says, explaining that “the chart-topping happened because of the combination between Hiscock & Barclay, a NLJ 350 firm last year with more than 200 attorneys, and the 90-lawyer Damon Morey.”
"There's dust in the air, and noise and coffee cups with cigarettes in them,” Langan says in the article, “but when you're done, you're so happy you did it."
Barclay Damon is the 157th largest law firm on the NLJ 2016 list.
Barclay Damon Expands Higher Education Offerings
Barclay Damon has experience representing dozens of colleges and universities across the Northeast. The firm’s higher education services include: day-to-day academic, business and corporate matters; labor and employment; student discipline and affairs; NCAA compliance; tax matters (including tax-exempt issues); real estate, financing and construction; employee benefits; litigation; higher education regulatory issues; and health care.
Cyber Security Services
New cyber security services launched.
Barclay Damon is pleased to offer clients newly enhanced legal services in the critical area of cyber security.
There is no question that data is a strategic asset for any company, and commitments relating to its use, sharing, acquisition, and storage can have long-term impact on a company’s business. At Barclay Damon, we are focused on protecting businesses in a digital world. Our attorneys represent clients in investigations, crisis responses to data breach incidents, litigation, government relations, and transactions, providing sound counsel on the full range of legal issues concerning cyber security, privacy and data protection.
Barclay Damon offers clients practical guidance across the spectrum of cyber risks, drawing on the deep experience of many lawyers whose backgrounds allow the firm to help clients keep up with fast-changing data protection laws. In addition, we assist clients in addressing complex workplace privacy issues, including employee data breach response, employee surveillance, data privacy policies, privacy issues arising from the use of technology, and unique data transfer issues for employees.
Through cyber protection planning, data breach coaching, and the defense of clients’ interests in court, our objective is to assist clients in preparing for and reducing data and security related risks.
Clients of many of the firm’s practice areas take advantage our attorneys’ multidisciplinary cyber security expertise. These practice areas include Commercial Litigation, Corporate, Insurance Coverage & Regulation, Labor & Employment, White Collar, and more.
Major Jury Verdict!
Major competitor found to willfully infringe innovator’s patent.
In a federal district court patent infringement suit, Barclay Damon represented the top innovator in the broadband cable industry and successfully obtained a jury verdict of willful infringement against a major competitor.
Barclay Damon sued on behalf of the innovator, won favorable claim construction rulings in district court, and defended the validity of the patents at issue in reexamination proceedings before the United States Patent and Trademark Office.
Supreme Court Decision
Supreme Court Provides Murky Guidance on Standard For Implied False Claims Liability
On June 16, 2016, the Supreme Court issued its long-awaited decision in University Health Services Inc. v. Escobar on the issue of implied certification as a basis for False Claims Act liability. The case squarely presented the unsettled question of where the line of materiality should be drawn where there has been no obvious departure from established conditions of payment, but liability was based upon a lack of technical compliance with applicable laws and regulations rendering a government claim technically improper.
The Court held that the “implied false certification theory” is a valid means of imposing liability on health care providers under the False Claims Act, identifying two conditions that must be met for the implied certification theory to apply: (1) the request for payment must make specific representations about the goods or services provided; and (2) the failure to disclose noncompliance with material statutory, regulatory or contractual requirements makes those representations “misleading half-truths.” According to the Court, a provider’s request for payment constitutes the provider’s implied certification of compliance with all material statutory, regulatory and contractual requirements for the provision of the service. Moreover, if a provider fails to disclose (or omits) its noncompliance with these requirements, then the provider is misrepresenting the claim and the claim is “false or fraudulent” under the False Claims Act based on the Court’s decision.
INTERNATIONAL WILDLIFE CONSERVATION ASSEMBLY
Richard R. Capozza a Panelist at International Wildlife Conservation Assembly
Richard R. Capozza, a partner in Barclay Damon’s Environmental Practice Area, was a featured panelist at the 63rd General Assembly of the International Council for Game and Wildlife Conservation (“CIC”) in Brussels, Belgium. The event’s theme was “hunting is conservation.”
Mr. Capozza, a member of the United States delegation to the CIC, was the North American representative on a panel of five experts who addressed the question “what if we stop hunting?” The panel discussed the environmental, social, and economic impacts of hunting bans.
The aim of the assembly was to provide a forum to promote global sustainable hunting wildlife management policies, to create awareness of wildlife problems, and to motivate commitment at the highest levels to solve these problems. The event was attended by 400 participants from 36 countries around the world.
New ProACCESS Office at Innovation Center Supports Entrepreneurs’ Growth
Leading Professional Services Firms Offer Legal, Accounting, and Insurance Advice to Start-ups
Barclay Damon, Lumsden McCormick, and Walsh Duffield announce the opening of ProACCESS, a shared office space at Buffalo Niagara Medical Campus’s Thomas R. Beecher, Jr. Innovation Center. ProACCESS provides the Innovation Center’s tenants and other entrepreneurs and emerging businesses with easy access to professionals in the legal, accounting, and insurance fields.
ProACCESS’s Innovation Center office is located at 640 Ellicott Street, Suite 422. It is staffed Tuesday through Thursday, 9 a.m. to 4 p.m., and by appointment.
James P. Domagalski, co-managing director of Barclay Damon, said, “We are excited to work with our ProACCESS partners to offer this convenient location where start-ups can find more than 450 experienced advisors in the fields they are most likely to need as they launch and grow their businesses.”
Lumsden McCormick’s Courtland "Cory" Van Desuen V, CPA and partner, added, “Our professionals understand the needs of entrepreneurs, including the financial constraints they face. We tailor our services and fees to help meet their objectives while protecting their resources. Our shared goal is always to use our firms’ expertise to help new businesses succeed.”
“Because all three firms have long histories of dedication to supporting new businesses, the partnership between our companies was a natural fit,” noted Ted Walsh, president and COO of Walsh Duffield. “Combined with our shared dedication to Western New York and our excitement about region’s flourishing economy, it was an easy decision.”
To help introduce ProACCESS to the Innovation Center community, ProACCESS will host a networking event on April 28 for the building’s tenants and will take part in the Innovation Center’s Taste the Space Open House, May 12.
The largest law firm based in Upstate New York, Barclay Damon’s 275 attorneys provide clients with access to a wide range of legal services that emerging and other businesses may require.
Lumsden McCormick, one of Western New York’s largest locally owned certified public accounting firms, provides a comprehensive range of accounting and business advisory services and proactive solutions to help businesses succeed.
A trusted insurance advisor since 1860, Walsh Duffield’s team of professionals has more than 1,000 years of combined experience in advising and educating clients and helping manage their risks.