Barclay Damon
Barclay Damon

Herbert J. Glose

Herbert J. Glose

Partner

p: 716.566.1579

f: 716.566.4075

icon_email hglose@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

With more than 30 years of legal experience, Herb focuses his practice on health care and health care transactions, specifically handling the exchange of electronic health information. This work includes representing Health Information Organizations (HIOs) in organizational planning, building and implementing business sustainability, governance, regulatory compliance and contract negotiations. His work often involves buy-sell transactions, mergers, and the affiliation of nonprofit entities. He is actively involved in policy development that will affect the exchange of data by providers, payers, and consumers of health services at the federal and state level, as well as the evolving fields of health data analytics and telehealth. He also works with numerous hospital clients and medical practices relating to the use of electronic medical records.

Herb has extensive experience in business law, representing commercial entities and nonprofits from start-up through succession planning, including ownership transfer and real estate transactions. In addition, Herb has a broad background in commercial lending transactions, representing both lenders and borrowers.

Representative Experience

  • Represented several health information exchanges in the development of form contracts for participation in the exchange, as well as health care IT vendor form contracts.
  • Represented a not-for-profit as a "surviving corporation" in a merger with a health services agency and its subsidiary foundation.
  • Represented a not-for-profit regional health information exchange in the transition of operations, including required New York State Department of Health, Attorney General, and New York State Supreme Court approvals.
  • Represents multiple regional health information exchanges in the development of the Statewide Health Information Network of New York (SHIN-NY), including research on cutting-edge privacy, security, and consent issues for governmental and public/private collaborations.
  • Represents numerous not-for-profits in collaborations ranging from affiliation through consolidation of operations and mergers.
  • Guided a client through document review, negotiation, and a compliance audit for participation in the nationwide eHealth Exchange.
  • Spearheaded governance review and succession implementation for multiple area not-for-profit corporations. 
  • Handled the multi-state merger of a dental supply company.
  • Represented a prime lender in a transaction involving multiple public and private lenders to a farm operator.
  • Represented a regional food processor in a series of strategic acquisitions to achieve presence in 48 adjacent states. 
  • Handled succession planning and implementation for dozens of private companies in industries including automobile dealerships, office supply companies, funeral services companies, and commercial laundries. 
  • Handled financing transactions for national fast food franchises. 
  • Represented a company in the purchase and sale of an energy facility and operations. 
  • Represented a collaboration of hospitals and health insurance companies in the formation of a regional health information exchange. 
  • Represented companies in the purchase and sale of an oil and gas industry involving pipeline and refinery regulation.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., cum laude, 1982
  • University of Notre Dame, B.A., magna cum laude, 1979

Admitted To Practice

  • New York, 1983
  • U.S. District Court, Western District of New York
  • U.S. Bankruptcy Court, Western District of New York

Memberships & Affiliations

  • New York State Bar Association, Health Law Section Member
  • Erie County Bar Association, Health Law and Corporations Committees Member
  • Northeast Telehealth Resource Center
  • Erie County Bar Association, Former Municipal and School Law Committee Chair

Civic Activities

  • University at Buffalo Law School, Adjunct Professor, Business Succession Planning
  • Sisters Hospital Foundation (Catholic Health Systems), Board of Directors member
  • United Way of Buffalo & Erie County, Board of Directors General Counsel and Volunteer
  • Diocese of Buffalo Upon This Rock Campaign, Oversight Committee Member
  • Canisius High School Charity Auction (Gambit), Chair
  • Taste of Buffalo, Board of Directors member and General Chair

Speaking & Publications

  • Strategic Health Information and Exchange Collaborative (SHIEC), “Protecting Intellectual Property and Avoiding Disputes” Webinar
  • Not-for-Profit Board Governance Training – United Way sponsored training for 120 Community Executives, April 19, 2018.
  • "Cyber Liability Insurance: Pitfalls in Coverage, " SHIEC Member Newsletter, December 1, 2017
  • SHIEC Webinar – “10 Most Important HIE/Vendor Contract Issues Impacting Your Bottom Line”, Sept. 28, 2017
  • Buffalo Niagara Medical Campus Innovation Center Cybersecurity Seminar, October 13, 2016
  • “Emerging Issues for Not-for-Profit Health Care and Human Services Providers” Saturn Club Seminar,  June 9, 2016
  • “Cybersecurity” Seminar, June 15, 2016
  • “Statewide Health Information Network for New York (SHIN-NY) – Regulations and Impact on Health Care Providers in New York State,” The Knowledge Congress Live Webcast Series, February 10, 2016
  • "Update: NYS Department of Health Re-Publishes Proposed SHIN-NY Regs" Barclay Damon Legal Alert, November 18, 2015
  • "Statewide Health Information Network for New York" New York State Bar Association Health Law Section Annual Meeting, January 28, 2015
  • "NYS Department of Health Publishes Proposed SHIN-NY Regulations," Hiscock & Barclay Legal Alert, September 9, 2014
  • "HIOs Can Help Physicians Qualify for 'Meaningful Use' Stimulus Payment for Adopting EHR Technology," August 17, 2010
  • D’Youville College Guest Lecturer to physician assistant students on issues relating to employment contracts, Buffalo, New York

Honors

  • Selected to Super Lawyers Upstate New York: Health Care, 2013-2018
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • Olympic Torch Run Community Hero
  • Central Amherst Little League Coach of the Year

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Harris Beach, PLLC, Partner
  • Giardino & Schober, LLP, Partner
  • Moot & Sprague, Associate – Partner

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