We are proud of the experience and distinctions our attorneys have gained at trial and view such experience as applicable, indeed critical, to all matters whether tried or not. Only by developing an understanding of how the various pieces of investigation and evidence may be used at trial, where they may fit, can a litigator develop a true sense of how to efficiently and effectively conduct the pre-trial process. Our trial experience has afforded us the tools we need and the wherewithal to judiciously apply them from the moment a claim is presented. Litigation needn't be protracted when the moves that are likely to determine the ultimate outcome are properly planned and implemented early on. While not all cases go to trial, significant trial experience and the insights gained thereby play a critical role in the successful management of litigations in general.
Proficiency in construction law and accident litigation has long been the hallmark of Baxter Smith & Shapiro, P.C. Our involvement on behalf of our clients, whether contractors, brokers or insurers, includes comprehensive pre-litigation claim analysis and extends through trial and appeals. We are regularly retained in the most high profile construction matters and have made a significant contribution to the continued development of New York's Labor Law by virtue of dozens of appellate decisions, including critical Court of Appeals decisions, decided in favor of our insurance and construction clients.
Baxter Smith & Shapiro, P.C., could not be more proud of the results we have achieved and the reputation we have earned as construction accident trial lawyers. Whether the issue is the fundamental applicability of New York's Labor Law or the viability of a sole proximate cause defense, Baxter Smith & Shapiro has proven time and again we have the willingness to try even the most challenging of cases and the skill to prevail.
Our construction accident group handles everything from the catastrophic crane collapse to the more routine worksite slip and fall. Whatever the degree of complexity, our intensity at point of attack does not vary. From the initial notice of claim, and as needed through trial and appeals, our approach is swift and efficient. For example, we are mindful that a failure to timely issue a proper response may expose our client to liability they may have otherwise avoided. We work to develop simple and dependable systems to ensure that all proper notices and coverage denials are timely issued.
Very often the most critical challenge in construction litigation is the accurate and efficient identification, assertion and management of claims by and against co-defendant owners, general and subcontractors. Few firms have had a greater impact on the development of law in this area than Baxter Smith & Shapiro. Specifically, risk transfer through contractual indemnification and contribution has become increasingly important in the wake of the 1996 adoption of the "grave injury" provision in Section 11 of the Workers' Compensation Law. The "grave injury" requirement has virtually eliminated actions against the employer for common law indemnity and contribution. The ability to direct a labor law claim within the framework of the statute is a critical component of the effort to increase risk sharing and minimize exposure. In that regard, three of the most significant Court of Appeals decisions in the past several years clarifying and interpreting the "grave injury" requirement of Section 11 have been cases handled by Baxter Smith & Shapiro.
When a new claim arrives in our offices we immediately investigate to determine whether our client may be an additional insured on another entity's liability policy. We recognize the goal is not simply to win but rather, where appropriate, to ensure the timely transfer of the risk, responsibility and obligation to other responsible parties. This process entails our thorough review of contracts, certificates of insurance and correspondence exchanged between the contracting parties. Thereafter, we promptly prepare a detailed letter tendering our client's defense and indemnity and triggering our claim for attorneys' fees. In the event such tender is rejected we next evaluate the potential for a declaratory judgment action. Our firm has enjoyed great success in securing defense and indemnification from other carriers on behalf of our clients and oftentimes this includes reimbursement for attorneys' fees previously expended.
Baxter Smith & Shapiro, PC features a comprehensive insurance practice serving our clients in every segment of the insurance industry. Our insurance group is experienced in all types of insurance litigations and coverage disputes. We provide services to a broad spectrum of insurance clients ranging from insured to broker to insurer and all related specialties and specialists. The practice extends to all state and federal courts throughout the United States and abroad. Baxter Smith & Shapiro, PC serves as national litigation coordinating counsel to one of the largest and fastest growing construction insurance brokers/consultants in the country. We handle all insurance related litigation and disputes dealing with construction, products, catastrophic injury, insurance coverage, contracts, homeowners insurance property and liability coverage, life and disability claims, shareholder derivative suits, ERISA claims, brokers' errors and omissions claims, RICO claims, product liability and unfair trade practices. Likewise, our partners have significant experience acting as appointed arbitrators and mediators in connection with the resolution of a wide variety of such lawsuits and claims.
Baxter Smith & Shapiro, PC features an experienced commercial practice group representing a variety of clients from small local companies to national institutions. Our attorneys handle transactions and disputes involving the businesses of insurance, construction, real estate matters, employment, equipment leases, unfair trade practices, restrictive covenant and non-compete issues, etc. Presently, our major clients range from some of the larger insurance institutions, brokers and consultants, to small insurance companies, insurance brokers and self-insured corporations and municipalities.
Our partners regularly lecture on a variety of topics before other attorneys, associations and insurance carriers. Our partners have served on the Executive Committee for the Torts, Insurance & Compensation Law Section of the New York State Bar Association, representing Nassau & Suffolk Counties and lecture extensively in that capacity. We recently served as Chairmen of the Torts, Insurance & Compensation Law (TICL) Section of the New York State Bar Association during their semi-annual meeting held in Killarney, Ireland. Our members have chaired the New York State Bar Association Seminar on Labor Law and Construction Accidents and lectured on topics including Construction Accidents, Premises Liability, Toxic Torts, Evidence, Trial Tactics, Insurance Coverage and Ethical Obligations of Counsel. We recently conducted a seminar on the topic of negotiation and settlement of injury claims at the Buffalo Claims Association's Annual Convention. Our attorneys have also been called upon to lecture at the New York State Trial Lawyers Institute, New York State Trial Lawyers Association, and the Bar Association of the City of New York and have judged Moot Court and Trial Advocacy contests at New York area law schools.
Our attorneys are admitted in all four Federal District Courts in New York and the Second Circuit Court of Appeals. In addition to the Federal and State Trial, Appellate, Supreme, Civil and District Courts, we also practice before the United States Occupational Safety and Health Review Commission, National Labor Relations Board, The United States Equal Employment Opportunity Commission, The New York Division of Human Right and the New York City Commission on Human Rights.
