Kenneth M. Alweis

Kenneth Alweis is a trial attorney and key partner in the firm’s Construction, Commercial Litigation, and Retail and Hospitality Practice Groups, with more than 30 years of experience in state and federal court. He represents some of the country’s largest contractors, construction managers, shopping center developers, owners, and retailers in construction and commercial disputes, New York Labor Law (“Scaffold Law”), negligent security and liability claims, tenant litigation, and land use and zoning disputes. Ken is also highly experienced in commercial and class action litigation, employment law, product liability, and catastrophic injury litigation. He is also frequently retained by other attorneys to serve as an arbitrator and mediator in federal and state court matters.

Experience Highlights

Construction

Ken is a leader in the firm’s Construction Practice Group. His practice includes both litigation, trials, and appeals-involving commercial disputes, real estate matters, premises liability and security claims, tenant disputes, land use and zoning, and New York Labor Law-as well as sophisticated dispute avoidance and risk-management counsel.

Retail, Hospitality, and Development

Ken is also a leader in the Retail and Hospitality Practice Group, a team of attorneys that provides innovative and creative legal and consulting solutions to help clients avoid disputes, manage risks, and litigate matters whenever necessary. His experience allows him to assist clients in terms of lease and construction contract preparation and drafting, indemnification and insurance consulting, risk management, and land use permitting and application. Ken and this team have created a niche in these areas that few law firms in the nation can match for its level of sophistication and dedicated focus. As the dynamics of the retail environment are ever-changing, Ken builds on his experience to stay at the forefront of the latest issues that are unique to the retail and development industries.

Product Liability

Ken regularly represents manufacturers of industrial and consumer products in state and federal court and has defended many personal injury, property damage, and fire cases involving alleged manufacturing and design defects and warning claims.

Employment and Labor

Ken has represented employers in all types of employment-related litigation in state and federal courts as well as in arbitration on matters involving harassment, employment discrimination, civil rights claims, and breach of contract.

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Best Lawyers in America, Commercial Litigation, 2018-20

Super Lawyers, Corporate Counsel Edition

Upstate New York Super Lawyers, 2008-19

Pro Bono Service Award - United States District Court for the Northern District of New York

Training and Certifications

•Department of Labor OSHA-30 Construction Training
•Department of Labor OSHA-10 Construction Training

Community Involvement

•Zoning Board of Appeals, Town of Dewitt

Publications & Events

Publications

•Editor, USLAW Network’s Retail Compendium of Law, 2014
•Author, “A Guide to the Unwary: Construction Manager Liability Under New York Labor Law Section 240(1),” Progress! Under Construction, November 2013
•Co-Author, “Private Property or Public Forum? How the Occupy Movement Implicates Free Speech and Property Rights in Retail Spaces,” USLAW, Spring/Summer 2012
•Author, “Risk Management in the Field of ‘Green’ Construction,” Central New York Business Journal, April 2008
•Author, “Legal Pitfalls for Joint Employers,” Plain Vanilla Shell, February 2008
•Co-Author, “Guide to New York Commercial Eviction,” October 2007
•Co-Author, “Store Owner’s Rights When Faced with Shoplifting: A State by State Review,” April 2007
•Contributing Author, “Construction Site Personal Injury Litigation - New York Labor Law Sections 200, 240(1) and 241(6),” New York State Bar Association, 2006

Presentations

•Presenter, “Scaffold Law and Accident Investigation,” Construction Legislative Agenda Update, Buffalo, NY, January 16, 2020
•Co-Presenter, “Conducting a Rapid Response Accident Investigation - Considerations for Counsel and Safety Professionals,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
•Presenter, “Construction Site Accidents: Law and Insurance,” Brown & Brown Lunch and Learn, June 19, 2018
•Moderator, “Common Problems Arising with Commercial leases,” USLAW 2016 and 2017
•Chairperson and Speaker, “Labor Law Claims, Coverage and Litigation,” New York State Bar Association, 2016
•Chair “Labor Law Claims, Coverage and Litigation,” New York State Bar Association CLE, Syracuse, NY, December 15, 2016
•Presenter, “Minority and Women-Owned Business Enterprises,” New York State Surety Bond Assistance Program, February 24, 2015
•Presenter, “Top Ten Additional Insured Considerations,” IRMI Construction Risk Seminar, San Diego, CA, November 2013
•Presenter, Risk Management Conference, Syracuse, New York, June 18, 2013
•Presenter, “NY Construction Site Accident Update: Labor Law Section 240, Indemnity Agreements and Insurance,” Associated Builders and Contractors, October 2011
•Presenter, “Contract Drafting for Construction Projects,” Cazenovia College, April 2011
•Presenter, “Bed Bugs: Will They Really Eat our Brand Name,” USLAW Network, Spring Conference, Phoenix, AZ, March 2011
•Panelist, “Landlord/Tenant Gumbo - Spice is Nice but Can You Take the Heat,” USLAW Network, Spring 2010 Conference, Miami, FL, March 2010
•Chairman and Moderator, “Strictly Retail,” Defense Research Institute (DRI), Chicago, IL, March 2010
•Moderator, “Retail Decisions and Verdicts,” USLAW Network Spring Conference, Charleston, SC, March 2009
•Presenter, “Get the Green Edge: How to Underwrite and Insure ‘Green’ Exposures & Grow Your Book,” Independent Insurance Agents & Brokers of NY, Inc., “Capital Event,” February 2009
•Presenter, “Construction Site Accidents - The Trial of a Labor Law Case,” New York State Bar Association, November 2008
•Speaker, “Products Liability: An Overview,” Central New York CPCU Society, November 2008
•Panelist, “Responding to the Catastrophic Mass Injury Claim: Avoid Adding to the Catastrophe,” USLAW Network, Fall Conference, Las Vegas, September 2008
•Presenter, “Construction Site Accidents Under NY Labor Law,” Syracuse Claims Association, May 2008
•Lecturer, “Leadership in Energy and Environmental Design (LEED): Claim Avoidance,” Brown and Brown Empire State, Spring and Fall 2007-2008
•Moderator/Presenter, “Just When You Thought it Was Safe to Go Shopping: Retail and Shopping Center Security Issues,” USLAW Network, Fall Conference, Washington, D.C., October 2007
•Moderator, “Update on Trucking Litigation and Claims,” New York State Bar Association, 2006
•Presenter, “Litigation Management: Controlling and Recovering Costs,” ICSC Law Conference, Florida, 2006
•Presenter, “Fundamentals of Insurance Coverage and Indemnification,” ICSC Law Conference, Arizona, October 2005
•Presenter, “Proving and Defending Damages at Trial: Effective Trial Techniques for Plaintiff’s and Defendant’s Counsel,” New York State Bar Association, May 2005
•Presenter, “Products Liability Post-Kuhmo Tire,” New York State Bar Association, 1999
•Certified Mediator, U.S. District Court, Northern District of New York, 1998- present
•Presenter, “Major Litigation Issues Confronting Municipalities and Landowners,” New York State Bar Association, 1996
•Presenter, “Premises Liability and Construction Work Site Accidents,” New York State Bar Association, 1995
•Presenter, “Coverage Issues and Applications-1994,” New York State Bar Association, 1994

Webinars

•Co-Presenter, “Overview of New Safety Training Requirements for NYC Construction,” GS Construction Webinar, March 15, 2018

Recent Insights

Hotel Not Liable for Celebrity’s Fall from Jacuzzi

January 3, 2020

The Best Lawyers in America 2020 Names Thomas P. Bernier and Patrick B. Naylon Lawyers of the Year, Lists 37 Goldberg Segalla Attorneys Nationwide

August 15, 2019

Super Lawyers Honors Nearly Two-Thirds of Goldberg Segalla’s Upstate New York Attorneys

August 13, 2019

Sixty-One Goldberg Segalla Attorneys Featured in 2018 Upstate New York Super Lawyers

August 13, 2018

The Best Lawyers in America 2019 Names Thomas F. Segalla, Albert J. D'Aquino, John P. Freedenberg Lawyers of the Year, Lists Thirty-four Goldberg Segalla Attorneys

August 15, 2018

The Best Lawyers in America 2018 names Neil A. Goldberg, Thomas P. Bernier, Albert J. D'Aquino, and David L. Brown Lawyers of the Year, Lists Thirty-two Goldberg Segalla Attorneys

August 17, 2017