Legal Brief   FIRM NEWSLETTER
July 2016
Table of Contents
SUFFOLK COUNTY'S 
PREMIER LAW FIRM.
Located in both the heart of Long Island and on the East End, Campolo, Middleton & McCormick, LLP is Suffolk County's premier law firm. Over the past generation, our attorneys have played a central role in the most critical legal issues and transactions affecting Long Island. The firm's commitment to excellence has earned accolades from the business community, including the prestigious HIA-LI Business Achievement Award and LIBN Corporate Citizenship Award, a spot on the U.S. News & World Report list of Best Law Firms, and the coveted title of Best Law Firm on Long Island.
DISCLAIMER:
The information contained in this newsletter is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship. No recipients of information from this newsletter, clients or otherwise, should act or refrain from acting on the basis of any information included in this newsletter without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this newsletter contains general information and may not reflect current legal developments. The firm disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this newsletter.
 
 
To access past newsletters visit our  Newsletter Archive

NEGOTIATION
3 Steps to Take After an Unsuccessful Negotiation
Over lunch last month, a friend and fellow attorney was obsessing over a recent negotiation that hadn't gone well.  I watched his meal get cold as he shared the cringe-worthy story.
 
His client was buying out his partner's shares in their company, and the negotiations had been smooth sailing in the weeks leading up to the closing.  The business breakup was amicable, my friend had dealt with opposing counsel on a prior matter, and the agreements had been drafted without too much pushback.  At the closing table, however, all hell suddenly broke loose.  Seemingly overnight, his client had decided that he wasn't getting such a good deal after all.  He challenged almost everything and made demands that he had never raised previously.
INTERNATIONAL REGULATION, ENFORCEMENT & COMPLIANCE
Lessons Learned From the Novartis FCPA Settlement
This spring, Swiss pharmaceutical giant Novartis AG paid $25 million to the SEC to settle Foreign Corrupt Practices Act ("FCPA") charges relating to its operations in China.  According to the SEC's internal administrative order, Novartis subsidiaries in China bribed government-affiliated doctors and healthcare professionals-who qualify as "foreign officials" under the FCPA-to increase sales of their products.  The Swiss company and its Chinese subsidiaries are subject to the FCPA's jurisdiction because Novartis trades on the New York Stock Exchange.
TRUSTS & ESTATES,
TAX & ELDER LAW
Prince Needed a Will, and You Do Too
Prince was a member of that rare breed of artists who defy easy description.  His innovative songwriting, eclectic style, and extravagant stage presence ensured his induction into the Rock and Roll Hall of Fame as well as a spot on countless "best of" and "most influential" lists of the past several decades.  When he passed away on April 21 at age 57, the world lost one of its most unique voices.
What to Do When a Loved One Dies
Of course, it's always tough when a loved one dies.  It's already emotionally draining, but if you are immediate next of kin and/or the named Executor, there's even more stress.  Depending on the complexity of the estate, there could be an enormous amount of work required to handle the person's estate.
GREAT REPRESENTATIONS
CMM Healthcare Team Fully Victorious in Fraudulent Billing Audit

With healthcare providers under increasingly aggressive attack from Medicare, Medicaid, and private insurers seeking repayment for alleged overpayments, CMM is proud of its track record in fighting back. 
 
The firm recently represented a physician targeted by Medicare, through its Recovery Audit Contractor (RAC), to repay $850,000 in fraudulent billings.  Our team was able to show that our client worked for a podiatrist who pled guilty to healthcare fraud in a prosecution by the U.S. Attorney for the Eastern District of New York.  We provided evidence of his admission that he used our client's Medicare provider number to submit his own false billings. Based on this evidence, Medicare's Victimized Provider Project agreed to investigate and determined that our client was indeed the victim of identity theft.  Medicare ultimately ceased all efforts to collect the $850,000 from our client, saving her from certain bankruptcy. 
 
"This case highlights the importance of thoroughly investigating and documenting any unauthorized use of Medicare billing credentials," said Bill McDonald, chair of CMM's Healthcare department.  "Providers can also benefit from the investigatory experience an attorney brings to protect against liability from unauthorized billings."

CLIENT SPOTLIGHT
East/West Industries
East/West President Teresa Ferraro and VP of Business Development Joseph Spinosa
East/West Industries is a world leader in the development and production of aircraft seats and life support systems for high-performance military aircraft, as well as ground support equipment for servicing such aircraft.  The company's meticulous quality assurance procedures govern every step from concept through engineering design, production, and testing.
 
A woman-owned family business, East/West has been in business for 48 years and employs 63 people right here in Ronkonkoma.  Following recent negotiations with the Industrial Development Agency (IDA), with assistance from Campolo Middleton, East/West has chosen to stay in the area and expand, turning down offers from states in the Southeast's growing aerospace cluster that actively solicit aerospace companies from the Northeast.   As part of its expansion, the company plans to create more than 20 new jobs, a fitting way to celebrate its Golden Anniversary in August 2018.
 
East/West President Teresa Ferraro has 30 years of experience providing strategic operational leadership for the company as well as providing support as a preferred supplier to aerospace customers that include the Department of Defense, Northrop Grumman, Lockheed, Boeing, Sikorsky, and Bell Helicopter.  Ferraro shared her insights as a female business leader at CMM's Women's Leadership Panel in March.  Learn more about East/West Industries at www.eastwestindustries.com.
Read More.
FIRM NEWS & EVENTS
East End Executive Breakfast - Legislative Update with Congressman Lee Zeldin
Join us for our next East End Executive Breakfast as U.S. Congressman Lee Zeldin shares updates on his New Era of American Strength agenda.  Congressman Zeldin will discuss policies to help grow the economy, promote job growth and increased wages, and simplify the tax code.  The breakfast will take place on Wednesday, August 17 from 8:00 - 10:00 a.m. at the Sea Star Ballroom, 431 East Main Street in Riverhead.  The event is complimentary but reservations are required.  Please RSVP by August 15 to Victoria Tringone at vtringone@cmmllp.com or (631) 738-9100.
Malafi Named Butterfly Award Winner
Girls Inc. of Long Island has announced that Christine Malafi will be honored with a Butterfly Award on November 3, 2016.  Now in its fifth year, the Butterfly Awards honor industry leaders who inspire girls to spread their wings.  Malafi was selected for her work on behalf of children and families on Long Island, as well as her dedication to helping girls fulfill their potential.  She is a longtime Girls Inc. volunteer and serves on the Board of the Girl Scouts of Suffolk County.  The mission of Girls Inc. is to inspire girls to be strong, smart, and bold.  Learn more about the awards gala here
Ronald McDonald House Black Tie & Barefoot at the Beach
Please join us to celebrate 30 years of the Ronald McDonald House of Long Island, a home away from home for families of seriously ill children.  The Black Tie & Barefoot at the Beach party at the Crescent Beach Club in Bayville on Tuesday, August 9 at 6 p.m. will feature an open bar, amazing food, and live music, all for a tremendous cause.  For more information, contact RMH-LI Advisory Board Member Jeff Basso or purchase tickets here .