April 2015
Table of Contents
Campolo, Middleton & McCormick, LLP is a full-service business law firm that represents clients in a wide variety of legal matters including  corporate, criminal, environmental, healthcare, intellectual property and technology, labor and employment, liability insurance & insurance coverage, matrimonial, mergers and acquisitions, municipal liability and government relations, private equity, real estate development, white collar defense and wills, trusts and estates.

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.
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Business Interruption Insurance: Protection Against Suspension of Business

By Christine Malafi, Esq.

Business interruption insurance is designed to protect your business if your business premises is physically damaged and there is a suspension or halt of business activity at that location. It is not typically a "free-standing" insurance policy-rather, it is an additional coverage that can be added to a property damage insurance policy (i.e., fire policy) as an endorsement or a rider (for an additional fee, or course). In other words, if you don't ask for it, you don't have the protection it offers.  This type of additional insurance protects against your inability to continue business operations because of events  outside of your control, such as severe flooding or another catastrophic events, and is intended to place your business in the same position had the event causing the suspension of business activity not occurred. For example, if you have to move your business from one location to another, even temporarily, there will be expenses to do so, or you may not be able to conduct business at all and lose profits. Business interruption insurance can protect against these events. 
Read More. 

Prepayment Review Deadlines Published for Medicare Providers
As we recover from the cold winter, Medicare has prescribed a healthy dose of alphabet soup to Medicare providers and suppliers. New Change Request 8583 to the Medicare Program Integrity Manual ("MPIM") imposes a new deadline on Medicare providers and suppliers to provide requested documentation during a prepayment review.

Effective April 1, 2015, the MPIM amends Chapter 3, Section to require Medicare Administrative Contractors ("MACs"), Recovery Audit Contractors ("RACs"), Comprehensive Error Rate Testing Contractors ("CERTs") and Zone Program Integrity Contractors ("ZPICs") to solicit additional documentation from the Medicare provider or supplier by issuing an additional documentation request ("ADR").

Trademark Trolls Overseas 

 By Eryn Truong, Esq.

A U.S. trademark registration allows companies to leverage their brand and prevent others from using their name or a confusingly similar name in the U.S. However, even if a trademark is protected in the U.S., it is vulnerable to squatters or "trademark trolls" overseas. 

Because of the global nature of business today, especially with online commerce and social media, it is important for companies looking to expand internationally to control their trademarks globally and prevent others from squatting on their rights. The last thing a company wants to find out is that it is prevented from expanding its business overseas because it did not fully protect its trademark.
Read More.
New York Court of Appeals Rules that a Traffic Stop based upon a Police Officer's Mistaken View of the Law is Constitutional
New York State has long granted greater Fourth Amendment exclusionary rule protection to defendants under its holdings than federal courts have.  One example is found when a police officer in good faith bases a stop and search of a defendant upon a mistaken belief about the law.  Under the federal "good faith" exception, a mistaken view of the law is not necessarily fatal to a police officer's illegal stop and search of a defendant.  In contrast, the New York Court of Appeals held in People v. Bigelow, 66 N.Y.2d 417 (1985), that there is no "good faith" exception to the exclusionary rule.  Thus, under Bigelow, even when a police officer in good faith relies upon a mistaken view of the law, the fruits of any search and seizure based upon this mistaken view are subject to suppression under the exclusionary rule.  
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Recent Landlord Tenant Case Developments

By Patrick McCormick, Esq.

Three recent decisions, two from the Supreme Court, Appellate Term, First Department and the third from Supreme Court, Queens County (Ritholtz, J.) are instructive to landlord/tenant practitioners. The first involves an application by a tenant for a Yellowstone injunction; the second involves a tenant's renewal option contained in a commercial lease; and, the third involves enforcement of a settlement agreement.

A Yellowstone injunction is a procedural mechanism used by tenants to maintain the status quo and to toll the running of a cure period so that a commercial tenant confronted by threat of termination of its lease may protect its investment in the leasehold. 
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Grandchild's College Expenses
Now that my kids are out of college, it's time to start thinking about trying to help out my (future) grandchildren's education. Who knows how expensive that's going to be in twenty-plus years? It's actually fairly common that grandparents want to help with college expenses for their grandchildren. And most grandparents want to do so in a way that won't affect their grandchild's financial aid eligibility.

One of the most common ways that parents and grandparents help is through use of a 529 Plan. A 529 Plan is a special type of tax deferred account that has both an owner and a beneficiary. In most cases, it's beneficial that the grandparent be the owner of the account. The beneficiary is the student incurring college expenses.
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Mental Health Clinic Shows Wrong Way to Prepare for Audit and Loses $304,000
In March, the Attorney General announced a $304,000 settlement in a suit his office brought in the United States District Court for the Southern District of New York under the New York State and the Federal False Claims Acts.
The lawsuit was commenced by two whistleblowers who were former employees of the Mental Health Association of Rockland County. The whistleblowers revealed that prior to a 2009 Office of the Medicaid Inspector General ("OMIG") audit of MHA Rockland's Continuing Day Treatment Program for adults, MHA Rockland employees made over 40 handwritten changes to the progress notes. These changes consisted of adding service hours for days where the records had no entry, and increasing the number of service hours recorded in other entries to support the billing.
Read More.


CMM Executive Breakfast: Lost Knowledge: What is the Cost?

CMM will host its next Executive Breakfast Series on May 13, 2015, with Gail Trugman-Nikol, President
Unique Business Solutions, Inc.

Come discuss how to manage risk in your business currently and in the future. Learn about a solution that has a long term positive impact on your business. 

Seating is limited; please contact [email protected] if you are interested in attending. 

Joe Campolo Welcomed to the Long Island American Red Cross Board of Directors

CMM is proud to announce that Joe Campolo has been welcomed to the American Red Cross on Long Island board of directors. The Long Island Red Cross board is comprised of business and community leaders who volunteer their time to help oversee the organization's mission on Long Island. The Long Island Red Cross responds to approximately 200 disasters a year, and serves more than 2.8 million residents.

Read More. 

Christine Malafi Speaks at Touro Law Announcing New Girl Scout Justice Patch

Touro Law Center and Girl Scouts of Suffolk County have announced an all-new Justice Patch Program, designed to develop a sense of fairness, an understanding of why we have laws, and how they can be changed when they don't work. Girls will learn how laws are designed to help people and the role that lawyers and judges fill in the community. Malafi, a former Girl Scout herself, serves on the Board of Governors of Touro Law School, was there to encourage the girls to participate in the Program and to congratulate all involved in creation of the Justice Patch Program.

Learn more.

Joe Campolo Named Honoree Girl Scouts of Suffolk County 26th Annual Golf Classic

CMM is proud to share that Joe Campolo has been chosen as the honoree for the 2015 Suffolk County Girl Scouts Golf Classic on July 27. Yvonne Grant, President/CEO of the organization shared that they are "delighted to honor Joseph, as his impressive tenure of community service and giving back to others aligns with our mission of building the strong, confident leaders of tomorrow."
Learn more. 

Vincent Costa Speaking on Stony Brook Alumni Panel

CMM is proud to share that Vincent Costa will be speaking on the Stony Brook Alumni Panel: Successfully Transition from College to Career on April 27 at the Stony Brook University Wang Center. 

The panel discussion will address graduating seniors and recent alumni on how to make a successful transition from college to the workplace. 

Learn More. 

CMM to Sponsor HIA-LI Hauppauge Industrial Park Update


As the largest industrial park in the Northeast, the Hauppauge Industrial Park houses 1,500+ companies and 55,000+ employees - all within 11 square miles! CMM is a proud sponsor of the HIA-LI's Executive Breakfast as featured speakers discuss the HIP overview and major initiatives including updates to: sewerage, overlay, energy, infrastructure, and more.

Learn more.

Campolo, Middleton & McCormick, LLP

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