Legal Brief   FIRM NEWSLETTER
August 2015
Table of Contents
BIG FIRM QUALITY. SMALL FIRM VALUE.
Located in both the heart of Long Island and on the East End, Campolo, Middleton & McCormick, LLP is a full-service law firm with the expertise and experience to represent clients with every legal need they may face. We have an established record of results for our clients, who range from individuals to global companies, and approach each matter with a unique understanding of the issues and the highest level of integrity.
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

INTELLECTUAL PROPERTY
Liability for Linking to Copyrighted Material 
These days, it is quite easy to provide links to other website's content from your own.  Generally, linking to another website does not infringe the copyrights of the site.  However, different kinds of linking can give raise to different issues and may expose you to liability for copyright infringement. 
 
Deep Link:  A deep link is any link that directs a user beyond the home page of another website.  This type of linking generally does not constitute copyright infringement.  However, there could be liability if you know or had reason to know that the work you are linking to was infringing and encouraged it.  
REAL ESTATE

Importance of a Survey When Purchasing Real Estate

By Kelly Canavan, Esq.

Clients often ask when purchasing a home, "Do I really need a new survey?" My reply ninety-nine percent of the time is, "Yes!" Clients are purchasing what is most likely to be their largest asset and the survey is the blueprint of what they are purchasing. It is the way in which the title company confirms and ultimately insures the property's boundary lines. The title company will defend the purchaser's clear title and ownership of the property as of the date of closing.
CLIENT ADVISORY
Shifting Credit Card Transaction Liability - The Potential Impact on Your Business
By Vincent J. Costa, Esq.
Beginning October 1, 2015, a shift in credit card security and in-store fraud liability could place unwary merchants and business owners at risk. 
 
EMV, which stands for Europay, MasterCard, and Visa, is a relatively new form of credit card (in the United States) that utilizes computer chip technology intended to help prevent transactional data breaches and credit card fraud.  In the U.S., most EMV credit cards contain the computer chips as well as the traditional magnetic stripe.  If a merchant does not have a payment processing system that accepts the computer chip, payments may be processed via the magnetic stripe as usual.  However, after October 1, 2015, those businesses that have not upgraded their in-store technology and processing systems to accept the computer chip portion of the card will be at risk.
Read More.
HEALTHCARE
Medicaid Providers: Keep Your Money. Prepare For an OMIG Audit. 
Governor Cuomo announced that New York recovered a record-breaking $851 for the Medicaid program in 2013, which led the nation.  Lately, Medicaid providers have been receiving audit letters suggesting that collections will pick up again. New York's chief Medicaid collection agent is the Office of the Medicaid Inspector General ("OMIG"), and this agency brandishes its auditing power like the Holy Lance of Longinus.  I had the privilege and good fortune to win a reversal of a $2.1 million OMIG audit finding against a client following a hearing in recent years, but such results are not common.  New York has amassed considerable resources to combat fraud, waste, and abuse in the Medicaid program, and as a result a provider facing audit may feel like the Spartans at Thermopylae. 
Read More.
SCOTUS
Supreme Court Preview
Following an action-packed few weeks in June before summer break, the Supreme Court will begin its next session on October 5, 2015.  While the upcoming cases on the docket may not have generated the same attention as the major decisions reached at the end of the last term-when the Court weighed in the constitutional right to same-sex marriage and tax subsidies for the Affordable Care Act, among other headline-grabbing issues-below are summaries of cases we'll be watching.
Read More.
WILLS, TRUSTS & ESTATES

Keeping Your Inheritance in a Divorce

In past articles I've spoken about what documents you need to get rid of or update before, during, or after a divorce.  But what about your assets themselves?  For the happily wed, marriage should be about sharing everything, including gifts or inheritances given by parents, grandparents, or other relatives and friends.
 
But when a marriage ends in divorce, there usually is no longer any desire to share assets.  Unfortunately, at that point it may be too late to keep inherited assets such as vacation homes, rare collections, cash, and other gifts away from a former partner, even if those assets were never intended to go to that person.
NEGOTIATION
Emotional Intelligence in Negotiations
Effective negotiators must strike a delicate balance between being aware of emotions, yet not becoming too emotional.  It's critical to perceive and understand the emotions driving everyone at the table-yourself and your adversary.  This awareness will help you understand your adversary's thought process and, in turn, use that understanding to push the negotiation in your desired direction.  The ability to identify and use emotions to your advantage during a negotiation is called Emotional Intelligence.
 
The Business.com editorial staff recently posted an article on Emotional Intelligence, called, "Emotional Intelligence & Negotiating: Lessons from Harvard Business School."
 
To be a good negotiator, you need a high Emotional Intelligence (EI).
 
This is the ability to not only recognize the state of your emotions, but those of others, and allows you to respond properly to the emotional situation without getting, well, overly emotional.

FIRM NEWS
CMM Executive Breakfast: 
Execution - the art of getting things done!
With the summer behind us and four months left in 2015, it's time for business leaders to put in the extra effort and make the final push across the finish line.  Join us on September 30th, as Joe Campolo speaks to today's business leaders, encouraging them to finish the year strong. Following up on his popular "Bleed to Succeed" presentation in which he compels Long Island professionals to set goals and develop plans to reach them, it's now time to look at the progress you've made and what is left to do to complete your plan for 2015. Seating is limited; please contact  [email protected]  if you are interested in attending.
CMM Hosting Senator Phil Boyle Fundraiser
Please join us for a cocktail party in support of Senator Phil Boyle, New York State Senator on Tuesday, September 29th from 5:30 pm - 7:30 pm at our Ronkonkoma office. To RSVP contact [email protected] or [email protected]

CMM Panelist at HIA-LI Healthcare Conference

Join us on Tuesday, October 6th at 8 am at the HIA-LI Health & Wellness Conference.  Among the esteemed panelists is William McDonald, head of CMM's Healthcare team. The event's executive breakfast will feature industry experts discussing ACA regulations, updates as of January 1, 2016, creative solutions, and alternatives that are available to employers and more!
LIBN Q&A with Marc Alessi
Photo courtesy of Bob Giglione, LIBN
The LIBN featured a Q&A piece with CMM's newest attorney. "Marc Alessi keeps wearing many hats. A former state assemblyman and Long Island Power Authority board member, Alessi helped launch and finance startup companies across various industries, including the biotech, information technology, construction and real estate sectors. He co-founded the investment group Hampton's Angel Network and is a past executive director of Long Island Angel Network. He helped establish Accelerate Long Island and serves as chairman and founding CEO of its portfolio company, SynchroPET. We spoke to Alessi after he joined the Ronkonkoma-based law firm Campolo, Middleton & McCormick in June as a member of its corporate and real estate practice groups." 
UCP Suffolk's Luncheon & Fashion Show
On September 10th, UCP of Suffolk will host its 3rd Annual Luncheon and Fashion Show at Oheka Castle in Huntington, NY. 
This year's event will feature fall fashions from White House Black Market, Vanilla Sky and Marshs of Huntington and a performance by Long Island's own the Como Brother s! Don't miss this great event!

Pet Peeves Unleashed at the Beach

On September 16th, Pet Peeves - The Voice of Long Island Pets is hosting its 2015 South Beach Soiree at the Crest Hollow Country Club. The nonprofit organization raises funds and awareness for Long Island's struggling animal shelters and rescue groups. This annual event is an opportunity to network while enjoying food and cocktails, and know you're doing your part to help Long Island's forgotten pets.  Learn More. 

WFLI Annual Women Achievers Breakfast

On October 8, 2015, Women's Fund of Long Island (WFLI) will be holding its annual Women Achievers Breakfast at Crest Hollow County Club. This annual event makes it possible for WFLI to help women and girls on Long Island reach their full potential through grant-making, leadership development, education and philanthropy. Eryn Truong, a new WFLI Breakfast Committee member, and all of us at CMM, welcome you to support the event and the mission of WFLI.  Read More.


Campolo, Middleton & McCormick, LLP

4175 Veterans Memorial Highway, Suite 400
Ronkonkoma, New York 11779

2495 Montauk Highway
Bridgehampton, New York 11932

Phone: (631) 738-9100
Fax: (631) 738-0659

www.cmmllp.com