| 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.
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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.
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Loss Mitigation in Labor Law Cases
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Many of our clients own commercial buildings or multifamily residential buildings and may not be aware of their legal exposure when having construction, renovation, or repair work performed on these buildings.
Labor Law sections 240 and 241 apply to these types of buildings and can be devastating to the unknowing owner. If any worker falls from height, or has an accident involving a gravity-related risk while the work is being performed, the owner and general contractor are absolutely liable.
Read More.
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Holiday Party Guide for Employers
By Christine Malafi, Esq.
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It's that time of the year again! Many employers are hosting holiday parties, where employees, and sometimes clients and customers as well, get a chance to relax, socialize, and take a break from the work to celebrate the holiday season. Raising employee morale during the holiday season is a good way to say thank you for their work all year, but despite the fun of a party, there are potential legal issues which could quickly make you forget the fun. To avoid problems from arising, it is advisable to act before the party to minimize potential headaches after the party.
Read More.
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| APPELLATE/LANDLORD TENANT |
Landlord's Self-Help and Charging for Capital Improvements: A Busy Fall at the Appellate Division, First and Second Departments
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The Appellate Courts have been busy this fall rendering significant decisions involving landlord/tenant law. Two decisions of interest are discussed below.
The first is a decision by the Appellate Term, Second Department
[1] involving a landlord who engaged in self-help to regain possession of the commercial demised premises at issue. The tenant commenced an unlawful entry and detainer summary proceeding under RPAPL ยง713(10), and apparently the landlord engaged in self-help to regain possession of the demised premises after commencement of the proceeding.
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A Refresher On Medicare Exclusions From The Office Of Inspector General
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As we near the end of the year, the government will report on how much money it has recovered from healthcare entities for improper Medicare billing. It is important to remember that, while monetary penalties are serious consequences, egregious overbilling violations may result in the Office of the Inspector General for Health and Human Services ("OIG") issuing an order excluding a provider from participating in Federal Health Care programs. This sanction is in effect a civil death penalty, since an excluded provider may not bill for services reimbursed by any Federal Health Care program during the exclusion period. As medical practices make year-end certifications of their compliance programs and the like, it is a good time to remind everyone about OIG's guidance on how to deal with excluded medical providers.
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Rights to "Santa Claus is Comin' to Town" Song Passes to Songwriter's Family
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This time of the year, we all hear the popular Christmas song, "Santa Clause is Comin' to Town," but what we don't hear is the ownership dispute over it. Recently, the Second Circuit ruled that the current rights to the song will end December of 2016, and it will pass to the descendants of one of the songwriters, John Frederick Coots.
Tracing the history of the song through decades that also included significant changes in copyright law, records showed that the songwriters had sold the song and copyright to EMI Feist Catalog, Inc. (partially owned by Sony) in 1934. EMI and Coots later entered into an agreement in 1951, where Coots assigned EMI rights to the song, as well as "all renewals and extensions" of the song's copyright. Subsequently, Coots and EMI entered into another agreement in 1981, wherein Coots assigned EMI all of his rights and interests "whatsoever now or hereafter known or existing."
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As we all know, being skillful in the art of negotiation is absolutely critical to your success in business. So you've read all the tactics, planned your approach, prepared your process, and even began implementing the strategies. But what happens when you still can't seem to land that final stage, closing the deal?
Here are some deal making tips from
Negotiation Briefings, "5 Tips for Closing the Deal in Business Negotiations Drawn from Negotiation Case Studies," written by the Program on Negotiation Staff at Harvard University that offers some insight on nailing that final stage.
- Diagnose the Barrier
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Be Careful When Rolling Your IRAs
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This is the end of the year. Since many of my senior clients have to take out the Required Minimum Distribution (RMD) from all their IRA accounts, they also start to think about moving the rest of their IRA money into possibly a more productive investment. But a word of caution, beginning this year, there are new IRS rules for IRA Rollovers. You can only make one rollover of one IRA to another (or to the same IRA) in any 12-month period, no matter how many IRAs you own. The limit includes all types of IRAs, including SEP IRAs, SIMPLE IRAs, Roth IRAs and Traditional IRAs.
If you violate the new rules you may be subject to reporting the rollover as income and a 10% early withdrawal penalty. If the distributed amount stays in the new (or same) IRA, you may also be subject to a 6% tax each year.
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Campolo, Middleton & McCormick, LLP would like to introduce you to National Business Capital, a leading Long Island based business finance provider who has helped business owners obtain hundreds of millions of dollars in financing. National Business Capital is a great source whether you are looking for financing for your business or financing solutions for your clients.
Whether your clients are looking to improve cash flow, finance equipment or expand their business, National Business Capital has financing programs available to fit your clients' growing needs. There are zero upfront fees, no industry restrictions and applicants can be approved in as little as 24 hours and receive funding within days.
Referring clients to National Business Capital is fast and simple. Your clients will complete a simple one page application and provide minimal paperwork to begin the approval process and funds can be deposited in their bank account within days.
National Business Capital offers a competitive Referral Partner Compensation Package and your own dedicated Account Manager to handle all the details of the transactions. Contact the Business Development Department at National Business Capital today to learn more.
(631) 359-LOAN
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CMM WELCOMES TWO NEW ATTORNEYS
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| Joseph K Poe, Esq. Joins CMM |
Joseph K. Poe is Counsel to Campolo, Middleton & McCormick, LLP. An experienced litigator, Joe represents clients in complex commercial litigation and insurance coverage litigation in state and federal courts.
Joe's commercial litigation practice focuses on the representation of clients in lawsuits alleging breach of contract, tortious interference, and violation of intellectual property rights, as well as shareholder derivative lawsuits and dissolution disputes. His experience includes the successful defense and settlement negotiation in the Ephedra Multi-District Litigation, the defense of a school bus company against an Article 78 proceeding challenging the award of a district contract, and the representation of a technology company in a dispute regarding the creation of a website and related intellectual property issues. Joe has also prosecuted violations of the New York Civil Rights Law and the New York Public Health Law, and has argued numerous motions and appeals in state and federal court.
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| Jack Harrington, Esq. Joins CMM |
Jonathan ("Jack") Harrington is Counsel to Campolo, Middleton & McCormick, LLP. He counsels multinational corporations and individuals in securities, white-collar, anti-money laundering, and Foreign Corrupt Practices Act (FCPA) matters. He also represents clients in litigation and appeals before state and federal courts and in commercial arbitrations, often with an international component. Jack's combination of legal, policy, and international business experience enables him to advise clients on transactions and strategy.
Jack's diverse legal career includes practicing at a large multinational firm and interning at the U.S. Attorney's Office for the District of Connecticut. He served as a post-graduate legal intern in the White House Counsel's Office, where he advised White House lawyers and policy makers on a range of international, criminal, and constitutional law matters. Jack was also a member of the Yale Supreme Court Advocacy Clinic-providing pro bono clients representation before the United States Supreme Court-and a legal fellow on the Senate Homeland Security Committee.
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CMM Executive Breakfast - January 28, 2016
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Join us on January 28, 2016, to learn What Customers Want: It's Not What You Think!
What do customers want? Here's a hint: It's not (just) price, quality, timing, taste, or color - or any of those attributes of your product or service. It's the experience you deliver. Guest speaker, Randi Busse, Founder and President of Workforce Development Group, Inc., a coaching and training organization that specializes in improving the customer experience, increasing customer retention, and maximizing revenue will be presenting.
The breakfast is complimentary, but registration is required. Please RSVP to
[email protected]
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