Legal Brief   FIRM NEWSLETTER
December 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.
 
 
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REAL ESTATE LITIGATION
Commercial Tenant "had a meaningful choice to walk away": Court Rejects Unconscionability Arguments Regarding Late Fees and Electric Charges
In 2010, the First Department, in dismissing a claim by commercial tenants that electric charges were unconscionable,  held that the plaintiffs had failed to establish "a lack of meaningful choice, and noted that the commercial tenants were free to not rent from the defendant and go elsewhere."
HEALTHCARE
Disclosure of Protected Health Information: It's Not All About HIPAA
Anyone who's had a doctor's appointment in the past 20 years is familiar with the Health Insurance Portability and Accountability Act (known affectionately-or not-as HIPAA).  Undoubtedly, if your business collects and shares protected health information, you and HIPAA are old friends.  However, many healthcare providers don't realize that HIPAA isn't the only game in town.  It's also critical to analyze all of your statements to consumers together and ensure that your disclosures are not deceptive under the Federal Trade Commission (FTC) Act.  
COMMERCIAL LITIGATION
Shifting the Costs of Discovery
Clients embroiled in litigation are often very concerned with the overwhelming costs of discovery, especially when document production can involve sorting through thousands upon thousands of emails and other electronically stored documents to respond to the opposing party's requests.  Generally speaking, litigants are responsible for their own discovery costs in litigation.  However, certain circumstances call for the shifting of those costs.
INTERNATIONAL REGULATION, ENFORCEMENT & COMPLIANCE
JP Morgan Pays $264 Million to Resolve "Princelings" FCPA Investigation
Last month, JP Morgan entered into a landmark settlement agreement in which it agreed to pay $264.4 million to the DOJ, SEC, and Federal Reserve to resolve Foreign Corrupt Practices Act ("FCPA") offenses for providing jobs to the relatives of Chinese government officials to secure the underwriting of Chinese state-owned companies' initial public offerings ("IPO").  While this is not the first time an American company has settled an FCPA case on similar facts, the JP Morgan investigation trumps all others in terms of its scope and the audacity of the alleged bribery scheme.  
TRUSTS & ESTATES,
TAX & ELDER LAW
Hospital Patients Are Entitled to Admission Status Information
Last year, President Obama signed the Notice of Observation Treatment and Implication for Care Eligibility Act (better known as the "NOTICE Act"). The NOTICE Act became effective on August 6, 2016.  It may not seem like a big deal, but the Act requires hospitals to inform patients whether the patients have been admitted to the hospital on "inpatient" status versus "observation" status.
CORPORATE
Roadmap to a Valuable Teaming Agreement
Recently, a client inquired about forming a joint venture with another company to bid on government solicitations.  While joint ventures are one vehicle, there is another option that is often less expensive and less risky: a teaming arrangement, which is memorialized in a Teaming Agreement.  Generally, teaming arrangements are organized so that one company is the prime contractor and one or more other companies are subcontractors.  
GREAT  REPRESENTATIONS
CMM Represents ServiceAide, Inc. in Acquisition from CA Technologies

The firm's  Corporate team, led by CMM partner  Christine Malafi, represented industry leader ServiceAide, Inc. i n its acquisition of IT Service Manageme nt S oftware  Cloud Service Management (CSM) from CA Technologies (Nasdaq: CA).  
COMMUNITY SPOTLIGHT
The firm is proud to support the fine arts in our local community by sponsoring the Stony Brook University Staller Center for the Arts. Throughout the year, the Staller Center presents diverse professional and university performances, exhibits, festivals, and other special events. Please join us at these upcoming productions. Click on the links for more information and to purchase tickets.

Performances:

3/26/17: Cashore Marionettes
 
Staller Center Gala


FIRM NEWS & EVENTS
CMM Business Breakfast:  "Never Eat Alone: Put Your Network to Work in 2017"
Highly successful people know how to leverage the power of relationships.  Please join us on Wednesday, January 18, 2017 at the Courtyard Marriott, 5000 Express Drive South in Ronkonkoma for breakfast, networking, and a look at how to make meaningful connections in the new year!  CMM Managing Partner  Joe Campolo   will share lessons from Keith Ferrazzi's bestselling business classic,  Never Eat Alone and Other Secrets to Success, One Relationship at a Time. The presentation will include specific action items that master networkers use to create and build genuine relationships that are win-win for all parties. Put your network to work for you in 2017 with these powerful strategies.
LIMBA Relaunches in 2017 with New Format and CMM as Major Corporate Sponsor
Campolo, Middleton & McCormick, LLP and  LIMBA , the longsta nding catalyst for transportati on and economic improvement on Long Island, are pleased to announce that they have joined forces for 2017 to promote the needs of Long Island and expand their reach in the community.  As major corporate sponsor of LIMBA, CMM will co-host six LIMBA meetings in the new year featuring a new interactive Q&A format.   The first joint meeting will feature U.S. Congressman Lee Zeldin on Friday, March 3, 2017 at the Courtyard Marriott, 5000 Express Drive South in Ronkonkoma, at 8:00 a.m.
CMM Welcomes Laura Blasberg
CMM is pleased to welcome  Laura Blasberg to the firm.  Blasberg offers experienced representation in general tax, estate planning, and tax controversy matters for individuals and businesses throughout Long Island and New York State.  A published author on estate planning and taxation issues, Blasberg has represented clients in the real estate, finance, fashion, and publishing industries as well as hotel owners, public utilities, plumbers, contractors, and many other fields.  She also counsels both sellers and buyers of real estate to minimize their tax liability and achieve their business goals.
Big Street Jam to Perform
PLEASE TAKE NOTICE that you are hereby directed to appear on Thursday, December 22, 2016 from 6-9 p.m. at Lily Flanagan's Irish Pub, 528 Main Street, Islip, and exercise due diligence in helping to celebrate the holidays and coming new year while listening to live music from Big Street Jam, featuring Hon. Andrea Harum Schiavoni on lead vocals.  No cover charge; just merriment.  No adjournments.  It is so ordered.
Suffolk Academy of Law CLEs Feature CMM Attorneys
The Suffolk Academy of Law at the Suffolk  County Bar Association has a full calendar of programming for January.  On Thursday, January 5, 2017 C MM 's Andrea  Haru m Schiavoni will present along with Tad Scharfenberg in a DWI Update Program in Bridgehampton coordinated by Patrick McCormick.  On Wednesday, January 25, 2017 McCormick and Schiavoni will join an esteemed Landlord-Tenant panel featuring 2017 updates , also in Bridgehampton. McCormick also contributed questions for  Jeopardy!  on Tuesday, January 31, 2017 in Hauppauge, offering game-night themed dinner, homemade desserts, a hot chocolate bar, and a side of Ethics credits. Register here.
Yermash to Present "Nuts & Bolts of Forming a 501(c)(3)
Starting a nonprofit organization dedicated to a cause you care about is extremely rewarding - but how do you get there?  Join us for an informative presentation covering the nuts and bolts of forming a 501(c)(3) organization.  Arthur Yermash will share guidance, tips, and legal considerations to keep in mind as you plan to incorporate.  Topics include New York State filing requirements, registration to make charitable solicitations, bylaws and governance issues, and duties and responsibilities of board members.  The presentation will take place at Miller Business Resource Center  (Middle Country Public Library, 101 Eastwood Blvd. in Centereach) on January 24, 2017 at 9:00 a.m. 
Learn More.    
CMM to Sponsor HIA-LI Legislative Breakfast
CMM is pleased to sponsor the HIA-LI Annual Meeting & Legislative Breakfast on Friday, January 20, 2017 at 8:00 a.m. at UPSKY Long Island, 110 Vanderbilt Motor Parkway in Hauppauge.  Meet your local and state representatives as they discuss their forecast, initiatives, and updates for 2017.  Invited dignitaries include Suffolk County Executive Steve Bellone, State Senate Majority Leader John Flanagan, State Senator Tom Croci, and State Assemblyman Mike Fitzpatrick.
Harrington to Address HIA-LI Manufacturing Committee 
Jack Harrington, chair of our International Regulation, Enforcement & Compliance practice,  will address the HIA-LI Manufacturing Committee on Wednesday, January 25, 2017 at 8:30 a.m. on the Foreign Corrupt Practices Act (FCPA) and its impact on the Long Island manufacturing economy.  Open to all HIA members, the meeting will take place at Sandler Training, 225 Wireless Blvd., Suite 104, Hauppauge.  Please call (631) 543-5355 for more information.
Truong to Present Intellectual Property Seminar
Mark your calendar for Wednesday, March 29, 2017 at 8:30 a.m. when Eryn Truong, chair of our Intellectual Property & Technology department, will present a seminar at the Stony Brook Small Business Development Center about IP protection strategies.  Registration details to follow.
Basso and Portmore Win CMM Awards
Congratulations to Jeffrey Basso and Nancy Portmore, who were named CMM's 2016 Attorney of the Year and Employee of the Year, respectively.  The awards recognize attorneys and staff members who demonstrate exceptional achievement and contribution to CMM coupled with outstanding client service.  Basso, a Senior Associate, and Portmore, a paralegal, both focus on litigation.  The firm is proud to recognize their achievements!

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