February 2016
Table of Contents
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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Joe Campolo Voted Best Lawyer on Long Island
For the second year in a row, the Long Island community voted CMM Managing Partner Joe Campolo the Best Lawyer on Long Island.  Sponsored by the Long Island Press and Bethpage Federal Credit Union, the Best of Long Island (BOLI) Awards is the largest and one of the most prestigious business awards programs on the Island.  
Little-Known Payroll Avoidance Loopholes Eliminated in New York
New York business owners, take note: loopholes offering the potential to avoid personal liability for unpaid wages to employees have been recently eliminated.  Prior to these changes, owners of New York limited liability companies, as well as owners of LLCs and corporations created outside of New York (for example, Delaware), were not personally liable for paying wages to their New York employees.  Now, owners of New York corporations and LLCs, as well as owners of corporations and LLCs created outside of New York, could be personally liable for failure to pay wages.
Abracadabra!  Delaware Court Does Away with "Magic Words" for Valid Anti-Reliance Provisions
Integration clauses typically state that an agreement is the entire and only agreement between parties, superseding any prior written or oral agreements.  Similarly, "anti-reliance" language provides that the only representations on which the parties relied in deciding to enter the contract are those within the contract itself.  Integration and anti-reliance clauses are commonly found in M&A agreements and contracts for other complicated transactions.  The rationale behind such language is to limit a party's recourse for misrepresentations made outside the agreement.  The enforceability of such clauses varies by jurisdiction.  As a recent Delaware Court of Chancery decision indicates, the law is constantly evolving even within jurisdictions.
Wood Laminate Flooring Designs are Original Enough for Copyright Protection
Generally, the Copyright Office will not register works by nature, animals or plants.  However, are the designs of wood floors original enough to warrant copyright protection?  One Circuit Court said yes, and found that found that a design for laminate flooring was sufficiently creative to merit copyright protection.

Mannington Mills, Inc. and Home Legend LLC are competitors both selling laminate wood flooring.  Mannington created a floor design called "Glazed Maple" that depicted what a wood floor might look like after decades of age and wear and registered the design with the U.S. Copyright Office in 2010. 
Defeating Deception in Negotiations
Deception has long had a place at the negotiating table.  Used appropriately, it can be an effective tool for getting what you want.  But how can you be sure it isn't being used on you?  As with any negotiation, preparation is key.  If you are familiar with the most common types of deception a negotiator might face, you'll be in a better position to avoid falling into those traps and, even better, flip the situation to your advantage.
The Harvard Law School Program on Negotiation blog recently featured an article highlighting the most common types of deception that arise in negotiations, including lies about bottom lines, offers that seem too good to be true, proposals that take advantage of the fact that you've already made a significant investment, lack of concessions from the other side, and last-minute efforts to swing the negotiation.  Here, the bloggers share their insights on how to recognize and address these tactics.
Want Your Startup to Succeed? Don't Do This
Network.  Find a mentor.  Take risks.  From bookstores to blogs, the market is saturated with advice and how-to books on how to achieve success with a new business venture.  While those tips can be invaluable, I also think there's something to be said for learning what not to do.  From my own entrepreneurial endeavors  to my work with the creative minds powering Long Island's entrepreneurial ecosystem, I've made and seen mistakes that I now know belong in the "avoid" category. 
Sageworks chairman and co-founder Brian Hamilton recently published his own "don't do this" list on, appropriately entitled "6 Ways to Kill Your Startup."  If you're an entrepreneur, I share his advice with you here as a starting point for a conversation I'd love to have with you one-on-one as you navigate through the early stages of your startup.
I Need An Estate Plan - Part Two
Last month I discussed the ins and outs of a Health Care Proxy.  This month I'd like to discuss its sister document, a Living Will.  This is not to be confused with a Last Will and Testament (commonly known as "the Will"). The Will does not become effective until after you die, whereas the Living Will is effective prior to death.
In its simplest terms, a Living Will states your end-of-life decisions so people (doctors, hospital staff, family) will know how you want to be treated and what you do (and do not) want.  If you are capable of making those decisions at that time, you are always able to do so.
Adam J. Gottlieb, Esq.
Newly minted CPA Adam J. Gottlieb was thriving as an accountant at a medium-sized New York City public accounting firm, where he focused on financial statement auditing and tax work.  But when he eventually began to notice that some of the more sensitive accounting and tax issues were often handled by attorneys, Adam knew he could handle those issues also.  Recognizing what a powerful combination a CPA license and a law degree would make, the successful accountant decided to attend law school.
CMM Executive Breakfast: Women in Leadership
Join us on March 23, 2016 as our inspiring panel of business professionals shares their success stories on how they've risen to the top in their respective fields and industries.  Celebrate Women's History Month by learning from successful women how to further your own professional goals and dreams. The event will be hosted at Touro Law Center from 8:00 a.m. to 10:00 a.m.  RSVP to [email protected] to reserve your spot.
Steve Levy Addresses Taxpayer Concerns at LIMBA
Join Long Island Metro Business Action (LIMBA) on Friday, March 11 when they welcome CMM Counsel Steve Levy and Assemblyman Michael Fitzpatrick to discuss taxpayer concerns regarding the spending of public funds and proposed legislation on the issue.  The meeting will be held at the Clarion Hotel, 3845 Veterans Memorial Highway in Ronkonkoma, at 8:00 a.m.  To register, visit
Adam J. Gottlieb to Present at Probate Seminar
Adam J. Gottlieb, chair of the firm's Trusts and Estates, Tax, and Elder Law practice, will be on the faculty of "The Probate Process from Start to Finish" seminar on Thursday, May 5, 2016.  Adam will present on probate filings and the law of intestate succession.  The National Business Institute seminar will take place at the Four Points by Sheraton in Plainview, 333 South Service Road.  To register, visit
Joe Campolo Named Honoree of UCP of Suffolk Annual Golf Classic
United Cerebral Palsy (UCP) of Suffolk has named CMM Managing Partner Joe Campolo the honoree of their annual golf classic, which will be held on Monday, May 9, 2016 at Glen Head Country Club.  Proceeds from the golf classic directly benefit the almost 3,500 children and adults with disabilities served annually by UCP of Suffolk.

Christine Malafi Presents on Employee Privacy Issues
CMM Partner Christine Malafi shared her labor and employment  law insights with groups of human resources professionals and business leaders across Long Island this month.  On February 18, she spoke in Calverton about employee privacy issues with members of HR East End Circle, a group of over 50 professionals who meet monthly to discuss HR issues.  On February 19, Christine gave a talk at the monthly breakfast meeting of the Miller Business Resource Center at the Middle Country Library in Centereach, focusing on employee background checks as well as social media. 
Scott Middleton Quoted in Page Six
On February 1, Partner Scott Middleton was quoted in Page Six regarding CMM's motion to freeze assets in a high profile wrongful death case on the East End.  Click to read more:

Joe Campolo Joins Board of Directors of Long Island High Technology Incubator
The Long Island High Technology Incubator (LIHTI) at Stony Brook University has appointed CMM Managing Partner Joe Campolo to its Board of Directors.  The nonprofit provides support, resources, and services to new technologically innovative companies.  Since opening nearly 25 years ago, LIHTI has worked with dozens of companies that have contributed over $2.5 billion to the economy and created over 500 jobs. Visit  to learn more.
Scott Middleton Speaks at Stony Brook Business Leadership Event
CMM Partner Scott Middleton spoke to a group of Stony Brook University student athletes at a business leadership networking event on January 22, 2016.  Designed to expose students to Stony Brook supporters and Long Island business leaders, the program gave students the opportunity to network and ask panelists for insight on their own professional journeys.

Campolo, Middleton & McCormick, LLP

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