January 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.
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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Attempt to Have Attorney Disqualified Denied by the Court in Corporate Valuation Case
What happens when an attorney represents a corporate entity in the formation of that entity and then represents one of the shareholders in a corporate dissolution proceeding?  Should the attorney be disqualified because of the knowledge he/she obtained while forming the corporation?  Will that attorney be considered a necessary witness?  The Commercial Division in Suffolk County recently ruled on these issues deciding that, at least in this instance, the attorney should not be disqualified and would not be a witness. 
New Treasury Efforts to Fight Money Laundering Through New York Real Estate
To combat the scourge of money laundering from transnational criminal syndicates, the United States Treasury has issued new Geographic Targeting Orders ("GTOs") to Manhattan and Miami Dade County requiring title insurance companies to reveal beneficial owners of entities purchasing real estate for cash.

GTOs are directives with limited duration issued by the Secretary of Treasury through the Financial Crimes Enforcement Network ("FINCEN") and are authorized under the Bank Secrecy Act (31 USC 5326).  After passage of the Patriot Act, TROs, by definition, last for 180 days. 
Things Every Architect Should Know About Copyrights
Some people say that imitation is the greatest form of flattery.  However, with an architectural work, imitation could result in copyright infringement.  This article briefly outlines some things architects should be aware of in order to protect and enforce their copyright, and avoid copyright disputes. 

It is well established that both architectural drawings and completed architectural works are entitled to protection under the Copyright Act.  According to the Copyright Act, the definition of an "architectural work" is "the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings.  The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features."  17 U.S.C. ยง101.     
Successor Liability in Asset Purchases under New York Law
When buying or selling a business, potential successor liability of the buyer is a primary concern.  Successor Liability means liability that the Buyer of a business's assets may have for the acts or liabilities of the Seller of those assets. 

General Rule in New York:  The Buyer of a business's assets does not assume and is not liable for the Seller's liabilities unless otherwise expressly stated in the purchase and sale agreement. 

This is a primary reason that sales and acquisitions of businesses are often structured as asset sales.  However, New York law contains four exceptions to that general rule.
The GAO Finds That the EPA Violated Propaganda and Lobbying Provisions Through Its Use of Social Media
Social media's ubiquitous presence in the lives of many Americans has transformed the way government communicates and interacts with the citizenry.  Nearly every politician, from the President of the United States to mayors of America's smallest towns, has a Twitter account.  Governments increasingly rely on social media to engage the public, providing information on emergency response and disaster relief to government services and events.  A recent report from the U.S. Government Accountability Office ("GAO"), however, considers when the federal government's use of social media constitutes impermissible public advocacy in support of an agency's legislative agenda.  The report raises interesting questions regarding what constitutes government "propaganda" or lobbying efforts in the Internet age.  
Previously published in the Suffolk Lawyer.
I Need An Estate Plan - Part One
Well, it's a new year and everyone has made their New Year resolutions.  Hopefully one of those resolutions is to do an estate plan.  Unfortunately, historically the percentage of resolutions that are actually carried out is fairly low.  This is a resolution that I hope everyone keeps.
Just so I'm clear, I'm talking about a full estate plan, not just a Last Will and Testament.  A basic estate plan typically consists of four documents.  One of those is the Will, but there are others commonly known as Advance Directives.  That is because they have power in advance of death, i.e., while you are still alive.  They are a Power of Attorney, a Health Care Proxy, and a Living Will.
Adam Gottlieb, Esq. Joins CMM
We are proud to announce that Adam Gottlieb has joined the CMM team as Counsel and is the Chair of our Wills, Trusts and Estates Department. Adam, who is a CPA as well as an attorney, concentrates on Wills, Trusts, estate planning, sophisticated tax planning, and generation-skipping transfer planning for high net-worth families, as well as elder law planning. Adam also advises fiduciaries in administering Estates and Trusts, including the preparation of estate and gift tax returns. Further, he represents fiduciaries and beneficiaries in Estate and Trust litigation in the Surrogate's Court. Finally, he represents taxpayers who need a tax lawyer, either for tax consulting or to assist with tax disputes with the Internal Revenue Service and New York State.
Meghan Dolan, Esq. Joins CMM
We also welcome our newest associate, Meghan Dolan, to the CMM team. Meghan litigates personal injury, premises and general liability, Labor Law violations, and criminal matters.
Prior to joining CMM, Ms. Dolan was an in-house litigator for a Fortune 100 Insurance Company, representing commercially-insured clients on cases including premises liability, property damage, motor vehicle accidents, and Labor Law. Her clients ranged from major national corporations to local family-owned businesses.  Ms. Dolan managed all phases of litigation from inception up to and including depositions, trial, mediation, and arbitration.

Ms. Dolan is also a former Assistant District Attorney in Nassau County, NY where she prosecuted hundreds of misdemeanor and felony cases and tried dozens to verdict.
CMM Expands Headquarters

We are pleased to announce the addition of 4,000 square feet of space to our Ronkonkoma headquarters.  The firm has acquired half of the space on the third floor at 4175 Veterans Memorial Highway, connecting it to the existing fourth floor office by an internal staircase.   The new space features conference rooms, a suite of offices and workstations, as well as a new kitchen for use by employees and for special events.  The existing space on the fourth floor has been reconfigured to encompass additional offices, a library, and expanded meeting spaces.

"Our expansion reflects our continuing commitment to our clients and the surrounding community," said Joe Campolo, managing partner of the firm.  "We needed additional space to meet the demands of our growing client base, and we chose to do that right here in Ronkonkoma."
East End Executive Breakfast - February 10, 2016

Our next East End Executive Breakfast event is on February 10, 2016 and is hosted jointly with Markowitz, Fenelon & Bank. The event will feature an interactive panel of Long Island professionals discussing important legal and practical updates on a wide range of Labor and Employment topics for business owners, CEOs, managers, in-house counsel, and human resources professionals. Join us as we host Irv Miljoner, Director of the Long Island District Office, U.S. Department of Labor's Wage & Hour Division, and Markowitz, Fenelon & Bank as we address employment law issues that impact our business community. Special thanks to our sponsors: Gold coast Bank, Dan's Papers, and Bridgehampton National Bank.

The breakfast is complimentary, but registration is required. Please RSVP to .
In our December Client Spotlight,  we introduced you to a National Business Capital, but inadvertently listed the incorrect contact phone number, the correct number is (631) 358-LOAN. 

National Business Capital is 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.

(631) 358-LOAN

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