Legal Brief   FIRM NEWSLETTER
July/August 2017
Table of Contents
Campolo, Middleton & McCormick, LLP is a premier law firm with offices in Ronkonkoma and Bridgehampton, NY.  We do not seek to be the largest law firm as measured by number of lawyers or offices.   Instead, we strive to be the firm of choice for clients with respect to their most challenging legal issues, most significant business transactions, and most critical disputes. Over the past generation, our attorneys have played a central role in the most critical legal issues and transactions affecting 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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NEGOTIATION
Don't Be Afraid to Have a Plan B in Negotiation
There are many myths in negotiation.  Among them: effective negotiators are born, not made.  Experience is all you need to be a good negotiator.  The strong negotiator never exhibits empathy.  And perhaps the most stubborn myth?  That having a Plan B makes you weak and gives you an easy out, preventing you from ever achieving your Plan A.
INTELLECTUAL PROPERTY
Ban on "Disparaging" Trademarks Struck Down
By Eryn Y. Truong, Esq.
On June 19, 2017, the U.S. Supreme Court struck down a 70-year-old provision under the Lanham Act that barred the federal registration of disparaging trademarks.  The Court determined that the disparagement clause was an unconstitutional restriction on speech and the U.S. government cannot refuse to register a trademark based on the offensiveness of the mark.  
INTERNATIONAL REGULATION
Thinking Positively About International Compliance
Companies tend to think about corporate functions as one of two things: a revenue center or a cost center. Human Resources, for instance, is typically considered a supporting function: a cost center.  A sales team, by contrast, is a revenue center.  Companies tend to think of international compliance programs as cost centers.  Truly successful companies, however, think positively about their compliance programs and see them as adding value.  
TRUSTS, ESTATES & ELDER LAW
Should You Loan Your Children Money?
I'm amazed at how many times clients tell me that they loaned money to their children and now they want to somehow add that into their estate plan.  I'm not saying that you shouldn't give your kids any money.  But if your child asks you for a loan, don't pull out your checkbook until you've examined the financial and emotional costs.
Read more.
GUEST AUTHOR: 
MITCH PALLY
Summer Repairs Mean a Better LIRR Is on Its Way
By Mitchell H. Pally
As the Long Island Rail Road enters a summer of 2017 with significant challenges from a variety of issues, including the extensive repairs being undertaken by Amtrak at Penn Station, it may be difficult to envision a much more efficient and safer system, unimpeded by various infrastructure impediments.  However, if we can all get though the current short-term frustrations, the longer term will provide such a system.  There are significant improvements on the way which will lead to a much more constructive relationship with our customers. 
Read the full article here.
GREAT  REPRESENTATIONS
CMM Represents Applied DNA Sciences, Inc. in 
Agreement with Himatsingka America, Inc. to Bring Molecular Traceability to Home Fashions Worldwide
CMM's skilled corporate team represented  Applied DNA Sciences in the negotiation of an agreement with textile manufacturer Himatsingka America to incorporate the company's molecular tag technology in products sold at Bed Bath & Beyond, Costco, and other retailers. This incredible technology, SigNature® T, gives consumers confidence that the products they buy are made from pure Pima cotton. Read more.
CMM Secures Certification of Election Results as Special Counsel to Village of Poquott
In its role as Special Counsel to the  Village of Poquott  and Of Counsel to the Village Attorney for the Village of Poquott, CMM  successfully secured the certification of the results of the recent village trustee election. As Scott Middleton explains, the outcome is a victory for the Village of Poquott and the election process. Read more.
FIRM NEWS
CMM Expands Trusts & Estates and Real Estate Offerings with Addition of Melissa Sidor
CMM is pleased to welcome  Melissa Sidor to the firm as Counsel, enhancing the firm's comprehensive offerings in the areas of estate planning and administration, commercial and residential real estate, commercial contracts, business transactions, and not-for-profit organizations.
BIANYS Hosts Annual Meeting 
CMM's Marc Alessi, who serves as Executive Director of 
Business Incubator Association of New York State, Inc.
coordinated the organization's Annual Meeting in June. Attendees networked with other incubator operators from around the state, learning from one another and sharing best practices.  
UPCOMING EVENTS
CMM Presents Summer CLEs at Suffolk Academy of Law
As part of CMM's "Elevate Your Practice to the Next Level" series, on August 10 Joe Campolo  will present "Growing Your Law Practice and Building a Team," followed by Jack Harrington presenting "Cybersecurity & Technology in Your Law Practice" on August 24. The series provides the whats and hows of building critical relationships and implementing the necessary technology to support growth.

On August 17, Eryn Truong will present " Intellectual Property Overview:  What Every Lawyer Needs to Know."
CMM Hosts Labor & Employment Panel
Wage and hour updates, paid family leave, social media in the workplace, and enforceability of non-compete agreements, to name a few: evolving practices and policies pose a challenge to employers trying to stay ahead of the changes.  Join us on September 12 from 8-10 a.m. at Hotel Indigo in Riverhead for our annual Labor & Employment Update. Our panel of experts including Irv  Miljoner, District Director -  U.S. Department of Labor , Wage & Hour Division, Long Island District Office, Arthur Yermash, Esq., Camolo, Middleton & McCormick, LLP,  John Larkin , CPA, ABV, Partner - Markowitz, Fenelon & Bank, LLP,  Aoifa O'Donnell , LCSW, Chief Executive Officer -  National EAP, Inc. and moderator Joe Campolo, Managing Partner - CMM will discuss new laws and regulations affecting the workplace and the specific steps your business should take to prepare for compliance. Special thanks to our sponsor Markowitz, Fenelon & Bank, LLP.
Yermash Presents "LLCs, LLPs, DBAs & More: The Alphabet Soup of Entity Selection"
You're ready to start a business - congratulations! Before leasing space, hiring employees, or landing your first client, you'll have to choose an entity type for your new endeavor. Join us on Thursday, September 26 at the Miller Business Resource Center as Arthur Yermash discusses the features of various common entity types, the pros and cons of each, and how to decide which type makes sense for your business. Arm yourself with the knowledge you need to build a strong foundation for your business. To register call  631-585-9393 x 133.
Malafi Shares Insights with Insurance Professionals
On September 27,  Christine Malafi  will present at "Law School for Insurance Professionals" on the topic of "Legal Procedures and Nuances that Impact a Claim." Christine's talk will address how procedural hurdles such as collateral source, contribution, offset and pre/post judgment interest affect claims.
LIMBA Breakfasts
Interested in learning more about issues affecting Long Island?Please join us at these upcoming LIMBA breakfast meetings at the 
Courtyard Marriott, 5000 Express Drive South, Ronkonkoma at 8  a.m.

Shelley LaRose-Harken, Commissioner, MacArthur Airport
Friday, August 11: Expansion of Long Island MacArthur Airport

WATER QUALITY PANEL 
Panelists: Carrie Meek Gallagher, Regional Director, Department of Environmental Conservation, Long Island; Peter Scully, Suffolk County Deputy County Executive for Administration; and John Tanctredi, Executive Director, Center for Environmental Research and Coastal Oceans Monitoring 
Friday, August 25: Water Quality Control for Long Island's Environmental Future

Tom Falcone, CEO of LIPA
Friday, September 15: LIPA Update

Campolo, Middleton & McCormick, LLP

4175 Veterans Memorial Highway
Ronkonkoma, New York 11779

2495 Montauk Highway
Bridgehampton, New York 11932

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