| 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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With the internet and social media, information and content moves so quickly that companies may lose control of their trademarks. A trademark is what distinguishes your product or services from the competition, but improper uses may cause the mark to become generic, and thus not protectable. To help avoid the same fate as "aspirin," "escalator," and "thermos" --- all of which started out as trademarks but have become generic -- here are some tips on how to protect your trademark before it becomes generic.
1. Use Notice Markings.
Placing a TM marking after your trademark gives notice to others that you are claiming rights to the mark. It also helps distinguish the mark and draws it out of the context for the reader. If you have a registered the trademark with the U.S. Patent & Trademark Office, use the symbol.
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Landlord and tenant stories can be entertaining, especially so with a Hampton's summer residential rental. The seasonal rent could be six figures--akin to a starting salary. The purpose of the security is to protect the landlord from damages cause by the tenant at the end of the lease.
I am reminded of one Landlord in Southampton who wished to make a claim against the lease security deposit in order to repair a pock marked wall after his summer tenant departed post Labor Day weekend. The Landlord was baffled as to how hundreds of dime-sized holes punctured the sheetrock in the closet of the master bedroom. As it turned out, the tenant's girlfriend would kick-off her Jimmy Choo heels at the end of every evening with such force that the shoes got stuck in the wall.
Thankfully, there was more than enough security to make the needed repairs. However, if the Landlord fails to follow the law with regard to the security, a difficult tenant who damages the property can recover their entire security deposit at the end of the lease term, even if they cause damages in excess of the security amount.
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Center for Medicare & Medicaid Services ("CMS") Announces Guidelines to Ease ICD-10 Implementation
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Beginning October 1, 2015, physicians will be required to utilize ICD-10 for claims. ICD-10 will replace the 35-year old ICD-9 diagnostic system. According to Acting CMS Administrator Andy Slavitt, "ICD-10 will set the stage for better identification of illness and earlier signs of epidemics, such as Ebola or flu pandemics."
The task of converting to ICD-10 has proven nothing less than gargantuan for medical practices, and spurred intense lobbying from the American Medical Association ("AMA") and other physician interest groups. As a result, on July 6, 2015, the CMS and AMA jointly released an announcement detailing efforts CMS will implement to ease the ICD-10 transition for physicians.
Read More.
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Pharmaceutical Disposal - A Work in Progress
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Published in The Suffolk Lawyer, July 2015
The disposal of pharmaceuticals is a growing area of concern in our over-medicated society. According to Citizens Campaign for the Environment, nearly 4 billion prescriptions are filled in the U.S. each year, of which about one third, or 200,000 pounds, are unused. Trace amounts of these drugs enter our surface and ground waters from various sources, including landfill leachate, animal feedlots, aquaculture, land application of organic materials, pharmaceutical manufacturing facilities, and deliberate flushing. Most ubiquitous of all, the pharmaceuticals pass through our bodies and are secreted, ending up in cesspools and sewage treatment plants, neither of which are equipped to filter or treat them. Studies relating to the impacts of these substances and of personal care products are still few and far between.
Read More.
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Last year, I discussed circumstances under which a volunteer may be considered an employee for the purposes of the Fair Labor Standard Act. As discussed previously, the Federal Fair Labor Standards Act ("FLSA") requires both public and private entity employees to be paid minimum and overtime wages. The question of who qualifies as an "employee" under the FLSA is not as simple as you would expect. Last year, we discussed the 2014 opinion of the Second Circuit Court of Appeals, Brown v. New York City Department of Education, as to when a public volunteer may be considered to be an employee entitled to wages.
Earlier this month, in Glatt v. Fox Searchlight Pictures, Inc., the Second Circuit Court of Appeals provided some parameters as to when an intern must be a paid employee. Read More.
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Second Circuit Upholds use of Undisclosed Third Party Software to Provide Probable Cause in Search Warrant
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While the crimes themselves are despicable, child pornography prosecutions often feature cutting-edge forensic investigation techniques and challenges that are applicable to a wide range of white collar crimes.
On June 11, 2015, the United States Court of Appeals for the Second Circuit rejected a defendant's challenge, and held that law enforcement may use third-party aggregating software in order to develop probable cause in support of a search warrant, and that the warrant application need not identify the software utilized.
Read More.
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How Portable is the Estate Tax Exemption?
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The IRS just came out with their final rulings on how portability is to be used for the federal estate tax exemption. That statement alone probably makes no sense to half of my readers, so let me take a step back and explain.
Currently there is a $5.43 million exemption to the federal estate tax. This means that you only have to pay tax on anything that exceeds that amount. The IRS says that if you don't use all of your exemption when you die, your surviving spouse can 'port' it over to her and add it to her exemption amount.
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Published in the Long Island Business News.
In a recent opinion article I challenged the Long Island business community to be leaders instead of complainers. The response was overwhelming, with many people asking for some guidance; they wanted to know if I had any rules that I could share. The best rules I know I learned as a Marine.
The U.S. Marine Corps is all about mission, discipline and dedication - principles Long Island business leaders can use to grow their business. Here are six of those lessons:
1. Lead by example. Before you expect your employees to demonstrate personal and professional integrity in their work, you must demonstrate it yourself. Are you the hardest-working person in the company? Taking professional advancement courses? It's hard to expect it from others if your answer is no.
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Joe Campolo Named Honoree Girls Scouts of Suffolk County 26th Annual Golf Classic
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CMM is proud to share that Joe Campolo has been chosen as the honoree for the 2015 Suffolk County Girl Scouts Golf Classic on July 27. Yvonne Grant, President/CEO of the organization shared that the Girl Scouts are "delighted to honor Joseph, as his impressive tenure of community service and giving back to others aligns with our mission of building the strong, confident leaders of tomorrow."
Learn more.
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| New York Real Estate Journal: Campolo Profile |
In the July 14-27, 2015 edition of the New York Read Estate Journal - Long Island section, Joe Campolo was a featured Professional giving a little insight into his career and personality.
What do you do now and what are you planning for the future? Now - manage a very busy law firm; Future - involves a beach and golf.
How do you unwind from a busy day in real estate? Shorts, BBQ, drinks
Favorite book or author: "A Walk in the Woods" by Bill Bryson
Favorite movie: "Godfather II" (Is there another movie?) OK, also "Gladiator."
Read More.
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| Natasha's Justice Project Fundraiser |
On September 30, 2015, Natasha's Justice Project is hosting a fundraiser at the West Sayville Fire Department, 80 Main Street, West Sayville, New York, from 6-8 pm. The not-for-profit organization is committed to the elimination of rape kit backlogs around the country and giving a voice to victims. Enjoy cocktails and food, while networking with others.
Learn More.
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| Pet Peeves Unleashed at the Beach |
On September 16, 2015, Pet Peeves - The Voice of Long Island Pets is hosting its 2015 South Beach Soiree at the Crest Hollow Country Club. The nonprofit organization raises funds and awareness for Long Island's struggling animal shelters and rescue groups. This annual event is an opportunity to network while enjoying food and cocktails, and know you're doing your part to help Long Island's forgotten pets. Learn More.
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| WFLI Annual Women Achievers Breakfast |
On October 8, 2015, Women's Fund of Long Island (WFLI) will be holding its annual Women Achievers Breakfast at Crest Hollow County Club. This annual event makes it possible for WFLI to help women and girls on Long Island reach their full potential through grant-making, leadership development, education and philanthropy. Eryn Truong, a new WFLI Breakfast Committee member, and all of us at CMM, welcome you to support the event and the mission of WFLI. Read More.
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