June 2015
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.
To access past newsletters visit our  Newsletter Archive

CMM Welcomes Marc Alessi

CMM is pleased to announce that Marc S. Alessi has joined the firm Of Counsel and will join our corporate and real estate practice groups, assisting small to mid- sized companies and the entrepreneurs that run them.  


Mr. Alessi has a history of public service on Long Island and in New York State, having served as a member of the New York State Legislature and as a Board Member of the Long Island Power Authority. He is also well known as an entrepreneur on Long Island, having helped to launch and finance a number of early stage companies across a diverse set of industries.   

Learn More.


Common Myths About "Fair Use" of Copyrighted Works  

 By Eryn Y. Truong, Esq.

In general, fair use is the copying of copyrighted material done for a limited and "transformative" purpose, such as to comment upon, criticize, or parody a copyrighted work.   Such uses are done without permission from the copyright owner.  Therefore, fair use is a defense against a claim of copyright infringement.  If your use qualifies as fair use, then it would not be considered an infringement.   

There many myths and misconceptions about what constitutes copyright infringement and fair use.  Below are some common myths and an explanation of the rules.

Myth 1:  If a work does not have a ? symbol, it is not protected by copyright. 

Since 1989, a copyright notice is not required to protect a work.  Even without a ? symbol, the creator maintains all rights to the work.  The work also does not need to be registered with the Copyright Office to be protected.    

Read More.

Council for Urological Interests Case Article

Freddy Kreuger from Nightmare on Elm Street, Jason from Friday the 13th, and The Exorcist.  This triumvirate struck fear in me as a kid and caused many sleepless nights.  Fast forward to present, and the Stark Law invokes similar fears, with its strict liability and draconian punishments for even inadvertent violations.  The Stark Law prohibits a physician from billing any federal healthcare program for items or services provided by another entity with whom the physician has a financial relationship, unless the arrangement falls within a statutory exception.  See generally, 42 U.S.C. 1395nn. 


The Secretary for Health and Human Services has enacted three major regulatory declarations interpreting and refining implementation of the Stark Law.  These have been collectively referred to as Stark I, Stark II, and Stark III.  

Read More.
LIPA, SEQRA and Commercial Solar Power Plants in Suffolk County:  Every Approval of a Power Purchase Agreement by LIPA Before the Lead SEQRA Agency Acts Is Null and Void

On January 1, 2003, Article 10 of the Public Service Law, which provided a fast track regulatory system for the siting of major electrical generating facilities (i.e., those with a rated capacity of 80 MW or more), lapsed.  Prior to that, to avoid having to go before a Siting Board and the extensive public review process required by Article 10, which included review of environmental impacts and required applicants to put up money to help the public intervene with expert help, private companies that wanted to construct so-called peaker plants (whose output would be used primarily during peak hours), would propose facilities which purportedly had a rated capacity of 79.5 MW.  Exempt from the Article 10 Siting Board practice, LIPA's approval of the peaker plants was subject to the State Environmental Quality Review Act ("SEQRA").  Invariably, LIPA would declare itself to be the lead SEQRA Agency, and would always issue a negative declaration (meaning that the project could be approved without first having to prepare a Draft Environmental Impact Statement).  Much to the consternation of the public, LIPA would approve the location of these peaker plants wherever LIPA felt was a convenient location for LIPA, without any meaningful environmental review.

Read More.

Note from my Grandmother - Spit Out the Pacifier

By Joe Campolo, Esq.

Published in the Long Island Business News.

Lately, I've heard business leaders complain about the economy, trouble attracting high-paying customers, a lack of skilled workers, employees not pulling their weight and taxes as reasons for business not doing well.

It's time for Long Island business leaders to realize that we - not the government or anyone else - are responsible for the future of work and life on Long Island. We must take action to protect the amazing ecosystem of resources available to the business community here instead of merely complaining and wishing for change. As my grandmother would have said: "It's time to spit out the pacifier and get back to work." 

My grandmother grew up during the Great Depression. She raised my father on her own by working long days as a seamstress. She was paid pennies for each garment she sewed. She didn't watch the clock. Instead, she stopped working when her fingers were raw and bleeding from being struck by the sewing needle. She never complained or blamed anyone else.

Eventually she earned enough money to purchase a Brooklyn brownstone. Some people say that it's more difficult today. I don't think that my grandmother would agree - I don't either.

Supreme Court Rules that Attorneys Cannot be Awarded Attorneys' Fees in Defending Their Own Fee Applications 

By Lauren Kanter-Lawrence, Esq.

Dating back at least to the 18th century, the "American Rule" provides that each litigant pays his or her own attorneys' fees, regardless of the outcome, unless provided otherwise by statute or a contract between the parties.  Justice Thomas, writing for the majority in the Supreme Court's June 15, 2015 decision in Baker Botts v. ASARCO, LLC, referred to this rule as a "bedrock principle" that would serve as the Court's basic point of reference in evaluating this dispute from the Fifth Circuit.
Read More.

Best Practices for Internal Investigations

On May 19, 2015, Assistant Attorney General Leslie Caldwell, the leader of the Department of Justice's ("DOJ") Criminal Division, gave a speech offering companies "best practices" guidance for corporate internal investigations.

Presently, the DOJ is guided by the nine factors outlined in Deputy Attorney General Mark Filip's 2008 memo entitled "Principles of Federal Prosecution of Business Organizations."  These are collectively known as the "Filip Factors."   Factor 5 states that the charging decision depends in part on "the existence and effectiveness of the corporation's pre-existing compliance program."  U.S. Attorneys Manual ("USAM") 9-28.300.  Caldwell emphasized that a company will get credit from the DOJ only if its compliance program is "effective."  

Read More.

Joint Accounts May Be a Poor Estate Plan

Many of my senior clients see joint ownership of all their assets (such as investment accounts, bank accounts and real estate) as a cheap and easy way to avoid probate since joint property passes automatically to the joint owner at death.  They feel that joint ownership can also be an easy way to plan for incapacity since the joint owner has the immediate ability to pay bills and manage investments.  These are all true benefits of joint ownership, but there are a number of potential drawbacks that I feel greatly outweigh the benefits.
Read More.


Joe Campolo Named Honoree Girls Scouts of Suffolk County 26th Annual Golf Classic

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. 

Joe Campolo, Managing Partner at CMM talks with LI News Radio 103.9 FM host Jay Oliver about the Long Island business community, its leadership, and the future. Listen to the interview here. 

CMM Sponsors the HIA-LI Young Entrepreneur/Scholarship Awards Luncheon

CMM was proud to sponsor the 2015 HIA-LI Young Entrepreneur/Scholarship Awards Luncheon  on June 23, 2015 from 11:30 am - 1:30 pm at Dowling College, Oakdale.  Featured speakers discussed their insights and philosophies on what it takes to succeed as a young executive in business today. The HIA-LI also presented selected students with HIA-LI's Young Entrepreneur Scholarship Awards. 

Learn More. 

CMM Hosts HIA-Long Island Cares Summer Food Drive

CMM is happy to join in the fight against hunger by participating in the Annual HIA-Long Island Cares Summer Food Drive. The HIA-LI Summer Food Drive is the second largest food drive in the country; second only to the National Letter Carriers Food Drive. They collect an average of 70,000 pounds of food each year, which distributed directly back into Long Island communities. To learn more about how you can help, visit here.  

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