June 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.
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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Tea and Empathy: Don't Confuse Empathy with Sympathy in Negotiation
The Chinese general and military strategist Sun Tzu famously wrote that the "supreme art of war is to subdue the enemy without fighting."  Using empathy at the negotiation table is the modern-day embodiment of this strategy.  
Supreme Court Restricts Power of SEC
Disgorgement is a legal remedy requiring defendants to pay back unlawful gains, which the SEC often seeks in addition to civil penalties.  On June 5, 2017, the Supreme Court held that disgorgement is a penalty, not an equitable remedy, and thus is subject to the five-year statute of limitations. The decision significantly restricts the SEC's power.
Supreme Court Settles Important Taking Question 
By Frederick Eisenbud, Esq.
On June 23, 2017, in Murr v. Wisconsin, the U.S. Supreme Court addressed whether adjacent properties owned by the same owner may be combined for purposes of determining if there has been a regulatory taking without compensation.
Supreme Court Limits Venue Shopping in Patent Cases 
By Eryn Y. Truong, Esq.
The U.S. Supreme Court recently issued a unanimous decision that will limit the controversial practice of "venue shopping" by plaintiffs who pick court locations they believe will be more favorable to their case, and who unnecessarily drag defendants into patent disputes in a faraway venue in the process.  The decision has important implications for businesses that rely on patents to protect their innovation.
And the Scams Keep Coming
About a year ago I wrote about scams, mainly those against seniors.  I feel compelled to write again since I've found some relatively new phone scams, one of which a senior relative of mine was caught up in. Heed these warnings to keep your loved ones safe.
Read more.
Dodd-Frank Anti-Retaliation: Headed to the Supreme Court?
The Dodd-Frank Act, signed into law in 2010, established a program for whistleblowing related to securities and commodities law violations.  It created a private cause of action for whistleblowers to sue their employers for retaliation after reporting company misconduct.  However, federal circuit courts are split as to when employees are eligible for anti-retaliation protection under Dodd-Frank.  The answer hinges on whether the SEC must be notified of the potential misconduct or if an internal company complaint will suffice. 
Campolo Interviews Chess Champion and Political Activist Garry Kasparov
Garry Kasparov and Joe Campolo

CMM International was proud to host an extraordinary evening with Joe Campolo interviewing Garry Kasparov, Chairman of the Human Rights Foundation (HRF) and former World Chess Champion, about the global fight for democracy. We deeply appreciate our sponsors, Protegrity Advisors, LLCInvestors BankSasserath & Zoraian, LLP, and Claire Friedlander Family Foundationwhose financial support will further the critical work of the Human Rights Foundation. Read coverage of the event in Newsday and Long Island Business News.

Campolo Shares Insights on Business Valuation Panel

Joe Campolo participated in a panel discussion entitled "Do You Really Know How Much Your Business Is Worth?" where he sought to simplify the M&A process for would-be sellers. His strategy was the focus of a spotlight article in Long Island Business News.

Campolo and Kanter-Lawrence Author Article for Prestigious New York Zoning Law and Practice Report
The article focused on a split among federal circuits regarding when Fair Housing Act claims are ripe for judicial review. CMM petitioned the U.S. Supreme Court to address the discrepancy, which affects the rights of disabled individuals across the country. The NYZLPR is published by Thomson Reuters. Read the full article here.
McCormick Teaches at New York State Judicial Institute
On June 20, CMM partner Patrick McCormick presented for New York State judges and justices about Yellowstone injunctions and stays pending appeal. The program was part of the  New York State Judicial Institute's summer seminars.  No stranger to the classroom, McCormick serves as Dean of the Suffolk Academy of Law.
"Law Meets Art" at the Miller Business Center
On July 11, CMM's Eryn Truong will present "Law Meets Art: A Legal Roadmap for Creatives" at the Miller Business Center. Truong's workshop will cover legal issues of interest to artists including copyright protection, ownership issues, the use of models, and licensing.
Rassiger Chairs LIBI Awards Committee
Don Rassiger, chair of the firm's Construction practice group was recently elected chair of the Long Island Builders Institute  Awards Committee. Applications are  now being accepted for the 2017 LIBI Awards competition, a prestigious builder recognition open to any member of LIBI. Honorees will be recognized at the Awards Gala on November 8, 2017. Deadline for entry submissions is September 18. View  the nominat ion application here.
Campolo Interviews Timothy Sini, Suffolk County Police Commissioner
Recognizing that safe  communities are the foundation of thriving communities, Joe Campolo interviewed Suffolk County Police Commissioner Timothy Sini at our
CMM and  LIMBA breakfast on June 23.  Campolo and Sini discussed  the critical roles of transparency, community
outreach, and training in effective policing, and the many new initiatives the Police Department has implemented to get drugs, gangs, and guns off our streets.  Additional topics included federal and public-private partnerships to bolster public safety, concerns about terrorism, and unique ways to build public trust.  

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 from 8  - 9:30 a.m. 

Panelists: Mitch Pally, Chair, MTA Board;  Marc Herbst, Executive Director, Long Island Contractors' Association; Ray Mazzeo, TransDev of NICE Bus; and Jesse Powell, Founder and President, Maglev Strategies, LLC
Friday, July 14: Infrastructure for Long Island's Economic and Environmental Future

SEAN WALTER, Supervisor, Town of Riverhead
Friday, July 28: Enterprise Park at Calverton
Riverhead Foundation Oceans of Hope Gala
We are pleased to support the Riverhead Foundation for Marine Research and Preservation. We invite you to join us at the 2017 Oceans of Hope Gala  on Friday, July 14 at the  Long Island Aquarium, 431 East Main Street, Riverhead from 7:30 - 10:30  p.m.
United Cerebral Palsy-LI:Serving Our Community
Campolo presents children with their diplomas at UCP-LI's Children Center graduation 
Did you know that approximately 1.5 to 2 million children and adults have cerebral palsy in the United States? Joe Campolo is proud to serve on the Board of Directors for UCP-LI, an organization that works tirelessly to advance the independence, productivity, and full citizenship of adults and children with cerebral palsy and other disabilities. Please visit to learn how you can support this wonderful organization.

March of Dimes Celebrity Golf Classic 
Mark your calendars! Please join us for the March of Dimes Joe Namath Celebrity Golf Classic on September 18 and 19. March of Dimes is a nonprofit organization that strives to  improve the health of babies by preventing birth defects, premature birth and infant mortality. For more information, please contact Don Rassiger at  [email protected].

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