June 2016
Table of Contents
Located in both the heart of Long Island and on the East End, Campolo, Middleton & McCormick, LLP is Suffolk County's premier law firm. Over the past generation, our attorneys have played a central role in the most critical legal issues and transactions affecting Long Island. The firm's commitment to excellence has earned accolades from the business community, including the prestigious HIA-LI Business Achievement Award and LIBN Corporate Citizenship Award, a spot on the U.S. News & World Report list of Best Law Firms, and the coveted title of Best Law Firm on 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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Negotiation Pointers from an FBI Negotiator

It can't hurt to hear what a former FBI negotiator has to say about negotiation strategy.
Chris Voss, former lead international kidnapping negotiator for the FBI, shares his most effective tips on how to become more persuasive in his new book, Never Split the Difference: Negotiating As If Your Life Depended On It (HarperBusiness, 2016).  Business Insider recently posted an insightful article by blogger and Wired writer Eric Barker culling seven of the best tips from Voss's book.  As Barker explains, Never Split the Difference dismisses traditional negotiating tactics such as being abrupt and making your opponent feel that you have the upper hand.  Instead, Voss advocates focusing on emotions - conveying empathy, listening to the other side, and building trust.  I strive to use the same approach in my negotiations, and empathy and listening have gotten me much better results than threatening and bluffing ever have.  
No-Fault Carrier Not At Fault for Faulty Billing:
Billing Confusion Creates Potential Liability for Healthcare Providers
A recent New York State Court of Appeals decision, Aetna Health Plans v. Hanover Insurance Company (NY Slip Op 04658, June 14, 2016), creates yet another worry for doctors and patients with respect to medical billing and ultimate responsibility for those bills.
The issue presented is whether a health insurer that pays for medical treatment that should have been covered by the insured's no-fault automobile insurance carrier may maintain a reimbursement claim against the no-fault insurer within the framework of the Comprehensive Motor Vehicle Reparations Act (New York Insurance Law section 5101).
Overthinking Overpayments from Medicare
Since passage of the Affordable Care Act, compliance officers and attorneys have struggled to comply with the new rule requiring notification and repayment of Medicare overpayments within 60 days.[i]  The two large questions that remain unclear are what constitutes an "overpayment," as well as what it means to "identify" an overpayment.
New York Court of Appeals Refuses to Extend Exception to the Attorney-Client Privilege
Whether documents or communications are subject to the attorney-client privilege (and thus not subject to disclosure) is a frequently litigated issue.  Given the various factual scenarios that can affect what is or is not protected, such matters often require judicial interpretation.  Generally speaking, once someone shares a privileged communication with a third party, the privilege is waived and the communication becomes fair game.  However, as with most general rules, there are exceptions.  
Tips for Hosting a Workplace Summer Soirée
Fireworks.  Barbecues.  Lemonade.  A refreshing dip in the pool.  Summer has a way of bringing out the "sunshine" in everybody.  Hosting a summer event is a fun, enjoyable way to thank employees for their efforts and celebrate the pleasures of summer on Long Island.  But before you dive in, it's important to consider potential legal issues that could quickly make you forget the fun.  
Court of Appeals Ponders "Extreme and Outrageous" Conduct
If it isn't extreme and outrageous to film a trauma patient's last minutes alive, the pronouncement of his death, and the family notification, then broadcast those intimate moments on national television in the name of entertainment, all without consent - then what is?
A recent decision from the New York State Court of Appeals leaves the legal community-and the family of that trauma patient-asking that very question.
Recognizing Elder Scams and Abuse
A scam is defined as a fraudulent scheme, especially for making a quick profit, and (if severe enough) can be considered financial abuse by the Suffolk County District Attorney's Office.  Unfortunately, our seniors are the most vulnerable to this type of abuse.
Litigation Team Victorious in Quest for TRO

Our Litigation group achieved a major victory earlier this month when Patrick McCormick and Jeffrey Basso successfully obtained a judge's signature on a difficult TRO (temporary restraining order) in Suffolk County Supreme Court.  The case involved a dispute surrounding who actually owned and controlled the assets of a business after a sale.  The law did not clearly favor either side, and a thorny fact pattern further complicated the case.  McCormick and Basso went to court fully prepared with a mastery of those facts and the applicable law, which was critical to the court's ultimate decision to sign the TRO.  Their success in court has now elevated our client to a position of strength as negotiations move forward.
Meghan Dolan
A high school term paper assignment about the "right to privacy" under Griswold v. Connecticut brought Meghan Dolan to the local law library, and her interest was immediately piqued.   Then, freshman year of college, she took a seminar with renowned attorney and Harvard professor Charles Fried, who brought the class to hear oral arguments at the United States Supreme Court.  Meghan was immediately hooked.
EC Infosystems
EC Infosystems (ECI), formed in 1995, provides hosted billing/CIS software and EDI solutions to energy marketers in the deregulated energy industry.  ECI serves over 350 energy companies and is interfaced with over 100 electric and gas utilities.  ECI's EDI platform offers unique tools to aid customers with EDI transaction management.  ECI's Utilibill Billing/CIS platform enables marketers to handle all billing types, and has a robust reporting engine and workflow to process exceptions. An industry leader, ECI processes several million transactions per month for customers ranging from medium to large energy marketers and utilities across 23 states and in Europe.
Based in Uniondale, ECI opened a new office in downtown Allentown, Pennsylvania in May 2016.  CMM partner Christine Malafi represented ECI in the real estate deal, which came together in just two weeks.  ECI President and CEO Mohan Wanchoo says that the company, which has about 150 employees at multiple locations, is looking to expand the new office to complement its growing Long Island presence.  To learn more, visit

CMM Partners All Achieve AV Preeminent® Ratings
Campolo, Middleton & McCormick, LLP, has announced that all four partners of the firm-Joe Campolo, Scott Middleton, Patrick McCormick, and Christine Malafi-have earned AV Preeminent ratings from Martindale-Hubbell®, the highest possible rating from the most recognized and trusted legal directory and resource for nearly 150 years.  The AV Preeminent rating recognizes attorneys for both ethical standards and legal ability, and is earned only after an extensive peer review and recommendation process that includes members of the bar and judiciary.  Frederick Eisenbud, chair of the Environmental & Land Use practice group, also holds an AV Preeminent rating.
CMM Welcomes Vozza & Gruber

CMM is pleased to welcome
Joseph C. Vozza and Vicki S. Gruber to the firm, further strengthening our robust service offerings in real estate, corporate law, and litigation.
Vozza joins the firm as Counsel with a focus on commercial and residential real estate, representing national institutional clients, private clients, and investors.  His practice spans lending, acquisitions, sales, and leasing on Long Island and across the New York metropolitan area.  He is also an experienced litigator, handling a wide variety of litigation matters including criminal defense, real estate litigation, mortgage foreclosure, and commercial litigation.  Prior to joining CMM, Vozza ran his own practice for a decade, and also served as a Special Prosecutor for the Incorporated Village of Hempstead and a hearing officer for the MTA.  Vozza is a graduate of the University of Massachusetts - Amherst and Brooklyn Law School.
Gruber, Of Counsel to the firm, brings over 25 years of in-house and law firm experience in the areas of corporate and securities law, serving businesses at all stages of development. Her practice includes business formation, negotiating and drafting complex commercial agreements, licensing, mergers and acquisitions, private placement, and related matters pertaining to corporate governance, succession planning, compensation, and SEC compliance.  Gruber is also trained and certified in commercial mediation and has served as a neutral on several panels.  She has practiced corporate law at her own firm and at large New York City and Long Island firms, as well as serving as Corporate Counsel for a technology company.  Gruber is a graduate of Stony Brook University and Fordham University School of Law.
American Ex-POWs Honored
CMM proudly supported the American Red Cross on Long Island at its Red and White Dinner Dance on June 9.  Joe Campolo was incredibly honored to present a special recognition to the members of the American Ex-Prisoners of War - Long Island Chapter.  These brave servicemen fought during World War II and were held captive in Europe until 1944 and 1945.  Several of the honorees credit food rations they received from the Red Cross as vital to their survival.  Campolo, a Red Cross board member, served honorably in the U.S. Marine Corps prior to starting the firm.
Alessi Named Executive Director of NYS Business Incubator
Marc Alessi, chair of the Startups and Economic Development practice groups at CMM, has been selected to lead the Business Incubator Association of New York State, Inc. (BIA/NYS).  A nonprofit trade association, BIA/NYS is the state's largest organization dedicated to strengthening and expanding the facilities and programs that foster the growth and development of startup and incubator-based enterprises throughout New York.  As Executive Director, Alessi is charged with furthering the association's mission to promote networking, knowledge-sharing, and advocacy among organizations operating business incubators throughout the state.
Malafi Named to Girl Scouts of Suffolk County Board of Directors
Christine Malafi has been sworn in as a member of the Board of Directors of Girl Scouts of Suffolk County.  The preeminent leadership development organization for girls, GSSC serves more than 40,000 girls between the ages of 5 and 17.  As a board member, Malafi will work to further the organization's mission to build girls of courage, confidence, and character.