March 2016
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.
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To Protect Employees, New York State Mandates Carbon Monoxide Detectors in Commercial Buildings
A carbon monoxide detector could have prevented the tragic death in February 2014 of Steven Nelson, an employee at Legal Seafoods at the Walt Whitman Shops in Huntington Station, who fell victim to poisonous fumes from a malfunctioning water heater pipe at the restaurant.  The tragedy prompted a recent amendment to the New York State Executive Law to require the Uniform Fire Prevention and Building Code to address carbon monoxide detection in commercial buildings. The Uniform Code now requires the installation of carbon monoxide detectors in all restaurant and commercial properties in the state. 
Does the Term "Work-for-Hire" Really Mean Anything in Software Development Contracts?
The term "work-for-hire" is found in many software development contracts, but it is one of most misused phrases.  Typically, companies needing certain software developed will enter into a written contract with an independent contractor and insert the magical phrase "work-for-hire," thinking it will automatically assign ownership of the intellectual property to the company.  However, works created by independent contractors can constitute a "work-for-hire" only in very limited instances.      
Managing Expectations at the Negotiating Table
Managing expectations is critical to forming and keeping rewarding relationships with clients, colleagues, employees, and virtually anyone else you come across in business.  It's therefore not surprising that it's just as important to manage expectations when you're at the negotiating table.  

Research has shown that parties to a negotiation can have vastly different feelings about the exact same result achieved in negotiation, based in part on their expectations going in.  
Physicians' Duty to Third Parties Expanded
By Scott D. Middleton, Esq.
New York's Court of Appeals recently decided a case extending a doctor's duty beyond that of his or her patient.  Doctors, under certain circumstances, may now be responsible for injuries caused by their patients to third parties. 

In Davis v. South Nassau Communities Hospital, 2015 NY Slip Op. 09229, the plaintiff commenced an action for injuries caused by Lorraine Walsh.  Walsh's vehicle crossed the center line of the roadway, striking the bus the plaintiff was driving.  The defendants in the case included the hospital and medical professionals from Island Medical Physicians, P.C. 
I Need An Estate Plan - Part Three
"Hi, I need to get a Power of Attorney for my dad."  You would be surprised how many times I get that call.  A daughter or son calls and wants me to prepare a "simple" power of attorney for their parent.  But before anything else, I try to find out why the parent isn't calling.  Many times it is just that Mom or Dad asked their child to handle things.

But, there are times when the child tells me that Dad can't handle his finances anymore.  Maybe the parent has advanced dementia.  I have no idea.  I try to explain that you don't "get" a Power of Attorney; the person must "give" it to you.

CMM Represents Hedgehog Development in its Acquisition of Loewy Design

Campolo, Middleton & McCormick advised Hedgehog Development, LLC, a leading global provider of digital solutions, on its acquisition of Loewy Design, Inc., a full-service strategy and design agency.  The deal, completed in February, created a combined team that increases value to clients by offering strategic web solutions, custom applications, systems integration, and digital marketing campaigns.  The CMM team included Joe Campolo, David Hoeppner, and Vincent Costa.  Headquartered in Holbrook, New York, Hedgehog also has offices in Oregon, North Carolina, and Bulgaria.  Learn more at
Trademark Refusal Reversed

The U.S. Patent & Trademark Office initially refused our client's trademark application for STATUS SPORTS for clothing, citing the active registration of the mark STATUS for the same goods.  After failed negotiations for a co-existence agreement with the owner of the STATUS mark, CMM attorney Eryn Truong submitted a response to the refusal, arguing that no likelihood of confusion exists between the marks.  Eryn's persistence paid off: a Notice of Allowance was issued, paving the way for ultimate registration of the mark. 

Malafi Named a Top Woman in Law
CMM partner and Corporate department chair Christine Malafi, Esq., is among the recipients of the 2016 Top Women in Law Awards.  Hon. A. Gail Prudenti and Hofstra University School of Law will celebrate the honorees at an awards luncheon on Tuesday, April 5 at 12:00 p.m. at the Hofstra University Club.  Nassau County District Attorney Madeline Singas will deliver the keynote address at the event, which will benefit Hofstra's Center for Children, Families and the Law.  
Panel Shares Critical Labor & Employment Updates
Campolo, Middleton & McCormick, LLP and Markowitz, Fenelon & Bank, LLP hosted a well-attended and informative East End Executive Breakfast on February 10 at the Sea Star Ballroom in Riverhead.  Business owners, in-house counsel, and human resources executives heard from a panel of labor and employment professionals on key issues and updates on a range of topics including overtime exemptions, individual liability for wages, differences between federal and New York Labor Law, and independent contractor issues.  Moderated by Joe Campolo, the panel featured Long Island District Director of the U.S. Department of Labor Irv Miljoner, Markowitz Fenelon & Bank partner Joseph Mammina, and CMM labor and employment attorney Arthur Yermash.
Joe Campolo Named UCP of Suffolk 
United Cerebral Palsy (UCP) of Suffolk has named CMM Managing Partner Joe Campolo the honoree of their annual golf classic, which will be held on Monday, May 9, 2016 at Glen Head Country Club.  Proceeds from the golf classic directly benefit the almost 3,500 children and adults with disabilities served annually by UCP of Suffolk.
Campolo Discusses Business Planning in LIBN Feature
The Long Island Business News sought insight from Joe Campolo for "Have Plan, Will Practice," a recent article focusing on the changing legal market and the importance of creating and sticking to a business plan.  Recalling the business plan he wrote on loose-leaf paper before starting the firm, Joe cautions that "running a practice without a plan is throwing a dart with a blindfold on."  Read the entire article here:
CMM Helps Local Artists JumpstART Their Careers
In furtherance of its support of the arts across Long Island, Campolo, Middleton & McCormick is proud to sponsor the East End Arts JumpstART program.  An innovative professional development and public arts program for artists of all disciplines, JumpstART selects a limited number of local artists to participate in a series of intensive workshops focusing on the fundamentals of starting a career in the arts.  The program, now in its third year, will culminate in the design and implementation of a public art project in downtown Riverhead this summer.  For more information or to support East End Arts, please visit:

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