May 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.
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CMM Welcomes the Law Office of Frederick Eisenbud
Fred Eisenbud & Lilia Factor Join the CMM Team

CMM is pleased to announce that Frederick Eisenbud has joined the firm Of Counsel and is bringing his Commack-based environmental law firm practice to CMM's team. Effective May 2015, The Law Office of Frederick Eisenbud has joined Campolo, Middleton & McCormick, LLP, increasing our capacity to serve a broad range of client needs.


As the founder of the Law Office of Frederick Eisenbud, THE Environmental Law FirmSM, Fred will head up CMM's new environmental practice group, focusing on environmental law and litigation concerns of individuals, companies, municipalities, and community groups. 

Learn More.

Additionally, CMM welcomes Lilia Factor, who joins the firm as Counsel, focusing on civil litigation, appellate work, environmental administrative proceedings, and land use. Lilia, who is fluent in Russian and Hebrew, has worked with Fred for the past eleven years. Learn More.



United States Supreme Court Rules on the Accommodation of Pregnant Workers

By Christine Malafi, Esq.

Last year, I wrote about the then-new pregnancy guidelines issued by the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), which apply to all employers with more than fifteen employees. While a "normal" pregnancy does not constitute a disability under the ADA, it is a serious health condition under the Family Medical Leave Act (FMLA), entitling a pregnant employee to FMLA leave. The EEOC's 2014 Guidelines addressed the "middle" ground, where a pregnant employee is not "disabled" and does not seek leave, but requests light duty instead. The EEOC requires that employers reasonably accommodate a pregnant employee with light duty or modified assignments. 

Read More.
Queens Court Upholds No-Fault Payment Eligibility for Chiropractic Practice Despite Illegal Fee-Splitting

In H&H Chiropractic Services, P.C. a/a/o Jesus Jimenez v. Metropolitan Property and Casualty Insurance Company, a Queens County Civil Court has chipped away at the Malella armor with which insurers have protected themselves since the State Farm Mut. Auto Ins. Co. v. Mallela ruling.  Specifically, using Malella, insurers have convinced courts time and again to disallow payments to medical providers or chiropractors who violate Mallela's prohibition against fraudulent incorporation.  Under Mallela, the New York Court of Appeals held that professional practices may not bill no-fault insurance carriers for services if the professional entity has been "fraudulently incorporated."  Traditionally, "fraudulent incorporation" has been held to include instances where non-professionals exercised ownership or control over the professional entity, thus rendering the professional license holder who owns the entity as a mere paper owner without actual control. 


Legal Fees or No Legal Fees - Court Determines Reasonableness

 By Jeffrey Basso, Esq.

Generally speaking, the two ways a party can recover attorneys' fees if it is successful in litigation are: (1) by statute based on the claims asserted; or (2) by contract if the parties include a provision entitling the successful party to recover attorneys' fees.  While parties often believe this entitles them to a dollar for dollar reimbursement for attorneys' fees, Courts will award only "reasonable" attorneys' fees.  Courts are often looked upon to analyze the reasonableness of attorneys' fees.  A recent decision from the Commercial Division in Kings County provided a thorough analysis of the factors Courts look at in determining the reasonableness of attorneys' fees. 

Suffolk County's Model Commercial Solar Code Should Be Adopted Quickly by Suffolk's Towns
On May 6, 2015, the Suffolk County Planning Commission ("Planning Commission") approved a Model Commercial Solar Code ("Model Code"), which will go into effect in each town, only if adopted by each..  The Model Code is the product of a Utility Solar Model Code Working Group of the Planning Commission ("Working Group"). Participants included representatives from Suffolk County, the Towns of Brookhaven and Riverhead, PSEG-LI, solar installers, and community and environmental groups, among others.  The complete text is available on the website of the Suffolk County Planning Commission.
Read More.

How to Negotiate Nicely

By Joe Campolo, Esq.

A successful negotiation in today's business climate is more than walking away with the best possible outcome, it's about maintaining and building valuable relationships that not only result in mutually beneficial agreements but, more importantly, lead to future deals.

Carolyn O'Hara offers her advice, in her article, "How to Negotiation Nicely Without Being a Pushover" published last month in The Harvard Business Review.

We all want it both ways: to get what we want from a tough negotiation and to walk away with our relationship intact. The good news is that kind of outcome is possible. But how exactly do you drive a hard bargain while also employing soft skills? How do you advocate for what you want without burning important bridges?
Read More.


Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

By Lauren Kanter-Lawrence, Esq.

If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015.


The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a patent in 1990.  Kimble brought a patent infringement suit against Marvel Enterprises Inc. several years later when the company began distributing a similar toy.  After years of litigation, Marvel purchased the patent and agreed to pay royalties to Kimble.  The agreement did not include an expiration date for the payment of royalties.  The parties found themselves entangled in litigation once again a few years later when they disagreed over the payment of royalties to Kimble from a licensing agreement between Marvel and Hasbro Inc.

Read More.

Estate Planning for People with Vacation Homes
Now that spring is finally here, people start to make plans to spend time in their vacation home. Then they start to think, what happens to this home if I die? The first thing you need to do is check whose name is on the title. Is it just in your name, or is it you and your spouse or your siblings? When two spouses hold a title jointly, there are certain automatic survivorship rights.
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The Uniform Bar Exam Comes to New York for July 2016
Let me begin by saying that I am not a fan of the uniform bar exam ("UBE"). There was a time when the uniqueness of New York (and most other states for that matter) truly meant something. That, of course, included being a New York attorney.

Now we're moving to join 15 other states in the march toward the nationalization of the bar exam. When was the last time anything being nationalized worked out for the better? The founding of this country was premised upon the unique and differing qualities of the various states.
Read More.


CMM Executive Breakfast: "Are You In Control of Your Business? Or Is Your Business In Control of You?"

CMM will host its next Executive Breakfast Series on June 2, 2015, with Brian Turchin, President of Cape Horn Strategies. Designed for senior executives, this session will explore the real reasons that many companies end up losing momentum, become less profitable and add stress to the lives of owners and executives. Brian Turchin will walk you through his process for identifying growth obstacles, demonstrating real-world ways to improve systems and manage people. He'll show you how to implement simple but effective solutions that produce real, measurable results.

Seating is limited; please contact if you are interested in attending. 

CMM's Lilia Factor Moderating Environmental Panel

On Thursday, May 28, 2015, Lilia Factor, will be moderating a panel of speakers as they discuss, Pharmaceuticals in Our Waters, Proper Disposal Options for Healthcare Facilities and the Public. Come learn about what happens to our unused or expired pharmaceuticals, applicable regulations, disposal methods, and current drinking water standards. The program is sponsored by Environmental Committees of HIA-LI, the Nassau County, Suffolk County and Suffolk County Women's Bar Associations, and will take place at the Suffolk County Water Authority Education Center in Hauppauge, NY. 

Learn More.

CMM Sponsors the CAPS Golf Outing

On Monday, June 1, 2015, CAPS will host its 7th Annual CAPS Golf Outing to support their work to keep every child safe from harm and the Bully Prevention Center - the region's go-to resource where kids, parents, and educators can find the help and support they need to resolve bullying and cyber-bullying situations. As the President of the organization, Patrick McCormick, and all of us at CMM, welcome you to attend this event.
Read More.

CMM Supports United Way Luncheon

On June 3, 2015, the United Way will host its annual Live United Celebration Luncheon at the Crest Hollow Country Club. CMM is a proud supporter of the United Way of Long Island's efforts to strengthen our community. Learn more about this year's co-hosts and honorees.

CMM Sponsors the American Red Cross Dinner Dance

CMM is proud to sponsor the 2015 Red & White Dinner Dance on June 4th, 2015, which will feature cocktails, dinner, entertainment, and awards. This annual fundraiser makes it possible for the American Red Cross on Long Island to help our neighbors when they need it most. As one of the Board's newest members, Joe Campolo, and all of us at CMM, welcome you to join us for this event to support the lifesaving mission of the Red Cross.
Learn More.

CMM Sponsors the 15th Annual Oceans of Hope Gala

On Friday, June 19, 2015, The Riverhead Foundation for Marine Research and Preservation will be hosting its annual Oceans of Hope Gala at the Long Island Aquarium and Exhibition Center in Riverhead, NY. The event supports the organizations mission to preserve and protect our marine environment through education, rehabilitation, and research. CMM welcomes you to join us for this event to support the Foundation.

Learn More.

CMM'S Christine Malafi Presents at NYSBA CLE

On Friday, May 15, 2015, Christine Malafi presented at the New York State Bar Association's CLE Insurance Coverage Update 2015. The full day program, presented by seasoned insurance law practitioners, covered a number of complex issues in the insurance coverage area. Christine's presentation focused on "Declaratory Judgment Actions, Discovery & Trial." 

Read More.

Campolo, Middleton & McCormick, LLP

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Ronkonkoma, New York 11779

2495 Montauk Highway
Bridgehampton, New York 11932

Phone: (631) 738-9100
Fax: (631) 738-0659