Legal Brief   FIRM NEWSLETTER
May 2016
Table of Contents
SUFFOLK COUNTY'S 
PREMIER LAW FIRM.
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.
DISCLAIMER:
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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MANAGEMENT PERSPECTIVES
Hiring Tips from the Trenches
As business owners, executives, and HR managers, we've all been there: a new employee who seemed so promising just doesn't work out.  The person may have the relevant work experience but doesn't seem to understand how to prioritize her responsibilities.  Or perhaps the person is an all-star at the job, but isn't getting along with other employees.   Maybe you can't even tell if the person would be good at the job because he spends the whole day texting in his office. 
 
I've done a lot of hiring over the years - what started as a firm of two lawyers less than 10 years ago has grown to 30 lawyers and over a dozen staff members.  During that time, I've tried many approaches to the hiring process.  Here, I share the best practices I follow when we add someone to our team, no matter what the position.
INTELLECTUAL PROPERTY
President Signs Bill Providing for a Federal Trade Secret Cause of Action
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 ("DTSA"), long-proposed legislation that establishes a federal trade secrets law.  Now companies seeking civil remedies for misappropriation of their trade secrets can bring their claim in federal court and obtain other remedies such as seizure orders and injunctive relief.    
 
Prior to the DTSA, plaintiffs had to resort to state courts to bring their trade secret claims, which often led to inconsistent results as states have their own interpretations of key issues including damages, what constitutes "reasonable measures" to secure secrecy, and even the statute of limitations.  The DTSA attempts to harmonize state laws by creating a single framework for trade secret misappropriation lawsuits.
LABOR & EMPLOYMENT
U.S. Department of Labor Announces Updates to Overtime Exemption Rule 
On May 18, 2016, the United States Department of Labor released final updates to the Fair Labor Standards Act (FLSA), extending overtime eligibility to over 4.2 million workers.  The key change is to double the salary threshold - from $23,660 to $47,476 per year ($455 to $913 per week) - under which most salaried employees are now guaranteed overtime pay.  Employers should immediately begin preparing to comply with the updates by the effective date of December 1, 2016.
ENVIRONMENTAL & LAND USE
What You Should Know About Pesticides on Your Lawn
Spring is here and with it, our thoughts turn to battling weeds.  To wage our battles, we often hire landscapers and, after signing the contract, put our trust in these people to ensure that our lawns stay lush green and dandelion-free.  However, what many homeowners do not realize is that the use and application of pesticides by commercial providers is highly regulated by the New York State Department of Environmental Conservation ("DEC").  Knowing some of the basic rules can help property owners understand their rights and make sure that the applications are made in a safe and compliant manner.
COMMERCIAL REAL ESTATE
June 27 Deadline for Carbon Monoxide Compliance
Commercial property owners, landlords, and tenants should be aware that compliance with New York State's new carbon monoxide detector law must be satisfied by June 27, 2016.  The law requires that all commercial buildings with a carbon monoxide source be equipped with carbon monoxide detection. [1]  Carbon monoxide sources include furnaces, boilers, heaters, stoves, and fireplaces that may emit carbon monoxide.  The requirements also apply to commercial buildings attached to a garage or other motor-vehicle related occupancy.
TRUSTS & ESTATES,
TAX & ELDER LAW
I Need an Estate Plan - Part Four
The first three parts of this series have been about the various advanced directives, i.e. Power of Attorney, Health Care Proxy, and Living Will.  These are all very important documents but they also become null and void upon your death.
 
That's where your Last Will and Testament (the "Will") comes in.  If you don't write and execute a Will, New York has a default Will set up for you.  For those technical people, it's mainly in the Estate Powers and Trusts Laws ("EPTL") 4-1.1.  If you don't like what the law says, you need to change it by properly drafting and executing a Will.
GREAT REPRESENTATIONS
CMM Files Petition with U.S. Supreme Court

Earlier this month, the firm filed a petition for a writ of certiorari with the nation's highest court on behalf of our client, Safe Harbor Retreat, a residence in East Hampton, New York for individuals in recovery from drug and alcohol addiction.  The question for which we have sought the Supreme Court's review is when the denial of an applicant's request for a reasonable accommodation under the Fair Housing Act becomes justiciable.  "While the chances of the Court granting certiorari in connection with any petition are notoriously slim, we have put forth very strong reasons for them to do so in this case," said Joe Campolo.   It is a rare and special opportunity for a firm to file such a petition.  In addition to Campolo, the CMM team included Patrick McCormick, Fred Eisenbud, Jack Harrington, and Lauren Kanter-Lawrence.
CMM Wins Dismissal of All Charges in Nassau County DWAI Case

Our Criminal Defense team won a major victory for our client in Nassau County, a jurisdiction known for aggressive DWI and DWAI prosecutions.  Department chair Bill McDonald , assisted by Meghan Dolan , won the dismissal of all charges against our client, who faced a Driving While Impaired by Drugs charge along with four counts of Criminal Possession of a Controlled Substance in the Seventh Degree.  A conviction carried a year in jail.  We demanded the scientific evidence necessary for the People to prove their case, but were met with delays.  Undeterred, our team answered ready for trial and refused to agree to any adjournments.  In response, the prosecution insisted that our client plead guilty to the top counts.  While many attorneys would have recommended the plea deal given Nassau's hardline reputation, our team fought back against these tactics, moving to dismiss based upon speedy trial violations.  The strategy paid off; our arguments persuaded the judge that the delays warranted dismissal of the case.  Our ability to take our defense to the next level will allow our client to continue his graduate studies without the weight of a criminal conviction.

EVENTS
McCormick to be Installed as a Director of the Suffolk County Bar Association
CMM partner Patrick McCormick will be installed as a Director of the Suffolk County Bar Association at the 108th Installation Dinner Dance on Friday, June 3 at the Cold Spring Country Club in Huntington. 
 
Patrick leads the firm's Litigation & Appeals group and also maintains a busy landlord-tenant practice.  He has been named to New York Super Lawyers - Metro Edition for several years running and is a recipient of the 2015 Leadership in Law Award in recognition of his leadership and positive impact on Long Island. 
 
The Suffolk County Bar Association has a long history of dedication to the Long Island community.  One of the largest voluntary bar associations in New York State, the SCBA represents the lawyers of Suffolk County and assists the community through charitable services, pro bono representation, scholarship programs, and legal education.  To register for the event, please call the SCBA at (631) 234-5511 or visit the   SCBA website.
Campolo, Middleton & McCormick to Receive Corporate Citizenship Award
The firm is honored to have been named a recipient of the 2016 LIBN Corporate Citizenship Award in the category of Corporate Social Responsibility.  The awards program recognizes companies and individuals who believe that practicing good corporate citizenship contributes to the economic and social well-being of employees, businesses, and the Long Island community.  CMM will receive the award at a celebratory breakfast on Tuesday, June 14 at 8:00 a.m. at Crest Hollow Country Club in Woodbury. 
 
Our team was recognized for being highly engaged in the community, serving in leadership roles for numerous nonprofits, and providing pro bono legal services and financial support to philanthropic organizations.  To join us at the breakfast, please visit the event website.
Campolo to Present Negotiation Strategies and Ethics CLE
Some people believe that effective negotiators are born, not made, but this presentation will prove them wrong.  Join Joe Campolo as he shares the alternative negotiation strategies he relies on as a law firm managing partner and business owner to solve problems and get deals done.  The CLE course will take place on Tuesday, June 28 at the Hofstra University Club, 225 Hofstra Boulevard in Hempstead, from 8:30 a.m. to 10:10 a.m. (registration from 8:00 a.m.).  The seminar has been approved for both newly admitted and experienced attorneys for 2 New York CLE credits (1.5 Skills, 0.5 Ethics).  To register, please email events@ultimateabstract.comLearn more.
Teeny Awards Honor the Best of East End High School Theater
Catch us on the red carpet at the Teeny Awards, a unique program that celebrates excellence in high school theater across Long Island's East End.  We're excited to support and present at the awards program, now in its 14th year.  Through the Teeny Awards, East End Arts strives to raise the bar on theater education by encouraging increased attendance and community pride at school productions.  Outstanding performers from 16 high schools will be honored at a gala ceremony on Sunday, June 5 at Shoreham-Wading River High School, 250 NY Route 25A at 1:30 p.m.  Learn more here.
CMM Walks for Sunrise Day Camp
A team of walkers from CMM will participate in SunriseWALKS on Sunday, June 5 at Sunrise Day Camp, 75 Colonial Springs Road in Wheatley Heights at 10 a.m.  Sunrise Day Camp brings the simple pleasures of childhood back to children struggling with cancer, turning months of isolation into summers of sunshine, laughter, and happiness.  To support our team, please contact Victoria Tringone at vtringone@cmmllp.com or visit the SunriseWALKS page .
Day at the Races to Benefit Ronald McDonald House of Long Island