Legal Brief   FIRM NEWSLETTER
November 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 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.
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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Best of Long Island - Voting Ends Soon!
We're happy to share that the Long Island community has once again nominated Campolo, Middleton & McCormick as the best law firm and Joe Campolo as the best lawyer on Long Island!  Voting is open until December 15.  Every vote counts!  Please vote here (one vote per IP address per day).  Thanks for your support!
NEGOTIATIONS
5 Negotiation Mistakes You May Not Know You're Making
Don't be your own worst enemy in a negotiation.  There are plenty of things to be mindful of at the negotiating table - wondering if you're sabotaging your own efforts shouldn't be one of them.  If you recognize yourself in any of the following negotiation behaviors, try taking a step back to reassess your approach.
INSURANCE UPDATE
Sorry for the Delay: The Importance of Giving Timely Notice to Your Insurer
When an insured seeks liability coverage under its general liability or commercial liability policy after it has been sued for personal injuries or death resulting from an accident, New York State Insurance Law ยง 3420(d) requires the insurance company to make its decision to disclaim liability or deny insurance benefits to the insured and provide "written notice as soon as is reasonably possible" to the insured and those persons making the claim.
INTERNATIONAL REGULATION, ENFORCEMENT & COMPLIANCE
The Internationalization of Anti-Corruption Investigations and Enforcement
In November 2016, France adopted new anti-corruption legislation permitting deferred prosecution agreements in bribery cases.  In July 2017, Mexico's new anti-corruption law will take effect.  The more-stringent law should prompt all companies operating in Mexico to re-evaluate their anti-corruption compliance programs.  And in February of this year, China released draft amendments of a new law governing commercial bribery that would, among other things, include vicarious liability for employers and liability for bribes paid through third parties.
TRUSTS & ESTATES,
TAX & ELDER LAW
Estate Planning and Estate Tax Forecast
Well, the election has come and gone.  What does that mean in terms of estate planning and estate tax? As a quick review, the current federal estate tax exemption is $5.45 million and is scheduled to increase to $5.49 million as of January 1, 2017.  Each year it goes up a bit as it's indexed by inflation.  This means that there is only federal estate tax for any transfer of wealth above the exemption.  
INTELLECTUAL PROPERTY
Important New DMCA Safe Harbor Requirements for Web Operators
If you or your company has a website or app that hosts material submitted by users or that provides links to materials to other websites, take note: the U.S. Copyright Office has a new electronic filing system for registering websites, apps and other online platforms for "safe harbor" protection from copyright infringement liability under the Digital Millennium Copyright Act ("DMCA").
GREAT  REPRESENTATIONS
CMM Prevails Before World 
Intellectual Property Organization

CMM's Intellectual Property team, led by Eryn Truong, scored a win for our client in a matter before the World Intellectual Property Organization (WIPO), a United Nations agency and the global forum for IP services.  CMM opposed a challenge to our client's use of a web address by the website's former owner. The WIPO panel found that we established that there was compelling evidence that the former owner had abandoned its trademark rights and that our client had not acted in bad faith in using the address.  This victory was great news for our client, for whom use of the web address was critical.
ATTORNEY SPOTLIGHT
Jack Harrington
COMMUNITY SPOTLIGHT
The firm is proud to support a variety of organizations in our community. Please join us at these holiday celebrations:  

Girl Scouts of Suffolk County - Holiday Light Show
East End Arts - Holiday Gift Boutique
LIBI - Holiday Party
Stony Brook University Staller Center for the Arts - The Nutcracker
FIRM NEWS & EVENTS
Campolo Joins National Board of Tourette Association of America
The firm is pleased to announce that Joe Campolo has been named to the national Board of Directors of the Tourette Association of America ("TAA"), the premier nationwide non-profit organization serving the Tourette Syndrome and Tic Disorder community.  Founded in 1972, TAA is dedicated to making life better for all individuals affected by Tourette and Tic Disorders.  TAA works to raise awareness, advance research and provide ongoing support.  
 
"On behalf of the Tourette Association of America, welcome to the team," John Miller, TAA President and CEO, said of Campolo's appointment.  "We are grateful to have you as one of the top leaders in the United States!"  Learn more.
Malafi Shares Insights at December Presentations
Christine Malafi will join an esteemed panel of women business leaders at the HIA-LI Sixth Annual Women's Leadership Breakfast, "Women Leading the Way: A Discussion with Women CEOs" on Friday, December 2 at 8 a.m. at the Hyatt Regency in Hauppauge.  Panelists will discuss life and work balance, finding your voice, and the importance of mentoring.  Register here. Christine will also speak to the business community about employee privacy issues on Tuesday, December 13 at 8:30 a.m. at the Miller Business Resource Center at the Middle Country Library in Centereach.  Register here.
Harrington Named to LIBN 40 Under 40
Jonathan "Jack" Harrington, Counsel at the firm and chair of our International Regulation, Enforcement & Compliance  practice group, has been selected by  Long Island Business News  to receive a  40 Under 40 Award for 2017.  The awards recognize outstanding individuals age 40 and below in the Long Island community who have distinguished themselves in business, government, education, or the nonprofit sector.  The honorees will be celebrated at a gala dinner on Thursday, January 19, 2017 at 6:00 p.m. at Crest Hollow Country Club in Woodbury.
Women Leading Long Island's East End
CMM hosted an inspirational panel of female leaders at our Women Leading Long Island's East End breakfast event on November 10.  Kelly Canavan , chair of our Real Estate department, moderated a panel of dynamic women who shared their personal experiences and insights about their rise to the top in their careers, and the sometimes roundabout ways they got there.  Panelists included Andrea Harum Schiavoni , Southampton Town Justice and Of Counsel at CMM; Maria Baum, CEO at Tracy Anderson Mind & Body ; Bridget Fleming, Suffolk County Legislator ; Neela Mukherjee Lockel, CEO at American Red Cross on Long Island ; and Stephanie Bitis, VP/GM, Long Island Radio Broadcasting
Schiavoni Wins Re-Election as Southampton Town Justice
Andrea Harum Schiavoni , who won re-election as Southampton Town Justice earlier this month, will share her experience as a mediator in "Representing Clients in Mediation" at St. John's Law School on December 2.  The event caps a busy month of speaking engagements for Schiavoni, who also presented at I-tri's Mother Daughter Retreat, the Council on Social Work Education (CSWE) annual meeting, and the Veterans' and Servicemembers' Rights Clinic at Touro Law School.
Eisenbud Addresses Professional Geologists
Fred Eisenbud , chair of our Environmental & Land Use department, presented "So You Want to be a Geologist?" to the Long Island Association of Professional Geologists (LIAPG) on November 17.  The presentation focused on new licensing requirements in New York State.
Yermash to Present "Nuts & Bolts of Forming a 501(c)(3)
Starting a nonprofit organization dedicated to a cause you care about is extremely rewarding - but how do you get there?  Join us for an informative presentation covering the nuts and bolts of forming a 501(c)(3) organization.  Arthur Yermash will share guidance, tips, and legal considerations to keep in mind as you plan to incorporate.  Topics include New York State filing requirements, registration to make charitable solicitations, bylaws and governance issues, and duties and responsibilities of board members.  The presentation will take place at Miller Business Resource Center  (Middle Country Public Library, 101 Eastwood Blvd. in Centereach) on January 24, 2017 at 9:00 a.m.

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