November 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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Can an E-mail Exchange Create a Binding Contract?
Can an e-mail exchange create a binding contract?
The short answer is yes!
With the proliferation of electronic communications, it is not surprising that courts are increasingly called upon to address claims alleging the creation of a binding contract based upon an exchange of e-mails.
Read More.
The SEC Reminds Us: An Ounce of Prevention is Worth a Pound of Cure
On November 4, 2015, Andrew Ceresney, the head of the Security and Exchange Commission's ("SEC") enforcement division, delivered the keynote address to the National Society of Compliance Professionals' annual meeting.  The key takeaway from Mr. Ceresney's remarks is that is the compliance function-and specifically the role of the Chief Compliance Officer ("CCO")-is more important than ever in today's highly regulated economy, and companies that short-change or ignore this function do so at their own peril.  
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NYC's "Ban the Box" Legislation Now in Effect
Joining state and local jurisdictions across the country, New York City has enacted a "Ban the Box" law that limits employers' inquiries into the criminal background of job applicants and imposes stringent requirements on employers who intend to make hiring decisions based on such information.
The Fair Chance Act, effective as of October 27, 2015, prohibits employers who are based in NYC or otherwise have employees in NYC from asking candidates about their pending arrests or criminal convictions until after extending a conditional offer of employment.  Further, employers are restricted from publishing job postings that state or imply that a person with a criminal record is automatically ineligible for the position.  
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Pay Your Attorney Now: 
Supreme Court Considers Legality of Seizing Untainted Money
The headline is not just shameless attorney self-promotion, but in fact reflects sound advice to anyone or any company facing a government investigation.  More often than not, the U.S. Attorney's Office seizes a defendant's assets at the same time he is placed under arrest.  In these cases, the defendant not only finds himself under arrest facing charges, but also unable to use any of his own money to hire a defense attorney of his choice to fight the charges.
Court of Appeals Expands Environmental Standing to Challenge SEQRA Determinations
On November 19, 2015, in Sierra Cub v. Village of Painted Post, New York's highest court, the Court of Appeals, reversed a decision by the Appellate Division, Fourth Department, which had found that an individual petitioner lacked standing to challenge actions of the Village of Painted Post on State Environmental Quality Review Act ("SEQRA") grounds.  In so doing, the Court continued a trend towards loosening restrictions on people to gain relief from the courts based on claims of environmental harm.  The question of standing when it comes to SEQRA challenges asks whether the petitioner has a sufficient interest in the environmental issues to be permitted to ask the court for help. 
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Takedown Notices under the DMCA
A "Takedown Notice" under the Digital Millennium Copyright Act ("DMCA") exempts certain online service providers ("OSPs") from liability for copyright infringing acts by its users, provided they meet certain conditions.

The definition of an OSP for purposes of the DMCA is quite broad: "a provider of online services or network access, or the operator of facilities therefor." 17 USC §512(k)(1)(B).  This would include most sites that offer user-generated content such as web hosting companies, blogging platforms, discussion forums, and so on.  
Healthcare Providers with Health Republic Patients Must Act Now to Protect Ability to Receive Payment
Healthcare providers must proactively pursue timely payments under New York's Prompt Pay Law and conduct credentialing verification to protect their income in the wake of the Health Republic insurance company closing. 

In October 2015, the New York State Department of Financial Services (DFS) announced that Health Republic would halt coverage at the end of November 2015 due to its risk of insolvency.  This announcement started a scramble among healthcare providers.  The state Healthcare Association, an industry group representing hospitals, estimates that hospitals alone are owed at least $160 million from Health Republic.
CMM Partners Advocate for 
Clients in  High-Level Appeals
CMM's appellate practice has had a busy autumn, with partners Joe Campolo and Pat McCormick both arguing complex appeals before high-level appellate courts.
Managing partner Joe Campolo appeared before the United States Court of Appeals for the Second Circuit in Manhattan on October 2 on behalf of our client, a residential retreat on Long Island's East End for individuals recovering from drug and alcohol addiction.  The federal appeal challenged the lower court's dismissal of our client's discrimination lawsuit against a municipality and addressed issues regarding the Fair Housing and Americans with Disabilities Acts. 
Pat McCormick argued his third appeal before the New York State Court of Appeals on November 18.  The case involved complicated issues surrounding the Federal Arbitration Act, transfer of corporate ownership, and the meaning of interstate commerce within the statute.  Located in Albany, the Court of Appeals is New York State's highest court.

CMM Executive Breakfast - December 2, 2015
As 2015 draws to a close, join us on December 2, 2015, to learn year-end tax tips and strategies that will help you minimize any tax season surprises and start your business off on the right foot for 2016. Robert Quarté of Albrecht, Viggiano, Zureck & Company, P.C. (AVZ) will share strategies on individual, business, and retirement planning, the Affordable Care Act, filing deadlines changes, FBAR's and college savings plans.  With the new year upon us, now is the perfect time to get your business in order and plan for a successful new year.
The breakfast is complimentary, but registration is required. Please RSVP to [email protected].
CMM is on the Ballot Again for the Best of Long Island!
Voting has begun for the 2016 Best of Long Island Awards and CMM and Joe Campolo are on the ballot again. We're in the running for BOLI's Best Law Firm and Best Lawyer on Long Island. We appreciate all your help in helping us win in 2015. Please take a moment to vote again to  help us keep our title. 
Leadership in Law Awards
CMM takes great pride in announcing that three of our attorneys are recipients of the 2015 "Leadership in Law" Awards. Patrick McCormick, William McDonald and Jeffrey Basso, were honored at a gala dinner on Thursday, November 19, hosted by Long Island Business News at Crest Hollow Country Club in Woodbury.  The awards recognize individuals whose dedication to excellence and leadership, both in the legal profession and in the community, has had a positive and lasting impact on Long Island. 

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