Legal Brief   FIRM NEWSLETTER
October 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 - We've Been Nominated!
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!
LABOR & EMPLOYMENT
New York Attorney General Pushes Back on Non-Compete Agreements
It's a business owner's worst nightmare: an employee leaves to work for a competitor, and tucked into the boxes in which he's packing his diplomas and photos are your customer lists and confidential information.
COMMERCIAL LITIGATION
Threatening to Withhold Commissions Can Render Non-Compete Agreement Unenforceable
Courts are often called upon to interpret the enforceability of restrictive covenants-such as non-compete, non-solicitation, and non-disclosure clauses-contained in employment agreements.  The vast majority of the case law dealing with the enforceability of these clauses often focuses on whether the restrictions are reasonably limited in time and scope, whether they are necessary to protect the employer's legitimate business interests, and whether they unfairly restrict the employee from obtaining future employment in his or her chosen occupation.
INTERNATIONAL REGULATION, ENFORCEMENT & COMPLIANCE
When a Charitable Donation is a Bribe
On September 20, 2016, Nu Skin Enterprises, Inc., a Utah-based skincare products manufacturer, agreed to pay $765,688 to settle SEC charges that the company violated the Foreign Corrupt Practices Act ("FCPA").  In short, the FCPA prohibits U.S. companies from bribing foreign officials to secure an improper business advantage.
TRUSTS & ESTATES,
TAX & ELDER LAW
Changing a Beneficiary After Death
Whether we're talking about named beneficiaries on a brokerage account or beneficiaries in a Will, there is a way to change them - even after death.
FIRM NEWS & EVENTS
Women Leading Long Island's East End
Please join us on Thursday, November 10 for breakfast and a panel discussion focusing on the success stories of prominent women who continue to make their mark on Long Island and specifically, the East End.  Kelly Canavan, chair of the Real Estate department at CMM, will moderate a panel of dynamic women who will share their personal experiences and insights about their rise to the top in their careers. Panelists include Andrea Harum Schiavoni, Maria Baum, Stephanie Bitis, Bridget Fleming, and Neela Mukherjee Lockel.
Entrepreneurs Edge at Stony Brook
Please join us for Entrepreneurs Edge, a special event presented by Protegrity Advisors, LLC, at Stony Brook University on Thursday evening, November 3.  The Entrepreneurs Edge is an annual interview with highly successful entrepreneurs from Long Island, New York City, and around the country. Guests are asked tough but respectful questions about their real-life business experiences including their successes, challenges, and inevitable failures along the way. The event provides a unique behind-the-scenes look at what it's like to build a successful business.  Joe Campolo will interview father and son business leaders Stanley Bergman, CEO of Henry Schein, and Eddie Bergman, President of IDS.
Malafi Named Butterfly Award Winner
Girls Inc. of Long Island will honor CMM partner Christine Malafi with a Butterfly Award at the fifth annual awards gala on November 3 at a gala dinner at Crest Hollow Country Club in Woodbury.  Malafi was selected for her work on behalf of children and families on Long Island, as well as her dedication to helping girls fulfill their potential.
Campolo to Address Business Development at HIA-LI Town Hall
We hope to see you on Thursday, November 3 for a Town Hall meeting of HIA-LI devoted to the topic of business development.  Joe Campolo will answer questions from the audience about building relationships.  The meeting will take place at 8:00 a.m. at SimPlay in Hauppauge.  
McCormick Expands CLE Offerings in Suffolk County
As an officer of the Suffolk Academy of Law and its Associate Dean for East End CLE, CMM partner Patrick McCormick has brought many new CLE offerings to the fall schedule. McCormick is coordinating an Evidence Update featuring Professor Vincent C. Alexander of St. John's Law School on November 7 from 6-9 p.m. at the Suffolk County Bar Association in Hauppauge.  McCormick is also the coordinator for the Ethics: Night at the Movies CLE on November 21 from 6-9 p.m. at Bridgehampton National Bank - community room, 2200 Montauk Highway, Bridgehampton. 
HIA-LI Business Achievement Awards Panel
On Wednesday, November 9, Joe Campolo will moderate HIA-LI's Executive Breakfast, "Get in the Head of a CEO," at 8:00 a.m. at Flexible Business Systems, 380 Oser Avenue in Hauppauge.  The event features a panel of CEOs whose companies were honored with Business Achievement Awards from the HIA in 2016.  Panelists will discuss their success stories, defining moments in their careers, and trends in their industries, which range from construction to healthcare to solar power.  
Levy and Yermash Win Leadership in Law Awards
CMM is pleased to announce that Steve Levy and Arthur Yermash have been selected by the Long Island Business News to receive 2016 Leadership in Law Awards.  The awards recognize individuals whose leadership has had a positive impact on the legal profession and the Long Island community.  The honorees will be celebrated at a gala dinner on Thursday, November 17 at 6:30 p.m. at Crest Hollow Country Club in Woodbury.  
Malafi Shares Insights at December Presentations
CMM partner 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.
Malafi will also give a lecture 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.  Learn more about the Miller Center here.
Executive Breakfast Explores Winning
Our fall Executive Breakfast series kicked off with a look at former GE CEO Jack Welch's popular business bible, Winning.  Joe Campolo shared how Welch's honest and be-the-best style of management can be put into practice at businesses of all sizes.  The well-attended breakfast event drew business leaders from a variety of industries across Long Island.  A follow up session will take place next spring.  Thank you to our sponsor, AVZ.
Truong Quoted in LIBN Trade Secrets Article
Eryn Truong was interviewed for an article in LIBN about the impact of the Defend Trade Secrets Act in the intellectual property arena as well as how the law will affect Long Island business.  Read the full article here.
Schiavoni Named to Top 50 Women
CMM proudly announces that Andrea Harum Schiavoni was named one of the Top 50 Most Influential Women in Business by Long Island Business News.  Launched in 2000, the awards program recognizes Long Island's top women professionals for their business acumen, mentoring, and community involvement.  This year's inspiring honorees were celebrated on October 20 at a dinner and awards ceremony attended by over 600 corporate, government, and nonprofit leaders.
Levy Joins Evelyn Alexander Wildlife Rescue Center Board
Steve Levy has been appointed an honorary board member of Evelyn Alexander Wildlife Rescue Center, Inc., a not-for-profit corporation dedicated to the rehabilitation of wild animals impacted by encroachment of humans on their habitat.
Schiavoni Presents "Everything You Need to Know About Becoming a Judge"
On September 28, Andrea Harum Schiavoni, Of Counsel at CMM and Town Justice of Southampton, spoke on a panel at the Suffolk County Bar Association with other esteemed members of the judiciary addressing "Everything You Need to Know About Becoming a Judge."  Schiavoni spoke about making the ballot in City, County and Family Courts.

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