September 2016
Table of Contents
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.
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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Exclusive Negotiation Periods: Friend or Foe?
During an exclusive negotiation period (also referred to as a "lockout term" or even a "no-talk period"), parties agree not to enter into negotiations with any third parties with respect to the subject at hand.  For example, companies exploring an acquisition commonly insist upon such agreements so they can do their due diligence and decide whether to move forward with the deal without having to worry about another suitor swooping in and poaching the target.  So are exclusivity periods a good thing?  As with many things in business and law, it depends. 
Legislative Update: A Long-Awaited Solution to a Mortgage Foreclosure Problem?
This past June, Governor Cuomo signed legislation that imposes pre-foreclosure duties on banks and servicing companies. After it goes into effect this December, it is anticipated that a problem that has plagued local municipalities for years with respect to abandoned residential properties will begin to subside.
How to Avoid a "Paper" Anti-Corruption Compliance Program
In December 2008, Siemens AG, Europe's largest engineering and electronics conglomerate, settled Foreign Corrupt Practices Act ("FCPA") charges with the DOJ and SEC for a record-setting $800 million.  Aside from the scope of the violations and the size of the penalties, the Siemens case was noteworthy because it so clearly criticized the deficiencies in the company's compliance program.  The DOJ charging papers stated that Siemens merely adopted a "paper program" largely limited to distributing anti-corruption policies without establishing a culture of compliance reinforced by adequate training and controls.
When is Dementia Not Dementia? 
Over the years I have seen many articles on how to spot signs of dementia in the elderly.  I've probably even written a few of those articles.  As an attorney with a focus on elder law and estate planning, the topic of dementia comes up often in my practice.
These articles discuss the obvious signs, such as forgetting things.  Not remembering where you put your car keys is one thing.  Not remembering what those keys are used for is something else.  Not remembering what you had for breakfast yesterday is ok.  Not remembering if you had breakfast is probably not ok.
CMM Successfully Moves for 
Pre-Judgment Attachment in 
Personal Injury Case

In what is believed to be a first in New York State, CMM (led by Scott Middleton) prevailed on a motion for pre-judgment attachment in a personal injury and wrongful death case.  The order of attachment provides security to our client, who faces the frightening possibility that her damages would exceed the defendant's insurance coverage.
CMM represents the surviving family members of a man who passed away following a tragic car accident.  The defendant's vehicle was covered by a $25,000/$50,000 policy, well below the anticipated total damages.  This grim possibility, coupled with evidence from the concurrent criminal case that the defendant had intended to escape by boat to a country without an extradition treaty with the U.S., prompted the CMM team to seek an order of attachment.  Such an order removes property owned by a defendant from his control so that it may be preserved to satisfy a judgment in the event the plaintiff prevails.
Courts characterize attachment as a "harsh" remedy within the court's discretion.  Here, the court found that CMM successfully demonstrated that a viable cause of action exists as a result of defendant's negligence and that it was probable that the plaintiff would succeed on the merits of the case.  Agreeing that there was also a strong likelihood that damages would exceed the minimal coverage available, the court found "ample" support for granting the order of attachment. 
While pre-judgment attachment is not unusual in commercial matters, we are unaware of any other personal injury actions in which a party successfully moved for such an order.
CMM Welcomes Donald J. Rassiger As Counsel
CMM is pleased to announce that Donald J. Rassiger, an experienced corporate attorney with significant in-house experience, has joined the firm as Counsel.  Having served as Chief Legal Officer of four companies and created the General Counsel role at three of them, Don brings the management perspective to all matters he handles.