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. 
CMM Executive Breakfast
WinningIncorporating Jack Welch's Management Lessons into Your Business
Please join us on October 26 for breakfast, networking, and a look at the management style of Jack Welch, whose get-it-done approach to leadership pivoted GE to tremendous worldwide success.  Joe Campolo will share lessons from Welch's popular business bible, Winning, and how Welch's honest and be-the-best style of management can be put to work at your organization.  Business owners, executives, and those who are serious about career success can all find a helpful new perspective in Welch's words.

The breakfast is complimentary, but registration is required. Please RSVP here.

Malafi Named Butterfly Award Winner
Girls Inc. of Long Island has announced that Christine Malafi will be honored with a Butterfly Award on November 3.  Now in its fifth year, the Butterfly Awards honor industry leaders who inspire girls to spread their wings.  Christine 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.  She is a longtime Girls Inc. volunteer and serves on the Board of the Girl Scouts of Suffolk County.  The mission of Girls Inc. is to inspire girls to be strong, smart, and bold.  Learn more about the awards gala here
Schiavoni Named to Top 50 Women
CMM proudly announces that Andrea Harum Schiavoni has been named one of the Top 50 Most Influential Women in Business, Class of 2016, 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 honorees will be celebrated at a gala dinner on October 20 at Crest Hollow Country Club in Woodbury.  Over 600 corporate, government, and nonprofit leaders will attend the gala, where New York Lieutenant Governor Kathy Hochul will deliver the keynote address.
Canavan Named to LIBN Who's Who in Women in Professional Services
CMM is pleased to announce that Kelly Canavan , chair of our Real Estate practice, has been named as one of Long Island's Who's Who in Women in Professional Services for 2016 by LIBN.
McCormick Named Associate Dean for East End CLE, Presents Fall Seminars
CMM partner Patrick McCormick, a member of the board of directors of the Suffolk County Bar Association and Associate Dean and Officer of SCBA's Academy of Law, has been named the Academy's Associate Dean for East End CLE.  In this role, Patrick will coordinate CLEs of interest to East End practitioners, requiring him to keep a finger on the pulse of the local business community.
Patrick recently presented at the SCBA's annual Landlord-Tenant Update, offering practical analysis and recent case law updates to this highly specific and technical area of law.  He is also coordinating a three-part series, "Not Your Mother's Evidence," focusing on modern-day evidence issues.  He will co-present at the October 20 session, " View from the Bench and Practical Application of the Rules of Evidence."
McDonald to Speak at HIA Health & Wellness Conference
Please join us at the HIA Health & Wellness Conference on Wednesday, October 5 at IBEW, 370 Motor Parkway, Hauppauge. Bill McDonald, chair of our Healthcare department, will speak on a panel from 8:00 - 10:00 a.m. with a focus on leveraging creative healthcare solutions in the ACA environment.
Learn more.
Eisenbud to Chair and Present at NYSBA Environmental Law Fall Meeting
Frederick EisenbudChair of the firm's Environmental & Land Use practice group, has been appointed Co-Chair of the New York State Bar Association Environmental Law Section's Fall Meeting, which will be held in Cooperstown from October 14 - 16.  He will present "Responding to the Environmental Criminal Search Warrant and Beyond."
Rassiger to Moderate HIA-LI Energy & Environmental Conference
Donald J. Rassiger will moderate the HIA-LI Energy & Environmental Conference on Friday, October 21 at IBEW, 370 Motor Parkway in Hauppauge.  The Executive Breakfast will feature keynote speakers from National Grid and PSEG Long Island who will share updates and initiatives impacting local business. 
CMM to Sponsor Riverhead Foundation's Oceans of Hope Gala
CMM is a proud sponsor of the Oceans of Hope Gala to benefit the Riverhead Foundation for Marine Research and Preservation on September 30 at the LI Aquarium & Exhibition Center.  Funds raised at the Mardi Gras themed cocktail party will further the Foundation's mission to preserve and protect the marine environment.  Ellen Bissett DeRiggi serves as Vice President of the Board of Directors.  Please visit their website for tickets or to make a donation.   
Yermash to Present at Stony Brook
Arthur Yermash will present "Hot Topics in Labor & Employment" at the Stony Brook Small Business Development Center on October 27.  Arthur will cover recent updates to overtime pay requirements, the difference between employees and independent contractors (and why it matters), hiring and termination concerns, and leave requirements.  Presentation begins at 8:30 a.m.
Levy & DeRiggi Join Imagine Awards Committee
Imagine Steve Levy and Ellen Bissett DeRiggi have both been named to the 2017 Imagine Awards Committee.  This popular awards program recognizes innovation and leadership in the nonprofit sector.  To learn more or apply, please visit their website.   

Schiavoni Appointed Board Member of Recreational Arts, Inc.
Andrea Harum Schiavoni has been appointed to the board of Recreational Arts, Inc., a nonprofit organization that provides affordable arts education for students.  She has also been named board representative of the Long Island Musical Theatre Festival, a pre-professional program performed at Walt Whitman High School and Adelphi University, and an affiliate of Recreational Arts.
Ronald McDonald House Comedy Night
Join us for a night of laughter at the Ronald McDonald House of Long Island annual Comedy Night fundraiser on October 26.  Doors open at 6:30 p.m. at the Governor's Comedy Club of Levittown for a c omedy show, food, drinks, raffles and silent auction.

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