September 2014
Table of Contents
Campolo, Middleton & McCormick, LLP is a full-service business law firm that represents clients in a wide variety of legal matters including corporate, healthcare, intellectual property and technology, labor and employment, liability insurance & insurance coverage, litigation and appeals, matrimonial, mergers and acquisitions, municipal liability and government relations, private equity, real estate development, white collar defense and wills, trusts and estates.

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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New Pregnancy Guidelines Issued by EEOC
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued its written Enforcement Guidance on Pregnancy Discrimination and related issues. The Guidance, provided in the context of the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), supersedes the EEOC's prior writings from 1983 and 1991, and applies to all employers with more than fifteen employees. 
During the last 16 years, pregnancy discrimination charges filed with the EEOC have substantially increased-3,900 such charges were filed in 1997 and 5,342 such charges were filed in 2013. Discrimination is usually based on unfounded beliefs that pregnant women are not physically capable of working or that working may harm a fetus. The EEOC has clearly stated that employees cannot be discriminated against because they are, may be, intend to be, or were pregnant. Promotions cannot be denied to an employee because she may become pregnant in the future. Pregnant employees cannot be excluded from performing job duties (i.e., handling certain chemicals) out of an employer's fear that the fetus may be harmed. Further, the same parental leave policies must be available to both male and female employees.  
Follow Up on Push for Federal Trade Secret Legislation
Earlier this year, a new bill was introduced in Congress seeking to add a federal civil cause of action for trade secret theft. With the most recent bill introduced by a bi-partisan coalition in the House, there appears to be momentum for the passage of federal trade secrets legislation this fall.

The proposed new legislation would permit a trade secret owner to bring a civil action in federal court for the theft or misappropriation of a trade secret. Currently, the Economic Espionage Act only authorizes federal actions by the Attorney General, not private parties, and plaintiffs are left to bring trade secret claims in state court.
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Due Process Upheld for Physicians Targeted for Termination from Medicare Advantage Plans

Physicians who receive termination notices from insurers should learn about their rights from a recent case brought by the Fairfield County Medical Association. On February 7, 2014, the Second Circuit Court of Appeals upheld the District Court's injunction enjoining United Healthcare ("United") from: 1) terminating affected physicians in its Medicare Advantage program; 2) notifying customers that the affected physicians would be terminated from the network; and 3) compelling United to reinstate, advertise, and market the affected physicians in its 2014 Medicare Advantage Network directories. 

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Enforceability of Unexecuted Settlement Agreements 
Often settlement agreements are enforced only after the execution of the agreement by the parties, which typically results after extensive negotiations over the course of numerous drafts of an agreement. However, there are instances in which a settlement agreement is enforceable even before it is fully executed by the parties. One example is when the parties agree in open court to a settlement. A second example is when the parties reach a preliminary agreement as to the settlement terms and demonstrate an intent to be bound by those terms.
Broadcast Networks Prevail in Aereo Suit

My January blog post reported that the Supreme Court had recently agreed to hear the case American Broadcasting Co. v. Aereo, focusing on the dispute between television broadcasters and Aereo, a start-up that distributed broadcast signals through a network of small antennas in a "cloud." Subscribers, who paid between $8 and $12 per month, could use the service to record shows and watch live and recorded programming from their mobile devices. 

When the Supreme Court heard the case in April 2014, the networks argued that Aereo (and the other start-ups that were sure to follow) threatened retransmission fees - a vital source of revenue paid to networks and their local stations by cable and satellite subscribers for access to their signals and the right to retransmit their programming.  
Supreme Court Rules That Inherited IRAs Are Not Protected in Bankruptcy
If you follow my blog, you know that I'm not much on spouting case law. But every so often a case comes along in the estate planning arena that's worthy of passing along.

In a unanimous decision on June 12, 2014, the Supreme Court of the United States, in Clark v. Rameker (June 12, 2014, No. 13 299) 2014 US Lexis 4166, affirmed a Seventh Circuit decision and ruled that inherited IRAs are not retirement funds within the meaning of the Bankruptcy Code. For those legal geeks out there, the specific part of the Code is 11 USC �� 522(b)(3)(C) and (d)(12). 

CMM Opening East End Office
Campolo, Middleton & McCormick, LLP is proud to announce the opening of a new office in Bridgehampton, New York.
The new location enables the firm to further expand its client base into the east end of Long Island and provide easier access to its already existing clients in the Hamptons, and surrounding areas.

Opening in October, Campolo, Middleton's new office will be headed by Kelly Canavan, who has joined the firm as Counsel. We are pleased to announce that Kelly will also be heading up our Real Estate Department. Her focus is on both residential and commercial real estate, primarily on the east end of Long Island.

The full range of Campolo, Middleton & McCormick's services will be available to its clients in the Bridgehampton office. 

Malafi Spotlighted in LIBN Who's Who in Professional Women
Christine Malafi was featured in the LIBN Who's Who in Professional Women. The special section features some of Long Island's professional women from myriad of industries. Malafi discusses the importance of embracing new and innovative business practices and investing quality time in developing client relationships.
Long Island Attorney Juggles Law & Filmmaking

Joe Campolo, managing partner at Campolo, Middleton & McCormick in Ronkonkoma, attended last year's Stony Brook Film Festival "just to watch movies," he said, but was especially impressed by a short film starring Michael Nathanson and directed by John Salcido. After meeting them and learning about their next script, Campolo decided to executive produce it in partnership with a client, Joe Zepf, with whom he formed the production company Campolo Zepf Productions.

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CMM Sponsoring the HIA-LI Business Achievement Gala Awards Luncheon

On Tuesday, September 16th, the HIA-LI will be hosting their 20th annual Business Achievement Awards Luncheon at Crest Hollow Country Club in Woodbury. As sponsors of this event, we would like to congratulation all the 2014 finalists.  
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UCP Luncheon & Fashion Show

On Wednesday, September 17th, United Cerebral Palsy Association of Suffolk (UCP of Suffolk) will be hosting their annual luncheon and fashion show at Oheka Castle in Huntington. The annual fundraiser features men and women's fashion modeled by local volunteers, an awards ceremony, and UCP of Suffolk volunteer recognition. 


CAPS Golf Outing & 5K Run
CAPS Logo2

Child Abuse Prevention Services (CAPS) is Long Island's leading nonprofit dedicated to preventing bullying, child abuse and neglect among school-age children. They are hosting 2 upcoming events that will benefit the organization.


On September 29 is the 16th Annual CAPS Golf Outing, at the Mill River Club in Upper Brookville, Long Island. 


On October 5 is the 2nd Annual CAPS Stand up, Don't Stand By 5K Cross-Country Run, 5K Walk on the Boardwalk and Kiddie Fun Run at Sunken Meadow Park, Kings Park. 


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CMM Executive Breakfast: M&A Advance Planning from an HR Perspective

Join us on October 7 for our Executive Breakfast event as we discuss the steps to prepare for an M&A transaction from an HR perspective. Learn how to motivate and compensate management teams in the context of a potential sale, how to prepare for a due diligence event, as well as integration after closing a deal. Contact for more details.  

Join us every Friday at 10:30 am for our Long Island Legal web show on  
Recent Shows
August 1st - Joe Campolo with special guest Anthony Manetta 
Founder and President of Standard Advisors Group.
August 8th - Joe Campolo with special guest Dave Calone 
CEO and Managing Director of Jove Equity Partners. 
August 15th - Patrick McCormick with special guest Alane Fagin, Executive Director of Child Abuse Prevention Services (CAPS).
August 22nd- Joe Campolo with William McDonald, head of the CMM Healthcare & White Collar Defense practice groups discussed the Affordable Care Act. 

August 29th - Patrick McCormick with special guest Richard Dormer, Former Suffolk County Police Commissioner.
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September 4th - Patrick McCormick with special guest John Lemanski, Director of Litigation Support Service at Cerini & Associates.
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September 9th - Joe Campolo with special guest Alexander Badalamenti, Principal of Baldassano Architecture.
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Campolo, Middleton & McCormick, LLP
4175 Veterans Memorial Highway, Suite 400, Ronkonkoma, New York 11779
Phone: (631) 738-9100
Fax: (631) 738-0659


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