LegalBrief FIRM NEWSLETTER
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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.
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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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Enforcing a Personal Guaranty of a Commercial Lease
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For obvious reasons, commercial landlords routinely insist that a commercial tenant provide a personal guaranty of the payment and performance obligations of the tenant. It is not surprising that litigation often arises between the landlord and the guarantor upon the default by the tenant with a common defense being that the terms of the guaranty were not intended to cover the specific default at issue.
The general rule is that a personal guaranty is to be strictly construed and a "guarantor should not be bound beyond the express terms of his guarantee." As a result, to help ensure maximum security, it is common for landlords to require that a guaranty provide that it is applicable to any "renewal, change or extension of the Lease." Despite such broad language, there is much litigation over whether the particular guaranty is enforceable when leases are renewed, extended or changed.
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Affordable Care Act ("ACA") compliance remains a complicated process for most employers. Starting January 1, 2015, Applicable Large Employers ("ALEs") become subject to the Employer Shared Responsibility Provisions of the ACA, codified in Internal Revenue Code Section 4980H. ALEs must offer their full-time employees the opportunity to enroll in affordable health coverage providing minimum essential benefits under an eligible employer sponsored plan (as defined in 26 U.S.C. � 5000A(f)(2)) for any month.
Three may have been the magic number back on Schoolhouse Rock, but under the ACA, 50 is the magic number.
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Negotiation Skills: Confront Your Anxiety, Improve Your Results
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A new research study confirms what many of us have suspected: anxiety about a negotiation is likely to work against you.
Published previously in the Harvard Law School Program on Negotiation Daily Blog on November 10, 2014, is an article entitled "Negotiation Skills Confront Your Anxiety Improve Your Results." The full article can be read here.
Researchers Alison Wood Brooks and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania have taken a first look at whether anxiety affects negotiators' outcomes.
In three experiments, the researchers induced anxiety in some of their college student participants by having them listen to frenetic music (the theme from the movie Psycho) or watch an anxiety-producing film clip about rock climbers. Participants in a neutral condition listened to a piece of classical music or watched a video clip of ocean fish.
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IP Considerations for Startups
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Almost every business, whether a startup or an established company, has intellectual property ("IP"). IP is what provides your business with a competitive advantage. Examples include a business's name, logo, inventions customer lists, or website, all of which are valuable business assets that should be protected.
A successful startup should understand how to identify and protect its IP. Below are some pointers that every startup should consider.
Make sure you own the IP.
In the early stages of a startup, individuals typically collaborate informally to develop their ideas and there may be no formal agreements among the individuals. Without a formal agreement as to ownership of the IP, there may be a dispute as to ownership.
Read More.
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Court Sides with Former Employer in Misappropriation of Confidential Information Case
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Considering the potential harm that could strike a business when a key employee leaves to work for a competitor, employers are often quick to pursue litigation against employees when they believe the employee may have taken confidential and/or proprietary information with him/her and is now using (or could use) that information to the benefit of a direct competitor (and to the harm of the employer). Many times, an employer may assume or speculate that a former employee has taken confidential information and is using or will use it with a new employer. However, proving that the former employee stole confidential information and that the information was actually confidential in the first place is often difficult.
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Do Your Debts Vanish with Your Death?
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Are your heirs, family or friends responsible for your debts after you die? I'd like to say no, but the answer really depends on a number of factors.
When you take out a credit card in your name, you're agreeing to repay whatever you borrow. Whether you're alive or dead, that obligation doesn't normally extend to your family, friends or, in most cases, even your spouse. The one big difference is with medical expenses. If the debt occurred during the marriage, the surviving spouse does become responsible.
Read More.
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CMM Welcomes Edward J. Karan III to Firm
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Campolo, Middleton & McCormick, LLP is pleased to announce that Edward J. Karan III has joined the firm as an associate and a member of the firm's corporate and mergers & acquisitions groups. His practice includes corporate transactions, corporate governance, and other related business matters.
Edward earned his undergraduate degree from Stony Brook University with a Bachelor of Arts in Political Science. He graduated from Touro Law Center and, while pursuing his Juris Doctor Degree, Edward interned for the Honorable Joseph Bianco, United States District Court Judge for the Eastern District of New York, as well as for the Queens District Attorney's Office, Narcotics Investigations Division. In addition, Edward was a Research Assistant and also volunteered for the Volunteer Income Tax Assistance Program, where he prepared tax returns for low income and elderly clients.
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CMM Named a 2015 Best Law Firm by U.S. News - Best Lawyers�
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CMM is proud to announce it has been named to the 2015 U.S. News - Best Lawyers� "Best Law Firms" list, which recognizes the top law firms in the country for professional excellence.
The U.S. News - Best Lawyers� "Best Law Firms" rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To view the list in its entirety, visit http://bestlawfirms.usnews.com. |
CMM Executive Breakfast: Prepare for Success in 2015
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CMM is excited to kick off its 2015 Executive Breakfast Series with Joe Campolo presenting on how to Prepare for Success in 2015. The breakfast is scheduled for January 14, 2015 at our Ronkonkoma location and January 21, 2015 at our new Bridgehampton office. The event is geared to inspire today's business leaders to plan for success in the year ahead. Building on his popular "Bleed to Succeed" series, Joe will share strategies and perspectives to plan for 2015. Contact [email protected] for more info.
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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
www.cmmllp.com
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