JULY 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 litigation, trials and appeals; corporate; mergers and acquisitions; private equity; intellectual property and technology; municipal, liability and government relations; labor and employment; real estate development; healthcare; wills, trusts and estates; matrimonial and personal injury matters including the defense of general liability, construction, premises liability and transportation cases. 

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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Now that workplace bullying was front page news, will a workplace harrassment policy sufficiently protect the company?
By Arthur Yermash, Esq.
Recent media coverage has heightened employer awareness of workplace bullying.  This awareness, however, has created some confusion about what, if anything, should be done to address workplace bullying, and whether harassment policies are sufficient to protect the employer.   While many times the characteristics of bullying and harassment can overlap, the law relating to each of these areas is different.   It important for employers to understand the differences between the two and have policies in place to identify, assess, minimize, and control the risks associated with such behavior.
Municipal Privilege
By Scott D. Middleton, Esq.

This is the first in a series of articles dealing with various types of privileges available in the defense of municipalities. The first topic will be the attorney-client privilege, which will be followed by attorney work product, deliberative process privilege, public interest privilege, and law enforcement privilege.

We know that in New York the CPLR directs that there shall be "full disclosure of all evidence material and necessary and the prosecution or defense of an action" (CPLR � 3101). This is based upon policy determination that liberal discovery encourages fair and effective resolution of disputes on the merits.

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Redskins' Trademarks Canceled for Disparagement
By Eryn Y. Truong, Esq.
On June 17, 2014, the Trademark Trial and Appeal Board ("TTAB") of the U.S. Patent & Trademark Office ("USPTO") canceled six trademark registrations of the Redskins football team as disparaging under Section 2(a) of the Lanham Act, 15 U.S.C. � 1052(a).  

Blackhorse v. Pro-Football, Inc., T.T.A.B., No. 92046185, 06/18/14.


Section 2(a) of the Lanham Act states that no trademark registration shall be refused unless it "[c]onsists of... matter which may disparage or falsely suggest a connection with... beliefs, or national symbols, or bring them into contempt, or disrepute."


The 2-1 TTAB decision found that a substantial composite of Native Americans considered the term "Redskins" to be disparaging at the time the marks were registered.  

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Employer Fights Back Against Baseless Lawsuit: "Hostile Workplace" Case Dismissed
By Jeffrey V. Basso, Esq.
Many businesses, at one time or another, have to deal with a disgruntled employee who is unhappy with his or her pay rate, work responsibilities, hours, etc.  While many of these employee issues can be and usually are dealt with and resolved internally by a human resources department or management, there are times when an unhappy employee resorts to commencing a baseless lawsuit against the employer in court as a form of "payback" or in an effort to harass the employer.  Luckily, as documented in a recent decision in the Supreme Court, Suffolk County, such baseless lawsuits can be dealt with swiftly early in the litigation process. 
Executive Order 38 Developments Provide Conflicting Guidance to Covered Providers
By William McDonald, Esq.

Providers affected by Governor Cuomo's Executive Order 38 ("EO 38"), which limits executive compensation for providers receiving State funds to no more than $199,000 per year, must choose between accepting a judge's decision striking down EO 38 and the New York State Department of Health (NYSDOH) Regulations implementing EO 38, found at 10 NYCRR Part 1002, or heeding New York State's newly updated EO 38 website declaring that providers are still expected to comply. 
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Canavan Joins CMM as Counsel
We are pleased to announce that Kelly Canavan has joined Campolo, Middleton & McCormick as Counsel and will head the firm's Real Estate Department. Her focus is on both residential and commercial transactions and leases, primarily on the east end of Long Island. She represents buyers and sellers, landlords and tenants, brokers and developers, architects, contractors, and business owners, and has experience in handling both forward and reverse 1031 exchanges, as well as in preparing all types of agreements and contracts relating to real estate transactions, such as ante nuptial agreements, co-habitation agreements, and joint venture agreements. 
Medical Marijuana & Employment Law
Earlier this month, Governor Andrew Cuomo signed a bill legalizing a restricted amount of medical marijuana for certified patients. Now that New York has authorized medical marijuana throughout the state, employers are scrambling to establish new best practices concerning card-carrying employees. Arthur Yermash discusses the potential legal implications that employers should be aware of, in a Long Island Business News article on July 11th
HIA-LI CEO Roundtable Featuring Joe Campolo

We invite you to join us on Wednesday, August 20th at our office for an HIA-LI CEO Roundtable featuring Joe Campolo. Drawing on his own experiences, challenges and achievements, Joe Campolo speaks to today's business leaders inspiring them to Bleed to Succeed. 

Contact (631) 543-5355 or to register.

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McDonald Presenting at HealthCare Summit
On Thursday, August 21st William McDonald, the head of our Healthcare Department, will be speaking at the Summer Sizzle HealthCare Summit presented by Precision Healthcare Consultants in Plainview, NY. CMM is a co-sponsor of the event in which McDonald will be presenting to industry leaders on best practices and protecting themselves through audits. 
CMM Team in the Corporate Fun Run

CMM will have a team participating in Long Island 5k Bethpage Ballpark Corporate FunRun on August 7th. The newly created 5k race will bring workplace teams from all over Long Island together to engage in a fun 5k run/walk fitness event along with a post-race party filled with music, food and beverages. As the official charity of the event, Corporate FunRun is donating 10% of all registration fees to Stony Brook Children's Hospital. 

Join us every Friday at 10:30 am for our Long Island Legal web show on  
Our July Shows
July 11th - Joe Campolo with special guest Alan Inkles of the Stony Brook University Staller Center for the Arts
July 18th - Christine Malafi with special guest Ron Beattie, President of the Vanderbilt Museum and the Oakdale Chamber of Commerce.
July 25th - Joe Campolo with Senior Associate Eryn Truong of the CMM Intellectual Property Group. 

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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