Joe Campolo

Campolo’s Negotiation Blog

  • Negotiating Tips for the President

    By Joseph N. Campolo, Esq. Email Joe February 27, 2017 Donald Trump holds himself out as a master negotiator and “dealmaker,” frustrated by the gridlock of Washington politics. Boy, did he pass up a great opportunity to demonstrate these so-called skills with his insistence that Betsy DeVos become the next Secretary of Education.  The same can be said for Senate minority leader Chuck Schumer – another high-powered politician from whom you’d expect superb negotiating skills – who also missed a major opportunity to strike a win-win compromise. The uproar and opposition to the DeVos nomination was unprecedented in recent American history, and her confirmation vote is ...

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    Monday, February 27th, 2017

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Patrick McCormick, Esq.

McCormick’s Real Estate Litigation Blog

  • Commercial Tenant “had a meaningful choice to walk away”: Court Rejects Unconscionability Arguments Regarding Late Charges and Electricity Charges

        Published in the Suffolk Lawyer, January 2017 By Patrick McCormick, Esq. Email Pat December 20, 2016 In 2010, the First Department, in dismissing a claim by commercial tenants that electric charges were unconscionable,  held that the plaintiffs had failed to establish “a lack of meaningful choice, and noted that the commercial tenants were free to not rent from the defendant and go elsewhere.” Thus, when I represented a commercial landlord in a non-payment proceeding against a law firm tenant earlier this year, it was unclear where a court within the Second Department – in this case, the First District Court in Nassau County – would fall ...

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    Tuesday, December 20th, 2016

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Jeffrey Basso, Esq. Campolo, Middleton & McCormick, LLP

Basso’s Business Litigation Blog

  • Sanctions Issued Against Party for Spoliation of Evidence

    By Jeffrey Basso, Esq. Email Jeff February 27, 2017 A crucial issue for any business named in a lawsuit or that is on notice that it will be named in a lawsuit is the preservation of evidence, specifically electronically stored information (“ESI”).  Attorneys will typically send “litigation hold” letters to their own clients or opposing parties in litigation to ensure that all steps are taken to preserve all documents and ESI that could be relevant to the litigation.  Essentially, businesses are instructed that nothing should be deleted, removed, modified, etc. by anyone within the company while the litigation is pending.  When a client destroys ...

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    Monday, February 27th, 2017

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Martin Glass

Glass’s Wills, Trusts & Estates Blog

  • Do You Really Need A Revocable Trust?

        By Martin Glass, Esq. E-mail Marty Published in the Hauppauge Reporter, February 2017 February 27, 2017 For many years now I’ve heard many attorneys tout the virtues of revocable or “living” trusts over Wills.  But, with the added expense, is the trust really necessary?  In many cases, no!  Now don’t get me wrong, there are many times when a revocable trust is the way to go, but there should be a need for it, not just a knee-jerk reaction or a scare tactic. Below are several reasons that I’ve heard many attorneys give to get you to create a revocable trust as the primary method for disposing ...

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    Saturday, February 25th, 2017

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M&A Blog

  • Abracadabra! Delaware Court Does Away with “Magic Words” for Valid Anti-Reliance Provisions

    By David Hoeppner, Esq. February 18, 2016 Integration clauses typically state that an agreement is the entire and only agreement between parties, superseding any prior written or oral agreements.  Similarly, “anti-reliance” language provides that the only representations on which the parties relied in deciding to enter the contract are those within the contract itself.  Integration and anti-reliance clauses are commonly found in M&A agreements and contracts for other complicated transactions.  The rationale behind such language is to limit a party’s recourse for misrepresentations made outside the agreement.  The enforceability of such clauses varies by jurisdiction.  As a recent Delaware Court of Chancery ...

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    Friday, February 19th, 2016

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Lauren Kanter-Lawrence

Kanter’s Scotus Blog

  • Campolo, Middleton & McCormick Petitions U.S. Supreme Court in Fair Housing Act Case

    Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, has filed a petition with the United States Supreme Court on behalf of Safe Harbor Retreat, a residence in East Hampton, New York, for individuals in recovery from drug and alcohol addiction.  The May 18, 2016 petition asks the nation’s highest court to settle a split among the circuit courts as to when the denial of an applicant’s request for a reasonable accommodation under the Fair Housing Act becomes justiciable. “The question presented by this case is of critical import to the millions of disabled Americans who are denied equal enjoyment ...

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    Thursday, May 26th, 2016

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William McDonald, Esq.

McDonald’s Healthcare Blog: “Stark Raving Mad”

  • Disclosure of Protected Health Information: It’s Not All About HIPAA

        Published in the Suffolk Lawyer, January 2017 By William McDonald, Esq. Email Bill December 20, 2016 Anyone who’s had a doctor’s appointment in the past 20 years is familiar with the Health Insurance Portability and Accountability Act (known affectionately—or not—as HIPAA).  Undoubtedly, if your business collects and shares protected health information, you and HIPAA are old friends.  However, many healthcare providers don’t realize that HIPAA isn’t the only game in town.  It’s also critical to analyze all of your statements to consumers together and ensure that your disclosures are not deceptive under the Federal Trade Commission (FTC) Act. As a refresher, the HIPAA Privacy Rule empowers ...

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    Monday, December 19th, 2016

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William McDonald, Esq.

McDonald’s Criminal Defense Blog

  • New Treasury Efforts to Fight Money Laundering Through New York Real Estate

    By William McDonald, Esq. January 22, 2016 To combat the scourge of money laundering from transnational criminal syndicates, the United States Treasury has issued new Geographic Targeting Orders (“GTOs”) to Manhattan and Miami Dade County requiring title insurance companies to reveal beneficial owners of entities purchasing real estate for cash. GTOs are directives with limited duration issued by the Secretary of Treasury through the Financial Crimes Enforcement Network (“FINCEN”) and are authorized under the Bank Secrecy Act (31 USC 5326).  After passage of the Patriot Act, TROs, by definition, last for 180 days. The January 13, 2016 announcement from FINCEN specifies that this GTO ...

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    Monday, January 25th, 2016

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Eryn Truong, Esq.

Truong’s Intellectual Property Blog

  • Damages Dispute in Design Patent Case Heats Up

    By Eryn Truong, Esq. Email Eryn January 27, 2017 As design patents become a more popular method for businesses to protect their products, how damages are determined in the highly-publicized Samsung v. Apple litigation will merit close attention this year. In early December 2016, the Supreme Court reversed the lower court’s decision that forced Samsung to pay $399 million in profits for violating three of Apple’s design patents and remanded the case for further consideration.  The award accounted for the entirety of Samsung’s profit from the sale of the infringing smartphones.  Samsung’s argument, however, is that damages should be limited to individual components covered ...

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    Friday, January 27th, 2017

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Arthur Yermash, Esq.

Yermash’s Labor And Employment Blog

  • New York Attorney General Pushes Back on Non-Compete Agreements

        Published in the Hauppauge Reporter, January 2017 By Arthur Yermash, Esq. Email Arthur It’s a business owner’s worst nightmare: an employee leaves to work for a competitor, and tucked into the boxes in which he’s packing his diplomas and photos are your customer lists and confidential information. Enter a non-compete agreement, which prohibits the employee from working for a rival company for a specified amount of time after leaving your employ.  Traditionally, employers have used non-compete agreements as tools to protect their interests with respect to high-level employees with specific skills and those with access to highly valuable information such as trade secrets and customer ...

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    Wednesday, October 26th, 2016

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fe web resize

Eisenbud’s Environmental Blog

  • What You Should Know About Pesticides on Your Lawn

    This month I’m pleased to share an article by my colleague Lilia Factor that recently appeared in the Suffolk Lawyer addressing considerations regarding pesticide use.  —Fred Eisenbud E-mail Lilia Published in Suffolk Lawyer, April 2016 Spring is here and with it, our thoughts turn to battling weeds.  To wage our battles, we often hire landscapers and, after signing the contract, put our trust in these people to ensure that our lawns stay lush green and dandelion-free.  However, what many homeowners do not realize is that the use and application of pesticides by commercial providers is highly regulated by the New York State Department of Environmental Conservation ...

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    Monday, May 23rd, 2016

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Marc Alessi

Alessi’s Startups Blog

  • Entrepreneurs: These Networking Blunders Can Cost You

    By Marc Alessi, Esq. E-mail Marc April 25, 2016 Successful entrepreneurs know that having a strong network behind them is critical. Done well, networking is hard but important work.  There’s no shortage of mixers, parties, meetings, and lectures to attend, and most professionals, business owners, and job seekers have no problem showing up.  But too many people think they’ve done their job just by walking in.  They pass the time by traveling in a pack with the people they came with, lingering by the food table, or checking Facebook on their phone.   At the other extreme are those who interrupt conversations and make requests ...

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    Friday, April 22nd, 2016

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