Joe Campolo

Campolo’s Negotiation Blog

  • Tea and Empathy: Don’t Confuse Empathy with Sympathy in Negotiation

    By Joseph N. Campolo, Esq. Email Joe June 26, 2017 The Chinese general and military strategist Sun Tzu famously wrote that the “supreme art of war is to subdue the enemy without fighting.”  Using empathy at the negotiation table is the modern-day embodiment of this strategy. A fundamental human need is to feel accepted, validated, and understood by others.  This reality means that negotiation strategy is really a lesson in psychology.  To get from Point A to Point B, the skilled negotiator must exploit psychological principles – and this means empathy must play a role. A critical mistake many negotiators make is to view empathy ...

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    Monday, June 26th, 2017

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Patrick McCormick, Esq.

McCormick’s Real Estate Litigation Blog

  • Next Slide, Please: The Use of PowerPoints at Trial

        Published in The Suffolk Lawyer, May 2017 By Patrick McCormick, Esq. PowerPoint presentations have become a staple of law school classes, business presentations, and educational seminars – so it’s no surprise that they have also made their way into the courtroom.  But at what point does a PowerPoint cross the line from helpful to harmful?  The Court of Appeals recently addressed this question in People v. Williams, 2017 WL 1216063, 2017 N.Y. Slip Op. 02588, a criminal case that is still informative in commercial and other civil matters. People v. Williams stems from a violent encounter in 2009 in which the defendant allegedly broke ...

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    Wednesday, April 26th, 2017

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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.     Published in The Suffolk Lawyer, April 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 ...

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    Monday, February 27th, 2017

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Martin Glass

Glass’s Wills, Trusts & Estates Blog

  • And the Scams Keep Coming

    By Martin Glass, Esq. Email Marty June 26, 2017 About a year ago I wrote about scams, mainly those against seniors.  I feel compelled to write again since I’ve found some relatively new phone scams, one of which a senior relative of mine was caught up in. I thought this scam was brand new, but when I talked to some of the seniors that I know, I learned that it has already been around for a few months and is quite prevalent.  A person calls you up and tells you that if you have Medicare, you can get a back brace for free.  Now ...

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    Monday, June 26th, 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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On the Docket: Scotus Blog

  • New York Zoning Law & Practice Report: Ensuring Uniform Application of the Fair Housing Act

    “End the unnecessary exclusion of persons with handicaps from the American mainstream”: Safe Harbor Retreat’s Efforts to Ensure Uniform Application of the Fair Housing Act By Joseph N. Campolo, Esq. and Lauren Kanter-Lawrence, Esq. Published in New York Zoning Law & Practice Report, Thomson Reuters, May/June 2017, Volume 17, Issue 6 Editor-in-Chief: Patricia E. Salkin, Esq. Managing Editor: Emily Howard, Esq. Under the Fair Housing Act, when does the denial of an applicant’s request for a reasonable accommodation become justiciable?  The answer to this question can either support the efforts of disabled individuals to assert their rights in the housing context—or create roadblocks that make such efforts ...

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    Tuesday, June 20th, 2017

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William McDonald, Esq.

McDonald’s Healthcare Blog: “Stark Raving Mad”

  • Providers, Take Note: Cigna Increases Its Recovery Efforts

    By William McDonald, Esq. Email Bill March 30, 2017 Long Island medical providers have learned that Cigna is once again striving to “recover” payments made to them. Cigna’s investigation focuses primarily on out-of-network providers, since it believes that its contract language with self-funded ERISA plans entitles it to recover payments made for out-of-network services. Cigna employs a classic flanking maneuver to box in the targeted providers.  It begins by sending letters to its members who have received services at out-of-network providers. The letter asks about services provided, the dates such services were provided, and whether the member paid any co-pay or co-insurance payment to ...

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    Wednesday, March 29th, 2017

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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

  • Supreme Court Limits Venue Shopping in Patent Cases

    By Eryn Truong, Esq. The U.S. Supreme Court recently issued a unanimous decision that will limit the controversial practice of “venue shopping” by plaintiffs who pick court locations they believe will be more favorable to their case, and who unnecessarily drag defendants into patent disputes in a faraway venue in the process.  The decision has important implications for businesses that rely on patents to protect their innovation. For many years, plaintiffs have relied upon a more general venue law that allowed a lawsuit to be filed where the defendant resides or does any business, which led to a disproportionate number of patent ...

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    Monday, June 26th, 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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