CMM Legal Blog

Intra-Firm Attorney-Client Privilege: Protection of Communications with In-House Counsel

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: May 16th, 2018

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Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected (or not protected) by the privilege, one of the oldest common-law evidentiary privileges. The privilege applies to communications made “for the purpose of facilitating the rendition of legal advice or services, in the course of […]

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Deficient Tortious Interference Claim Leads to Dismissal of Complaint

By: Jeff Basso, Esq.

Posted: May 16th, 2018

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One of the more common “business tort” causes of action we see in the world of commercial litigation is a claim for tortious interference with a contract. Often a competing company, knowing that its competitor has a contract with a certain customer or employees, will intentionally and improperly interfere with that contract by causing the […]

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Navigating the Complex Web of Data Breach Notification Laws

By: Jack Harrington, Esq.

Posted: May 10th, 2018

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Facebook CEO Mark Zuckerberg testified before Congress in April about how a political consultancy had improperly accessed the personal data of nearly 90 million Facebook users.  The Congressional hearings prompted by Cambridge Analytica’s misappropriation of personal data was not the social media company’s first brush with the federal government regarding the protection of user data.  […]

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Hiding and Seeking Information During Litigation: Disclosure of Information Contained in Private Social Media Accounts

By: Richard DeMaio, Esq.

Posted: April 20th, 2018

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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? The cute game transforms into a cutthroat endeavor to seek any information to sabotage the opposition’s case. Given the prevalence of social media (even Grandma has a Facebook account nowadays), the first point of attack […]

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Residential Landlords: Beware of New Certificate of Occupancy Rules

By: Kelly Canavan, Esq.

Posted: April 20th, 2018

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New York residential landlords, beware. As of November 29, 2017, the Real Property Law section 235-bb came into effect. The statute requires that a valid certificate of occupancy be in place before entering into a residential lease agreement with a tenant for real property of three or fewer units. More specifically, the law provides: Prior […]

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To Disclose or Not to Disclose: The DOJ’s New Anti-Corruption Corporate Enforcement Policy

By: Jack Harrington, Esq.

Posted: April 20th, 2018

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In April 2016, the Department of Justice (DOJ) launched an experimental Foreign Corrupt Practices Act (FCPA) enforcement policy known as the “Pilot Program.”  For those unfamiliar, the FCPA is a U.S. law that prohibits business from bribing foreign officials and requires certain accounting transparency among public companies.  The FCPA is enforced both criminally and civilly, […]

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How to Lower the Cost of Construction in New York? Demolish New York’s Scaffold Law

By: Don Rassiger, Esq.

Posted: February 20th, 2018

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It is absolutely time to revisit and revise New York State’s absolute liability standard imposed upon contractors and owners for construction-related accidents. New York Labor Law Sections 240 and 241, colloquially referred to as the “Scaffold Law,” impose a strict liability standard on contractors and owners for elevation/gravity related accidents.  Unlike other personal injury matters, […]

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Renting on Airbnb, HomeAway or VRBO? Important Info You Should Know

By: Melissa Sidor, Esq.

Posted: February 20th, 2018

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In recent years, many Long Islanders have been earning extra income by renting their homes as short-term vacation rentals through services like Airbnb, HomeAway, and VRBO. However, many are unaware that these rentals are subject to New York State Hotel and Motel Tax, and that Suffolk County in particular has been cracking down on homeowners […]

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The New Tax Law and Your Estate Planning

By: Martin Glass, Esq.

Posted: February 19th, 2018

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Have you heard? There has been a major change in the Federal Tax Code as of January 1, 2018.  But what does it mean as far as estate planning goes? The only real change in this regard was that the exemption for the Federal Uniform Gift and Estate Tax approximately doubled from $5,490,000 to $11,180,000 […]

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A Word of Caution with Use of Olympic Marks

By: Eryn Truong, Esq.

Posted: February 7th, 2018

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The 2018 Winter Olympic Games are upon us. For all the Olympics enthusiasts out there, keep in mind that any unauthorized commercial use of the Olympic trademarks, logos, or symbols is prohibited and will be enforced vigorously by the U.S. Olympic Committee (USOC). Federal law gives the USOC exclusive rights to the symbol of the […]

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