CMM Legal Blog

When in Doubt, Yell “Fore!”

By: Devon Palma, Esq.

Posted: March 29th, 2017

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    It is officially spring and that means that golf season is here. For golfers, there are few things better than their first time back on a golf course after the snow melts and the weather gets warm. The last thing you are thinking about as you are breathing in the fresh spring air […]

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Roadmap to a Valuable Teaming Agreement, Part 2

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Posted: March 29th, 2017

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The focus of this article is the enforce-ability of Teaming Agreements. To recap, teaming arrangements (memorialized in a Teaming Agreement) are organized so that one company is the prime contractor and one or more other companies are subcontractors.  The prime contractor generally interfaces with the government.  The prime contractor agrees that if awarded the government […]

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Providers, Take Note: Cigna Increases Its Recovery Efforts

By: William McDonald, Esq.

Posted: March 29th, 2017

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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 […]

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Sanctions Issued Against Party for Spoliation of Evidence

By: Jeff Basso, Esq.

Posted: February 27th, 2017

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    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 […]

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Do You Really Need A Revocable Trust?

By: Martin Glass, Esq.

Posted: February 25th, 2017

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    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 […]

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Navigating Clients Through the Murky Waters of Foreign Asset Disclosures

By: Laura Blasberg, Esq.

Posted: February 2nd, 2017

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  By Laura R. Blasberg and Kelly A. McGowan A taxpayer’s situation and financial circumstances dictate which programs or rules the taxpayer should use to disclose foreign assets and accounts. Those who advise taxpayers will likely, or have already, been confronted with a client who has failed to disclose one or more foreign financial accounts […]

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Volkswagen Guilty Plea Sets New Standards for White Collar Investigations and Enforcement

By: Jack Harrington, Esq.

Posted: January 27th, 2017

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    On Wednesday, January 11, 2017 German auto-maker Volkswagen pleaded guilty to charges of conspiracy to commit wire fraud and to violate the Clean Air Act, as well as customs violations and obstruction of justice.  The company agreed to pay an astounding $4.3 billion in criminal and civil penalties, which when combined with the […]

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Damages Dispute in Design Patent Case Heats Up

By: Eryn Truong, Esq.

Posted: January 27th, 2017

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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 […]

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EEOC Proposed Enforcement Guidance for Addressing Unlawful Harassment

By: Vincent Costa, Esq.

Posted: January 27th, 2017

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On January 10, 2017, the U.S. Equal Employment Opportunity Commission requested public input on proposed enforcement guidance for addressing unlawful harassment in the workplace and hostile work environments under Title VII of the Civil Rights Act of 1964.  Harassment claims have risen over the past few years and the proposed guidance follows a June 2016 […]

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To Mediate or Not to Mediate

By: Scott Middleton, Esq.

Posted: January 27th, 2017

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Mediation can either be a great tool to move beyond an impasse or a colossal waste of time and money. Without the proper approach and preparation, the parties may be pushed further apart. In a recent mediation, my client was amenable to settling but the plaintiff, in the lead-up to the mediation, was less than […]

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