• IP Forecast 2017

          In 2017, I expect to see an uptick in trade secret litigation filings.  Business owners should be familiar with the Defend Trade Secrets Act (“DTSA”), which was signed into law in the middle of 2016.  The Act created a federal cause of action for misappropriation of trade secrets and also enables a party to obtain seizure orders and exemplary damages for willful infringement.  As a result, as business owners become more aware of the law, we will likely see more trade secret owners availing themselves of the rights and remedies available.  Also, as cases under the DTSA increase, federal courts ...

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    Friday, January 20th, 2017

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  • UCP of Long Island Welcomes Campolo to Board of Directors

    Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, is pleased to announce the appointment of Joseph N. Campolo to the Board of Directors of United Cerebral Palsy (UCP) of Long Island, the region’s leading organization dedicated to advancing the independence, productivity, and full citizenship of individuals with cerebral palsy and other disabilities. UCP of Long Island has served the community for over six decades, creating opportunities and helping to fulfill the dreams of thousands of individuals and families.  Fewer than 40 percent of the individuals served by UCP of Long Island have cerebral palsy; the organization’s programs and services ...

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    Tuesday, January 17th, 2017

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  • CMM Closes Multimillion Dollar Financing Transaction for Major Construction & Architectural Hardware Distributor

    Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, announced that it has closed a multimillion dollar construction financing transaction and working capital line of credit between its client, a major construction and architectural hardware distributor, and the client’s lender, a large institution in the secondary lending market.  The transaction moved swiftly from the execution of a letter of intent in the fall of 2016 through due diligence and to closing just before the new year.  In addition to the usual financing documents for such transactions, the deal was complicated by the transfer of mortgages on several separate parcels ...

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    Tuesday, January 17th, 2017

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  • Middleton Named to Judicial Screening Committee of Suffolk County Bar Association

    Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, is pleased to announce that founding partner and trial attorney Scott D. Middleton, Esq. has been appointed to the Judicial Screening Committee of the Suffolk County Bar Association.  The Committee is tasked with investigating the background, experience, and other qualifications of candidates seeking to run for judicial office in Suffolk County to ensure that potential nominees are qualified to serve on the bench.  Middleton chairs the Municipal Liability and Personal Injury groups at CMM.  He handles all types of litigation, representing individuals and defending large and small businesses and municipalities in ...

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    Tuesday, January 03rd, 2017

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  • CMM Welcomes Laura Blasberg in Expansion of Tax & Estate Planning Practice

     In keeping with its mission to offer clients superior legal representation and excellent service, Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, is pleased to announce that tax and estate planning attorney Laura Blasberg has joined the firm’s robust Trusts & Estates, Tax & Elder Law practice as Of Counsel.  Blasberg counsels individuals and businesses in general tax, tax controversy, and estate planning matters, offering sophisticated solutions drawn from her wealth of experience in these areas.  She has represented clients in the real estate, finance, fashion, and publishing industries as well as hotel owners, public utilities, contractors, and many other fields. CMM’s ...

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    Wednesday, December 28th, 2016

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  • December 2016 CMM Newsletter: Updates on Commercial Leases, HIPAA & More

    December 2016 CMM Newsletter: Updates on Commercial Leases, HIPAA & More

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    Sunday, December 25th, 2016

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  • Roadmap to a Valuable Teaming Agreement

    Recently, a client inquired about forming a joint venture with another company to bid on government solicitations.  While joint ventures are one vehicle, there is another option that is often less expensive and less risky: a teaming arrangement, which is memorialized in a Teaming Agreement. Generally, teaming arrangements 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 in the Teaming Agreement that if awarded the government contract, it will use the subcontractor’s goods or services.  Conversely, the subcontractor agrees that ...

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    Tuesday, December 20th, 2016

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

        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 on the issues of a five percent late charge and electric ...

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    Tuesday, December 20th, 2016

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  • Shifting the Costs of Discovery

        Clients embroiled in litigation are often very concerned with the overwhelming costs of discovery, especially when document production can involve sorting through thousands upon thousands of emails and other electronically stored documents to respond to the opposing party’s requests.  Generally speaking, litigants are responsible for their own discovery costs in litigation.  However, certain circumstances call for the shifting of those costs.  A recent decision out of the Commercial Division in Monroe County discussed the various factors courts will evaluate in determining whether to shift discovery costs to the party requesting the discovery. Wade v. McConville, 53 Misc.3d 1216(A) (Sup. Monroe 2016) ...

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    Tuesday, December 20th, 2016

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  • Hospital Patients Are Entitled to Admission Status Information

    Last year, President Obama signed the Notice of Observation Treatment and Implication for Care Eligibility Act (better known as the “NOTICE Act”).  The NOTICE Act became effective on August 6, 2016.  It may not seem like a big deal, but the Act requires hospitals to inform patients whether the patients have been admitted to the hospital on “inpatient” status versus “observation” status. When a doctor admits a patient to a hospital, the patient and patient’s family members normally assume that the patient has been “admitted” to the hospital as an inpatient.  This is usually true whether the patient is in the ...

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    Tuesday, December 20th, 2016

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Fred Eisenbud