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

        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 lists.  But if the New York Attorney General’s recent ...

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    Wednesday, October 26th, 2016

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  • Threatening to Withhold Commissions Can Render Non-Compete Agreement Unenforceable

    Courts are often called upon to interpret the enforceability of restrictive covenants—such as non-compete, non-solicitation, and non-disclosure clauses—contained in employment agreements.  The vast majority of the case law dealing with the enforceability of these clauses often focuses on whether the restrictions are reasonably limited in time and scope, whether they are necessary to protect the employer’s legitimate business interests, and whether they unfairly restrict the employee from obtaining future employment in his or her chosen occupation.   What makes the recent decision from the Commercial Division in Albany County in Integra Optics, Inc. v. Messina (J. Platkin) interesting is that the ...

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    Wednesday, October 26th, 2016

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  • New Law Helps Firms Protect Their ‘Secret Sauce’

          By Adina Genn You might not have the equivalent to Coca-Cola’s formula, but that doesn’t mean your company doesn’t have valuable trade secrets that give it a competitive edge. Since President Barack Obama signed the Defend Trade Secrets Act into law in May 2016, experts say now is a good time to reassess a company’s “secret sauce” and direct competitors to best protect its advantage. “A lot of companies don’t realize they have a trade secret,” said Eryn Truong, counsel to Campolo, Middleton & McCormick, a Ronkonkoma-based law firm. “They should be aware of and be active in protecting those secrets in employee ...

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    Monday, October 24th, 2016

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  • October 2016 CMM Newsletter: Non-Compete Update & More

     

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    Monday, October 17th, 2016

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  • Campolo Interviews Stanley Bergman, CEO of Henry Schein, at Entrepreneurs Edge

    Please join us for Entrepreneurs Edge, a special event at Stony Brook University on Thursday evening, November 3 at 7:00 p.m. on the campus of Stony Brook University.  Joe Campolo will interview father and son business leaders Stanley Bergman, CEO of Henry Schein, and Eddie Bergman, serial entrepreneur and President of Innovative Development Services. Launched in 2014, the Entrepreneurs Edge interview series showcases successful innovators and their sometimes roundabout and always individual career journeys.  Campolo will interview the Bergmans about global business, corporate social responsibility and social entrepreneurship, among other topics. “We are thrilled to have the Bergmans participate in the Entrepreneurs Edge ...

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    Thursday, October 13th, 2016

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  • Levy and Yermash Win Leadership in Law Awards

    Campolo, Middleton & McCormick, LLP is pleased to announce that Steve Levy and Arthur Yermash have been selected by the Long Island Business News to receive 2016 Leadership in Law Awards.  The awards recognize individuals whose leadership has had a positive impact on the legal profession and the Long Island community.  The honorees will be celebrated at a gala dinner on Thursday, November 17 at 6:30 p.m. at Crest Hollow Country Club in Woodbury. Steve Levy will receive an award in the Counsel category.  After serving as County Executive of Suffolk County—New York State’s largest suburban county, with a population of ...

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    Thursday, October 06th, 2016

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  • CMM Welcomes Donald J. Rassiger As Counsel

    CMM is pleased to announce that Donald J. Rassiger, an experienced corporate attorney with significant in-house experience, has joined the firm as Counsel.  Having served as Chief Legal Officer of four companies and created the General Counsel role at three of them, Don brings the management perspective to all matters he handles. Don focuses on corporate matters and transactions.  He has significant experience drafting and negotiating numerous contracts including construction, IT, financing, teaming arrangements, and joint ventures, and has successfully closed dozens of M&A deals.  Don has maintained a particular focus on the construction industry, where he has represented clients on ...

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    Monday, September 26th, 2016

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  • Exclusive Negotiation Periods: Friend or Foe?

      During an exclusive negotiation period (also referred to as a “lockout term” or even a “no-talk period”), parties agree not to enter into negotiations with any third parties with respect to the subject at hand.  For example, companies exploring an acquisition commonly insist upon such agreements so they can do their due diligence and decide whether to move forward with the deal without having to worry about another suitor swooping in and poaching the target.  So are exclusivity periods a good thing?  As with many things in business and law, it depends. The Harvard Program on Negotiation blog recently featured an ...

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    Monday, September 26th, 2016

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  • When is Dementia Not Dementia?

    Over the years I have seen many articles on how to spot signs of dementia in the elderly.  I’ve probably even written a few of those articles.  As an attorney with a focus on elder law and estate planning, the topic of dementia comes up often in my practice. These articles discuss the obvious signs, such as forgetting things.  Not remembering where you put your car keys is one thing.  Not remembering what those keys are used for is something else.  Not remembering what you had for breakfast yesterday is ok.  Not remembering if you had breakfast is probably not ok. Other ...

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    Monday, September 26th, 2016

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  • Legislative Update: A Long-Awaited Solution to a Mortgage Foreclosure Problem?

    This past June, Governor Cuomo signed legislation that imposes pre-foreclosure duties on banks and servicing companies. After it goes into effect this December, it is anticipated that a problem that has plagued local municipalities for years with respect to abandoned residential properties will begin to subside. Now, under the Real Property Actions and Proceedings Law (RPAPL) section 1308, first lien mortgage holders on one- to four-family vacant and/or abandoned residential real property must complete an exterior inspection of the property within 90 days of delinquency to determine if the property is vacant. While the loan is delinquent, the property must be ...

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    Monday, September 26th, 2016

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Fred Eisenbud