• June 2016 CMM Newsletter: Negotiate Like an FBI Negotiator, No Fault Update & More

         

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    Monday, June 27th, 2016

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  • Alessi Named Executive Director of Business Incubator Association of New York State

    Marc Alessi, chair of the Startups and Economic Development practice groups at Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, has been selected to lead the Business Incubator Association of New York State, Inc. (BIA/NYS).  A nonprofit trade association, BIA/NYS is the state’s largest organization dedicated to strengthening and expanding the facilities and programs that foster the growth and development of startup and incubator-based enterprises throughout New York.  As Executive Director, Alessi is charged with furthering the association’s mission to promote networking, knowledge-sharing, and advocacy among organizations operating business incubators throughout the state. The organization is a natural fit ...

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    Thursday, June 23rd, 2016

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  • No-Fault Carrier Not At Fault for Faulty Billing: Billing Confusion Creates Potential Liability for Healthcare Providers

    A recent New York State Court of Appeals decision, Aetna Health Plans v. Hanover Insurance Company (NY Slip Op 04658, June 14, 2016), creates yet another worry for doctors and patients with respect to medical billing and ultimate responsibility for those bills. The issue presented is whether a health insurer that pays for medical treatment that should have been covered by the insured’s no-fault automobile insurance carrier may maintain a reimbursement claim against the no-fault insurer within the framework of the Comprehensive Motor Vehicle Reparations Act (New York Insurance Law section 5101). The insured in this case, Luz Herrera, sustained personal injuries ...

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    Thursday, June 23rd, 2016

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  • Attorney Spotlight: Meghan Dolan

    A high school term paper assignment about the “right to privacy” under Griswold v. Connecticut brought Meghan Dolan to the local law library, and her interest was immediately piqued.   Then, freshman year of college, she took a seminar with renowned attorney and Harvard professor Charles Fried, who brought the class to hear oral arguments at the United States Supreme Court.  Meghan was immediately hooked. Although she knew she wanted to be an attorney, Meghan did not know where she would end up or on which type of law she would focus.   That all changed when she became part of the Trial ...

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    Wednesday, June 22nd, 2016

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  • Tips for Hosting a Workplace Summer Soirée

    Fireworks.  Barbecues.  Lemonade.  A refreshing dip in the pool.  Summer has a way of bringing out the “sunshine” in everybody.  Hosting a summer event is a fun, enjoyable way to thank employees for their efforts and celebrate the pleasures of summer on Long Island.  But before you dive in, it’s important to consider potential legal issues that could quickly make you forget the fun. Serving alcohol is always a risk, raising the potential for accidents and injuries, as well as inappropriate behavior and lawsuits.  But employers can reduce risk through advanced planning.  While liability generally does not attach to “social hosts” ...

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    Wednesday, June 22nd, 2016

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  • Recognizing and Avoiding Elder Scams and Abuse

    A scam is defined as a fraudulent scheme, especially for making a quick profit, and (if severe enough) can be considered financial abuse by the Suffolk County District Attorney’s Office.  Unfortunately, our seniors are the most vulnerable to this type of abuse. There are many types of scams out there, but almost all of them are done by either mail or phone.  In one common scheme, someone calls, usually with a lot of background noise, and says that it’s the senior’s grandson.  He says that he’s in some foreign country and has just been arrested.  He needs a couple thousand dollars ...

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    Wednesday, June 22nd, 2016

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  • New York Court of Appeals Refuses to Extend Exception to the Attorney-Client Privilege

      Whether documents or communications are subject to the attorney-client privilege (and thus not subject to disclosure) is a frequently litigated issue.  Given the various factual scenarios that can affect what is or isn’t protected, such matters often require judicial interpretation. Generally speaking, once someone shares a privileged communication with a third party, the privilege is waived and the communication becomes fair game.  However, as with most general rules, there are exceptions.  One of the most frequent exceptions is the so-called “common interest doctrine.”  The basic premise is that a third party may be privy to an attorney-client privileged communication without losing ...

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    Wednesday, June 22nd, 2016

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  • Negotiation Pointers from an FBI Negotiator

    It can’t hurt to hear what a former FBI negotiator has to say about negotiation strategy. Chris Voss, former lead international kidnapping negotiator for the FBI, shares his most effective tips on how to become more persuasive in his new book, Never Split the Difference: Negotiating As If Your Life Depended On It (HarperBusiness, 2016).  Business Insider recently posted an insightful article by blogger and Wired writer Eric Barker culling seven of the best tips from Voss’s book.  As Barker explains, Never Split the Difference dismisses traditional negotiating tactics such as being abrupt and making your opponent feel that you have ...

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    Wednesday, June 22nd, 2016

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  • Overthinking Overpayments from Medicare

        Since passage of the Affordable Care Act, compliance officers and attorneys have struggled to comply with the new rule requiring notification and repayment of Medicare overpayments within 60 days.  The two large questions that remain unclear are what constitutes an “overpayment,” as well as what it means to “identify” an overpayment. Section 6402(a) of the Affordable Care Act (“ACA”) created a new section 1128J(d)(1) of the Social Security Act (the “Act”), which addresses overpayments.  Section 1128J(d)(2) requires an overpayment to be reported and returned “by the later of (A) the date which is 60 days after the date on which the ...

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    Wednesday, June 15th, 2016

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  • Microsoft v. Baker: Federal Appellate Courts’ Jurisdiction to Review Orders Denying Class Certification

    In the October 2016 term, the U.S. Supreme Court will hear arguments in Microsoft Corp. v. Baker, et al. on appeal from the U.S. Court of Appeals for the Ninth Circuit.  The question presented—whether a court of appeals has jurisdiction to review an order denying class certification after the plaintiffs voluntarily dismiss their claim—is an interesting one for federal practitioners with an interest in the procedural tactics of class-action litigation. In Baker, owners of the Xbox 360 video game console filed five actions claiming the consoles scratched video game discs.  Plaintiffs brought claims for breach of warranty and violation of state ...

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    Monday, June 13th, 2016

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Fred Eisenbud