• 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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  • JP Morgan Pays $264 Million to Resolve “Princelings” FCPA Investigation

    Last month, JP Morgan entered into a landmark settlement agreement in which it agreed to pay $264.4 million to the DOJ, SEC, and Federal Reserve to resolve Foreign Corrupt Practices Act (“FCPA”) offenses for providing jobs to the relatives of Chinese government officials to secure the underwriting of Chinese state-owned companies’ initial public offerings (“IPO”).  While this is not the first time an American company has settled an FCPA case on similar facts, the JP Morgan investigation trumps all others in terms of its scope and the audacity of the alleged bribery scheme.  The bank’s so-called “Sons and Daughters” program ...

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    Tuesday, December 20th, 2016

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  • Disclosure of Protected Health Information: It’s Not All About HIPAA

        Anyone who’s had a doctor’s appointment in the past 20 years is familiar with the Health Insurance Portability and Accountability Act (known affectionately—or not—as HIPAA).  Undoubtedly, if your business collects and shares protected health information, you and HIPAA are old friends.  However, many healthcare providers don’t realize that HIPAA isn’t the only game in town.  It’s also critical to analyze all of your statements to consumers together and ensure that your disclosures are not deceptive under the Federal Trade Commission (FTC) Act. As a refresher, the HIPAA Privacy Rule empowers patients and consumers with certain rights with respect to their health ...

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    Monday, December 19th, 2016

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  • CMM Represents ServiceAide, Inc. in Acquisition from CA Technologies

    Campolo, Middleton & McCormick represented industry leader ServiceAide, Inc. in its acquisition of IT Service Management Software Cloud Service Management (CSM) from CA Technologies (Nasdaq: CA).  CMM partner Christine Malafi led a corporate team that also included Donald Rassiger and Vincent Costa.  Terms of the deal were not disclosed publicly. Backed by a solid technology investment firm, ServiceAide is focused on the benefits to customers from the marriage of a world-class ITSM SaaS operation and proven innovative big data technology.  ServiceAide will provide existing clients with a highly successful team committed to ensuring CSM becomes the leading SaaS offering in the cloud ITSM space. ...

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    Monday, December 19th, 2016

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  • LIMBA Relaunches in 2017 with New Format and CMM as Major Corporate Sponsor

    Campolo, Middleton & McCormick, LLP, a premier law firm, and Long Island Metro Business Action (LIMBA), the longstanding catalyst for transportation and economic improvement on Long Island, are pleased to announce that they have joined forces for 2017 to promote the needs of Long Island and expand their reach in the community. As major corporate sponsor of LIMBA, CMM will co-host six LIMBA meetings in the new year. These joint meetings will feature an updated format in which CMM Managing Partner Joe Campolo will interview representatives from various levels of government, municipal agencies, and the local economy on issues of ...

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    Wednesday, December 14th, 2016

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  • Coverage of Women’s Leadership Panel featuring Malafi

              From left, Christine Malafi, partner at Campolo, Middleton & McCormick; Neela Mukherjee Lockel, CEO of American Red Cross on Long Island; and Christine Riordan, president of Adelphi University, during a panel discussion with women CEOs at the HIA-LI’s 6th annual Women’s Leadership Breakfast in Hauppauge, December 2, 2016.  Photo credit: Ed Betz. Panel: Women Should ‘Outsource’ to Achieve Career/Life Balance by Ken Schachter Conflicts between advancing in business and maintaining a family life can be overcome with the right tactics, women executives said at a business breakfast panel sponsored by HIA-LI on Friday. “The things I don’t want to do, I outsource,” said Judith ...

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    Monday, December 05th, 2016

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Fred Eisenbud