• December 2015 Legal Brief – Firm Newsletter

    December 2015 Legal Brief - Firm Newsletter

    cmandm

    Monday, December 21st, 2015

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  • January 28 – LOCATION CHANGE: CMM Exec Breakfast: What Customers Want: It’s Not What You Think!

    January 28, 2016 PLEASE NOTE LOCATION CHANGE! What Customers Want: It’s Not What You Think!  Presented by Randi Busse What do customers want? Here’s a hint: It’s not (just) price, quality, timing, taste or color – or any of those attributes of your product or service. It’s the experience you deliver. Guest speaker, Randi Busse, Founder and President of Workforce Development Group, Inc., a coaching and training organization that specializes in improving the customer experience, increasing customer retention, and maximizing revenue, will discuss how to: Identify what your customers want and expect Build a relationship Walk in your customers’ shoes Personalize your customer’s experience Deliver the Wow! Factor   EVENT DETAILS: 8:30am – ...

    cmandm

    Friday, December 18th, 2015

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  • Closing the Deal

    As we all know, being skillful in the art of negotiation is absolutely critical to your success in business. So you’ve read all the tactics, planned your approach, prepared your process, and even began implementing the strategies. But what happens when you still can’t seem to land that final stage, closing the deal? Here are some deal making tips from Negotiation Briefings, “5 Tips for Closing the Deal in Business Negotiations Drawn from Negotiation Case Studies,” written by the Program on Negotiation Staff at Harvard University that offers some insight on nailing that final stage. Diagnose the Barrier When you’ve made progress on certain issues ...

    cmandm

    Friday, December 18th, 2015

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  • Be Careful When Rolling Your IRAs

    This is the end of the year.  Since many of my senior clients have to take out the Required Minimum Distribution (RMD) from all their IRA accounts, they also start to think about moving the rest of their IRA money into possibly a more productive investment.  But a word of caution, beginning this year, there are new IRS rules for IRA Rollovers.  You can only make one rollover of one IRA to another (or to the same IRA) in any 12‑month period, no matter how many IRAs you own.  The limit includes all types of IRAs, including SEP IRAs, SIMPLE ...

    cmandm

    Friday, December 18th, 2015

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  • A Refresher on Medicare Exclusions from the Office of Inspector General

    As we near the end of the year, the government will report on how much money it has recovered from healthcare entities for improper Medicare billing.  It is important to remember that, while monetary penalties are serious consequences, egregious overbilling violations may result in the Office of the Inspector General for Health and Human Services (“OIG”) issuing an order excluding a provider from participating in Federal Health Care programs.  This sanction is in effect a civil death penalty, since an excluded provider may not bill for services reimbursed by any Federal Health Care program during the exclusion period.  As medical ...

    cmandm

    Friday, December 18th, 2015

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  • Landlord’s Self-Help and Charging for Capital Improvements: A Busy Fall at the Appellate Division, First and Second Departments

    The Appellate Courts have been busy this fall rendering significant decisions involving landlord/tenant law.  Two decisions of interest are discussed below. The first is a decision by the Appellate Term, Second Department involving a landlord who engaged in self-help to regain possession of the commercial demised premises at issue.  The tenant commenced an unlawful entry and detainer summary proceeding under RPAPL §713(10), and apparently the landlord engaged in self-help to regain possession of the demised premises after commencement of the proceeding. The court recognized a landlord’s right to engage in self-help, provided such is authorized by the parties’ lease.  Here, the landlord ...

    cmandm

    Friday, December 18th, 2015

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  • Rights to “Santa Claus is Comin’ to Town” Song Pass to Songwriter’s Family

    This time of the year, we all hear the popular Christmas song “Santa Claus is Comin’ to Town,” but what we don’t hear is the ownership dispute over it.  Recently, the Second Circuit ruled that the current rights to the song will end December of 2016, and it will pass to the descendants of one of the songwriters, John Frederick Coots. Tracing the history of the song through decades that also included significant changes in copyright law, records showed that the songwriters had sold the song and copyright to EMI Feist Catalog, Inc. (partially owned by Sony) in 1934.  EMI and ...

    cmandm

    Friday, December 18th, 2015

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  • Loss Mitigation in Labor Law Cases

    Scott Middleton, Esq. December 21, 2015 Many of our clients own commercial buildings or multifamily residential buildings and may not be aware of their legal exposure when having construction, renovation, or repair work performed on these buildings. Labor Law sections 240 and 241 apply to these types of buildings and can be devastating to the unknowing owner. If any worker falls from height, or has an accident involving a gravity-related risk while the work is being performed, the owner and general contractor are absolutely liable. To adequately protect owners, first and foremost, only reputable contractors should be hired. In the contract between the owner ...

    cmandm

    Friday, December 18th, 2015

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  • Feb 10 – East End Exec Breakfast: Labor & Employment Update for 2016

    February 10, 2016 Labor & Employment Update for 2016 Our next East End Executive Breakfast event will feature an interactive panel of Long Island professionals discussing important legal and practical updates on a wide range of Labor and Employment topics for business owners, CEOs, managers, in-house counsel, and human resources professionals. Join us as we host Irv Miljoner, Director of the Long Island District Office, U.S. Department of Labor’s Wage & Hour Division, together with Markowitz, Fenelon & Bank as we address employment law issues that impact our business community. February 10, 2016 8:00 am to 10:00 am Sea Star Ballroom 431 East Main Street, Riverhead, ...

    cmandm

    Thursday, December 17th, 2015

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  • Holiday Party Guide for Employers

    It’s that time of the year again! Many employers are hosting holiday parties, where employees, and sometimes clients and customers as well, get a chance to relax, socialize, and take a break from the work to celebrate the holiday season. Raising employee morale during the holiday season is a good way to say thank you for their work all year, but despite the fun of a party, there are potential legal issues which could quickly make you forget the fun. To avoid problems from arising, it is advisable to act before the party to minimize potential headaches after the party. Serving ...

    cmandm

    Monday, December 07th, 2015

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Fred Eisenbud