• November 2015 Legal Brief – Firm Newsletter

    November 2015 Legal Brief - Firm Newsletter

    cmandm

    Monday, November 23rd, 2015

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  • Court of Appeals Expands Environmental Standing to Challenge SEQRA Determinations

    On November 19, 2015, in Sierra Cub v. Village of Painted Post, New York’s highest court, the Court of Appeals, reversed a decision by the Appellate Division, Fourth Department, which had found that an individual petitioner lacked standing to challenge actions of the Village of Painted Post on State Environmental Quality Review Act (“SEQRA”) grounds.  In so doing, the Court continued a trend towards loosening restrictions on people to gain relief from the courts based on claims of environmental harm.  The question of standing when it comes to SEQRA challenges asks whether the petitioner has a sufficient interest in the ...

    cmandm

    Monday, November 23rd, 2015

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  • Takedown Notices under the DMCA

    A “Takedown Notice” under the Digital Millennium Copyright Act (“DMCA”) exempts certain online service providers (“OSPs”) from liability for copyright infringing acts by its users, provided they meet certain conditions. The definition of an OSP for purposes of the DMCA is quite broad: “a provider of online services or network access, or the operator of facilities therefor.” 17 USC §512(k)(1)(B).  This would include most sites that offer user-generated content such as web hosting companies, blogging platforms, discussion forums, and so on. Among the conditions that an OSP must meet to be exempt from liability are: No actual or constructive knowledge of infringing behavior; No ...

    cmandm

    Friday, November 20th, 2015

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  • The SEC Reminds Us: An Ounce of Prevention is Worth a Pound of Cure

    On November 4, 2015, Andrew Ceresney, the head of the Security and Exchange Commission’s (“SEC”) enforcement division, delivered the keynote address to the National Society of Compliance Professionals’ annual meeting.  The key takeaway from Mr. Ceresney’s remarks is that is the compliance function—and specifically the role of the Chief Compliance Officer (“CCO”)—is more important than ever in today’s highly regulated economy, and companies that short-change or ignore this function do so at their own peril. In speaking to this gathering of compliance professionals, Mr. Ceresney explained that “the Commission is in your corner . . . and . . . you ...

    cmandm

    Friday, November 20th, 2015

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  • Pay Your Attorney Now: Supreme Court Considers Legality of Seizing Untainted Money

    The headline is not just shameless attorney self-promotion, but in fact reflects sound advice to anyone or any company facing a government investigation.  More often than not, the U.S. Attorney’s Office seizes a defendant’s assets at the same time he is placed under arrest.  In these cases, the defendant not only finds himself under arrest facing charges, but also unable to use any of his own money to hire a defense attorney of his choice to fight the charges. This practice began in the 1970s and was ultimately sanctioned in the Supreme Court case of United States v. Monsanto, 491 U.S. ...

    cmandm

    Friday, November 20th, 2015

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  • Healthcare Providers with Health Republic Patients Must Act Now to Protect Ability to Receive Payment

    Healthcare providers must proactively pursue timely payments under New York’s Prompt Pay Law and conduct credentialing verification to protect their income in the wake of the Health Republic insurance company closing. In October 2015, the New York State Department of Financial Services (DFS) announced that Health Republic would halt coverage at the end of November 2015 due to its risk of insolvency.  This announcement started a scramble among healthcare providers.  The state Healthcare Association, an industry group representing hospitals, estimates that hospitals alone are owed at least $160 million from Health Republic. Newsday reported that the DFS has told Magnacare that payments ...

    cmandm

    Friday, November 20th, 2015

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  • Client Advisory: NYC’s “Ban the Box” Legislation Now in Effect

    Joining state and local jurisdictions across the country, New York City has enacted a “Ban the Box” law that limits employers’ inquiries into the criminal background of job applicants and imposes stringent requirements on employers who intend to make hiring decisions based on such information. The Fair Chance Act, effective as of October 27, 2015, prohibits employers who are based in NYC or otherwise have employees in NYC from asking candidates about their pending arrests or criminal convictions until after extending a conditional offer of employment.  Further, employers are restricted from publishing job postings that state or imply that a person ...

    cmandm

    Friday, November 20th, 2015

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  • Can an E-mail Exchange Create a Binding Contract?

        Can an e-mail exchange create a binding contract? The short answer is yes! With the proliferation of electronic communications, it is not surprising that courts are increasingly called upon to address claims alleging the creation of a binding contract based upon an exchange of e-mails. The Appellate Division, Second Department recently held that e-mail communications between parties were sufficient to create a binding contract.  Law Offs. of Ira H. Leibowitz v. Landmark Ventures, Inc., 131 A.D.3d 583, 15 N.Y.S.3d 814 (2d Dep’t 2015) involved breach of contract claims related to services provided by the plaintiff.  In examining e-mail communications between the parties, the ...

    cmandm

    Friday, November 20th, 2015

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  • Best of Long Island 2016 – VOTE NOW!

    October 1, 2015 The Long Island Press Bethpage Best of Long Island Awards nomination period is over, the voting is OPEN, and we’re on the ballot again! As the winners of 2 “Bethpage Best of Long Island 2015” awards, for CMM and Joe Campolo, we’re honored to be in the running again. Please take a moment to vote for us, to help us maintain our title. VOTE HERE!  

    cmandm

    Monday, November 09th, 2015

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  • McCormick, McDonald, and Basso Receive Leadership in Law Awards

    CMM congratulates Patrick McCormick, William McDonald, and Jeffrey Basso on being selected to receive the 2015 “Leadership in Law” Awards. They will be honored at a gala dinner hosted by the Long Island Business News on Thursday, November 19, 2015 at Crest Hollow Country Club in Woodbury. Patrick McCormick will receive the Partner Award.  Head of the firm’s commercial litigation and appellate practice groups, he received his J.D. from St. John’s University School of Law and his undergraduate degree from Fordham University.  Mr. McCormick serves as President of Child Abuse Prevention Services (CAPS) and as a member of the Board of Directors for Developmental Disabilities Institute (DDI). William McDonald will ...

    cmandm

    Friday, November 06th, 2015

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Fred Eisenbud