• Court Rules Terminated Employee’s Stock Options Did Not Vest Upon Termination; Complaint Dismissed

    The Commercial Division in Monroe County, New York recently decided an interesting case, Kellman v. Document Security Systems, Inc. (Rosenbaum, J.), that dealt with a topic familiar to many employers: vesting of stock options to a terminated employee under an employment agreement. Defendant Document Security Systems, Inc. (“DSS”) develops, licenses, manufactures and sells anti-counterfeiting technology and products. Co-Defendant Secuprint, Inc. (“Secuprint”) is a subsidiary of DSS which was created to acquire assets of another company, DPI of Rochester LLC (“DPI”), a printing company owned by Plaintiff, Matthew Kellman, and another individual.  When DPI’s assets were acquired, Kellman was hired by DSS ...

    cmandm

    Tuesday, October 20th, 2015

    (0)

    Read More >
  • Oct 29 – East End Executive Business Breakfast

    Please Join Us for the East End’s First Executive Business Breakfast A forum for networking and learning. Together with Markowitz, Fenelon & Bank, LLP, we recognize the need for East End businesses to have a platform to meet other East End businesses, build relationships, share referrals, and learn something new. October 29th, 2015 8:00 am to 10:00 am We Invite You to Join Us at the Sea Star in Riverhead as Rich Isaac of Sandler Training Presents… LinkedIn – A Business Relationship Tool Learn How To Use LinkedIn to Increase Sales and Grow Your Business You’ll learn: • Powerful, insider best practices for LinkedIn for effective social selling • The value of ...

    cmandm

    Tuesday, October 06th, 2015

    (0)

    Read More >
  • September 2015 Legal Brief – Firm Newsletter

    September 2015 Legal Brief - Firm Newsletter

    cmandm

    Wednesday, September 30th, 2015

    (0)

    Read More >
  • Earnout Payments and the Implied Covenant of Good Faith

    Summary An earnout is a contractual provision in an agreement for the purchase and sale of a business in which the Seller’s receipt of payment is contingent upon or varies with achievement of certain business goals, such as revenue or profitability targets (a sample is available under “the Earnout Provision,” below). Under Delaware Law, the Implied Covenant of Good Faith and Fair Dealing (Implied Covenant) prohibits the Buyer of a business from purposefully interfering with the Seller’s earnout.  However, the Implied Covenant does not, in itself, obligate a Buyer to create conditions for a Seller to receive an earnout if those ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • The Estates of the Rich and Infamous

    Being rich and famous doesn’t always mean that you’ve got a good estate plan, and there’s no guarantee that there won’t be estate litigation contests. Here are just some examples of things that can go wrong. Sometimes it doesn’t even get to the estate plan.  In the case of famous DJ and radio personality Casey Kasem, his second wife and his daughter (from his first marriage) disagreed over having him cremated and where to bury him.  Despite a court order, the wife had the body moved to Montreal and eventually had him buried in Oslo, Norway.  In New York, he could ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • SAPA and Timely and Sufficient DEC Permit Renewal Applications

    As published in the September issue of the Suffolk Lawyer On August 27, 2015, Newsday reported that Baykeeper, an environmental group, intends to commence a lawsuit against the New York State Department of Environmental Conservation (“DEC”) and National Grid because the effluent from the Northport power plant is killing millions of fish each year.  The article notes that the DEC’s permit for the power plant expired in 2011, “but under state rules it can operate while its application is reviewed.” The referenced “state rules” are the subject of this article, but the focus is on clients you may have who require permits ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • Starting a Successful Business

    As a self-proclaimed serial entrepreneur, I find myself immersed in the startup entrepreneurial ecosystem, specifically here on Long Island. I thrive on the process of taking an idea, helping to make it a product, and helping to build a business around it.  To have the power to take something from “all talk” to “all action” and to build wealth from it is incredibly empowering. I’d like to use this blog platform as a resource to anyone looking to take a leap into entrepreneurship and bring their business startup dreams to life. I believe anyone can make this transition.  No matter ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • Court Holds Successor Corporation Liable For Judgment Against Defunct Entity

    In litigation, it is one thing to obtain a judgment against an individual or entity, but it is another thing to actually collect on that judgment. One scenario that often plays out occurs when a plaintiff has obtained a judgment against a business entity only to find out that the company is out of business and/or has transferred its assets and popped up under a different name.  This strategy is undertaken for obvious reasons – to avoid collection efforts on the judgment while continuing to do business under a different identity.  However, if you are the judgment holder, all is ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • Trademark Registrations may now be Broadened to Account for Evolving Technology

    The United States Patent and Trademark Office (USPTO) has launched a pilot program to allow amendments to goods/services in trademark registrations that would otherwise be beyond the scope of current specifications. Typically, once a trademark has been registered for particular goods/services, it is not possible to later amend those goods/services beyond the current identification.  However, this does not reflect the world of rapidly changing technology – goods and services may be quickly phased out in favor of their modern counterparts.  When the new technology did not match the original goods/services, the trademark owner was forced to forego the old registration and ...

    cmandm

    Friday, September 25th, 2015

    (0)

    Read More >
  • Law Internships Emphasize Real-World Experiences

          By Joseph Kellard When Joe Campolo, managing partner at Ronkonkoma-based Campolo Middleton & McCormick, started his law firm in 2006, the first person he hired was a legal intern from Touro College Jacob D. Fuchsberg Law Center in Central Islip. That intern, Arthur Yermash, remained with the firm and is now a senior associate. As with many other private firms across Long Island, Campolo Middleton continues to work with interns and externs during the summer and school semesters. “We think that the firm’s interns are critical to the firm’s growth as well as to the legal education process,” Campolo said. Each summer the firm accepts one ...

    cmandm

    Wednesday, September 09th, 2015

    (0)

    Read More >
Fred Eisenbud