• Second Circuit Upholds Use of Undisclosed Third Party Software to Provide Probable Cause in Search Warrant

    While the crimes themselves are despicable, child pornography prosecutions often feature cutting-edge forensic investigation techniques and challenges that are applicable to a wide range of white collar crimes. On June 11, 2015, the United States Court of Appeals for the Second Circuit rejected a defendant’s challenge, and held that law enforcement may use third-party aggregating software in order to develop probable cause in support of a search warrant, and that the warrant application need not identify the software utilized. In United States v. Thomas, 2015WL3619820, ___F.3d___(2015), the defendant pleaded guilty to the production of child pornography in violation of 18 U.S.C. § ...

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    Wednesday, July 15th, 2015

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  • Center for Medicare & Medicaid Services (“CMS”) Announces Guidelines to Ease ICD-10 Implementation

    Beginning October 1, 2015, physicians will be required to utilize ICD-10 for claims.  ICD-10 will replace the 35-year old ICD-9 diagnostic system.  According to Acting CMS Administrator Andy Slavitt, “ICD-10 will set the stage for better identification of illness and earlier signs of epidemics, such as Ebola or flu pandemics.” The task of converting to ICD-10 has proven nothing less than gargantuan for medical practices, and spurred intense lobbying from the American Medical Association (“AMA”) and other physician interest groups. As a result, on July 6, 2015, the CMS and AMA jointly released an announcement detailing efforts CMS will implement to ...

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    Wednesday, July 15th, 2015

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  • 5 Tips to Protect Your Trademark

      With the internet and social media, information and content moves so quickly that companies may lose control of their trademarks.  A trademark is what distinguishes your product or services from the competition, but improper uses may cause the mark to become generic, and thus not protectable.  To help avoid the same fate as “aspirin,” “escalator,” and “thermos” — all of which started out as trademarks but have become generic — here are some tips on how to protect your trademark before it becomes generic. Use Notice Markings. Placing a TM marking after your trademark gives notice to others that you are ...

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    Wednesday, July 15th, 2015

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  • When is a Volunteer Intern Entitled to be Paid?

    Last year, I discussed circumstances under which a volunteer may be considered an employee for the purposes of the Fair Labor Standard Act.  As discussed previously, the Federal Fair Labor Standards Act (“FLSA”) requires both public and private entity employees to be paid minimum and overtime wages. The question of who qualifies as an “employee” under the FLSA is not as simple as you would expect. Last year, we discussed the 2014 opinion of the Second Circuit Court of Appeals, Brown v. New York City Department of Education, as to when a public volunteer may be considered to be an ...

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    Wednesday, July 15th, 2015

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  • Lawyers Are Taking to Tech

    By Joe Kellard When discussing one of the most popular programs attorneys attend for continuing legal education, Mary Ann Aiello, dean of the Nassau Academy of Law, painted an image of a seasoned lawyer in court shuffling through hundreds of legal papers, while his younger counterpart pulls up the same documents with a quick search on his laptop or iPad. Of the 160 programs the academy provides for attorneys to acquire the New York State-mandated credits they must earn every two years, courses on technology and social media have become the rage. While the academy, an arm of the Nassau County Bar ...

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    Monday, July 13th, 2015

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  • CMM Welcomes Marc Alessi

    Campolo, Middleton & McCormick is pleased to announce that Marc S. Alessi has joined the firm Of Counsel and will be a member of our corporate and real estate practice groups, assisting small to mid- sized companies and the entrepreneurs that run them. Mr. Alessi has a history of public service on Long Island and in New York State, having served as a member of the New York State Legislature and as a Board Member of the Long Island Power Authority. He was elected to the New York State Assembly in 2005 and served for three terms, representing the First Assembly ...

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    Friday, July 10th, 2015

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  • Pharmaceuticals in our Waters

    Published in the Hauppauge Reporter On May 28, 2015, the HIA-LI Environmental/Green Industries Committee presented a well attended program entitled “Pharmaceuticals in Our Waters”.  The program was held at the Education Center of the Suffolk County Water Authority in Hauppauge and was followed by a tour of the lab facility where the Authority does its water testing. The disposal of pharmaceuticals is a growing area of concern in our over-medicated society.  According to Adrienne Esposito, Director of the Citizens Campaign for the Environment, nearly 4 billion prescriptions are filled in the US each year, of which about one third or 200,000 pounds ...

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    Wednesday, July 08th, 2015

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  • Pharmaceutical Disposal – A Work in Progress

    Printed in the Suffolk Lawyer The disposal of pharmaceuticals is a growing area of concern in our over-medicated society. According to Citizens Campaign for the Environment, nearly 4 billion prescriptions are filled in the U.S. each year, of which about one third, or 200,000 pounds, are unused. Trace amounts of these drugs enter our surface and ground waters from various sources, including landfill leachate, animal feedlots, aquaculture, land application of organic materials, pharmaceutical manufacturing facilities, and deliberate flushing. Most ubiquitous of all, the pharmaceuticals pass through our bodies and are secreted, ending up in cesspools and sewage treatment plants, neither of ...

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    Wednesday, July 08th, 2015

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  • It’s time to stop complaining and get back to work. Who’s with me?

    Lately, when I attend local business meetings, I hear complaints about the economy, or trouble attracting high-paying customers, or a lack of skilled workers, or workers who are not pulling their weight, or taxes as reasons for that person’s business not doing well. It’s time for Long Island business leaders to realize that we – not the government or anyone else – are responsible for the future of work and life on Long Island. We must take action to cherish and protect the amazing ecosystem of resources available to the business community here on Long Island, instead of merely complaining ...

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    Wednesday, July 08th, 2015

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  • June 2015 Legal Brief – Firm Newsletter

     

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    Monday, June 29th, 2015

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Fred Eisenbud