• Campolo live with LI News Radio host Jay Oliver

    Joe Campolo, Managing Partner at Campolo, Middleton & McCormick, LLP talks with LI News Radio 103.9 FM host Jay Oliver about his latest Op-Ed piece published in the Long Island Business News, “Six leadership lessons I learned in the Marine Corps.” Watch a clip of the interview here.          

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    Monday, June 29th, 2015

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  • CMM Represents RSI Equipment, Inc. in Sale

    Campolo, Middleton & McCormick represented RSI Equipment, Inc., a New York based medical equipment distributor, in their sale to Claflin Medical Equipment, a Rhode Island-based medical equipment distributor, effective May 29, 2015. Claflin will expand their business with RSI Equipment, a family-run business specializing in small and large renovations and new construction for hospitals and healthcare facilities in the New York Metro area. The deal, closed by the Campolo, Middleton & McCormick legal team of Alan Weinberg, Arthur Yermash, and Lauren Kanter-Lawrence is the latest in the growing trend of significant acquisition work handled by CMM in the healthcare space. “The key to this transaction was ...

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    Monday, June 29th, 2015

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  • Six Leadership Lessons I Learned in the Marine Corps

    In a recent opinion article I challenged the Long Island business community to be leaders instead of complainers. The response was overwhelming, with many people asking for some guidance; they wanted to know if I had any rules that I could share. The best rules I know I learned as a Marine. The U.S. Marine Corps is all about mission, discipline and dedication – principles Long Island business leaders can use to grow their business. Here are six of those lessons: 1. Lead by example. Before you expect your employees to demonstrate personal and professional integrity in their work, you must demonstrate ...

    cmandm

    Friday, June 26th, 2015

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  • Best Practices for Internal Investigations

    On May 19, 2015, Assistant Attorney General Leslie Caldwell, the leader of the Department of Justice’s (“DOJ”) Criminal Division, gave a speech offering companies “best practices” guidance for corporate internal investigations. Presently, the DOJ is guided by the nine factors outlined in Deputy Attorney General Mark Filip’s 2008 memo entitled “Principles of Federal Prosecution of Business Organizations.”  These are collectively known as the “Filip Factors.”   Factor 5 states that the charging decision depends in part on “the existence and effectiveness of the corporation’s pre-existing compliance program.”  U.S. Attorneys Manual (“USAM”) 9-28.300.  Caldwell emphasized that a company will get credit from the ...

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    Monday, June 22nd, 2015

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  • The Towns Must Step Up Environmental Review of Commercial Solar Projects in Suffolk County Because They Can’t Rely on LIPA to Do It

    LIPA apparently believes, contrary to all evidence, that it need not comply with the State Environmental Quality Review Act (“SEQRA”)  If so, LIPA is wrong. The Power New York Law of 2011 amended and reenacted Chapter 10 of the Public Service Law, which addresses the siting of major electrical generating facilities.  The former version of Article 10 lapsed on ...

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    Monday, June 22nd, 2015

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  • Court Strikes Down CMS Prohibition on ‘Per-click’ Equipment Rentals, Upholds ‘Under-Arrangements’ Prohibitions, Under Stark Law

    Freddy Kreuger from Nightmare on Elm Street, Jason from Friday the 13th, and The Exorcist.  This triumvirate struck fear in me as a kid and caused many sleepless nights.  Fast forward to present, and the Stark Law invokes similar fears, with its strict liability and draconian punishments for even inadvertent violations.  The Stark Law prohibits a physician from billing any federal healthcare program for items or services provided by another entity with whom the physician has a financial relationship, unless the arrangement falls within a statutory exception.  See generally, 42 U.S.C. 1395nn. The Secretary for Health and Human Services has enacted ...

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    Monday, June 22nd, 2015

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  • Supreme Court Rules that Attorneys Cannot be Awarded Attorneys’ Fees in Defending Their Own Fee Applications

    Dating back at least to the 18th century, the “American Rule” provides that each litigant pays his or her own attorneys’ fees, regardless of the outcome, unless provided otherwise by statute or a contract between the parties.  Justice Thomas, writing for the majority in the Supreme Court’s June 15, 2015 decision in Baker Botts v. ASARCO, LLC, referred to this rule as a “bedrock principle” that would serve as the Court’s basic point of reference in evaluating this dispute from the Fifth Circuit. The case stemmed from defense of a bankruptcy fee application by two law firms that had represented respondent ...

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    Monday, June 22nd, 2015

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  • Joint Accounts May Be a Poor Estate Plan

    Many of my senior clients see joint ownership of all their assets (such as investment accounts, bank accounts and real estate) as a cheap and easy way to avoid probate since joint property passes automatically to the joint owner at death.  They feel that joint ownership can also be an easy way to plan for incapacity since the joint owner has the immediate ability to pay bills and manage investments.  These are all true benefits of joint ownership, but there are a number of potential drawbacks that I feel greatly outweigh the benefits. The first drawback is that there’s an inherit ...

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    Monday, June 22nd, 2015

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  • Common Myths About “Fair Use” of Copyrighted Works

    In general, fair use is the copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.   Such uses are done without permission from the copyright owner.  Therefore, fair use is a defense against a claim of copyright infringement.  If your use qualifies as fair use, then it would not be considered an infringement. There many myths and misconceptions about what constitutes copyright infringement and fair use.  Below are some common myths and an explanation of the rules. Myth 1:  If a work does not have a © symbol, it is ...

    cmandm

    Monday, June 22nd, 2015

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  • LIPA, SEQRA and Commercial Solar Power Plants in Suffolk County: Every Approval of a Power Purchase Agreement by LIPA Before the Lead SEQRA Agency Acts Is Null and Void

    By Frederick Eisenbud, Esq. June 15, 2015 On January 1, 2003, Article 10 of the Public Service Law, which provided a fast track regulatory system for the siting of major electrical generating facilities (i.e., those with a rated capacity of 80 MW or more), lapsed.  Prior to that, to avoid having to go before a Siting Board and the extensive public review process required by Article 10, which included review of environmental impacts and required applicants to put up money to help the public intervene with expert help, private companies that wanted to construct so-called peaker plants (whose output would be used ...

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    Monday, June 15th, 2015

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Fred Eisenbud