• Things Every Architect Should Know About Copyrights

    Some people say that imitation is the greatest form of flattery.  However, with an architectural work, imitation could result in copyright infringement.  This article briefly outlines some things architects should be aware of in order to protect and enforce their copyright, and avoid copyright disputes. It is well established that both architectural drawings and completed architectural works are entitled to protection under the Copyright Act.  According to the Copyright Act, the definition of an “architectural work” is “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings.  The work includes the ...

    cmandm

    Friday, January 22nd, 2016

    (0)

    Read More >
  • Attempt to Have Attorney Disqualified Denied by the Court in Corporate Valuation Case

    What happens when an attorney represents a corporate entity in the formation of that entity and then represents one of the shareholders in a corporate dissolution proceeding?  Should the attorney be disqualified because of the knowledge he/she obtained while forming the corporation?  Will that attorney be considered a necessary witness?  The Commercial Division in Suffolk County recently ruled on these issues deciding that, at least in this instance, the attorney should not be disqualified and would not be a witness. In Altungeyik v. Ayknat, et al. (J. Pines), Plaintiff shareholder commenced a shareholder’s derivative action/dissolution proceeding against the other shareholder of ...

    cmandm

    Friday, January 22nd, 2016

    (0)

    Read More >
  • Successor Liability in Asset Purchases under New York Law

    When buying or selling a business, potential successor liability of the buyer is a primary concern.  Successor Liability means liability that the Buyer of a business’s assets may have for the acts or liabilities of the Seller of those assets. General Rule in New York:  The Buyer of a business’s assets does not assume and is not liable for the Seller’s liabilities unless otherwise expressly stated in the purchase and sale agreement. This is a primary reason that sales and acquisitions of businesses are often structured as asset sales. However, New York law contains four exceptions to that general rule.  The Four Exceptions ...

    cmandm

    Friday, January 22nd, 2016

    (0)

    Read More >
  • CMM Welcomes Harrington

      Jonathan (“Jack”) Harrington is Counsel to Campolo, Middleton & McCormick, LLP.  He counsels multinational corporations and individuals in securities, white-collar, anti-money laundering, and Foreign Corrupt Practices Act (FCPA) matters.  He also represents clients in litigation and appeals before state and federal courts and in commercial arbitrations, often with an international component.  Jack’s combination of legal, policy, and international business experience enables him to advise clients on transactions and strategy. Jack’s diverse legal career includes practicing at a large multinational firm and interning at the U.S. Attorney’s Office for the District of Connecticut.  He served as a post-graduate legal intern in the ...

    cmandm

    Wednesday, December 23rd, 2015

    (0)

    Read More >
  • December 2015 Legal Brief – Firm Newsletter

    December 2015 Legal Brief - Firm Newsletter

    cmandm

    Monday, December 21st, 2015

    (0)

    Read More >
  • 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

    (0)

    Read More >
  • 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

    (0)

    Read More >
  • 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

    (0)

    Read More >
  • 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

    (0)

    Read More >
  • 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

    (0)

    Read More >
Fred Eisenbud