• Judge Temporarily Blocks Solar Farm in Shoreham

    by MARK HARRINGTON / mark.harrington@newsday.com A state court judge Tuesday issued a temporary restraining order blocking construction of a controversial solar farm in Shoreham despite claims by the project’s developer that delays were costing $15,000 a day in lost profits. State Supreme Court Justice Andrew Tarantino Jr. issued the six-day order until a scheduled court appearance next week by attorneys for developer sPower and residents opposed to the project. Shoreham residents who live near the proposed solar array have filed suit against sPower, alleging that proper environmental reviews were never conducted. Some who live near the proposed 60-acre, 9.5-megawatt array also say it ...

    cmandm

    Wednesday, June 10th, 2015

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  • May 2015 Legal Brief – Firm Newsletter

    May 2015 Legal Brief – Firm Newsletter

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    Monday, June 01st, 2015

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  • Joe Campolo on air 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 article in the Long Island Business News, Note from my grandmother – Spit out the pacifier.  Listen to the interview here.

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    Monday, June 01st, 2015

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  • Note from My Grandmother – Spit Out the Pacifier

    Lately, I’ve heard business leaders complain about the economy, trouble attracting high-paying customers, a lack of skilled workers, employees not pulling their weight and taxes as reasons for 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 protect the amazing ecosystem of resources available to the business community here instead of merely complaining and wishing for change. As my grandmother would have said: “It’s time to spit out the pacifier ...

    cmandm

    Friday, May 29th, 2015

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  • How to Negotiate Nicely

    A successful negotiation in today’s business climate is more than walking away with the best possible outcome, it’s about maintaining and building valuable relationships that not only result in mutually beneficial agreements but, more importantly, lead to future deals. Carolyn O’Hara offers her advice, in her article, “How to Negotiation Nicely Without Being a Pushover” published last month in The Harvard Business Review. We all want it both ways: to get what we want from a tough negotiation and to walk away with our relationship intact. The good news is that kind of outcome is possible. But how exactly do you drive ...

    cmandm

    Wednesday, May 20th, 2015

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  • Suffolk County’s Model Commercial Solar Code Should Be Adopted Quickly by Suffolk’s Towns

    By Frederick Eisenbud, Esq. May 20, 2015 On May 6, 2015, the Suffolk County Planning Commission (“Planning Commission”) approved a Model Commercial Solar Code (“Model Code”), which will go into effect in each town, only if adopted by each..  The Model Code is the product of a Utility Solar Model Code Working Group of the Planning Commission (“Working Group”). Participants included representatives from Suffolk County, the Towns of Brookhaven and Riverhead, PSEG-LI, solar installers, and community and environmental groups, among others.  The complete text is available on the website of the Suffolk County Planning Commission:  http://www.suffolkcountyny.gov/Departments/Planning/Boards/SuffolkCountyPlanningCommission.aspx. The genesis of the Working Group was ...

    cmandm

    Wednesday, May 20th, 2015

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  • Tiger Salamanders and Industrial Scale Solar Facilities in Suffolk County

    I have previously written blogs that have questioned LIPA’s focus on industrial scale solar projects in Suffolk County.  Dyed-in-the-wool environmentalists find this blasphemous, and feel particularly betrayed by the author, who has focused his practice on environmental law and litigation for more than thirty years.  The rationale for their unquestioned fealty to solar regardless of how it is obtained appears to be the need to immediately address the impacts from global warming, particularly rising tides, regardless of cost or other impacts, because there is an urgent need to reduce our carbon footprint. Let me be absolutely clear from the outset: I ...

    cmandm

    Wednesday, May 20th, 2015

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  • Queens Court Upholds No-Fault Payment Eligibility for Chiropractic Practice Despite Illegal Fee-Splitting

    In H&H Chiropractic Services, P.C. a/a/o Jesus Jimenez v. Metropolitan Property and Casualty Insurance Company ruling.  Specifically, using Malella, insurers have convinced courts time and again to disallow payments to medical providers or chiropractors who violate Mallela’s prohibition against fraudulent incorporation.  Under Mallela, the New York Court of Appeals held that professional practices may not bill no-fault insurance carriers for services if the professional entity has been “fraudulently incorporated.”  Traditionally, “fraudulent ...

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    Wednesday, May 20th, 2015

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  • Legal Fees or No Legal Fees – Court Determines Reasonableness

    Generally speaking, the two ways a party can recover attorneys’ fees if it is successful in litigation are: (1) by statute based on the claims asserted; or (2) by contract if the parties include a provision entitling the successful party to recover attorneys’ fees.  While parties often believe this entitles them to a dollar for dollar reimbursement for attorneys’ fees, Courts will award only “reasonable” attorneys’ fees.  Courts are often looked upon to analyze the reasonableness of attorneys’ fees.  A recent decision from the Commercial Division in Kings County provided a thorough analysis of the factors Courts look at in ...

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    Wednesday, May 20th, 2015

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  • Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

    If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015. The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a patent in 1990.  Kimble brought a patent infringement suit against Marvel Enterprises Inc. several years later when the company began distributing a similar toy.  After years of litigation, Marvel purchased the patent and agreed to pay royalties to Kimble.  The agreement did not include an expiration ...

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    Wednesday, May 20th, 2015

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Fred Eisenbud