• Does the Term “Work-for-Hire” Really Mean Anything in Software Development Contracts?

    The term “work-for-hire” is found in many software development contracts, but it is one of most misused phrases.  Typically, companies needing certain software developed will enter into a written contract with an independent contractor and insert the magical phrase “work-for-hire,” thinking it will automatically assign ownership of the intellectual property to the company.  However, works created by independent contractors can constitute a “work-for-hire” only in very limited instances. Works created by an independent contractor can constitute a “work-for-hire” only if: (1) the work is specifically ordered or commissioned; (2) the parties expressly agree in a signed written agreement that the work ...

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    Monday, March 21st, 2016

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  • Managing Expectations at the Negotiating Table

    Managing expectations is critical to forming and keeping rewarding relationships with clients, colleagues, employees, and virtually anyone else you come across in business.  It’s therefore not surprising that it’s just as important to manage expectations when you’re at the negotiating table. Research has shown that parties to a negotiation can have vastly different feelings about the exact same result achieved in negotiation, based in part on their expectations going in.  For example, before a meeting to discuss a shareholder buyout, you may expect that your adversary will agree with your proposed price.  You predict that the meeting will focus instead on ...

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    Monday, March 21st, 2016

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  • Have Plan, Will Practice

    By Kyle Barr When they come out of law school, attorneys often understand the law better than they understand how to run a business. Many, like Thomas Foley, had to find that out on their own. “I was ready to be a lawyer, but I was not ready to be a business person,” said Foley, a partner at Foley Griffin in Garden City, who co-founded his firm in 1997. Now a seasoned business owner, Foley, also an assistant dean of the Nassau Academy of Law, has hosted two seminars at the Nassau County Bar Association on the creation of business plans for law practices. ...

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    Tuesday, March 15th, 2016

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  • May 26 – CLE: Intellectual Property Considerations in Business Transactions and 2016 Update

    Please join us on Thursday, May 26 for a complimentary CLE focusing on critical updates in the intellectual property arena as well as how IP issues arise in business transactions.  Presented by Eryn Y. Truong, Esq., chair of our Intellectual Property & Technology department, this course will address key IP clauses in M&A agreements, licensing issues, and the impact of recent legislative developments and case law on corporate transactions. The application for New York accreditation of this course is currently pending. Thursday, May 26, 2016 5:00 p.m. – 7:00 p.m. Campolo, Middleton & McCormick, LLP 4175 Veterans Memorial Highway, Suite 400 Ronkonkoma, NY 11779 This seminar is free ...

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    Friday, March 11th, 2016

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  • 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 tips for hiring employees.

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    Friday, March 04th, 2016

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  • 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 the importance of customer service and corporate culture.  

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    Friday, March 04th, 2016

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  • February 2016 CMM Newsletter: Campolo Voted Best Lawyer, Payroll Loopholes Eliminated, Estate Plans and More

     

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    Thursday, February 25th, 2016

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  • Long Island High Technology Incubator (LIHTI) Welcomes Campolo to Board of Directors

    Campolo, Middleton & McCormick, LLP is pleased to announce that the Long Island High Technology Incubator (LIHTI) has welcomed managing partner Joe Campolo to its Board of Directors.  Affiliated with Stony Brook University, the nonprofit is dedicated to providing support, resources, and services to new technologically innovative companies. “As an active Stony Brook alum and supporter, I have long admired LIHTI’s track record of serving startup companies in the technology sector,” Joe said.  “LIHTI’s goal is to help businesses grow, which aligns exactly with our mission at CMM.  I’m really excited to share what I’ve learned from working with our tech ...

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    Thursday, February 25th, 2016

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  • Little-Known Payroll Avoidance Loopholes Eliminated in New York

    New York business owners, take note: loopholes offering the potential to avoid personal liability for unpaid wages to employees have been recently eliminated.  Prior to these changes, owners of New York limited liability companies, as well as owners of LLCs and corporations created outside of New York (for example, Delaware), were not personally liable for paying wages to their New York employees.  Now, owners of New York corporations and LLCs, as well as owners of corporations and LLCs created outside of New York, could be personally liable for failure to pay wages. An amendment to the law on limited liability companies ...

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    Monday, February 22nd, 2016

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  • Abracadabra! Delaware Court Does Away with “Magic Words” for Valid Anti-Reliance Provisions

    Integration clauses typically state that an agreement is the entire and only agreement between parties, superseding any prior written or oral agreements.  Similarly, “anti-reliance” language provides that the only representations on which the parties relied in deciding to enter the contract are those within the contract itself.  Integration and anti-reliance clauses are commonly found in M&A agreements and contracts for other complicated transactions.  The rationale behind such language is to limit a party’s recourse for misrepresentations made outside the agreement.  The enforceability of such clauses varies by jurisdiction.  As a recent Delaware Court of Chancery decision indicates, the law is ...

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    Friday, February 19th, 2016

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Fred Eisenbud