• 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 ...

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    Friday, January 22nd, 2016

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  • 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 ...

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    Friday, January 22nd, 2016

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  • 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 ...

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    Wednesday, December 23rd, 2015

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  • December 2015 Legal Brief – Firm Newsletter

    December 2015 Legal Brief - Firm Newsletter

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    Monday, December 21st, 2015

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  • 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 – ...

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    Friday, December 18th, 2015

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  • 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 ...

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    Friday, December 18th, 2015

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  • 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 ...

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    Friday, December 18th, 2015

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  • 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 ...

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    Friday, December 18th, 2015

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  • 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 ...

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    Friday, December 18th, 2015

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  • Rights to “Santa Claus is Comin’ to Town” Song Pass to Songwriter’s Family

    This time of the year, we all hear the popular Christmas song “Santa Claus is Comin’ to Town,” but what we don’t hear is the ownership dispute over it.  Recently, the Second Circuit ruled that the current rights to the song will end December of 2016, and it will pass to the descendants of one of the songwriters, John Frederick Coots. Tracing the history of the song through decades that also included significant changes in copyright law, records showed that the songwriters had sold the song and copyright to EMI Feist Catalog, Inc. (partially owned by Sony) in 1934.  EMI and ...

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    Friday, December 18th, 2015

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Fred Eisenbud