• Ban on “Disparaging” Trademarks Struck Down

    On June 19, 2017, the U.S. Supreme Court struck down a 70-year-old provision under the Lanham Act that barred the federal registration of disparaging trademarks.  In Matal v. Tam (15-1293), the Court held that that the disparagement clause was an unconstitutional restriction on speech and the U.S. government cannot refuse to register a trademark based on the offensiveness of the mark. In Tam, the controversy arose from a rejected trademark application for THE SLANTS by an Asian-American dance rock band.  The United States Patent & Trademark Office (USPTO) denied the application based on the federal provision barring the registration of disparaging ...

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    Friday, July 28th, 2017

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  • Thinking Positively About International Compliance

    Companies tend to think about corporate functions as one of two things: a revenue center or a cost center.  An employee or division of a company either makes money or costs money. Human Resources, for instance, is typically considered a supporting function: a cost center.  A sales team, by contrast, is a revenue center.  Companies tend to think of international compliance programs, such as the Foreign Corrupt Practices Act (FCPA), international sanctions, or anti-money laundering, as cost centers.  In other words, companies spend money to comply with these laws and regulations because they must. Truly successful companies, however, think positively about ...

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    Friday, July 28th, 2017

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  • Don’t Be Afraid to Have a Plan B in Negotiation

    There are many myths in negotiation.  Among them: effective negotiators are born, not made.  Experience is all you need to be a good negotiator.  The strong negotiator never exhibits empathy.  And perhaps the most stubborn myth?  That having a Plan B makes you weak and gives you an easy out, preventing you from ever achieving your Plan A. In their iconic bestseller Getting to Yes: Negotiating Agreement without Giving In, Roger Fisher and William Ury coined the term “BATNA” – or “Best Alternative to a Negotiated Agreement” – to describe what is essentially a Plan B.  Of all your possible alternatives, ...

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    Friday, July 28th, 2017

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  • Attorney: Smithtown Animal Shelter Director Fired After Hearing

    By Nicholas Spangler  nicholas.spangler@newsday.com Smithtown’s animal shelter director, who was suspended earlier this year over accusations that the facility had become chaotic and filthy, was fired this week, an attorney for the town said. The Town Board voted 5-0 on Tuesday to terminate an unnamed employee, and Town Supervisor Patrick Vecchio would not comment on the matter this week. But Scott Middleton of Campolo, Middleton & McCormick, the attorney who represented the town in a disciplinary hearing this spring for former director Sue Hansen, confirmed Thursday that the board had terminated Hansen. The independent hearing officer who had presided over that four-day hearing, James Clark, had ...

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    Friday, July 28th, 2017

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  • September 27 – Malafi to Present at “Law School for Insurance Professionals”

    CMM partner Christine Malafi will present at “Law School for Insurance Professionals” on the topic of “Legal Procedures and Nuances that Impact a Claim.” Christine’s talk will address how procedural hurdles such as collateral source, contribution, offset and pre/post judgment interest affect claims in comparison to substantive steps faced in litigation like IME results, appealing judgments, and a bankrupt insured.  Attend to receive insights and updates on current legal issues that the savvy insurance professional won’t want to miss! Program details: September 27, 2017 – 8:30 a.m. Inn at Fox Hollow, 7755 Jericho Turnpike, Woodbury, NY Co-sponsored by the New York State Bar Association, the ...

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    Friday, July 21st, 2017

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  • September 27 – Malafi to Present at “Law School for Insurance Professionals”

    CMM partner Christine Malafi will present at “Law School for Insurance Professionals” on the topic of “Legal Procedures and Nuances that Impact a Claim.”  Her presentation will help insurance professionals understand how procedural hurdles such as collateral source, contribution, offset and pre/post judgment interest affect claims in comparison to substantive steps faced in litigation such as IME results, appealing judgments, and a bankrupt insured.  The program promises insights and updates on current legal issues that the savvy insurance professional won’t want to miss! Program co-sponsored by the Insurance Federation of New York, Inc., the New York Insurance Association, and the New York ...

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    Friday, July 21st, 2017

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  • September 26 – Yermash Shares Insights with Entrepreneurs at “LLCs, LLPs, DBAs & More: The Alphabet Soup of Entity Selection”

    You’re ready to start a business – congratulations! Before leasing space, hiring employees, or landing your first client, you’ll have to choose an entity type for your new endeavor.  C-Corps, S-Corps, and LLCs, to name a few: each entity type comes with its own set of advantages and disadvantages depending on the nature of your business.  Learn from a corporate attorney about the features of various common entity types, the pros and cons of each, and how to decide which makes sense for your business.  The program will also address why so many businesses incorporate in Delaware and how to ...

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    Friday, July 21st, 2017

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  • Summer Repairs Mean a Better LIRR Is on Its Way

    By Mitchell H. Pally Published in Long Island Business News, July 17, 2017 Mitchell H. Pally is an MTA board member representing Suffolk County. As the Long Island Rail Road enters a summer of 2017 with significant challenges from a variety of issues, including the extensive repairs being undertaken by Amtrak at Penn Station, it may be difficult to envision a much more efficient and safer system, unimpeded by various infrastructure impediments.  However, if we can all get though the current short-term frustrations, the longer term will provide such a system.  There are significant improvements on the way which will lead to a much ...

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    Thursday, July 20th, 2017

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  • In a Victory for the Election Process, CMM Secures Certification of Election Results as Special Counsel to Village of Poquott

    In its role as Special Counsel to the Village of Poquott and Of Counsel to the Village Attorney for the Village of Poquott, Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Ronkonkoma and Bridgehampton, successfully secured the certification of the results of the recent village trustee election.  The outcome is a victory for the Village of Poquott and the election process. Although Poquott officials maintained that the Suffolk County Board of Elections certified the final vote tallies in the June 20 election, Deborah Stevens, a candidate who lost her bid for one of the two open trustee ...

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    Thursday, July 20th, 2017

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  • Poquott Candidate Drops Suit Challenging Election Results

    by Carl MacGowan   A Poquott trustee candidate who fell two votes short in her bid for a seat on the village board has withdrawn her lawsuit challenging the outcome of the June 20 vote. Debbie Stevens dropped her lawsuit against the village earlier this week after lawyers determined that legal papers filed by her attorney lacked details needed for the case to go forward. A hearing was to have been held Thursday before state Supreme Court Judge John J. Leo in Central Islip. Incumbent trustee Jeff Koppelson and candidate John Richardson had defeated Stevens and two other candidates in voting last month. Stevens said ...

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    Thursday, July 20th, 2017

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Fred Eisenbud