• DWI – To Blow or Not to Blow?

    Lately, it seems not a weekend goes by without another news story about a DWI crash into a house, or tragically, a fatality.  With such horrible trends continuing, law enforcement is sure to step up DWI prevention through checkpoints and aggressive policing. As a DWI defense attorney, I am always asked: “If I am arrested, should I blow or refuse?”  This seemingly simple question is actually rather complex.  Many factors affect whether taking the chemical breath test is a good or bad idea.  For example, there may have been an accident involving a fatality or serious injury; the driver may have ...

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    Tuesday, October 20th, 2015

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  • “Happy Birthday to You” Lyrics May not be Copyrighted

    Most people sing “Happy Birthday to You” without even thinking it might be protected by copyright.  But since 1988, Warner/Chappell Music has been enforcing its alleged copyright in the song and has collected an estimated $2 million per year in royalties. However, on September 22, 2015, after two years of litigation, a U.S. District Court judge declared that the copyright claimed in the lyrics to the song “Happy Birthday to You” is invalid. The lawsuit was brought by several artists against Warner/Chappell Music challenging the copyright and seeking the return of the licensing fees that have been collected. The origins of the song ...

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    Tuesday, October 20th, 2015

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  • Cleaning Up Contaminated Properties

      Owners and would-be developers of property that contains environmental contamination face some tough choices: leave the contamination in place and hope that there is no government enforcement action or third party damage claim, clean it up on your own, or clean it up with government oversight.  For many years, the State of New York has had a program to encourage the latter course of action.  The incentive for those who participate in the State’s Brownfield Cleanup Program (“BCP”) is threefold.  First, at the end of the remediation, the applicant receives a Certificate of Completion, which indicates that the cleanup has ...

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    Tuesday, October 20th, 2015

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  • Court Rules Terminated Employee’s Stock Options Did Not Vest Upon Termination; Complaint Dismissed

    The Commercial Division in Monroe County, New York recently decided an interesting case, Kellman v. Document Security Systems, Inc. (Rosenbaum, J.), that dealt with a topic familiar to many employers: vesting of stock options to a terminated employee under an employment agreement. Defendant Document Security Systems, Inc. (“DSS”) develops, licenses, manufactures and sells anti-counterfeiting technology and products. Co-Defendant Secuprint, Inc. (“Secuprint”) is a subsidiary of DSS which was created to acquire assets of another company, DPI of Rochester LLC (“DPI”), a printing company owned by Plaintiff, Matthew Kellman, and another individual.  When DPI’s assets were acquired, Kellman was hired by DSS ...

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    Tuesday, October 20th, 2015

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  • Oct 29 – East End Executive Business Breakfast

    Please Join Us for the East End’s First Executive Business Breakfast A forum for networking and learning. Together with Markowitz, Fenelon & Bank, LLP, we recognize the need for East End businesses to have a platform to meet other East End businesses, build relationships, share referrals, and learn something new. October 29th, 2015 8:00 am to 10:00 am We Invite You to Join Us at the Sea Star in Riverhead as Rich Isaac of Sandler Training Presents… LinkedIn – A Business Relationship Tool Learn How To Use LinkedIn to Increase Sales and Grow Your Business You’ll learn: • Powerful, insider best practices for LinkedIn for effective social selling • The value of ...

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    Tuesday, October 06th, 2015

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  • September 2015 Legal Brief – Firm Newsletter

    September 2015 Legal Brief - Firm Newsletter

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    Wednesday, September 30th, 2015

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  • Earnout Payments and the Implied Covenant of Good Faith

    Summary An earnout is a contractual provision in an agreement for the purchase and sale of a business in which the Seller’s receipt of payment is contingent upon or varies with achievement of certain business goals, such as revenue or profitability targets (a sample is available under “the Earnout Provision,” below). Under Delaware Law, the Implied Covenant of Good Faith and Fair Dealing (Implied Covenant) prohibits the Buyer of a business from purposefully interfering with the Seller’s earnout.  However, the Implied Covenant does not, in itself, obligate a Buyer to create conditions for a Seller to receive an earnout if those ...

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    Friday, September 25th, 2015

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  • The Estates of the Rich and Infamous

    Being rich and famous doesn’t always mean that you’ve got a good estate plan, and there’s no guarantee that there won’t be estate litigation contests. Here are just some examples of things that can go wrong. Sometimes it doesn’t even get to the estate plan.  In the case of famous DJ and radio personality Casey Kasem, his second wife and his daughter (from his first marriage) disagreed over having him cremated and where to bury him.  Despite a court order, the wife had the body moved to Montreal and eventually had him buried in Oslo, Norway.  In New York, he could ...

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    Friday, September 25th, 2015

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  • SAPA and Timely and Sufficient DEC Permit Renewal Applications

    As published in the September issue of the Suffolk Lawyer On August 27, 2015, Newsday reported that Baykeeper, an environmental group, intends to commence a lawsuit against the New York State Department of Environmental Conservation (“DEC”) and National Grid because the effluent from the Northport power plant is killing millions of fish each year.  The article notes that the DEC’s permit for the power plant expired in 2011, “but under state rules it can operate while its application is reviewed.” The referenced “state rules” are the subject of this article, but the focus is on clients you may have who require permits ...

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    Friday, September 25th, 2015

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  • Starting a Successful Business

    As a self-proclaimed serial entrepreneur, I find myself immersed in the startup entrepreneurial ecosystem, specifically here on Long Island. I thrive on the process of taking an idea, helping to make it a product, and helping to build a business around it.  To have the power to take something from “all talk” to “all action” and to build wealth from it is incredibly empowering. I’d like to use this blog platform as a resource to anyone looking to take a leap into entrepreneurship and bring their business startup dreams to life. I believe anyone can make this transition.  No matter ...

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    Friday, September 25th, 2015

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Fred Eisenbud