• Problems with Joint Bank Accounts

    Most of my senior clients want to be able to transfer their assets to their children in the simplest and quickest way possible.  The way they usually want to do this is by adding their child’s name to one or more of their bank accounts.    If you don’t think about it too hard, the logic makes sense.  Most parents want to assure that their bills, mortgages, insurances or even funerals get paid for should something happen to them.  Yet most senior clients and children don’t realize the risk that this small change in their accounts creates. Even though I think that ...

    cmandm

    Monday, November 24th, 2014

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  • November 2014 Legal Brief – Firm Newsletter

    November 2014 Legal Brief – Firm Newsletter

    cmandm

    Monday, November 24th, 2014

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  • Tips for Protecting Trade Secrets

    Any information that is unique to your company but isn’t public knowledge can be considered a trade secret and, in many cases, can be protected under both state and federal law. As your company grows in the competitive marketplace, it becomes even more important to identify the company’s most important information, then build trade secret protection into the company’s employment policies and technology systems. The key question to trade secret law is whether your company has taken reasonable measures to protect the secret.  Companies have to be proactive and think ahead.  Trade secrets, unlike other forms of intellectual property, can be easily ...

    cmandm

    Monday, November 24th, 2014

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  • Aereo Update: Case Volleys Back to Trial Court

    This blog has previously reported on American Broadcasting Co. v. Aereo, a dispute between television broadcasters and a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” For around $10 a month, subscribers could record shows and watch live and recorded programming from their mobile devices. In June, finding that Aereo’s resemblance to traditional cable companies was “overwhelming,” the Supreme Court determined that Aereo’s service conflicted with copyright law requiring the copyright owner’s permission for a public performance of the protected work. “Performance” includes retransmission to the public, and the Court was not swayed by Aereo’s argument ...

    cmandm

    Monday, November 24th, 2014

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  • Deal Protection: An M&A Negotiation Lesson

    Protegrity Advisors recently published a Long Island M&A Report, highlighting the strong M&A activity on Long Island, even as the country navigates what might be best described as a modest economic recovery. The full report can be read here. As the report dives into the statistics and metrics, it’s important to remember the very foundation of these transactions – negotiations. The world of M&A is all about negotiations and there’s a lot to me learned from these sometimes complex business transactions. Published previously in the Harvard Law School Program on Negotiation Daily Blog on September 19, 2011, is an article entitled “Negotiation ...

    cmandm

    Wednesday, November 12th, 2014

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  • Safe Harbor Update

    On October 3, 2014, the Office of the Inspector General for Health and Human Services (“OIG”) published a proposed rule that revises the Safe Harbor under the Anti-Kickback Statute concerning discounted or complimentary transportation services that medical providers can provide to patients. See 79 Fed. Reg. 59717 (October 3, 2014).  Medical providers should welcome this much needed update, as the “nominal value” rule has declared many providers’ plans to provide complimentary transportation for their patients illegal. In the past, the OIG declared that under the legislative intent of the Civil Monetary Penalties Law and the Anti-Kickback Statute, Congress intended that the statutes ...

    cmandm

    Sunday, November 09th, 2014

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  • No Rescission of Contract in Dental Practice Sale Gone Bad

    While the sale of a business is a common occurrence, courts are often looked upon to interpret the terms of the relevant sale documents associated with the transaction when either the buyer or seller is alleged to have breached certain obligations post-closing. This was the case in a recent decision in the Suffolk County Commercial Division in Huntington Village Dental, P.C. v. Rathbauer, et a. (J. Whelan). In Rathbauer, plaintiff Huntington Village Dental, P.C. (“HVDPC”) purchased a dental practice from John F. Rathbauer, DMD, LLC (“Rathbauer LLC”), evidenced by an Agreement of Sale, Promissory Note, and Bill of Sale, all dated June ...

    cmandm

    Sunday, November 09th, 2014

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  • The Art of Making Objections

    By: Bernadette Starzee  “Objection, your honor!” It’s a line that fans of shows like “Law & Order” and “Boston Legal” have heard hundreds of times. But while TV lawyers make objections look easy, it’s not so simple when there’s no script or retakes. “Young lawyers especially fear the use of objections,” said Jeffrey Kimmel, a partner at Salenger, Sack, Kimmel & Bavaro in Woodbury. “You have to object in real time, and since you don’t know in advance what your adversary is going to say, you don’t know if it will be objectionable. You have to decide on your feet the reason for ...

    cmandm

    Sunday, November 09th, 2014

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  • Nov 17 – CMM Bridgehampton Exec Breakfast – POSTPONED

    POSTPONED, New DATE TBD November 17, 2015 Tax Update Presented by Thomas Terry, CPA Join us as Thomas Terry, of Markowitz, Fenelon & Bank discussing the  latest developments on federal and New York taxation, including techniques and tax planning ideas – perfect for business owners getting ready to wrap up the year. Topics include: Net Investment Income Tax Affordable Care Act – what it means to the employer and employee Proposed legislation, including new equipment regulations Same sex couple developments EVENT DETAILS: 8:30am – 9:00am Arrival and Breakfast 9:00am – 9:45am Presenting Speaker 9:45am – 10:00am Q&A and Discussion REGISTRATION: All events are FREE but registration is required. Complimentary breakfast will be served. LOCATION: CMM’s Bridgehampton office, 2495 Montauk Highway, ...

    cmandm

    Saturday, November 01st, 2014

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  • October 2014 Legal Brief – Firm Newsletter

    October 2014 Legal Brief – Firm Newsletter

    cmandm

    Wednesday, October 29th, 2014

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Fred Eisenbud