• Supreme Court Rules that Attorneys Cannot be Awarded Attorneys’ Fees in Defending Their Own Fee Applications

    Dating back at least to the 18th century, the “American Rule” provides that each litigant pays his or her own attorneys’ fees, regardless of the outcome, unless provided otherwise by statute or a contract between the parties.  Justice Thomas, writing for the majority in the Supreme Court’s June 15, 2015 decision in Baker Botts v. ASARCO, LLC, referred to this rule as a “bedrock principle” that would serve as the Court’s basic point of reference in evaluating this dispute from the Fifth Circuit. The case stemmed from defense of a bankruptcy fee application by two law firms that had represented respondent ...

    cmandm

    Monday, June 22nd, 2015

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  • Joint Accounts May Be a Poor Estate Plan

    Many of my senior clients see joint ownership of all their assets (such as investment accounts, bank accounts and real estate) as a cheap and easy way to avoid probate since joint property passes automatically to the joint owner at death.  They feel that joint ownership can also be an easy way to plan for incapacity since the joint owner has the immediate ability to pay bills and manage investments.  These are all true benefits of joint ownership, but there are a number of potential drawbacks that I feel greatly outweigh the benefits. The first drawback is that there’s an inherit ...

    cmandm

    Monday, June 22nd, 2015

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  • Common Myths About “Fair Use” of Copyrighted Works

    In general, fair use is the copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.   Such uses are done without permission from the copyright owner.  Therefore, fair use is a defense against a claim of copyright infringement.  If your use qualifies as fair use, then it would not be considered an infringement. There many myths and misconceptions about what constitutes copyright infringement and fair use.  Below are some common myths and an explanation of the rules. Myth 1:  If a work does not have a © symbol, it is ...

    cmandm

    Monday, June 22nd, 2015

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  • LIPA, SEQRA and Commercial Solar Power Plants in Suffolk County: Every Approval of a Power Purchase Agreement by LIPA Before the Lead SEQRA Agency Acts Is Null and Void

    By Frederick Eisenbud, Esq. June 15, 2015 On January 1, 2003, Article 10 of the Public Service Law, which provided a fast track regulatory system for the siting of major electrical generating facilities (i.e., those with a rated capacity of 80 MW or more), lapsed.  Prior to that, to avoid having to go before a Siting Board and the extensive public review process required by Article 10, which included review of environmental impacts and required applicants to put up money to help the public intervene with expert help, private companies that wanted to construct so-called peaker plants (whose output would be used ...

    cmandm

    Monday, June 15th, 2015

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  • Judge Temporarily Blocks Solar Farm in Shoreham

    by MARK HARRINGTON / mark.harrington@newsday.com A state court judge Tuesday issued a temporary restraining order blocking construction of a controversial solar farm in Shoreham despite claims by the project’s developer that delays were costing $15,000 a day in lost profits. State Supreme Court Justice Andrew Tarantino Jr. issued the six-day order until a scheduled court appearance next week by attorneys for developer sPower and residents opposed to the project. Shoreham residents who live near the proposed solar array have filed suit against sPower, alleging that proper environmental reviews were never conducted. Some who live near the proposed 60-acre, 9.5-megawatt array also say it ...

    cmandm

    Wednesday, June 10th, 2015

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  • May 2015 Legal Brief – Firm Newsletter

    May 2015 Legal Brief – Firm Newsletter

    cmandm

    Monday, June 01st, 2015

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  • Joe Campolo on air 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 his latest article in the Long Island Business News, Note from my grandmother – Spit out the pacifier.  Listen to the interview here.

    cmandm

    Monday, June 01st, 2015

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  • Note from My Grandmother – Spit Out the Pacifier

    Lately, I’ve heard business leaders complain about the economy, trouble attracting high-paying customers, a lack of skilled workers, employees not pulling their weight and taxes as reasons for business not doing well. It’s time for Long Island business leaders to realize that we – not the government or anyone else – are responsible for the future of work and life on Long Island. We must take action to protect the amazing ecosystem of resources available to the business community here instead of merely complaining and wishing for change. As my grandmother would have said: “It’s time to spit out the pacifier ...

    cmandm

    Friday, May 29th, 2015

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  • How to Negotiate Nicely

    A successful negotiation in today’s business climate is more than walking away with the best possible outcome, it’s about maintaining and building valuable relationships that not only result in mutually beneficial agreements but, more importantly, lead to future deals. Carolyn O’Hara offers her advice, in her article, “How to Negotiation Nicely Without Being a Pushover” published last month in The Harvard Business Review. We all want it both ways: to get what we want from a tough negotiation and to walk away with our relationship intact. The good news is that kind of outcome is possible. But how exactly do you drive ...

    cmandm

    Wednesday, May 20th, 2015

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  • Suffolk County’s Model Commercial Solar Code Should Be Adopted Quickly by Suffolk’s Towns

    By Frederick Eisenbud, Esq. May 20, 2015 On May 6, 2015, the Suffolk County Planning Commission (“Planning Commission”) approved a Model Commercial Solar Code (“Model Code”), which will go into effect in each town, only if adopted by each..  The Model Code is the product of a Utility Solar Model Code Working Group of the Planning Commission (“Working Group”). Participants included representatives from Suffolk County, the Towns of Brookhaven and Riverhead, PSEG-LI, solar installers, and community and environmental groups, among others.  The complete text is available on the website of the Suffolk County Planning Commission:  http://www.suffolkcountyny.gov/Departments/Planning/Boards/SuffolkCountyPlanningCommission.aspx. The genesis of the Working Group was ...

    cmandm

    Wednesday, May 20th, 2015

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Fred Eisenbud