• Fiduciaries You May Not Want

    In past articles I’ve spoken about how to appoint the proper fiduciaries (executors, trustees, guardians, etc.).  But what about those people that you don’t want? Most of my clients don’t realize that you can “dis-appoint” someone in your documents.  You actually have the ability to add almost any language you want in your documents, whether it’s in your Will or in your trust.  You can use strong language, such as that a specific person should not serve in any circumstances.  Or you can use weaker language, writing that you encourage the court to consider your other nominees, and not to consider ...

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    Tuesday, October 20th, 2015

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  • Medicare Providers: Don’t Let Identity Theft Cost You Money!

    Medicare providers face an alphabet soup of entities seeking to recover “overpayments” from them on behalf of Medicare.  Commonly referred to as Recovery Audit Contractors (“RACs”), these entities include Zone Program Integrity Contractors (“ZPICs”), and they have an aggressive mandate to recover Medicare “overpayments” to providers. We recently represented a physician from whom a RAC sought $850,000 in overpayments for services billed to Medicare.  The liability arose because our client did not have any documentation to support the $850,000 in billed services.  However, our client did not have the supporting documentation because she never performed or billed the services!  It turns ...

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    Tuesday, October 20th, 2015

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  • 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 ...

    cmandm

    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 ...

    cmandm

    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 ...

    cmandm

    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 ...

    cmandm

    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 ...

    cmandm

    Friday, September 25th, 2015

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Fred Eisenbud