• CMM Opens Office in Bridgehampton

    CMM is proud to announce the opening of a new office in Bridgehampton, New York. The new location enables the firm to further expand its client base into the East End of Long Island and provide easier access to its already existing clients in the Hamptons, and surrounding areas. The office is located at 2495 Montauk Highway in Bridgehampton and is headed by Kelly Canavan, who joined the firm as Counsel this year. The full range of Campolo, Middleton & McCormick’s services are available to its clients in the Bridgehampton office. About CMM Located in both the heart of Long Island and on ...

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    Wednesday, October 29th, 2014

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  • Copyright Protection in Selfies Can Help to Prevent Unauthorized Reproduction and Distribution

    Selfies have become a global phenomenon, but what type of protection does one have to prevent the spread of photos that have been hacked? We have all heard the story that broke last month about the hundreds of intimate photographs of numerous celebrities, including Kate Upton and Jennifer Lawrence.   Although questions are still being raised about the security of cloud storage, copyright law may provide the strongest mechanism to stop the unauthorized dissemination of photos. A selfie is a self-portrait photograph typically taken using a camera phone or hand-held digital camera.  These selfies are typically shared on social networking services such as ...

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    Monday, October 27th, 2014

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  • How to Limit Fiduciary Duties in Delaware LLC Agreements

    On August 1, 2013, the Delaware Assembly passed an amendment to Section 18-1104 of the Delaware LLC Act, expressly providing that corporate director-type fiduciary duties apply by default to LLC managers (and members active in the LLC operations). The amended statutory language is shown below, with the change underlined. “§ 18-1104 Cases not provided for in this chapter. In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.” The amended statue was a response to the Delaware Supreme Court decision, Gatz Properties ...

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    Friday, October 10th, 2014

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  • Market Terms in M&A Transactions

    The following checklist is based on a report from the American Bar Association Mergers and Acquisitions Committee, Market Trends Subcommittee, which published a study of 136 private target M&A transactions ranging in size from $17.5 M to $4.7 B, each completed in 2012. 1. Deals with an Earnout: % of deals with an earnout: 25% 2. Length of Earnout: 56% of earnouts last 24 months or less 3. “Material Adverse Effect” defined to include past events that could reasonably be expected to materially adversely affect the target: 93% included. 4. “Material Adverse Effect” excludes “force majeure”-type events (acts of war, general changes in industry, ...

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    Thursday, October 09th, 2014

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  • Women Need an Estate Plan

    I hate to break the news to the guys reading this, but we’re probably going to die before our wives.  First off, older women (65+) have a life expectancy of 20.3 years whereas older men only have an expectancy of 17.7 years, according to the CDC.  Add that to the fact that most women marry guys that are two to five years older than themselves, and you’ve got the makings of a wife becoming a widow before the husband has a chance to become a widower. What that really means is that part of the planning should be to make sure female ...

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    Thursday, October 09th, 2014

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  • Suggested Handling of the Ebola Outbreak for Employers

    With all of the recent news coverage regarding the Ebola outbreak and its entry into the United States, employers need to be prepared to answer related questions and handle related issues. The CDC has stated that the 2014 Ebola epidemic is the largest in history, affecting multiple countries in West Africa, and advises of the specific symptoms and dangers of Ebola.1 Employers should be aware of the OSHA and CDC guidance available, and should communicate with employees and customers to reaffirm that health and safety concerns are taken very seriously and that all legal actions will be taken to protect them. ...

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    Thursday, October 09th, 2014

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  • Negotiation Skills: Confront Your Anxiety, Improve Your Results

    A new research study confirms what many of us have suspected: anxiety about a negotiation is likely to work against you. Published previously in the Harvard Law School Program on Negotiation Daily Blog on November 10, 2014, is an article entitled “Negotiation Skills Confront Your Anxiety Improve Your Results.” The full article can be read here. Researchers Alison Wood Brooks and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania have taken a first look at whether anxiety affects negotiators’ outcomes. In three experiments, the researchers induced anxiety in some of their college student participants by having them listen to frenetic ...

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    Sunday, September 14th, 2014

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  • September 2014 Legal Brief – Firm Newsletter

    September 2014 Legal Brief – Firm Newsletter

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    Friday, September 12th, 2014

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  • Follow Up on Push for Trade Secret Litigation

    Earlier this year, a new bill was introduced in Congress seeking to add a federal civil cause of action for trade secret theft. With the most recent bill introduced by a bi-partisan coalition in the House, there appears to be momentum for the passage of federal trade secrets legislation this fall. The proposed new legislation would permit a trade secret owner to bring a civil action in federal court for the theft or misappropriation of a trade secret. Currently, the Economic Espionage Act only authorizes federal actions by the Attorney General, not private parties, and plaintiffs are left to bring trade ...

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    Friday, August 22nd, 2014

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  • Broadcast Networks Prevail in Aereo Suit

    My January blog post reported that the Supreme Court had recently agreed to hear the case American Broadcasting Co. v. Aereo, focusing on the dispute between television broadcasters and Aereo, a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” Subscribers, who paid between $8 and $12 per month, could use the service to record shows and watch live and recorded programming from their mobile devices. When the Supreme Court heard the case in April 2014, the networks argued that Aereo (and the other start-ups that were sure to follow) threatened retransmission fees – a vital source ...

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    Friday, August 22nd, 2014

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Fred Eisenbud