• Kanter Elected Secretary of Pet Peeves Board of Directors

    Lauren Kanter, an attorney at Campolo, Middleton and McCormick in Ronkonkoma, was elected secretary of the board of directors of Pet Peeves Inc., a Woodbury-based pet charity.

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    Wednesday, June 25th, 2014

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  • Is Prepaid Rent Recoverable if a Lease Terminates Early?

    What happens when rent is prepaid under a lease but the lease is purportedly terminated prior to the expiration of the term? The Court of Appeals in Eujoy Realty Corp. v. Wagner Communications, LLC addressed this issue.1 Landlord Eujoy owned a building in Queens with a steel frame structure on the roof for the placement of billboard advertisements. Tenant Van Wagner considered the billboard desirable because of its visibility to passing traffic on the Long Island Expressway. Van Wagner leased the billboard for a 15-year term commencing December 1, 2000 and ending September 30, 2015. The lease specifically provided for the payment ...

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    Monday, June 23rd, 2014

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  • When is a Public Volunteer an Employee? The Fair Labor Standards Act and Municipalities

    During the course of any given week, I encounter numerous volunteers at the Town programs in which my two sons participate. Sometimes, work schedule permitting, I am even one of those volunteers. Given current budget constraints, volunteers are needed to keep some municipal programs operating. As with private employers, however, sometimes a “public” volunteer is really an employee. Towns and Villages need to be careful to avoid adverse findings by the Federal and New York State Departments of Labor. The Federal Fair Labor Standards Act (“FLSA”) requires both public and private entity employees to be paid minimum and overtime wages. The ...

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    Sunday, June 15th, 2014

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  • Supreme Court Holds that Competitors May Bring False Advertising Claims Challenging Food and Beverage Labels Regulated by the FDA

    Perhaps Coca-Cola should stick to soda. A unanimous Supreme Court held this month that competitors may bring false advertising claims under the federal Lanham Act – even if the challenge is to food and beverage labels regulated by the Food and Drug Administration under the federal Food, Drug, and Cosmetic Act (“FDCA”) (which prohibits the misbranding of food and drinks). See POM Wonderful LLC v. Coca-Cola Co., No. 12-761. POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry blend. Coca-Cola’s Minute Maid division makes and markets a juice blend bearing the label “POMEGRANATE BLUEBERRY” in all capital letters above ...

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    Tuesday, June 10th, 2014

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  • Protecting Your Assets – Part II

    Last month I started a discussion about how to protect our assets so we actually have something to pass to our heirs upon our death. I mainly talked about how the government tries to reduce our estate by way of taxes. This month the discussion moves to the cost of long term care, and how to minimize that cost. As previously stated, the cost of care in New York can run anywhere from $6,000 per month for home care to over $15,000 per month for nursing home care. That’s a lot of money to go through! Doing the math, that’s over ...

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    Monday, June 09th, 2014

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  • May 2014 Legal Brief – Firm Newsletter

    May 2014 Legal Brief – Firm Newsletter

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    Friday, May 30th, 2014

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  • The Madman Theory of Negotiations

    Decades ago, Richard Nixon popularized the “madman theory” of negotiations. It suggested that demonstrating a willingness to consider “madness”in action would provide you with negotiating leverage. If your adversary believed that you really might do something extreme or even self-destructive, then you held more of the negotiating power, even if you were too rational ever to actually carry out the threat. Consider tryingthis madman approach when you negotiate your next business deal: start by being nice and cheerful, then flash some anger. Repeat as often as necessary, but always in that order. Never start with anger. It will throw your opponents ...

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    Tuesday, May 27th, 2014

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  • New Bill May Change Nation’s Trade Secret Laws

    A new bill has been introduced in Congress seeking to add a federal civil cause of action for trade secret theft. The “Defense of Trade Secrets Act of 2014″ would permit a trade secret owner to bring a civil action for a violation of the Economic Espionage Act, which makes the theft or misappropriation of a trade secret a federal crime. Unlike patents, copyrights, and trademarks, there is no federal civil cause of action for trade secret misappropriation. Today, trade secrets are protected only under state law, common law or contracts. However, with the increase in companies relying on trade secret protection ...

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    Tuesday, May 27th, 2014

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  • June 28 – Campolo to Present CLE on Negotiation Strategies and Ethics

    Some people believe that effective negotiators are born, not made, but this presentation will prove them wrong.  Join Joe Campolo as he shares the alternative negotiation strategies he relies on as a law firm managing partner and business owner to solve problems and get deals done.  The CLE course will take place on Tuesday, June 28 at the Hofstra University Club, 225 Hofstra Boulevard in Hempstead, from 8:30 a.m. to 10:10 a.m. (registration from 8:00 a.m.).  The seminar has been approved for both newly admitted and experienced attorneys for 2 New York CLE credits (1.5 Skills, 0.5 Ethics).  This course ...

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    Monday, May 26th, 2014

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  • June 29 – Secured Transactions CLE

    Please join us on Wednesday, June 29 for a complimentary CLE on Secured Transactions presented by managing partner Joe Campolo.  This survey on the ins and outs of security interests will cover attachment, perfection, default, remedies, and tips for drafting security agreements.  Attendees will receive crucial guidance on the role of Article 9 of the Uniform Commercial Code in corporate transactions. The course has been approved for 2.0 CLE credits (1.5 Professional Practice, 0.5 Skills) and is appropriate for both newly admitted and experienced attorneys.   Wednesday, June 29, 2016 8:30 a.m. – 10:30 a.m. Campolo, Middleton & McCormick, LLP 4175 Veterans Memorial Highway, Suite 400 Ronkonkoma, ...

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    Sunday, May 25th, 2014

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Fred Eisenbud