• 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

    (0)

    Read More >
  • Tiger Salamanders and Industrial Scale Solar Facilities in Suffolk County

    I have previously written blogs that have questioned LIPA’s focus on industrial scale solar projects in Suffolk County.  Dyed-in-the-wool environmentalists find this blasphemous, and feel particularly betrayed by the author, who has focused his practice on environmental law and litigation for more than thirty years.  The rationale for their unquestioned fealty to solar regardless of how it is obtained appears to be the need to immediately address the impacts from global warming, particularly rising tides, regardless of cost or other impacts, because there is an urgent need to reduce our carbon footprint. Let me be absolutely clear from the outset: I ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • Queens Court Upholds No-Fault Payment Eligibility for Chiropractic Practice Despite Illegal Fee-Splitting

    In H&H Chiropractic Services, P.C. a/a/o Jesus Jimenez v. Metropolitan Property and Casualty Insurance Company ruling.  Specifically, using Malella, insurers have convinced courts time and again to disallow payments to medical providers or chiropractors who violate Mallela’s prohibition against fraudulent incorporation.  Under Mallela, the New York Court of Appeals held that professional practices may not bill no-fault insurance carriers for services if the professional entity has been “fraudulently incorporated.”  Traditionally, “fraudulent ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • Legal Fees or No Legal Fees – Court Determines Reasonableness

    Generally speaking, the two ways a party can recover attorneys’ fees if it is successful in litigation are: (1) by statute based on the claims asserted; or (2) by contract if the parties include a provision entitling the successful party to recover attorneys’ fees.  While parties often believe this entitles them to a dollar for dollar reimbursement for attorneys’ fees, Courts will award only “reasonable” attorneys’ fees.  Courts are often looked upon to analyze the reasonableness of attorneys’ fees.  A recent decision from the Commercial Division in Kings County provided a thorough analysis of the factors Courts look at in ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

    If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015. The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a patent in 1990.  Kimble brought a patent infringement suit against Marvel Enterprises Inc. several years later when the company began distributing a similar toy.  After years of litigation, Marvel purchased the patent and agreed to pay royalties to Kimble.  The agreement did not include an expiration ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • United States Supreme Court Rules on the Accommodation of Pregnant Workers

    Last year, I wrote about the then-new pregnancy guidelines issued by the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), which apply to all employers with more than fifteen employees. While a “normal” pregnancy does not constitute a disability under the ADA, it is a serious health condition under the Family Medical Leave Act (FMLA), entitling a pregnant employee to FMLA leave. The EEOC’s 2014 Guidelines addressed the “middle” ground, where a pregnant employee is not “disabled” and does not seek leave, but requests light duty instead. The EEOC requires ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • The Uniform Bar Exam Comes to New York for July 2016

    By Scott D. Middleton, Esq. May 20, 2015 Let me begin by saying that I am not a fan of the uniform bar exam (“UBE”). There was a time when the uniqueness of New York (and most other states for that matter) truly meant something. That, of course, included being a New York attorney. Now we’re moving to join 15 other states in the march toward the nationalization of the bar exam. When was the last time anything being nationalized worked out for the better? The founding of this country was premised upon the unique and differing qualities of the various states. Here in ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • Estate Planning for People with Vacation Homes

    Now that spring is finally here, people start to make plans to spend time in their vacation home.  Then they start to think, what happens to this home if I die?  The first thing you need to do is check whose name is on the title.  Is it just in your name, or is it you and your spouse or your siblings?  When two spouses hold a title jointly, there are certain automatic survivorship rights. If both spouses’ names are on the title, the property passes directly to the surviving spouse upon the death of the first spouse.  This is called ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • CMM Welcomes the Law Office of Frederick Eisenbud, THE Environmental Law Firm

    Campolo, Middleton & McCormick Welcomes the Law Office of Frederick Eisenbud, THE Environmental Law Firm Ronkonkoma, NY – Campolo, Middleton & McCormick LLP, a premier law firm, is pleased to announce that Frederick Eisenbud has joined the firm Of Counsel and is bringing his Commack-based environmental law firm practice to CMM’s team, effective May 2015, increasing our capacity to serve a broad range of client needs. As the founder of the Law Office of Frederick Eisenbud, THE Environmental Law Firm, Fred will head CMM’s new environmental practice group, focusing on environmental law and litigation concerns of individuals, companies, municipalities, and community groups. ...

    cmandm

    Thursday, May 07th, 2015

    (0)

    Read More >
  • April 2015 Legal Brief – Firm Newsletter

     

    cmandm

    Thursday, April 30th, 2015

    (0)

    Read More >
Fred Eisenbud