• Cyber Liability Insurance: What it Protects Against

    Cyber liability insurance is a risk management tool and a form of protection that a business can purchase to limit economic losses from damages and for liability from a potential hacking.  Most industries in today’s world conduct a lot of business through computers and the internet.  While modern technology helps to promote efficiency and organization throughout businesses, the misuse of the technology poses a threat to private information, which may be seen or used by third parties who should not have access to it resulting in potential liability to the business.  On a daily basis, businesses must deal with data ...

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    Wednesday, March 18th, 2015

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  • Selecting Witnesses for Depositions

    By Scott D. Middleton, Esq. March 18, 2015 In litigation, when deciding which employee a corporation should make available for the opposing party to depose, the “corporate entity has the right to designate, in the first instance, the employee who shall be examined.”  Schiavone v. Keyspan Energy Delivery NYC, 89 A.D.3d 916, 917 (2d Dep’t 2011).  The corporation and counsel must decide, based on the totality of the circumstances in the specific case, which employee will testify best.  Remember, opposing counsel will evaluate the likability and credibility of a witness as well as determine how the witness will present to the finder ...

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    Wednesday, March 18th, 2015

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  • Communicating with Parents Is Not Easy

    Our parents have survived a lot.  In addition to raising us, they’ve gone through great depressions, great recessions, and numerous wars.   Now, as they enter their golden years, many of us are being confronted with an uncomfortable role reversal as Mom and Dad become the ones who need care. Just as kids are eager to prove their independence from their parents, parents want to prove to their adult children that they can keep their independence.  More often than not, though, things like paying bills in a timely manner get forgotten.  This becomes a problem when insurance policies get canceled or utilities ...

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    Wednesday, March 18th, 2015

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  • Delaware Chancery Court Determines it has Broad Discretion to Retroactively Ratify Defective Corporate Acts

    On January 30, 2015, the Delaware Chancery Court decided its first case involving Delaware General Corporate Law (DGCL) Sections 204 & 205 (In re Numoda Corp. S’holders Litig., C.A. No. 9163–VCN, 2015 WL 402265 (Del. Ch. Jan. 30, 2015)) (“Nomuda“).  DGCL Sections 204 and 205 permit a corporation or the Court of Chancery to ratify defective corporate acts.  Those sections of the law became effective on April 1, 2014, and provide in part: “(a) …no defective corporate act or putative stock shall be void or voidable solely as a result of a failure of authorization if ratified as provided in this section ...

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    Wednesday, March 18th, 2015

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  • Negotiation Tips: Who Should Make the First Offer?

    A fundamental issue in any negotiation is who should make the first offer. What does the psychological research and negotiation theory say? According to Professor Leigh Thompson Northwestern University Kellogg School of Management, “there is a widespread, almost unquestionable, assumption that it is wise and strategic to let the other person talk first—and that it is suicidal to make the first offer.” In his article, “Negotiation Tips: Who’s on first?,” he goes on to discuss that there is virtually no research that supports the claim that letting the other party open first is advantageous. In fact, it he claims it can backfire—and ...

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    Wednesday, March 18th, 2015

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  • Can an At-Will Employee Be Bound by a Pre-Dispute Resolution Agreement Contained Within a Non-Binding Employee Handbook?

    Based on a recent decision from the Commercial Division in Westchester County (J. Scheinkman), the answer is yes.  The case of Graham, et al. v. Command Security Corporation was commenced as a class action by Richard Graham (“Graham”) on behalf of himself and all other security guards similarly situated against his former employer Command Security Corporation (“Command”).  Graham’s claims related to the alleged failure of Command to, inter alia, pay Graham and other security guards prevailing wages under New York Labor Law and other wage and hour law violations.  After Graham commenced the lawsuit in Supreme Court, Command filed a ...

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    Wednesday, March 18th, 2015

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  • July 27: Joe Campolo Honoree at the 2015 Suffolk County Girl Scouts Golf Classic

    CMM is proud to share that Joe Campolo has been chosen as the honoree for the 2015 Suffolk County Girl Scouts Golf Classic & Grand Cocktail Reception on July 27. 2015 at the Nissequogue Golf Club. We invite you to join us for a day on the greens. Proceeds from the Girl Scouts’ Golf Classic will provide scholarships for children for STEM programs. Yvonne Grant, President/CEO of the organization shared that they are “delighted to honor Joseph, as his impressive tenure of community service and giving back to others aligns with our mission of building the strong, confident leaders of tomorrow.” Schedule 10:30AM: Registration ...

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    Wednesday, March 18th, 2015

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  • March 31 – Secured Transactions Survey CLE

    Please join us on Thursday, March 31 for a complimentary seminar 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 submitted for credit approval (1.5 Professional Practice, 0.5 Skills) in accordance with the requirements of the New York State Continuing Legal Education Board.  Approval is pending.  This course is appropriate for both newly admitted and experienced ...

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    Tuesday, March 17th, 2015

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  • March 11: CMM Hosts Zeldin Fundraiser

    March 11, 2015 Campolo, Middleton & McCormick will be hosting a cocktail reception and fundraiser for Lee Zeldin at our Ronkonkoma office. Contact vtringone@cmmllp.com for details.  

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    Thursday, March 05th, 2015

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  • The Emperor Has No Clothes (Why the Push for Commercial Solar Makes No Sense)

    SPower, the entity seeking to construct a 9.5 MW solar electrical generating facility on a 60 acre portion of the Delalio sod farm in Shoreham, along Route 25A, recently sent a brochure to the community touting the environmental benefits of the project, its ability to eliminate fluctuating prices for electricity during peak usage, its benefits for the environment, and why a buffer of trees around the facility will “protect the local viewshed and maintain the rural character of the area.” How can anyone be against this project and doesn’t opposing it make you “anti-environment”? Opposition to this project is based ...

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    Thursday, February 26th, 2015

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Fred Eisenbud