• Supreme Court Sharpens Focus on Arbitration and Class Actions

    This blog previously explored the Supreme Court’s June 2013 decision in American Express Co. v. Italian Colors Restaurant, in which the Court validated the credit card company’s contract with merchants mandating arbitration and eliminating the possibility of a class action (a result Justice Elena Kagan memorably described as “Too darn bad”). Shortly before deciding the apparently contentious Italian Colors case, however, the Supreme Court unanimously decided Oxford Health Plans LLC v. Sutter. The facts leading up to this case began over a decade ago, when physician Ivan Sutter and Oxford Health Plans entered into an agreement whereby Oxford would pay Dr. Sutter ...

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    Monday, October 28th, 2013

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  • Should You Talk to Your Heirs?

    Last month I discussed how to avoid a Will contest. I noted that one way to at least minimize that risk is to talk to your heirs about your estate plan. It sounds simple, but the subject of inheritance is one that most people arduously avoid for a number of different reasons: superstition, fear, lack of knowledge, or a misguided desire for secrecy. Many adults, such as my parents, were raised to believe that money was a private affair, and that talking about it was inappropriate. But beyond that, many people simply fear that if they talk about their estate ...

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    Saturday, October 26th, 2013

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  • 5 Hard-nosed Negotiation Tips from Steve Jobs

    A judge ruled last month that Apple violated antitrust laws in conspiring with some of the largest book publishers to fix e-book prices. While Apple continues to fight the allegations, there is a lot to be learned from the released e-mail exchange between Steve Jobs and James Murdoch. The e-mails had an important role in the lawsuit, but they also provide an savvy high-stakes negotiation between the leaders of two powerful firms. Eric Sherman writer for Inc.com, reviews the series of e-mails and the negotiation principles used to create the best conditions for winning. “A series of emails about ebook prices between ...

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    Friday, October 25th, 2013

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  • The Common-Interest Doctrine and Its Effect on Attorney-Client Privileged Communications

    It is widely understood that communications between an attorney and his/her client are protected from disclosure under the attorney-client privilege. It should be equally understood that the attorney-client privilege is lost or waived if a third party is present for those communications. However, there is an exception to the latter rule: the common-interest doctrine. The common-interest doctrine holds that a third party may be privy to an attorney-client privileged communication, and the privilege will stay intact, if the communication is made for the purpose of furthering a nearly identical legal interest shared by the client and the third party. Hyatt v. ...

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    Wednesday, October 09th, 2013

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  • LIPA Must Come Clean About Its Time-of-Use Residential Billing Rates So Consumers Can Make an Informed Decision Whether to Return to Standard Rates

    In an earlier blog, published on September 26, 2013 (“LIPA Residential Time-of-Use Customers Beware – Your Efforts to Shift Usage to Off – Peak Hours Is Probably Costing You Money Compared to Regular Residential Rate Payers Who Are Billed the Same Rate Regardless of Time-of-Use”), we urged LIPA residential rate payers who switched from standard 180 rates to one of two principal LIPA time-of-use billing programs to take a hard look at their bills because they likely were spending more, not less, for electricity.  The 184 time-of-use billing program is for consumers who expect to use 39,000 kWhs a year ...

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    Tuesday, October 08th, 2013

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  • September 2013 Legal Brief – Firm Newsletter

    September 2013 Legal Brief - Firm Newsletter

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    Saturday, September 28th, 2013

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  • LIPA Residential Time-of-Use Rates Are Unfair

    LIPA Residential Time-of-Use Customers Beware – Your Efforts to Shift Usage to Off – Peak Hours Is Probably Costing You Money Compared to Regular Residential Rate Payers Who Are Billed the Same Rate Regardless of Time-of-Use. Have you switched your residential LIPA billing rates from the standard 180 rates to 184 or 188 rates (the “Time of Use” rates, designed to encourage residential consumers to shift as much electrical usage from peak hours to off-peak)? Did you do so because you believed that doing so would save you money? If so, chances are, you are mistaken, and you have actually been ...

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    Thursday, September 26th, 2013

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  • Negotiation Trends: Salary Disclosure

    Have you ever revealed how much you earn to coworkers? Your answer to that question may depend on your age. The September issue of Harvard Law School’s Program on Negotiation newsletter discusses the trend of openness about wages between coworkers and how it may be affecting job negotiations. Comparing salaries has long been a social taboo in the United States, but members of the millennial generation — people born in the 1980s and 1990s — are changing that, according to Kevin Hallock, director of Cornell University’s Institute for Compensation Studies. According to a recent Wall Street Journal article, when 25-year-old Dustin Zick was ...

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    Wednesday, September 25th, 2013

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  • Ones to Watch in Law

    by Bernadette Starzee Hon. James F.X. Doyle Special Counsel, Campolo, Middleton & McCormick Doyle, who retired from his post as Suffolk County Court judge and acting New York State Supreme Court justice last year, recently joined the Ronkonkoma law firm’s litigation department. His judicial experience includes a decade as an elected Suffolk County Family Court judge and as a Suffolk County Supreme Court justice in the matrimonial, civil law and mental health terms. Prior to being named to the bench, Doyle was in the U.S. Air Force, serving as a captain and attorney on the Trial & Defense Counsel. He is a graduate of Fordham Law School.

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    Wednesday, September 25th, 2013

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  • Cease and Desist Letter Imposes Reasonable Remedial Measures

    According to a recent decision, recipients of cease and desist letters should do more than perform cursory remedial measures. Consistent with similar situations in the U.S. Court of Appeals for the Seventh, Ninth and Second Circuits, the Sixth Circuit affirmed liability of a flea market operator for contributory trademark infringement for failure to stop the sale of counterfeit goods at the market despite numerous warnings.Coach Inc. v. Frederick Goodfellow, 717 F.3d 798 (6th Cir. 2013). Plaintiffs, Coach, Inc. and Coach Services, Inc., who design and sell the famous Coach handbags, filed suit under the Lanham Act against Defendant, Frederick Goodfellow, who owned ...

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    Sunday, September 22nd, 2013

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Fred Eisenbud