• Affordable Care Act

    Affordable Care Act (“ACA”) compliance remains a complicated process for most employers.  Starting January 1, 2015, Applicable Large Employers (“ALEs”) become subject to the Employer Shared Responsibility Provisions of the ACA, codified in Internal Revenue Code Section 4980H.  ALEs must offer their full-time employees the opportunity to enroll in affordable health coverage providing minimum essential benefits under an eligible employer sponsored plan (as defined in 26 U.S.C. § 5000A(f)(2)) for any month. Three may have been the magic number back on Schoolhouse Rock, but under the ACA, 50 is the magic number. An ALE is defined under Section 4980H(c)(2)(A) as an ...

    cmandm

    Tuesday, December 09th, 2014

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  • Do Your Debts Vanish with Your Death?

    Are your heirs, family or friends responsible for your debts after you die?  I’d like to say no, but the answer really depends on a number of factors. When you take out a credit card in your name, you’re agreeing to repay whatever you borrow.  Whether you’re alive or dead, that obligation doesn’t normally extend to your family, friends or, in most cases, even your spouse.  The one big difference is with medical expenses.  If the debt occurred during the marriage, the surviving spouse does become responsible. In short, while your heirs can inherit your assets, they don’t normally inherit your credit ...

    cmandm

    Tuesday, December 09th, 2014

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  • Court Sides with Former Employer in Misappropriation of Confidential Information Case

    Considering the potential harm that could strike a business when a key employee leaves to work for a competitor, employers are often quick to pursue litigation against employees when they believe the employee may have taken confidential and/or proprietary information with him/her and is now using (or could use) that information to the benefit of a direct competitor (and to the harm of the employer).  Many times, an employer may assume or speculate that a former employee has taken confidential information and is using or will use it with a new employer.  However, proving that the former employee stole confidential information ...

    cmandm

    Tuesday, December 09th, 2014

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  • Keep It Down

    By: Bernadette Starzee  When a homeowner hires a contractor to remodel his kitchen, he expects to be quoted a total price for the job. If, after ripping up the cabinets, the contractor discovers additional plumbing work needs to be done, he’ll run the cost by the homeowner and get his permission before revamping the pipes. Attorneys traditionally have operated on a different plane, according to Joseph Campolo, managing partner of Ronkonkoma-based law firm Campolo, Middleton & McCormick. “Lawyers were always open-ended, billing by the billable hour for as much time as something took, and the customer had to pay,” he said. But since 2008, ...

    cmandm

    Tuesday, December 09th, 2014

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  • Problems with Joint Bank Accounts

    Most of my senior clients want to be able to transfer their assets to their children in the simplest and quickest way possible.  The way they usually want to do this is by adding their child’s name to one or more of their bank accounts.    If you don’t think about it too hard, the logic makes sense.  Most parents want to assure that their bills, mortgages, insurances or even funerals get paid for should something happen to them.  Yet most senior clients and children don’t realize the risk that this small change in their accounts creates. Even though I think that ...

    cmandm

    Monday, November 24th, 2014

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  • November 2014 Legal Brief – Firm Newsletter

    November 2014 Legal Brief – Firm Newsletter

    cmandm

    Monday, November 24th, 2014

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  • Tips for Protecting Trade Secrets

    Any information that is unique to your company but isn’t public knowledge can be considered a trade secret and, in many cases, can be protected under both state and federal law. As your company grows in the competitive marketplace, it becomes even more important to identify the company’s most important information, then build trade secret protection into the company’s employment policies and technology systems. The key question to trade secret law is whether your company has taken reasonable measures to protect the secret.  Companies have to be proactive and think ahead.  Trade secrets, unlike other forms of intellectual property, can be easily ...

    cmandm

    Monday, November 24th, 2014

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  • Aereo Update: Case Volleys Back to Trial Court

    This blog has previously reported on American Broadcasting Co. v. Aereo, a dispute between television broadcasters and a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” For around $10 a month, subscribers could record shows and watch live and recorded programming from their mobile devices. In June, finding that Aereo’s resemblance to traditional cable companies was “overwhelming,” the Supreme Court determined that Aereo’s service conflicted with copyright law requiring the copyright owner’s permission for a public performance of the protected work. “Performance” includes retransmission to the public, and the Court was not swayed by Aereo’s argument ...

    cmandm

    Monday, November 24th, 2014

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  • Deal Protection: An M&A Negotiation Lesson

    Protegrity Advisors recently published a Long Island M&A Report, highlighting the strong M&A activity on Long Island, even as the country navigates what might be best described as a modest economic recovery. The full report can be read here. As the report dives into the statistics and metrics, it’s important to remember the very foundation of these transactions – negotiations. The world of M&A is all about negotiations and there’s a lot to me learned from these sometimes complex business transactions. Published previously in the Harvard Law School Program on Negotiation Daily Blog on September 19, 2011, is an article entitled “Negotiation ...

    cmandm

    Wednesday, November 12th, 2014

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  • Safe Harbor Update

    On October 3, 2014, the Office of the Inspector General for Health and Human Services (“OIG”) published a proposed rule that revises the Safe Harbor under the Anti-Kickback Statute concerning discounted or complimentary transportation services that medical providers can provide to patients. See 79 Fed. Reg. 59717 (October 3, 2014).  Medical providers should welcome this much needed update, as the “nominal value” rule has declared many providers’ plans to provide complimentary transportation for their patients illegal. In the past, the OIG declared that under the legislative intent of the Civil Monetary Penalties Law and the Anti-Kickback Statute, Congress intended that the statutes ...

    cmandm

    Sunday, November 09th, 2014

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Fred Eisenbud