• The Legal Ramifications of Workplace Bullying

    By: Bernadette Starzee The much-publicized investigation into alleged bullying on the Miami Dolphins football team has brought workplace bullying into the national spotlight. More than a third of American workers say they’ve been bullied at work, according to a survey by the Workplace Bullying Institute, a national organization that defines workplace bullying as repeated, health-harming abusive conduct committed by bosses and/or co-workers. This may include verbal abuse, intimidation, humiliation and sabotage that prevents work from getting done. While bullying is not healthy for the victim or the workplace, it’s not necessarily unlawful. Though so-called “Healthy Workplace” bills have been introduced in 26 states since 2003, including New York, none ...

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    Wednesday, April 16th, 2014

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  • Malafi Appointed to Pro Bono Scholars Task Force

    Christine Malafi, partner at Campolo, Middleton & McCormick, LLP, was appointed by Chief Administrative Judge Gail Prudenti, to the New York State Pro Bono Scholars Task Force. Gail Prudenti will be spearheading the task force, and Senior Associate Judge Victoria A. Graffeo will be heading the Advisory Committee. This program, created by Chief Judge Jonathan Lippman was put in place to confront the crisis in our country in delivering legal services to the poor and disadvantaged. The goal of the task force is to assist the State and all of its law schools in identifying pro bono placement programs and securing their availability to law school ...

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    Thursday, April 10th, 2014

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  • When is a Sales Commission “Earned”?

    Businesses involved in the sale of a particular product or service will, of course, employ salespeople to sell those products or services. In nearly all cases, sales representatives are paid some form of monetary commission based on their level of sales using some set of variables (i.e. percentage of each sale; percentage of each new contract; total number of sales, etc.). While determining how a commission is calculated may be simple, figuring out when the commission is “earned” for purposes of it being a payable wage can sometimes be difficult in the absence of a written agreement or policy. A recent decision ...

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    Wednesday, April 09th, 2014

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  • New York Unemployment Law Update: Severance May Disqualify Individuals from Receiving Unemployment

    While employers are not obligated to issue severance payments (unless they have specifically agreed to do so in a written employment or other agreement), many do offer severance to terminated employees to shield themselves from potential litigation or as a courtesy for the employee’s years of service. But there have been recent changes to the New York unemployment insurance law that all New York employers should be aware of before offering a severance package to a departing employee. Most notably, the change in the law prevents employers from ignoring unemployment insurance notices as part of an agreement with a former employee ...

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    Wednesday, April 09th, 2014

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  • March 2014 Legal Brief – Firm Newsletter

    March 2014 Legal Brief – Firm Newsletter

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    Sunday, March 30th, 2014

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  • Mandela – Master Negotiator

    Nelson Mandela was the “greatest negotiator of the twentieth century,” wrote Harvard Law School Professor and Program on Negotiation Chair Robert H. Mnookin in his book,Bargaining with the Devil, When to Negotiate, When to Fight. In Lessons from a Master Negotiator: Nelson Mandela, published in Harvard Law School’s Negotiation Briefings, dealmakers worldwide can learn from the South African anti-apartheid revolutionary, politician, philanthropist and “master negotiator” and his legacy in South African history. The article suggests that by listening, observing, and caring enough to learn about the grievances and worries of those we interact with, we can best respond to their core, ...

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    Thursday, March 27th, 2014

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  • Can You Revoke An Irrevocable Trust?

    The simple, knee-jerk answer to that question should be no, as that’s the point of an irrevocable trust. But, believe it or not, if you said that, you’d be wrong. There are actually several different ways to revoke an irrevocable trust. It’s not a simple procedure, but there are certain times that it makes sense to get rid of it and start over.One such time would be when a trust was set up 10 or 15 years before. Given the changes in the income and estate tax laws, the trust may be more trouble and expense than it’s worth. Worse, ...

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    Thursday, March 27th, 2014

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  • Women in the Law: Historic Firsts in New York State and Suffolk County

    Suffolk County Historical Society (SCHS), through the cooperation of the Suffolk County Court Administrative Judge Randall Hinrichs, is pleased to announce that SCHS will be celebrating women from New York State who have left an indelible mark on the court system. A Photography Portrait Exhibition will be displayed at Touro Law Center in honor of Women’s History Month. This exhibition was created by the Suffolk County Judicial Women in the Courts and the Suffolk County Historical Society. An opening reception will be held at Touro Law Center Monday, March 10, 2014, 5:30-7:30 PM 225 Eastview Dr., Central Islip, NY Honorees represented with images and biographies include: · Hon. ...

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    Monday, March 10th, 2014

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  • Subtenant’s Liability for Holding Over After Termination of Its Sublease

    Who is responsible for the damages that result when a commercial sub-tenant holds over past the expiration of its term causing the tenant to incur damages under its lease? In what appears to be a case of first impression in the Second Department, in PHH Mtge. Corp. v. Ferro, Kuba, Mangano, Sklyar, Gacovino Lake, P.C.1 the Appellate Division has confirmed that, with appropriate lease clauses, the sub-tenant is liable for the damages incurred by the tenant resulting from the sub-tenant’s failure timely to vacate the premises it occupied. The facts in PHH are simple enough: Owner/Landlord leased certain premises to Tenant. Tenant ...

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    Sunday, March 09th, 2014

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  • March 2014: Crossfit Liability: Protecting your Business

    By Scott Middleton, Esq. In addition to being an attorney here on Long Island, I’m an avid CrossFit Athlete and have been participating in CrossFit for over 18 months now. The benefits from this type of fitness regime have had a tremendous impact on me: overall better fitness and nutrition, coupled with a sense of camaraderie among fellow CrossFitters and especially in one’s own gym. It has helped me both personally and professionally. With the rising popularity of CrossFit here on Long Island and across the country it’s important to understand the risks to gyms and fitness centers that host these high ...

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    Sunday, March 09th, 2014

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Fred Eisenbud