• 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 ...

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    Sunday, November 09th, 2014

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  • No Rescission of Contract in Dental Practice Sale Gone Bad

    While the sale of a business is a common occurrence, courts are often looked upon to interpret the terms of the relevant sale documents associated with the transaction when either the buyer or seller is alleged to have breached certain obligations post-closing. This was the case in a recent decision in the Suffolk County Commercial Division in Huntington Village Dental, P.C. v. Rathbauer, et a. (J. Whelan). In Rathbauer, plaintiff Huntington Village Dental, P.C. (“HVDPC”) purchased a dental practice from John F. Rathbauer, DMD, LLC (“Rathbauer LLC”), evidenced by an Agreement of Sale, Promissory Note, and Bill of Sale, all dated June ...

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    Sunday, November 09th, 2014

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  • The Art of Making Objections

    By: Bernadette Starzee  “Objection, your honor!” It’s a line that fans of shows like “Law & Order” and “Boston Legal” have heard hundreds of times. But while TV lawyers make objections look easy, it’s not so simple when there’s no script or retakes. “Young lawyers especially fear the use of objections,” said Jeffrey Kimmel, a partner at Salenger, Sack, Kimmel & Bavaro in Woodbury. “You have to object in real time, and since you don’t know in advance what your adversary is going to say, you don’t know if it will be objectionable. You have to decide on your feet the reason for ...

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    Sunday, November 09th, 2014

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  • Nov 17 – CMM Bridgehampton Exec Breakfast – POSTPONED

    POSTPONED, New DATE TBD November 17, 2015 Tax Update Presented by Thomas Terry, CPA Join us as Thomas Terry, of Markowitz, Fenelon & Bank discussing the  latest developments on federal and New York taxation, including techniques and tax planning ideas – perfect for business owners getting ready to wrap up the year. Topics include: Net Investment Income Tax Affordable Care Act – what it means to the employer and employee Proposed legislation, including new equipment regulations Same sex couple developments EVENT DETAILS: 8:30am – 9:00am Arrival and Breakfast 9:00am – 9:45am Presenting Speaker 9:45am – 10:00am Q&A and Discussion REGISTRATION: All events are FREE but registration is required. Complimentary breakfast will be served. LOCATION: CMM’s Bridgehampton office, 2495 Montauk Highway, ...

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    Saturday, November 01st, 2014

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  • October 2014 Legal Brief – Firm Newsletter

    October 2014 Legal Brief – Firm Newsletter

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    Wednesday, October 29th, 2014

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  • CMM Opens Office in Bridgehampton

    CMM is proud to announce the opening of a new office in Bridgehampton, New York. The new location enables the firm to further expand its client base into the East End of Long Island and provide easier access to its already existing clients in the Hamptons, and surrounding areas. The office is located at 2495 Montauk Highway in Bridgehampton and is headed by Kelly Canavan, who joined the firm as Counsel this year. The full range of Campolo, Middleton & McCormick’s services are available to its clients in the Bridgehampton office. About CMM Located in both the heart of Long Island and on ...

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    Wednesday, October 29th, 2014

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  • Copyright Protection in Selfies Can Help to Prevent Unauthorized Reproduction and Distribution

    Selfies have become a global phenomenon, but what type of protection does one have to prevent the spread of photos that have been hacked? We have all heard the story that broke last month about the hundreds of intimate photographs of numerous celebrities, including Kate Upton and Jennifer Lawrence.   Although questions are still being raised about the security of cloud storage, copyright law may provide the strongest mechanism to stop the unauthorized dissemination of photos. A selfie is a self-portrait photograph typically taken using a camera phone or hand-held digital camera.  These selfies are typically shared on social networking services such as ...

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    Monday, October 27th, 2014

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  • How to Limit Fiduciary Duties in Delaware LLC Agreements

    On August 1, 2013, the Delaware Assembly passed an amendment to Section 18-1104 of the Delaware LLC Act, expressly providing that corporate director-type fiduciary duties apply by default to LLC managers (and members active in the LLC operations). The amended statutory language is shown below, with the change underlined. “§ 18-1104 Cases not provided for in this chapter. In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.” The amended statue was a response to the Delaware Supreme Court decision, Gatz Properties ...

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    Friday, October 10th, 2014

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  • Market Terms in M&A Transactions

    The following checklist is based on a report from the American Bar Association Mergers and Acquisitions Committee, Market Trends Subcommittee, which published a study of 136 private target M&A transactions ranging in size from $17.5 M to $4.7 B, each completed in 2012. 1. Deals with an Earnout: % of deals with an earnout: 25% 2. Length of Earnout: 56% of earnouts last 24 months or less 3. “Material Adverse Effect” defined to include past events that could reasonably be expected to materially adversely affect the target: 93% included. 4. “Material Adverse Effect” excludes “force majeure”-type events (acts of war, general changes in industry, ...

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    Thursday, October 09th, 2014

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  • Women Need an Estate Plan

    I hate to break the news to the guys reading this, but we’re probably going to die before our wives.  First off, older women (65+) have a life expectancy of 20.3 years whereas older men only have an expectancy of 17.7 years, according to the CDC.  Add that to the fact that most women marry guys that are two to five years older than themselves, and you’ve got the makings of a wife becoming a widow before the husband has a chance to become a widower. What that really means is that part of the planning should be to make sure female ...

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    Thursday, October 09th, 2014

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Fred Eisenbud