• Additional Insured Status Information

    So you think you’ve done the right thing by requiring your tenant or a company performing services for you to name your company as an additional insured on its policy. You are then given only a certificate of insurance. You’re on the right track but there’s more to be done. Don’t be satisfied with only this document – you need to see the policy itself. Most certificates of insurance expressly state that the certificate does not alter the terms and conditions of the underlying policy. In order for your company to be afforded coverage under the policy, it must be listed in the policy, usually in a policy endorsement. Therefore, it is imperative that ...

    cmandm

    Saturday, August 10th, 2013

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  • Who’s Who in Women in Professional Services: Hayley Gregor

    Hayley Morgan is a member of Campolo, Middleton & McCormick, LLP’s commercial litigation group. Morgan’s practice encompasses a variety of litigation matters including the representation of clients in fraud, business and contractual disputes. Morgan’s practice also consists of preparing complex business, commercial and intellectual property matters for trial. An issue Morgan is primarily focused on is the implementation and incorporation of technology into the practice of law. “The technological resources available today have the potential to make everything from basic administrative tasks, to the management of large complex litigations, more streamlined and efficient,” she said. “However, incorporating new technology into a preexisting law practice is not easily done due to busy schedules, pressing deadlines and old habits. Accordingly, my focus over ...

    cmandm

    Friday, August 02nd, 2013

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  • Ethics in Negotiations

    Legal commentators have written countless articles and entire CLE courses are dedicated to discussing what an attorney may or may not say in negotiations. Ethics in negotiations is tricky. On one hand, a lawyer must show honesty and good faith, and not accept a result that is unconscionably unfair to the adverse party. On the other hand,the attorney is obligated to obtain a result that is in the client’s best interest and must do everything, short of fraud or deceit, to do so. The absence of a clear line between puffing and misrepresentation has resulted in a considerable body of ...

    cmandm

    Wednesday, July 31st, 2013

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  • July 2013 Legal Brief – Firm Newsletter

    July 2013 Legal Brief - Firm Newsletter

    cmandm

    Sunday, July 28th, 2013

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  • Use of Designer Handbags Images Leads to False Advertising Suit

    Designer fashion label Michael Kors recently filed suit against Costco in the U.S. District Court for the Southern District of New York for falsely advertising that Michael Kors products were sold at Costco. This action arose from an email that Costco sent to its customers offering handbags on sale for $99.99. The email used images of Michael Kors handbags, but the problem was that Costco is not an authorized retailer of Michael Kors products. In addition, Costco does not even sell Michael Kors handbags. Michael Kors alleges that Costco’s use of images of its handbags would make customers believe its handbags are ...

    cmandm

    Sunday, July 28th, 2013

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  • The Demise of DOMA

    Awhile back I wrote about the difficulties for same-sex couples with respect to their estate planning. Well, if you haven’t heard by now, things have gotten easier for those in New York. I don’t normally write about case law, but when the Supreme Court of the United States (SCOTUS) speaks, even I try to listen. In this instance the case was U.S. v. Windsor.As a quick refresher, in 1996 President Bill Clinton signed into law the Defense of Marriage Act (DOMA). One of the things it said was that marriage is defined as being between a man and a woman. ...

    cmandm

    Sunday, July 28th, 2013

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  • Tidal Wetlands Permits and the Importance of Maintaining Old Bulkheads in Good Repair

    If you own waterfront property and have a functional bulkhead that is at least 100’ long and has been in place since before August 1977, you have a very valuable asset. According to the regulations of the New York State Department of Environmental Conservation (“DEC”), anything landward of such a bulkhead is not subject to the DEC’s wetlands jurisdiction. In contrast, if the property is not bulkheaded or the bulkhead is less than 100’ long or was constructed after August 1977, then any construction in the area within 300 feet landward of the tidal wetland boundary is likely subject to ...

    cmandm

    Thursday, July 25th, 2013

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  • Supreme Court Defines “Supervisor” for Purposes of Harassment Claims

    An employer’s liability for workplace harassment could turn on whether the harasser meets the Supreme Court’s newly adopted definition of “supervisor” of the victim, according to the Court’s opinion in Vance v. Ball State University, handed down on June 24, 2013. Petitioner Maetta Vance, an African-American woman, had worked in the Ball State’s Banquet and Catering Department since 1989. Over the course of her employment there, Vance made numerous complaints regarding her interactions with Saundra Davis, a white catering specialist in her department. Vance filed complaints with the university and charges with the Equal Employment Opportunity Commission (EEOC), alleging racial harassment and ...

    cmandm

    Monday, July 22nd, 2013

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  • New York Navigation Law Update

    New York’s Navigation Law deals with oil spills, who must clean them up, and who must pay for the damage. Despite the name, the law applies to discharges of petroleum on land that may adversely impact the “waters of the State,” which include groundwater. Some recent court decisions are of interest. Benjamin v. Keyspan Corp., 104 A.D.3d 891 (2nd Dept. 2013). The normal statute of limitations for a claim of damage to property from petroleum contamination is three years from when the property owner knew or should have known of the problem.  In this case, defendant Keyspan showed that the plaintiff had ...

    cmandm

    Thursday, July 11th, 2013

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  • June 2013 Legal Brief – Firm Newsletter

    June 2013 Legal Brief - Firm Newsletter

    cmandm

    Friday, June 28th, 2013

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Fred Eisenbud