Category: News on the Homepage

Social distancing has changed our lives, but not CMM’s zealous advocacy.

Senior Partner Patrick McCormick recently conducted oral argument via teleconference on a motion we had filed to dismiss a federal complaint filed against our clients, a shareholder of a corporation and his wife, who was an employee. The commercial matter concerned breach of fiduciary duty and breach of contract in connection with a shareholders’ agreement.

Demonstrating agility and an adaptability to new norms, McCormick argued successfully for the dismissal of the complaint despite the fact that the litigants and Judge were separated by technology. The Judge granted our motion to dismiss the complaint and both claims (breach of contract and breach of fiduciary duty) against one of our clients with prejudice (meaning that those specific claims cannot be brought again) and dismissed the complaint (the same claims) against our other client without prejudice, meaning the plaintiff has the opportunity to try to correct the deficiencies and file a new complaint. But as it stands now, the complaint is dismissed.

McCormick persuasively answered the Judge’s questions about the shareholders’ agreement and the enforceability of specific provisions, and the dismissal was a major win for our clients. While courthouse doors continue to be closed, CMM works every day to push our clients’ matters forward.

Learn more about our commercial litigation practice here.

During these unprecedented times, helping someone start a new chapter in their lives takes on new meaning.

This week CMM’s Don Rassiger closed a transaction for a client who sold his equity interests in a building information modeling (BIM) contractor to his partners. BIM involves computer-generated 3D modeling of buildings and the various systems (electrical, plumbing, HVAC, fire suppression, and others) that show the as-built locations of the systems inside of walls, drop ceilings and other concealed portions of the building. The sale gives the client the opportunity to pursue other business and personal interests.

Upon closing the deal remotely, the client commented, “Don, I’m grateful for all your efforts this past month. As a father, husband and entrepreneur I thank you. Your efforts have made a new path in life possible.  I’m looking forward to discussing my new ventures with you.”

Making it possible for our clients to move forward provides the motivation we all need during these challenging times. Learn more about our vibrant M&A practice here and our Construction practice here.

Nonstop headlines about the economic damage caused by COVID-19 can challenge even the strongest business leaders to stay positive during this pandemic. With positive economic news in short supply, CMM is happy to announce that we have closed yet another deal, unhampered by the challenges of doing business remotely.

Vincent Costa handled the transaction for a longtime CMM client. The deal involved the asset sale of a business that specializes in power coating, sand blasting, and metal polishing. The parties were anxious to push the deal across the finish line given the current economic situation, and CMM delivered, closing a deal entirely online and without any delays.

“We’re just trying to do our part to adapt to the circumstances and keep deals moving,” said Costa. “With every deal closed, we get closer to our economy’s recovery from this pandemic.”

Learn more about our Mergers & Acquisitions practice here.

Demonstrating adaptability in unprecedented circumstances and a determination to keep the economy moving, CMM has just closed an M&A deal entirely remotely involving parties across multiple states.

Vincent Costa handled the transaction – the third for our client. The deal involved our New York-based client’s asset purchase of a Florida company that provides access to remote liquid tank monitoring information through web-based portals, including standard and customized hardware, software, and implementation. CMM had to be extraordinarily nimble to convert the negotiation, due diligence, and closing of a deal that would have otherwise taken place in person and complete it wholly online, without any delays.

“A very tough time trying close a deal between New York and Florida with the circumstances the country is facing,” observed the other side. “[While] it would have been much easier if we could have held a couple of face to face meetings,” CMM was determined the close the deal, and we did.

“I’m very proud of our Corporate team – which is not unusual, but this particular deal is symbolic of so much more,” said CMM Managing Partner Joe Campolo. “It not only shows our ability to adapt to the circumstances, but more importantly, is also such a positive sign that if we all keep pushing as hard as we can, our economy will recover from the coronavirus pandemic.”

Learn more about our Mergers & Acquisitions practice here.

Our healthcare workers are superheroes – our troops fighting on the front lines of the battle against coronavirus who also give us hope in these dark times. Because healthcare workers are currently consumed with the health and well-being of others, CMM Cares is focused on the needs of these superheroes themselves. 

As part of its mission to mobilize the business community for the greater good, please join CMM Cares as we partner with Stony Brook Hospital to donate comfort care items to the medical professionals fighting so hard for all of us. Comfort care items include:

• Prepackaged snacks (granola bars, power bars, pretzels, etc.)
• Bottled water
• Gum
• Candy
• Lip balm
• Tissue packs
• Hand lotion 

To donate, please drop off all items in the first-floor lobby of our Ronkonkoma headquarters at 4175 Veterans Memorial Highway starting on Wednesday, March 25 between the hours of 9 a.m. and 5 p.m., Monday through Friday. Our CMM Cares team will be collecting all items and delivering them daily to Stony Brook.

On behalf of our modern-day troops, our healthcare heroes – thank you.

Email our hotline: coronarelief@cmmllp.com

Visit our Resource Hub

Questions? Email vtringone@cmmllp.com

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In some welcome good news during this challenging time, CMM is pleased to report that our Municipal Liability team has successfully defended Riverhead’s Finest in a civil rights action.

The case stemmed from a domestic dispute incident over six years ago. A husband and wife undergoing a contentious divorce had obtained orders of protection against each other while still living together. In December 2013, an officer with the Riverhead Police Department was called to the home, as he had been several times prior. On this occasion, the husband alleged that the wife had violated the order of protection he had obtained against her. He presented the police officer with a recording of a conversation between the estranged couple about a cruise the husband had taken with a girlfriend. The police officer learned the contents of the order of protection and, upon consideration of the recording and at the request of the husband, arrested the wife for violating the terms of the order.

After her arrest, the wife was taken to police headquarters, processed, taken to local Criminal Court, arraigned, and released on her own recognizance. (The case against her was ultimately dismissed.) As a result of these events, she brought a lawsuit against the Town of Riverhead and its Police Department alleging false arrest and malicious prosecution.

Under the guidance of Scott Middleton, our team moved for summary judgment (essentially, asking the Court to dismiss the case because there are no facts in dispute). We argued that because the arresting officer had confirmed the order of protection and had been presented with the recording, that probable cause existed and thus as a matter of law, the facts could not have amounted to false arrest (or subsequent malicious prosecution). Based on CMM’s efforts, the motion was granted and the case was dismissed.

Learn more about our success representing municipalities and agencies here.

HIA-LI is leading the way to secure much-needed personal protective equipment (PPE) for the healthcare workers at Stony Brook Hospital on the front lines of the battle against coronavirus and is calling on the business community to help.

• PPE: Stony Brook is accepting donations of PPE and medical supplies including masks, gloves, gowns, ventilators, and other items. To donate, contact Joan Dickinson, Stony Brook Community Relations Director,  Joan.Dickinson@stonybrook.edu or call (631) 219-0603. Donations can be made by appointment only and at specific drop-off locations to ensure the safety of all involved and to get the supplies into the right hands immediately.

• Comfort Care Items: The Hospital is also accepting donations of “comfort care” items (socks, snacks, tissue packs, hand lotion, gum, lip balm, etc.) for these healthcare heroes – please call Joan to set up a donation appointment.

• Messages of Support for Medical Staff: Many neighbors and community groups have asked about the best way to show their support to the medical staff who are working around the clock. The easiest and most effective way to share your sentiments is through a simple cell phone video. Please email a video no longer than 20 seconds to Joan.Dickinson@stonybrook.edu. The videos will be shared throughout the hospital areas and visible as the employees move throughout their day.

• Messages for Veterans: There are residents at the Long Island State Veterans Home who miss their families but cannot have visitors because they are in a high-risk group. If you would like to send a veteran a message, please email a video no longer than 20 seconds to Jonathan Spier, LISVH Deputy Executive Director, at jonathan.spier@LISVH.org and your message will be shared on the digital boards in their facility.

“Long Islanders are strong, and we all need to work together to find solutions to the unprecedented challenges we’re facing,” said HIA-LI President & CEO Terri Alessi-Miceli. “HIA-LI is doing what we do best: building connections to make an impact.”

“Our healthcare workers are fighting this battle head-on and we all owe them our gratitude and support,” said Joe Campolo, HIA-LI Board Chairman and Managing Partner of Campolo, Middleton & McCormick, LLP. “By working together instead of panicking when things get tough, we can make things happen.”

HIA-LI is leading the effort to address the statewide shortage of personal protective equipment (PPE) for healthcare workers battling the COVID-19 pandemic by coordinating directly with state and federal officials to engage Long Island manufacturers. Terri Alessi-Miceli, HIA-LI President & CEO, and Joe Campolo, HIA-LI Board Chairman and Managing Partner of Campolo, Middleton & McCormick, hosted an all-hands-on-deck conference call today with Congressman Lee Zeldin and his key staff, who has pledged his resources to aid in this critical effort.

“Our local medical professionals are giving their all, putting themselves at risk to care for our communities’ most vulnerable. Every level of government and every Long Islander has a responsibility to do everything to keep them safe, and I applaud HIA-LI for leading by example,” Zeldin stated. “I look forward to working with them to leverage the force of Long Island’s manufacturing and its unparalleled ingenuity to rise to meet the demand for vital protective equipment for those on the front lines of this battle against coronavirus.”

The idea is to have manufacturers pause their current manufacturing – if it isn’t paused already – and go back to work to manufacture PPE. This shift would not only help ameliorate the PPE crisis, but also help these manufacturers keep their businesses afloat and their people employed. New York State is willing to provide funding for companies manufacturing the proper equipment.

“As the recognized voice for Long Island business and the steward of the economic powerhouse that is the Long Island Innovation Park at Hauppauge, HIA-LI is focused entirely on helping the business community get through this unprecedented time,” said HIA-LI’s Alessi-Miceli. “By working directly with the Governor’s office and with Congressman Zeldin to help local manufacturers join PPE relief efforts, we can help businesses weather this storm while also helping to protect our first responders.”

“Our call today shows that we are all working relentlessly to help coordinate bipartisan efforts to assist Long Island business,” said Board Chairman Campolo. “The solution is not to panic, but to work together through this crisis.”

PPE includes gloves, masks, gowns, respirators, and additional equipment critical to protect those on the front lines. Businesses interested in receiving state funding to manufacture PPE products should directly contact Eric Gertler at (212) 803-3100 or covid19supplies@exec.ny.gov.

The Governor’s office is also asking that all PPE product providers sell to the state directly through this pandemic, including any products that are nonessential or not currently used. Businesses interested in selling products to the state should directly contact Simonida Subotic at (646) 522-8477 or covid19supplies@exec.ny.gov.