LIBN article “HIA-LI Fostering Growth at Industrial Park” features Campolo’s Task Force

Posted: June 17th, 2019

By Adina Genn

A new task force at HIA-LI is set to implement an action plan to optimize the long-term economic impact of the 1,400-acre Long Island Innovation Park at Hauppauge (up until recently was called the Hauppauge Industrial Park).

The action plan is based on the recommendations of the 160-page opportunity analysis by the Suffolk County IDA and Regional Plan Association that was released earlier this year. Leading the analysis was James Lima of James Lima Planning + Development, a New York City-based planning firm whose client list includes Facebook, several agencies for the City of New York, the University of Tennessee and other villages, cities and foundations.

A 41-year-old organization, the HIA-LI serves as the voice of the industrial park, where 55,000 people are employed. The park delivers $13 billion in annual output, according to the HIA-LI.

The report’s findings show that the park is the “undisputed anchor of Long Island’s ’tradable’ economy,’” which brings “new dollars and commerce into the region,” according to a press release about the new task force.

“These findings confirmed and expanded all of our conclusions and suspicions about the Long Island Innovation Park,” Joe Campolo said in a statement about plans to move forward with implementing key recommendations. Campolo is the managing partner of Campolo, Middleton & McCormick, a law firm in Ronkonkoma, who serves as chairman of the HIA-LI board of directors,

According to the analysis, there is room for growth at the park. The report found that this is especially so in tradable industries. These industries in the region make up 23 percent of Long Island’s economy, while the national average is 36 percent. The study also found that “58 percent of the park’s workforce represents jobs in tradable industries, a figure two-and-a-half times greater than that of Long Island as a whole.”

Now, the task force is focusing on five strategic areas to realize growth. These areas include facilitating business growth, attracting and retaining key knowledge workers, strengthening training and workforce development, promoting innovation, and strengthening connections with businesses, government, and institutions.

“Our mission now is to accelerate this growth by relentlessly spreading the word about the park as the region’s premier hub for growing businesses, and to continue building bridges between the public and private sectors to truly make an enormous impact,” Campolo said.

“We’re working on a specific and strategic plan to truly maximize the park’s long-term potential,” Terri Alessi-Miceli, HIA-LI’s president and CEO, said in a statement. “The members of this task force have the expertise to transform its vision into a reality.”

Members of the Innovation Park Task Force also include Carol Allen, president and CEO of People’s Alliance Federal Credit Union; Anthony Manetta of HB Solutions; Rich Humann, president and CEO of H2M Architects + Engineers; Jim Coughlan, principal of TRITEC Real Estate; Bob Quarte, managing partner of AVZ Certified Public Accountants; Jack Kulka of the Kulka Group; and Kevin O’Connor, president and CEO of BNB Bank.

Read more here.

CMM Hosts Cutting-Edge International Business Seminar, “Grow Local, Go Global”

Posted: June 13th, 2019

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Recognized for being on the cutting edge of legal and business issues, Campolo, Middleton & McCormick hosted the first in a series of international business panels on June 13, 2019, featuring a panel of legal, accounting, and M&A experts discussing a host of issues facing U.S. companies doing business abroad. “Grow Local, Go Global: Your Roadmap for Doing Business Internationally,” co-hosted by Protegrity Advisors, featured a wide-ranging discussion about international business law in the EU, international tax practices, EU GDPR data compliance, the opportunities and difficulties presented by Brexit, and other issues for local businesses to consider when expanding or operating overseas. CMM Managing Partner Joe Campolo moderated the panel, which included Gregg Schor, Chairman of CMM International and CEO of Protegrity Advisors; Alan Sasserath, Partner of Sasserath & Zoraian, LLP and international tax expert; Dr. Justus Fischer-Zernin, Partner and Solicitor at Hanselaw Hammerstein & Partners in Hamburg, Germany; and Geert Somers, Partner and Attorney at Timelex in Brussels, Belgium.

In attendance were Long Island businesses who had questions about expanding overseas or how to deal with issues with their existing global operations. In an in-depth discussion enhanced by a wealth of personal experience provided by the panel, local businesses learned the importance of building an international network and obtaining local counsel to use as a resource when they want to expand overseas. Some highlights from the panel include: 

  • Authorities in the EU have begun to crack down on the implementation of the GDPR data and privacy protection laws. These laws apply not just to companies located in, or with a physical presence in Europe, but also to businesses who offer products and services to the EU. GDPR compliance is now at the top of the list when checking out an international company’s due diligence.  
  • Real estate laws are not uniform across the EU; however, bank financing of investment properties is regulated by governments.
  • When performing consulting work in the EU without establishing a permanent presence there, a U.S. business will not need to pay taxes; however, it should be noted that there are certain thresholds for what equates to a “permanent establishment” and the longer or more frequent the consulting work is, then that threshold may be met.
  • When providing consulting work overseas, specifically in the architecture and engineering fields, the first question a business must ask is whether they have the equivalent or necessary certifications to supply services in their targeted country. 
  • When a business wants to expand into Europe, what country should they choose? The panel suggested doing research regarding the potential customer base, with Sasserath stating that the U.S. government can provide some fact finding regarding potential overseas customer bases for a fee. They also suggested assessing the tax situation of the recipient country beforehand. Dr. Fischer-Zernin advised that setting up a subsidiary would be easier than a branch, because a subsidiary can operate the same way as all other companies in that country and thus offer fair and equal competition. Somers noted that many U.S. businesses expand into Brussels due to the prevalence of English spoken there and the fact that it is conveniently located within Europe.
  • One issue for local businesses to consider is the relative difficulty of finding, hiring, and firing employees in Europe compared to the States. Schor advised U.S. businesses to be careful and to find a distributor overseas who is in line with their interests, as well as to negotiate a contract that provides exclusivity and some guarantee of profits. He also recommended negotiating an exit strategy going in, so that U.S. businesses are aware of all local laws that will apply if they must relocate or close an overseas branch.
  • Regarding Brexit, both Dr. Fischer-Zernin and Somers noted that the United Kingdom will still mostly have to follow European Law when doing business with the EU and that many U.S. businesses who once used the U.K. as a gateway to Europe are now opening branches in Ireland and Amsterdam instead. Sasserath, however, assessed that U.S. businesses should not have a fear of the unknown when contemplating expanding into the U.K., should continue to take informed, measured steps when doing business, and that there would be more opportunity for U.S. businesses to go into the U.K. and access a market due to Brexit. Schor stated that from an M&A perspective, the market was very healthy, and that Brexit would likely lead to more U.K. investment in the States.

CMM, through its CMM International offering, plans for this informative, important and increasingly relevant discussion to become the first of many events addressing the benefits, potential pitfalls and basic guidelines of doing business internationally. For specific questions regarding your personal situation, please contact our office.

CMM Closes Acquisition of Second U.S. Automotive Glass Business for Canada-Based Clairus Group

Posted: June 3rd, 2019

Campolo, Middleton & McCormick has successfully closed an asset purchase transaction in which we represented Canada-based Clairus Group in its second U.S.-based acquisition. Clairus Group, a fast-growing, vertically-integrated leader in automotive glass distribution, replacement, and claims management, acquired an independent auto glass repair and replacement company, 4 Star Auto Glass, with locations in Hackensack, New Jersey and the Bronx.

This was the second of several transactions that Clairus Group plans to pursue in the U.S. market. Once again, the hard work of the CMM team, including Corporate Department managing attorney Don Rassiger and associate Vincent Costa, enabled the client to complete the transaction efficiently and seamlessly. Clairus has now engaged CMM to draft and negotiate another acquisition involving a business in Texas.

CMM’s Mergers & Acquisitions practice has closed billions of dollars’ worth of deals on the national and international stage over the past decade, and it continues to be one of the cornerstones of our practice.

Campolo’s Remarks at the 31st HIA-LI Annual Trade Show

Posted: May 30th, 2019

CMM Managing Partner and HIA-LI Board Chairman Joe Campolo gave these remarks at the HIA-LI Trade Show Luncheon, “Long Island Development: Economic Growth” on May 30, 2019. View the presentation that accompanied his remarks here.

Good afternoon, everyone. I’m very happy to be here today representing both HIA-LI and the Long Island business community.

Anyone who knows me knows that I love Long Island.

Except for the four years I spent in the Marine Corps, my entire life has been spent here on our Island.  When I left Long Island to go into the Marine Corps, there was never any doubt that I was going to come back here to build my career and raise my family. I attended Stony Brook University, and I loved Stony Brook. And even though I commuted to the city to attend Fordham Law School, there was never any doubt that I would remain on Long Island to practice law.  And when I decided 12 years ago to open a firm in Suffolk County, many people questioned my decision: “Why do you want to go to Suffolk County? It’s farm country. There’s nothing going on out there!” And I said, “There’s an opportunity there – I just know it.”

You see, the reason I love Long Island is because I believe in its greatness, and that belief has never let me down. Yes, we have wonderful school districts, and beaches, and restaurants and wineries – we have the arts in the Staller Center and the Engeman Theater, and world class health care and educational institutions.  But as a business lawyer, my true passion lies in the amazing and world class talent we have in the Long Island business community.   This passion drove me to join the HIA-LI, and again many folks questioned me: “Why are you joining the HIA-LI? There are bigger business organizations out there that can help you grow.” And I said to them, “I know there are, but there’s something very special about the HIA-LI and that industrial park.”   And on all accounts, I was right, but it wasn’t until recently that I realized how special our beloved Industrial Park truly is.

My friend, County Executive Steve Bellone, recently said, “The Hauppauge Industrial Park is the cornerstone of Suffolk County’s economy, plain and simple.”  And while I wholeheartedly agree with his statement, I am here today to expand on it, and demonstrate how and why the Industrial Park is not only the Cornerstone of Suffolk County’s economy, but that of the entire State’s economy, and why these amazing businesses that live and thrive in our park are role models for industrial parks across this country.

As steward of this incredible Park, I, along with my cohort Terri Alessi-Miceli and fellow board members, have spent the last several years working tirelessly to spread the word about this incredible economic engine. And we have indeed made an enormous impact. One of my proudest accomplishments as Board Chairman is our success in making the numbers and facts that we learned through the Economic Impact Study we did in conjunction with Stony Brook University so well known – so much so that the Park’s identity as an economic powerhouse is no longer a secret, but rather part of the fabric and story of Long Island.  In fact, our elected officials and business leaders all now proudly proclaim that our industrial park is the “second largest in the country next to Silicon Valley,” a fact uncovered in our initial study.

Building on this, our other cohort Kelly Morris and the Suffolk County IDA, funded an opportunity analysis to take a deeper and closer look at the park.  Led by James Lima, a national planner who has worked with companies like Google and Facebook to help build their campuses and ecosystems, and by the Regional Plan Association, almost a full year was spent creating an opportunity analysis which would show not only what opportunities currently exist within the park, but what the future opportunities can be for the park.  I have to admit that during this process I was nervous; what if they came back and contradicted, or even worse discounted, the economic impact study we had conducted.  Such a conclusion would wash out all the hard work we had done thus far.  Luckily, when the report was completed and publicly released on April 24th,  all of our conclusions and suspicions about the park were not only confirmed but were expanded.

Now that we are armed with this critical information about the Park’s economic power, we should all lift our heads a little higher and feel tremendous pride in the fact that we have all contributed in the creation of a world-class  ecosystem where we do in fact have the greatest concentration of the most innovative and productive businesses on the planet, our beloved Long Island.

Our mission now is to accelerate this growth by relentlessly spreading the word about the Park as the region’s premier hub for growing businesses, and to continue building bridges between the public and private sectors to truly make an enormous impact.

So, to all my colleagues involved in this work – James Lima Planning, the Suffolk IDA, the RPA, and especially Terri and the entire HIA-LI staff and Board  – hats off to you, for confirming what I had always believed, that Long Island is not just a great place to live, but it is the national model for research, innovation, manufacturing and building infrastructure. Thanks to this work, when our children are deciding where to live and work and build their lives, Long Island, and Suffolk County in particular, is a much more viable option.

CMM Facilitates Acquisition of Longtime Client Hedgehog by Sitecore

Posted: May 15th, 2019

Campolo, Middleton & McCormick’s longtime client Hedgehog, an award-winning, full-service digital consulting agency, has entered into a definitive agreement to be acquired by Sitecore, the global leader in digital experience management software. Hedgehog, based in Holbrook, Long Island, also has campuses in Charlotte, North Carolina; Portland, Oregon; Sofia, Bulgaria; and Amsterdam. CMM is representing Hedgehog in the deal, with a team led by Corporate Department Chair Christine Malafi, assisted by Vincent Costa.

For more than a decade, Hedgehog has assisted companies in creating customer-focused online experiences that drive engagement. Hedgehog has a long history of commitment to Sitecore technology, as well as ongoing support of the Sitecore community. “We are very excited about continuing our journey with a company that appreciates our culture, reflects our values, and shares our vision to help customers transform their businesses so they can meet the digital requirements of today and the future,” said Dan Galvez, CEO of Hedgehog.

“I’ve watched Hedgehog’s incredible growth over the past 10 years. From the moment I started working with them, I knew they’d grow into an award-winning company and be viewed as industry leaders,” said CMM Managing Partner Joe Campolo. “I’m so proud of their success.”

The deal is expected to close in June 2019. Learn more here.

CMM’s mergers and acquisitions practice is the cornerstone of our corporate work, helping clients close billions of dollars’ worth of deals over the past decade. Learn more about our M&A practice here.

Campolo’s HIA-LI Task Force highlighted in Real Estate Weekly’s “Report Sets Out Plan for Biggest Industrial Park in the Northeast”

Posted: May 13th, 2019

Suffolk County Executive Steve Bellone, the Suffolk County Industrial Development Agency (Suffolk IDA), and Hauppauge Industrial Association of Long Island (HIA-LI) have released the Hauppauge Industrial Park Opportunity Analysis.

The analysis identifies opportunities to anchor the Park to Long Island’s long-term economic revitalization.

The more than 160 page report found that the Park has the largest concentration of tradeable businesses on Long Island — 20 percent above the national average — and in turn offers an unparalleled opportunity for Long Island-wide economic development.

“The Hauppauge Industrial Park is the cornerstone of Suffolk County’s economy, plain and simple,” said Suffolk County Executive Steve Bellone.

“The Opportunity Analysis lays out achievable and substantial strategies for economic growth. This comprehensive roadmap provides our region with the building blocks needed to strengthen, expand and attract key industry clusters that will push our innovative economy to the next level.”

“As the largest business park in the Northeast, the Hauppauge Industrial Park today ranks as the unrivaled cornerstone of the Suffolk County economy,” said HIA-LI President and CEO Terri Alessi-Miceli.

“Now, thanks to the five-part strategic plan set forth through our partnership with the Suffolk IDA, James Lima Planning + Development, and the Regional Plan Association, the Park is equipped to fulfill a growth scenario that will redouble its contributions to our regional economy.”

The Opportunity Analysis has determined five economic development strategies for the Park to grow and influence the entire Long Island economy: facilitate business growth; attract and retain skilled workers; strengthen training and workforce development; promote innovation and technology transfer; and connect businesses, governments and institutions.

The Suffolk County IDA and HIA-LI plan to take lead in fostering partnerships with relevant institutions, major private sectors conglomerates and non-profits.

The Opportunity Analysis also offers competitor analysis and assessment to provide differentiation, learning and collaboration opportunities.

“Since its conception, HIA-LI has continuously invested time, vision and planning in the Hauppauge Industrial Park, driving millions in tax ratables to our community and employing our residents,” said Smithtown Supervisor Ed Wehrheim.

“The Report; a roadmap into our future, takes this investment to new and endless heights. Imagine neighboring businesses working together to capitalize on mutual growth, a think tank of business professionals working to help innovate local companies to the next level, the private sector working with public institutions to plan for alternative energy or create walkable communities for the next generation of great innovators to live and play. The possibilities are truly endless.”

The Hauppauge Industrial park is home to 55,000 employees and its $13 billion of annual output accounts for eight percent of Long Island’s Gross Domestic Product (GDP).

Of the park’s total employment, 58 percent are located in tradeable sectors (exports of goods out of the region) which outperforms both the nation’s average of 36 percent and Long Island’s 23 percent considerably.

McCormick Elected Secretary, Member of Executive Committee of Suffolk County Bar Association Board of Directors

Posted: May 8th, 2019

Campolo, Middleton & McCormick, a premier law firm with offices in Westbury, Ronkonkoma, and Bridgehampton, proudly announces that Senior Partner Patrick McCormick has been elected to the Executive Committee (as Secretary) of the Suffolk County Bar Association. This election is a significant professional milestone for McCormick, who has just completed a successful two-year term as Dean of the Academy of Law, the SCBA’s educational arm. McCormick will be sworn in at the SCBA’s 111th Annual Installation Dinner on June 7, 2019.

McCormick chairs the Appellate Practice group at CMM, having built a reputation as a strategic and talented appellate attorney over nearly three decades in the field. Representing clients in civil and criminal matters in both federal and state court, McCormick has argued numerous appeals, including three arguments at the New York State Court of Appeals, the state’s highest court. He is also a respected trial attorney, litigating all types of complex commercial and real estate matters, and also represents national commercial shopping centers, retailers, and publicly traded home builders in commercial and residential landlord-tenant matters.

The Suffolk County Bar Association is one of the largest voluntary bar associations in New York State. As Dean of the Academy, McCormick spearheaded the continuing education of thousands of New York lawyers. During his tenure he helped bring the Academy into the future by increasing the number of programs, utilizing new technology, and offering an unprecedented range of topics, scheduling, and formats. In addition to his new role as Secretary and prior roles on the Board of Directors and as Academy Dean, McCormick has served the SCBA as Chair of the Appellate Practice Committee as well as on the Commercial Division, Landlord/Tenant, and Real Property Committees. 

CMM Successfully Obtains a Critical Restraining Order for Client in Hostile Shareholder Dispute

Posted: April 30th, 2019

Relationships between business partners can sometimes sour. And other times, they can turn downright ugly.

CMM’s client, a well-respected environmental engineering firm with multiple locations, reported that one of its shareholders (who was also an employee) had abruptly resigned. He began intimidating the company with bogus criminal complaints and threats to report them to governmental agencies, with the sole aim of gaining an advantage in buyout negotiations. He also continued to communicate with and intimidate the company’s employees and consultants. On top of that, our client also learned that the shareholder had violated the duties he owed to the company during his tenure as an officer by commingling business and personal funds, among other wrongdoing.

The shareholder’s egregious behavior had the potential to damage the company’s reputation and business relationships and resulted in delayed business operations and unnecessary costs. Our client therefore sought to restrain the shareholder from any further dealings with the company. In addition to filing a Complaint against the shareholder, CMM moved by Order to Show Cause for a temporary restraining order barring the former shareholder from accessing our client’s credit line or bank accounts, interfering with our client’s business operations, contacting our client’s customers or potential customers, inducing employees to leave the company, or interfering in our client’s day-to-day business operations.

Thanks to the hard work and extraordinary advocacy of senior partners Scott Middleton (who argued the motion in court) and Patrick McCormick, associates Richard DeMaio and David Green, and paralegal Kathleen Johnson, the Court granted all the relief we sought. The Court agreed with CMM’s arguments that the defendant’s continued misconduct violated both the Shareholder’s Agreement and his fiduciary duties. Our client can now move forward by parting ways with the shareholder and starting the company’s next chapter.

Learn more about our wealth of experience handling all types of business divorce matters here.

CMM Successfully Appeals Insurer’s Denial of Disability Benefits, Ensuring Our Client’s Financial Stability During Medical Crisis

Posted: April 30th, 2019

Many injured or disabled workers fear that a denial of insurance coverage or disability benefits marks the end of an already-frustrating road of red tape and dead ends. But that’s precisely when CMM was retained to turn a client’s difficult journey around.

A Fortune 500 insurance company had denied coverage for long-term disability benefits to our client, insisting that he “did not meet the policy definition of Disability” despite well-documented medical records to the contrary. CMM fought back. Christine Malafi appealed the finding, arguing that our client’s medical records and physician assessments provided well-documented and overwhelming evidence of significant impairment such that our client was wholly unable to work.

CMM further argued that the insurance company’s denial was egregious as it was based entirely on the opinion of their own medical assessor, which was not only a clear conflict of interest but also entirely unsupported by the record. The appeal affirmed that our client was legally entitled to coverage in light of his fully-disabled status as confirmed by the Social Security Administration.

In a major win, CMM’s appeal was so persuasive that the insurance company reversed its own decision within weeks. As anyone who has attempted to obtain disability or insurance benefits knows, such a turnaround time is extraordinary. Our client can now collect benefits, stay in his home, and have financial stability during a difficult medical crisis.