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CMM recently demonstrated its agility and creative lawyering by resolving an impasse that others couldn’t, paving the way for a real estate deal to move forward.

Don Rassiger was brought in to take over the drafting and negotiation of the surety bond and environmental obligations on a transaction that included the acquisition of an environmentally sensitive real estate parcel subject to a remediation plan with the Environmental Protection Agency. In under 24 hours, Don resolved the impasse in the language with the EPA, the surety companies, and the seller. Our delighted client wrote, “Brilliantly executed! Thanks for the great turnaround. It will not be forgotten.”

CMM attorneys are adept at finding solutions where others have struggled or failed. Learn more about our Construction and Environmental work here.

First Amendment rights, social media, land use issues, and environmental concerns collided in Campolo, Middleton & McCormick’s latest litigation victory, spearheaded by attorneys Frederick Eisenbud and Richard DeMaio.

Our clients, an environmentally conscious couple, clashed with a developer who sought permission to construct a 176-unit condo project adjoining our clients’ property. Concerned about the condo project’s environmental impact, our clients (represented by other counsel) challenged the developer’s approvals by filing two Article 78 petitions (lawsuits to challenge the approvals), which ultimately were dismissed. They also maintained an active social media presence to keep the public informed about the project. In response, the developer sued them for slander, libel, intentional infliction of emotional distress, and malicious prosecution.

The couple hired an attorney to answer the lawsuit, then retained CMM for a second look. Eisenbud and DeMaio immediately recognized that many of the claims against our clients, while baseless, were also time-barred by the statute of limitations – but the prior attorney hadn’t raised this defense in the answer. CMM also counseled our clients that the developer’s lawsuit was a classic example of Strategic Litigation Against Public Participation – a SLAPP suit – designed to punish our clients for exercising their First Amendment rights and to deter others from opposing the project.

CMM moved for permission to file an amended answer that raised the statute of limitations defense as well as counterclaims against the developer pursuant to New York’s anti-SLAPP statute.  At the same time, we moved to dismiss all claims in the amended complaint against them as legally defective except those for slander which were not time-barred. As to those, we concurrently moved for summary judgment. In January, the Nassau County Supreme Court (Justice Roy S. Mahon) granted all of our motions and dismissed the entire complaint against our clients. Having succeeded in our efforts to get the entire complaint dismissed, the only causes of action remaining in the case are our clients’ counterclaims against the developer for damages for violating the clients’ First Amendment rights.

Learn more about our preeminent Environmental & Land Use practice here.

Campolo, Middleton & McCormick has successfully closed an asset purchase transaction in which we represented Canada-based Clairus Group in its first U.S.-based acquisition. Clairus Group, a fast-growing, vertically-integrated leader in automotive glass distribution, replacement, and claims management, acquired a majority stake in Ohio-based Advanced Auto Glass, a leading auto glass repair and replacement business, with an operational network comprised of nine in-bay locations, a fleet of 11 mobile service units, and a distribution warehouse serving Ohio, Pennsylvania, and West Virginia. This was the first of several transactions that Clairus Group plans to pursue in the U.S. market. Based on the excellent results and hard work of the CMM team, including Corporate Department managing attorney Don Rassiger, the client has already engaged CMM to draft and negotiate another similar acquisition involving an independent auto glass repair and replacement business located in the northeastern U.S.

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.

In a deal that spanned numerous corporate and employment law issues – and even a brief stint in court – CMM successfully closed a stock purchase transaction that enabled a longtime Long Island manufacturing company to begin its next chapter.

Our client was a 50% owner of the company and had become engaged in an arduous battle over control of the company with his business partner. Unfortunately, without an effective Shareholders’ or Operating Agreement in place, long, drawn-out battles among formerly friendly business partners become all too common. As the years go by, many “what happens if” scenarios that were never addressed in good times catch up and become reality.

Hostile negotiations made it seem that this business divorce was destined for litigation (and did in fact include an appearance in the Suffolk County Commercial Division), but CMM continued to push for a more cost-effective solution. After several months of difficult negotiations, the parties agreed to a purchase price, including a long-term facility lease and a note. CMM Corporate Department managing attorney Don Rassiger negotiated the deal with assistance from Vincent Costa, who also worked on the documentation for the deal. Our client bought out his partners’ shares in the company and is now able to move the business forward. This critical step will allow the business to continue to grow and contribute to the Long Island economy.

Though business divorces are never easy, CMM attorneys are adept at untangling owners’ interests from businesses suffering a crisis. Learn more about our Corporate work here.

CMM has vast experience representing transportation providers in accident-related claims alleging personal injury and catastrophic loss. That experience recently led to the dismissal of all claims alleged in federal court against our clients, the out-of-state owners of a trucking/logistics company, in the firm’s latest litigation success story.

CMM represented Georgia residents in a personal injury action brought in federal court in New York by a plaintiff who resided in New York. The plaintiff was injured in a motor vehicle accident involving the defendants’ truck in the trailer yard of Bob’s Discount Furniture in Maryland. CMM Senior Partner Scott Middleton, assisted by litigator Richard DeMaio, moved to dismiss for lack of personal jurisdiction. Essentially, CMM argued that the federal court in New York had no authority to hear a case against Georgia defendants regarding an accident that took place in Maryland; the plaintiff failed to allege that our out-of-state clients had any reasonable expectation that a trucking accident in Maryland would have consequences in New York.

While the plaintiff argued that his residence and medical treatment in New York should be enough to allow the suit to continue, the court was persuaded by CMM’s arguments, finding that there was no basis to exercise jurisdiction over our clients. In a victory for our clients, the court granted CMM’s motion to dismiss and closed the case.

CMM attorneys have decades of experience representing transportation providers including municipal bus lines, coach and school bus companies, fleet carriers, logistics companies, and limousine businesses. We have successfully defended clients insured by numerous major insurance companies across the country in virtually all areas of insurance coverage and defense. Learn more about our Liability Insurance & Insurance Coverage practice here.

CMM Managing Partner Joe Campolo and Cerini & Associates Managing Partner Ken Cerini brought the business and nonprofit communities together on January 29 with a candid discussion about creating win-win partnerships. Over 50 business and nonprofit leaders made new connections and came away with a fresh perspective from the event, “A Conversation About Philanthropy and Business,” held in CMM’s state-of-the-art training room in Ronkonkoma.

Campolo spoke of the need to create long-term partnerships, emphasizing that today’s employers and their teams need to be able to visualize and experience the impact of their charitable giving, not just write a check. Businesses need to remain profitable, Campolo explained, and engaging with nonprofits in a way that brings in business does not dilute their charity; rather, it increases engagement and thus the likelihood of the partnership continuing long after the next golf outing or gala is over. “There needs to be something strategic happening,” Campolo said. “How are we investing time between now and the next event?”

The intimate nature of the event helped foster candid discussion and the opportunity for guests to learn from one another. Nonprofit leaders emphasized that businesses often fail to factor in the administrative costs a nonprofit relies on to function, and discussed how they have had to adapt to an increased number of gifts restricted to specific events or projects, creating a cash flow crunch in other areas.

Feedback was overwhelmingly positive, with attendees pointing out the actionable strategies they learned and planned to implement. “This morning’s discussion on philanthropy and business was easily the best event I have attended,” said Kevin O’Connell, owner of Hampton Pest Management. “Thank you for your care and concern for the vulnerable residents of Long Island,” said Jennifer Capezza, Director of Development at L.I. Against Domestic Violence. “There should be more folks out there like you.”

CMM’s goal is to serve as a resource for the Long Island community with forward-thinking events like this one. Sign up for our newsletters to receive updates in your inbox!

Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Westbury, Ronkonkoma, and Bridgehampton, has made a generous ten-year gift commitment in the amount of $450,000 to the Staller Center for the Arts at Stony Brook University. This gift was made because of the leadership and generosity of CMM Managing Partner Joe Campolo, a Stony Brook University alumnus, Alumni Association Past President, and valued member of the Staller Center Advisory Board. This new pledge solidifies the firm’s dedication to the arts and the University as a whole.

The firm’s gift will continue their support as an annual Major Corporate Supporter of the Staller Center for the Arts Live Season and Stony Brook Film Festival, toward a new modern sound system for both the main stage theater and recital hall to enhance live performances at the Staller Center, for the Alumni Association Past President’s Scholarship, and for the Joseph N. Campolo Award for Legal Studies. The firm’s support of the Staller Center under the leadership of Joe Campolo is in addition to the firm’s longtime significant support of Stony Brook Athletics, spearheaded by CMM Senior Partner Scott Middleton, for whom the Middleton Family Student Athletic Alumni Award is named.

Philanthropy is a critical component of CMM’s DNA. In 2018, the firm launched CMM Cares, a volunteer initiative to benefit the community with donations of time, dollars, and support. As a Long Island business leader, Chairman of the HIA-LI Board of Directors, and Staller Advisory Board member, Joe Campolo also serves on the Board of Directors of the Long Island High Technology Incubator, also based at the University. Scott Middleton is a member of the SBU Intercollegiate Athletic Board and Stony Brook Children’s Hospital Task Force among many other prominent board associations.

Outside of NYS allocated funding, nearly 70% of support for Staller Center for the Arts comes directly from private donations through the generosity of corporations, individuals, and foundations. Funds raised directly impact the caliber of performers the Staller Center brings in, keep ticket prices affordable, and benefit critical arts and education outreach to the Long Island community. The new sound system that CMM funded for the Staller Center was a much-needed upgrade to both theaters and creates a new sleek look and dynamic sound performance. The Staller Center for the Arts is extremely thankful to Joe Campolo and his CMM colleagues for their unwavering dedication to helping keep the arts thriving.

When business partners can no longer work together, sometimes the best option for all parties to keep moving forward is a “business divorce.” CMM recently earned praise from a client for the firm’s successful navigation of both the legal and emotional issues that arose when the partners of a closely-held family business parted ways.

CMM represented the majority shareholder of a family-owned real estate company that owns and leases over 600,000 square feet of commercial and industrial properties throughout Long Island. Contemporaneous out-of-state divorce proceedings and estate planning issues for the high net worth family complicated the business breakup, but CMM remained focused on maximizing our client’s investment of time and money in the family business. The creative lawyering and business acumen of CMM attorneys Donald Rassiger and Vincent Costa successfully avoided litigation (a tremendous cost savings) and resulted in a positive outcome for our client, who shared after closing, “I want to thank you for your efforts on behalf of my family. It was a great team effort.”

CMM has extensive experience handling stock/equity purchases and sales when one or more partners buy out the other(s). The firm is adept at untangling owners’ interests from corporations, LLCs, and partnerships in crisis. Learn more about how we devise personally tailored solutions to help clients overcome challenging situations and achieve their business goals here.

Ronkonkoma, NY – Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Ronkonkoma, Bridgehampton, and Westbury, is delighted to announce that CMM attorneys Arthur Yermash (pictured left) and Jeffrey Basso have been elevated to Partners at the firm, effective January 1, 2019.

Arthur Yermash counsels clients in all areas of labor and employment law. He advises on compliance with federal, state, and local laws affecting the workplace and routinely negotiates a variety of employment-related documents and agreements. His practice also includes the defense of corporations and employers in discrimination claims, wage and hour disputes, and investigations by regulatory and government agencies. In addition to his extensive employment practice, Yermash has drafted and negotiated hundreds of contracts for various business-related matters and also has significant experience negotiating on behalf of clients in commercial real estate matters.

Yermash joined CMM in 2007 as a law school intern and worked his way up to Associate and Senior Associate before being named Partner. Born in Ukraine, Yermash immigrated to the United States with his family at age seven. He graduated from Brooklyn Technical High School, Baruch College (CUNY – Macaulay Honors College), and Touro College – Jacob D. Fuchsberg Law Center. He lives in Brooklyn with his wife and two young daughters. As of February 2019, Yermash will be based in the firm’s new Westbury office.

Jeff Basso is a member of CMM’s litigation team, representing business owners, corporations, officers, shareholders, and investors in a variety of matters in state and federal court involving business and contractual disputes. An aggressive litigator, Basso’s successful track record spans numerous industries. He has vast experience prosecuting and defending actions involving employment contracts, non-compete agreements, trade secrets, fiduciary duty, breach of contract, hour and wage disputes, real estate transactions, and construction matters. He is also experienced in representing clients in business divorce matters, including the negotiation of creative strategies to divide assets.

A lifelong Long Islander, Basso is a graduate of the University of Delaware and St. John’s University School of Law. He also holds a professional certificate from the National Institute for Trial Advocacy (NITA) for trial skills. Basso, who joined CMM in 2012, resides in Commack with his wife and two young daughters.

“On behalf of the senior partners, we’re thrilled to welcome Arthur and Jeff to the partnership,” said Managing Partner Joe Campolo. “Not only is their promotion a milestone professional achievement for them, but also for the firm. We celebrated our 10-year anniversary in 2018, which also marked the first time we welcomed new partners from within the firm’s ranks. Their achievement is a testament to our growth and success.”