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Further demonstrating our relentless pursuit of excellence, CMM is thrilled to announce that Vincent Costa, Senior Associate and member of our Leadership Team, has been recognized by Stony Brook University as a 2019 40 Under Forty honoree. This prestigious award recognizes exceptional Stony Brook alumni under age 40 who have demonstrated both excellence in their chosen professions and outstanding advocacy for their community. Costa will be honored at the awards ceremony on January 15, 2020 at Current at Chelsea Piers in Manhattan.

This year’s honorees consist of world-class athletes and leaders in law, medicine, education, government, and the arts. Costa’s nomination stood out to the selection committee due to his unique blend of business and legal experience and passion for helping Long Island businesses succeed.

Prior to law school, Costa worked for many years at a busy family-run restaurant, working his way up to General Manager while also attending Stony Brook. This experience deepened his interest in business, so he majored in Business Management, earning the Outstanding Achievement in Finance award at graduation. He then decided to pursue a career as a lawyer, where he could put his business and legal education to work serving and growing the local business community.

At CMM, Costa focuses on corporate and transactional work. Based on his decade of experience running a business, he understands what business owners need from their legal advisors, and he therefore brings a practical approach to each matter. He focuses on being a dealmaker, always asking “How can we make this work?” and “What does the client really need?” His outside-the-box thinking and work ethic have accelerated his growth beyond many of his peers in the legal profession and as a result, he has successfully managed and completed M&A transactions for local and international businesses – a responsibility usually left for senior counsel.

Since joining the firm in 2014, Costa has flourished from a newly minted law school grad to a mentor for his fellow associates. He has been recognized as CMM’s “Attorney of the Year” based on the superior client service he delivers as well as his efforts to mentor and grow his fellow attorneys.

“The extraordinary talent demonstrated by these individuals in their early careers is a testament not only to the high-quality education they received at Stony Brook University, but also to the caliber of our entire student community,” said Interim University President Michael Bernstein of this year’s honoree class. “We applaud the achievements of this year’s 40 Under Forty honorees.”

According to a 2017 Workplace Bullying Institute survey, 19 percent of workers had experienced bullying in the workplace and another 19 percent had witnessed it. Applied to the total workforce, these percentages translate to about 60 million workers.[1] The #MeToo movement has brought renewed attention to the alarming prevalence of sexual harassment and assault, causing many employers to revisit their anti-sexual harassment policies and procedures. Employers should also take this opportunity to examine their workplace anti-bullying policies – or create them in the first place – as workplace bullying is unfortunately also not an uncommon problem.

Workplace bullying can be defined as persistent, malicious, unwelcome, severe and pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee, whether verbal, physical or otherwise, at the place of work or in the course of employment. Unlike workplace anti-sexual harassment policies, companies are usually not required by law to have anti-bulling policies – but they would be wise to, so when issues inevitably arise, there are clear guidelines that leave little room for confusion, interpretation, and disagreement.

A complete anti-bullying policy contains five elements: (1) definition; (2) examples; (3) reporting procedure; (4) investigation procedure; and (5) disciplinary action.

Definition

In addition to the description above, workplace bullying can also be defined more generally as any words or actions that make an employee feel uncomfortable, threatened, or intimidated, or that interfere with others’ work or prevent work from getting done.

Examples

It is important for employers to provide concrete examples of workplace bullying to eliminate confusion and be as clear as possible in an effort to maintain the integrity of the policy. The list of examples should address issues such as: name-calling; persistent phone calls, emails, or other communications; unreasonable public criticism; exclusion from meetings or social situations; destructive gossip/rumors; intentional interference or sabotage of one’s work; stalking; etc. There are endless potential forms of bullying, and any list of examples should include a disclaimer that the list is merely illustrative and not exhaustive.

Reporting Procedure

Reporting procedures should generally follow that of the company’s anti-sexual harassment policy, with a clear indication that employees may report directly to HR rather than their immediate supervisor.  This is important because workplace bullying can be perpetrated by supervisors as well.[2]  It is also important that employees understand that they are encouraged to report bullying and abusive behavior as soon as it occurs.

Investigation Procedure

The investigation of any reports must be carried out confidentially and in a timely manner. The investigating supervisor should request written statements from the victim/target, the accused “bully” and any witnesses. All statements, meetings and events should be documented. The policy must clearly state that any form of retaliation against the reporting employee during or after the investigation is strictly prohibited.

Disciplinary Action

If behavior in violation of the policy has been found to have occurred, then depending on its severity, the employee may be given an opportunity to change course. Employers should consider an “action plan” with specific goals and check-ins, or requiring an apology, counseling, and training (or both). Further, the policy should make it clear that egregious behavior may result in immediate termination, without a chance for reversal.

All employees should be made to understand that management wants to see all employees succeed, and that bullying co-workers is bad for the workplace as a whole, and the offender’s career as well. 

Training and Awareness

While having a policy is critical, if employees don’t understand it, it will be ineffective. It is imperative that every employee is aware of and understands the company’s anti-bullying policy. This can be done through periodic training and by making the policy constantly visible (e.g., with a poster) and easily accessible. Bullying diminishes employee morale, and preventing and addressing it results in a safer, happier, and more productive workplace.

Please contact us with any questions about your particular policy or for assistance drafting policies for your workplace.

[1] https://www.workplacebullying.org/2017-prevalence/

[2] https://www.workplacebullying.org/wbiresearch/wbi-2017-survey/

Campolo, Middleton & McCormick, a premier law firm with offices across the spine of Long Island, will be honored by Family Service League (FSL) at their upcoming gala. CMM will receive the Corporate Leadership Award in recognition of our support and commitment to giving back to our neighbors in need through CMM Cares. FSL, a Long Island based non-profit human service organization, will host “Great Chefs of Long Island” on Monday, November 18, 2019 at 5:30 p.m. at Crest Hollow Country Club in Woodbury, NY.  Senator Phil Boyle, representative of the 4th District of the New York State Senate, will also be honored at the event with the Government Leadership Award.

“As leaders in the Long Island community, CMM believes that our role as advocates extends far beyond our client matters – we believe it’s our responsibility to advocate for our region’s success,” said Christine Malafi, Senior Partner at CMM and an FSL board member. “Throughout its 93 years, Family Service League has proven that grassroots community services work!  FSL helps more than 50,000 people each year and makes Long Island a better place to live for all of us.  FSL and CMM Cares [CMM’s charitable arm] are therefore a natural fit, and we couldn’t be more proud to support FSL’s critical work.”

In honor of CMM’s 10th anniversary in 2018, the firm launched CMM Cares, a volunteer initiative to benefit the Long Island community with donations of time, dollars, and support. The firm hosts a variety of volunteer and fundraising events throughout the year to benefit local nonprofits.

The evening’s festivities for the over 450+ guests include tasting signature dishes created by 40 of Long Island’s Master Chefs. These outstanding delicacies are complimented with a large selection of wines and spirits which together offer a unique gastronomic experience.  In addition, FSL supporters will be able to shop both in person and live-on-line for exclusive travel experiences, designer gifts, and luxury services at the auction.    

In early October, the Supreme Court will hear argument in a trio of cases asking whether federal employment law protects LGBT employees. The cases will provide a definitive answer as to whether federal employment law prohibits discrimination based on sexual orientation and gender identity. The Supreme Court takes this trio of cases at a pivotal time. These are the first cases affecting LGBT employment rights since Justice Kennedy retired, who provided the key swing vote in several cases involving gay rights. And no matter the outcome of these cases, the decisions will come in the spring or summer of 2020, thrusting the Supreme Court to centerstage in the next presidential election.

In the first two cases heard together, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Supreme Court will decide whether federal employment law prohibiting discrimination protects gay and lesbian employees. Both cases involve male employees who claim their employers discriminated against them by terminating their employment after finding out they were gay. The employees then went to federal court in New York and Georgia where they argued that their firing violated federal employment law, which prohibits discrimination “because of sex.” The cases resulted in a circuit split. The U.S. Court of Appeals for the 2nd Circuit permitted Zarda’s case to move forward, reasoning that discrimination based on sexual orientation is a “subset of sex discrimination,” but the U.S. Court of Appeals for the 11th Circuit reached the opposite conclusion, holding Bostock’s case could not go forward because federal employment law does not apply to discrimination based on sexual orientation.

As expected in such landmark cases, each side is supported by a legion of amicus briefs. But the allegiances to the employees and employers are surprising. In support of the employees, 206 companies—including Apple, Facebook, and Walt Disney—filed a brief explaining the practical and beneficial effects of banning discrimination based on sexual orientation. The businesses informed the Court that banning sexual orientation discrimination benefits business by ensuring “consistency and predictability” and making it easier to “recruit and retain top talent.”

On the other side, the employers have the federal government in their corner. The government echoes the employers’ argument that federal law prohibits employers only from treating members of one sex differently from members of the opposite sex. The government further maintains that if Congress intends the law to mean differently, it should be left to Congress to legislate; the Court should not engraft additional statutory protections.

In the third case, R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, the Supreme Court will decide whether federal employment law protections apply to transgender employees. The funeral home’s employment records indicated the employee was a man, but the employee identified as and wanted to dress as a woman. The funeral home terminated the employee, stating that allowing the employee to dress as a woman violated its dress code.

The employee’s argument is two-fold. First, she claims the funeral home fired her because of her sex for choosing to identify as a woman. Second, she claims precedent prohibits the funeral home from discriminating against her based on her failure to conform to sex-based stereotypes about how men and women should appear and identify.[1] On the other side, the funeral home argues—as in Zarda and Bostock—discrimination on the basis of sex prohibits employers only from treating members of one sex differently from members of the opposite sex.

Regardless of the outcome of the trio of cases, the stakes are high. Supreme Court precedent and federal law serve as guideposts for state laws. Although many states provide protections for LGBT employees, some do not, and decisions in these cases will influence whether those states afford protections LGBT employees. Moreover, states often rely on or cooperate with the EEOC in investigative and enforcement capacities. Decisions holding that LGBT protections do not fall in the ambit of federal employment law will hinder states in enforcing their anti-discrimination laws. Because these cases will have such a tremendous impact on LGBT employees’ rights and employers’ duties, we look forward to discussing the High Court’s decisions and the impacts they will have on business.

[1] Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).

Campolo, Middleton & McCormick, LLP is proud to announce that five attorneys at the firm, in multiple practice areas, have been named to the 2019 Super Lawyers list, one of them as a “Rising Star.” The CMM attorneys recognized this year, and the practice areas for which they have been recognized, are:

• Scott Middleton – Personal Injury
• Patrick McCormick – Real Estate
• Christine Malafi – Business and Corporate
• Donald Rassiger – Business and Corporate
• David Green (Rising Star) – General Litigation

The rigorous Super Lawyers selection process is based on peer evaluations, independent research, and professional achievement in legal practice. The “Rising Stars” recognition denotes superior professional achievement by attorneys who have been in practice for under 10 years or are under age 40. No more than 2.5 percent of lawyers in New York State are named to the Rising Stars list.

Learn more about CMM’s outstanding legal professionals here.

On September 26, CMM attended the Tesla Science Center at Wardenclyffe’s Gala at Flowerfield Celebrations honoring our friends Eugene Sayan of Softheon and Peter and Irene Klein of the Claire Friedlander Family Foundation. True to CMM’s innovative spirit, Joe Campolo serves as National Advisory Board Chairman and Marc Alessi serves as Executive Director for the Center, a Long Island gem. It was a night filled with excitement as guests marveled at plasma globes, floating lightbulbs, and flying magnets. Some very special guests were also in attendance including Mark Twain, Sarah Bernhardt, Thomas Edison, and even Nikola Tesla himself. As the guests moved into the ballroom for dinner, they were serenaded by the The Divine Hand Ensemble, which included a theremin.

CMM is proud to support the development of the Tesla Science Center, which is sure to be a one-of-a-kind spot for entrepreneurs, visionaries, and budding young scientists. Check out some of the event photos below, and view all photos from the event here.

Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Westbury, Ronkonkoma, and Bridgehampton, is proud to announce that Senior Partner Christine Malafi has been recognized by Super Lawyers. The rigorous selection process is based on evaluation of 12 indicators including peer recognition and professional achievement in legal practice.

Malafi chairs the firm’s Corporate department, one of the most robust teams in the region. Her practice focuses on mergers and acquisitions, corporate governance, routine and complex transactions, labor and employment, and other business matters, as well as municipal and insurance issues. She represents buyers and sellers in multimillion-dollar transactions and serves in a general counsel role for many of the firm’s internationally-based clients.

Learn more about CMM’s outstanding legal professionals here.

On this difficult anniversary, CMM Managing Partner Joe Campolo shared these words with our team.

18 years ago, I was an associate at a firm in Uniondale.  I had arrived early that morning because I was stressed out about a motion that needed to go out that day.  When the first plane hit, my secretary Shelia came into my office and calmly told me that plane had hit one of the towers but she assumed it was an accident.  There was a small TV in one of the conference rooms where some people had gathered and were watching the news.  It was then, as I was watching, that the second plane hit and everyone gasped.  From the windows of the west side of our office (we were in the west tower of the old EAB, which is now RXR Plaza) you could see the city skyline and the smoke billowing in the distance.  My mind was racing, doing quick math and realizing very quickly that this was not going to be good.  It was then I felt an immediate reaction, or compulsion rather, to get out of there and make sure my daughter was safe.  I called my ex-wife and she was on her way to pick up Kat from her Montessori school, and I drove like a bat out of hell from Uniondale to Setauket so I could see she was safe with my own eyes.  I will never forget the immense comfort and joy I felt when I finally saw Kat and was able to hug her. 

In recalling this, I cannot imagine the level of joy the people who had family members and loved ones must have felt when they were able to see the ones who made it out of the towers safely. Conversely, I cannot imagine the pain and loss felt by the families who were never able to see or hug their loved ones again.  It is a senseless tragedy with loss that rises past our comprehension.

9/11 was not just a tragic accident, it was a monumental event on all humans who were alive to experience it, and its aftermath has devastating effect on humanity. Society as a whole now trusts less and hates more.  It cause humanity to become much more decisive and intolerant, none of which is good.

Today I ask that we all remember all the innocent men and woman who were murdered, and the brave fire fighters and police who risked and gave their lives to try and help save others.  I do not ask that we just remember their names, but I ask that we remember the good that was in their hearts, the fact that no one cared if a person was a democrat or republican, or black or white, but simply that we were all human beings trying to help each other.  That, to me, is the lesson of 9/11, one that has been entrusted to all us survivors: to use that experience and the memories of those who died to remind us every day that it is up to us to help make this world a better and more peaceful place before it’s too late.