News (All)

McCormick Elected Second Vice President of Suffolk County Bar Association

Posted: May 7th, 2021

Campolo, Middleton & McCormick is proud to announce that Senior Partner Patrick McCormick has been elected Second Vice President of the Suffolk County Bar Association. In this role with the SCBA Executive Committee, McCormick will play a critical part in helping the legal profession reinvent itself, expanding access to the court system, and working directly with businesses as they continue to navigate the pandemic.

This election is a significant professional milestone for McCormick, who has previously served as Secretary and Treasurer of the SCBA Board of Directors, as well as Dean of the Suffolk Academy of Law. McCormick will be sworn in at the SCBA Installation Dinner on June 3, 2021.

McCormick chairs the Appellate Practice group at CMM, having built a reputation as a strategic and talented appellate attorney over 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. McCormick has been recognized by his peers with the Martindale-Hubbell AV Preeminent® rating for ethical standards and legal ability, the highest possible rating from the most recognized legal directory and resource. 

McCormick will continue to advocate for legal education and access in his new role as Second Vice President. We are pleased to congratulate McCormick on this achievement that highlights his leadership in the legal community.

CMM Closes M&A and Real Estate Deal with National Franchise for Long Island Company

Posted: April 29th, 2021

Campolo Middleton and McCormick’s M&A team has closed yet another deal involving a national franchise, showcasing the firm’s extensive reach and capacity to handle complex transactions.

The deal involved an asset sale and a corresponding commercial real estate sale. Our client, an owner of two independent quick lube and oil change locations in Suffolk County, sold the businesses to a national franchise of retail oil change stores. In addition to selling the businesses, our client, with locations in Medford and Mastic, also sold the real estate in a multimillion-dollar deal.

Many challenges arose as the deal headed toward the finish line, but CMM’s team, led by Donald Rassiger, adeptly worked through the issues. With the support of Paralegal Katharine Campolo, the team persevered in closing the deal, which resulted in a thrilled and relieved client.

The deal highlights CMM’s ability to help clients close difficult matters in national transactions. Contact us today for guidance on your next sale, purchase, or buyout.

REPLAY: Campolo Chats with World’s Largest Drug Royalty Buyer

Posted: April 22nd, 2021

CMM Managing Partner Joe Campolo, a Stony Brook University alumnus, led a virtual interview at the annual Entrepreneurs Edge on April 8, 2021. This year’s featured entrepreneur was Pablo Legorreta, Founder and Chief Executive Officer of Royalty Pharma, the largest buyer of biopharmaceutical royalties. As an experienced interviewer, Campolo asked thought-provoking questions that helped tell Legoretta’s story to inspire the students of SBU’s College of Business.

Watch the interview replay below:

CMM Closes Multimillion Dollar M&A Deal for Crane and Rigging Company

Posted: April 20th, 2021

Campolo Middleton & McCormick’s Mergers and Acquisitions team has successfully closed another deal, demonstrating resilience in the face of a challenging on-again/off-again transaction.

The deal involved our client, a crane company specializing in crane rentals and rigging services, as the seller in an asset purchase deal. Based on Long Island, the company has been servicing Long Island and the greater New York area for decades. The transaction was months in the making but CMM’s team – led by Vincent Costa – was able to push the multimillion-dollar deal across the finish line.

The deal demonstrates CMM’s perseverance and commitment to its clients through the firm’s ability to efficiently negotiate and close complex transactions during the pandemic. Where other firms see insurmountable challenges, CMM sees temporary bumps in the road to be negotiated and worked through. Learn more about our Mergers & Acquisitions practice and call us at (631) 738-9100 for guidance on your next sale, purchase, or restructuring.

Take Control of Your Negotiation Using Active Listening Techniques

By: Joe Campolo, Esq. email

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Have you ever had a conversation with someone, and while they’re talking you say, “I see,” “Hmm,” or even “Interesting”… but when they’re finished, you ignore everything they said and go in with your pre-planned response? That’s called passive listening. The fact is, most people aren’t listening to understand – just to respond. You may think you’re showing that you’re engaged, but you won’t fool anyone for long. That’s where active listening comes in.

In negotiations, active listening can be used as a powerful tool to gather information. This requires an active mind, a degree of empathy, and listening with a goal in mind. Active listening is not simply nodding your head while your counterpart talks or just making great eye contact. Rather, it involves asking questions and providing feedback. If you can master active listening, you’ll be able to steer a negotiation to your advantage…if you would just actively listen!

Let’s break it down into three easy steps, then we’ll put it into practice:

Paraphrasing aka Mirroring

No, this isn’t the same type of mirroring where if someone scratches their head, you lift your hand up to do the same. This type of mirroring involves paraphrasing and repeating some of the words your adversary just said. Say the words as a question to keep the person talking. This makes the person feel like you’re truly listening to them and creates a connection.

Inquiry aka Asking Questions

Asking questions that start with “what” and “why” is a great way to make the person you’re negotiating with feel in control despite the fact that you’re the one who asked a calibrated question. Calibrated questions starting with words like “how” will make your counterpart stop and think about the question you just asked. This will help you gain insight into what they’re thinking and how you can entice them with an offer they can’t refuse.

Acknowledgment aka Tactical Empathy aka Labeling

Empathy involves the ability to understand and point out (but not necessarily agree with) the feelings that the person you’re negotiating with is feeling. When you acknowledge that person’s point of view, you can help win their trust. Additionally, by using emotion labels like “You seem angry” and “It sounds like you’re upset,” you can verbally observe and point out feelings that can help you gather even more information when your counterpart confirms or denies your emotion label.

Let’s talk about a real-life example. Suppose you’re a roofer and you have a client with a commercial property in the suburbs that refers you to repair/replace a business associate’s roof in the city. After some confusion finding the access door, you inspect the city roof and let the prospective client know your recommendation to replace the entire roof, as well as the proposed price.

Later, the prospective client calls you with some concerns, saying, “The fact that you didn’t initially know how to find the way onto the roof yesterday does not give us comfort that you know how to service roofs in this area. The reviews on your website look great, and our business partners loved the service your provided for them, but we’re not sure that redoing the entire roof is the way we want to go. We appreciate your recommendation, but if you won’t consider just doing roof patches, then we are prepared to find someone who will.”

Here’s how you as the roofer might respond using passive listening:

“We do service city roofs. The complex that you own just gave us a little bit of trouble, but no worries since we were able to access the roof eventually. And in terms of the patches, we highly recommend redoing the whole roof at once since we’re up there already. Patches will not last as long as redoing the whole roof.”

Here’s how you as the roofer might respond using active listening:

Paraphrase: “It sounds like your business associates were satisfied with the service we provided them a few months ago. But if I understand correctly, you need me to assure you that we are experienced at working on city roofs? You’re also concerned about our recommendation to replace the whole roof versus doing patches? Have I captured your main points?”

Inquire: “You mentioned that you don’t know if you want to redo the whole roof? Help me understand how to you came this conclusion. Let’s talk about the cost efficiency of replacing the whole roof at once to last longer as opposed to doing patches that would be less efficient.”

Acknowledge: “It seems like you’re upset that we had difficulty finding our way up to the roof yesterday and you think that this reflects a lack of experience in the city. While we primarily fix suburban area roofs, we can assure you that we’re well qualified to fix city roofs and do it all the time.”

The roofer’s response using passive listening would most likely not have resulted in the roofer nailing the job. They failed to address the concerns of the clients and responded with a standard answer.

On the other hand, the response using active listening would have divulged key information. By using the three-step approach of paraphrasing, inquiring, and acknowledging, the roofer could have found out, for example, that the potential client wanted to do patches instead of the whole roof because the client was not expecting to do business in the building long-term and wanted only a temporary solution. With this information, the roofer could have tailored their recommendation differently and gained a new client.

Using mirroring, calibrated questions, tactical empathy, and labeling, you too can gather information to guide a negotiation. Using active listening to understand the goals of your counterpart could be the difference between a recipe for control of the situation and a recipe for disaster. So, the next time you find yourself listening to a person and coming up with your own rebuttals right away, try slowing down, making a few observations, and asking a few questions. You might find yourself with the understanding of your counterpart that you need to succeed in that negotiation. For more information on active listening, check out the Harvard Program on Negotiation article, “Negotiation Skills for Win-Win Negotiations” here and read up on passive vs. active listening in the Social Engineer blog here.

Campolo Presents Second Installment of Virtual Series “Beyond the Book”

Posted: April 19th, 2021

Event Date: May 13th, 2021

Join Joe Campolo, Co-Founder of Moving Forward Strategies, as he goes “Beyond the Book” with like-minded business professionals during this 90-minute complimentary virtual event. Joe Campolo and MFS Co-Founder Donna Sirianni will provide an in-depth analysis of the book Connected to Goodness by David Meltzer, followed by an interactive discussion and an intimate Q&A with the author.

In Connected to GoodnessDavid Meltzer reveals his seven interconnected principles for success in manifesting everything you desire in business and life. Meltzer’s philosophy on how the combination of meditation, values, and energy has created the peace and balance he now enjoys in his personal and professional world.

The event will begin with a 30-minute presentation from Joe Campolo to learn how he has manifested success in his personal and professional life as a U.S. Marine and Managing Partner of Campolo, Middleton & McCormick, LLP. Donna Sirianni will follow with powerful, interactive lessons that will help you tap into your spiritual side and focus your energy on your desires in life and business. Lastly, David Meltzer will join us for an intimate Q&A with the audience!

ABOUT THE AUTHOR:

David Meltzer is the Co-founder of Sports 1 Marketing, one of the world’s most successful sports marketing firms, and has spent 25 years working as an entrepreneur and executive in the legal, technology, sports, and entertainment fields. He formerly served as CEO of the renowned Leigh Steinberg Sports & Entertainment agency, which was the inspiration for the movie Jerry Maguire. He is a philanthropist, three-time international best-selling author, Top 100 Business Coach, Fortune 500 speaker, Executive Producer of Entrepreneur‘s #1 digital business show, Elevator Pitch, and host of the top entrepreneur podcast, The Playbook.

DATE: Thursday, May 13, 2021

TIME: 1 PM – 2:30 PM

What Does Legalization of Marijuana in New York Mean for Employees & Employers?

Posted: April 12th, 2021

By: Vincent Costa, Esq. email

Tags: ,

With the legalization of recreational marijuana in New York State, employers and employees alike might be wondering to what extent an employer can tell employees to “Keep Off the Grass.”

Before we tackle employment-related issues raised by the legislation, here is a summary of the main provisions of the new law:

Permitted Use

  • In New York State, adults 21 and over will be able to possess up to three ounces of marijuana but unable to sell it until a retail system is set up
  • Adults 21 and over will be allowed to smoke marijuana in any public place where smoking is allowed
  • Restrictions will be placed on smoking cannabis in restaurants, schools, and the workplace
  • Eventually, adults 21 and over will be able to cultivate six plants for personal use at home
  • Municipalities will be able to impose regulations and create restrictions such as banning the retail sale of marijuana

Criminal Regulation

  • People with marijuana-related convictions that are no longer criminalized will have their records automatically expunged
  • Police will not be allowed to use the smell of marijuana to justify vehicle searches
  • Driving while under the influence of marijuana will still be illegal

Tax Structure

  • Medical marijuana taxes will remain unchanged
  • Recreational marijuana will have a 13% tax rate with 9% allocated to the state and 4% to localities

As New York State joins the 15 other states (as of this writing) that have legalized the adult use of marijuana, a major question is what the impact the new legislation will have on the workplace.

Can Employers Still Drug Test for Marijuana? How Does the Law Impact the Hiring Process?

Currently, even with the new legislation, there is no law that bans marijuana from drug testing in New York State as a whole. However, New York City has already showcased its less rigid stance on marijuana drug testing. As of May 2020, NYC banned most employers from requiring job applicants to submit to a marijuana drug test as a condition of employment with the exception of positions in law enforcement, transportation and construction. Now that marijuana is legal, it’s possible that New York State could follow NYC’s lead and ban marijuana testing as well.

While employers might still be able to drug test for marijuana, an amendment to Section 201-d of the New York Labor Law explains that employers may not refuse to hire, employ, discharge, or otherwise discriminate against someone who uses cannabis lawfully while off-duty and off-premises. Therefore, despite it being legal for employers to test for marijuana, a positive marijuana test does not necessarily equate to workplace “impairment.” Workplace “impairment” would permit an employer to take adverse action.  The legislation defines being “impaired” by cannabis use when an employee “manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position.”

It is important to note that while New York has legalized the possession and use of recreational marijuana, under federal law, marijuana is still illegal. If that sounds confusing, that’s because it is. While the new law requires that employers follow state law when it comes to marijuana, it also provides that an employer is exempt from following the nondiscrimination provisions of the marijuana legislation if complying would result in the loss of a federal contract or federal funding.

Can Employers Control Employee Use of Marijuana Outside of Working Hours?

While the law on testing for marijuana in the workplace is still unsettled, employers will still be able to ban it from the workplace and use being high on the job as basis for termination. However, while employers can prohibit the use or possession of marijuana on-site or during work hours, they cannot control what an employee does or does not do outside of working hours. So employers cannot prohibit employees from smoking pot outside of working hours, nor can they discriminate against employees who do so.

What Kind of Workplace Policies Can Employers Set?

While some may welcome the scent of marijuana in the air at an outdoor concert, the same scent may not be as well received in the office. So employers should take advantage of the opportunity to update their employee handbooks and spell out the consequences of using marijuana during working hours – typically, in a manner that resembles the consequences of alcohol use. Similar to how an employer can set an alcohol-free policy where employees are not allowed to be intoxicated on the job, they can do the same for marijuana and prohibit being “impaired” by cannabis use. If an employer mandates a drug-free policy in their handbook, that means they might not only require that employees stay off the grass, but also keep it off of workplace premises.

Additionally, employers can set policies for marijuana usage during lunch and break times. Employers should clearly communicate with employees to ensure they are aware of their employer’s drug-related policies, as well as train and advise managers on the policy changes.

New York’s approach to navigating the legalization of marijuana will be a constantly evolving topic over the next several months and even years. If you have any questions about specific guidelines, situations, or need a policy revision for your business, please contact our Labor and Employment Department at (631) 738-9100.

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

CMM Brings Contentious Litigation to Successful Settlement

Posted: April 12th, 2021

When emotions are running high during a contentious litigation, it can be difficult for the parties living and breathing it to take a step back and decide the best path forward. A CMM client in the technology space recently found itself in that situation. Thanks to CMM’s business-focused approach, the client was empowered to see the full picture and make the best decision for the business.

Our client had sold a technology product to the plaintiff, who complained that it did not work properly; our client contended that the plaintiff had simply used it wrong despite receiving training and support. A lawsuit ensued, with an immense amount of discovery and tension to match. The parties would not budge on their versions of what happened, and it appeared that the litigation could go on indefinitely. The distance between the parties seemed to grow each day.

Sometimes litigation is a necessary and best approach to handling a dispute. Other times, expensive litigation can be avoided by a lawyer who takes the time to truly understand the issues. CMM’s David Green recognized that settling the case was in the best interest of all parties. Green was able to convince the plaintiff, as well as our client, that prolonged fighting through litigation would not benefit either side. Ultimately, the parties were able to put emotions aside and make a deal.

“Outstanding settlement! I’m very pleased with the result and thank you for keeping settlement discussions alive,” our client’s insurance adjuster shared with Green.

The plaintiff’s attorney agreed, telling Green that “Resolution is always possible with a professional on the other end.”

CMM is in the business of helping clients achieve their goals in the best way possible – not in litigating for litigation’s sake. Learn more about our litigation work here.