News (All)

CMM Secures Dismissal of Complex Breach of Contract Case Filed Against Our Client

Posted: August 19th, 2020

CMM has built a reputation for not shying away from the complicated cases that give other attorneys pause. Our skill in navigating the knottiest of fact patterns was on full display in a recent decision dismissing a complex commercial case against our clients.

The plaintiff had acquired a vending route from our client, a vending company, and a year later filed suit alleging breach of contract, fraud, unfair competition, tortious interference, and other claims against the vending company and its owners. The complicated fact pattern involved multiple underlying agreements as well as subsequent agreements between our clients and other defendants. The plaintiff then moved for summary judgment on several of the claims (essentially, urging the court to find that there were no facts in dispute and to rule in plaintiff’s favor). CMM’s commercial litigation team, including Jeffrey Basso, Patrick McCormick, and Richard DeMaio, opposed the motion on behalf of our clients and moved to dismiss the case on behalf of the individual defendants. Our motion papers detailed each claim, the requirements to successfully allege each claim, and applied the thorny fact pattern to the law, demonstrating why the plaintiff’s motion should be denied and why the individual defendants should be let out of the case.

The Court’s lengthy decision, issued earlier this month, was a terrific win for our clients. The Court granted our motion to dismiss the case against the individual defendants and denied the plaintiff’s motion for summary judgment. The decision leaves only a few claims remaining against our client, the corporate defendant, which we look forward to resolving favorably.

Learn more about our successful commercial litigation practice and contact us at (631) 738-9100 to discuss how we can help your business with any need.

CMM Wins Critical Appeal in Trade Secret and Unfair Competition Case

Posted: August 12th, 2020

Patience is a virtue when it comes to litigation, but some decisions are worth the wait!  CMM has successfully appealed the dismissal of numerous claims in a commercial case, paving the way for our client to pursue claims against a multinational competitor who interfered with his business.

CMM’s client is a technology and manufacturing company with operations in the United States and China. The client brought a lawsuit against a former employee and other related parties for breach of a noncompete agreement, misappropriation of trade secrets, unfair competition, and false advertising. The former employee moved for summary judgment (essentially asking the court to dismiss the case on the grounds that there were no facts in dispute), and in 2017, the trial court agreed, dismissing the claims.

CMM appealed the dismissal to the Appellate Division, Second Department. CMM’s Jeffrey Basso wrote the brief and argued the appeal in January 2020, analyzing the complex facts and law behind each claim to convince the Court that the claims should not have been dismissed.

In a decision issued in July 2020, the Appellate Court agreed with CMM’s arguments, reversing the trial Court’s decision and reinstating three of the four dismissed claims. This decision is a huge win for our client, allowing the company to continue to pursue claims against the former employee, who in the years since has become a major competitor.

Learn more about our successful commercial litigation and appellate practices and how we can help your business with any need.

Business Unusual: Economic Development with Natalie Wright and Dave Calone

Posted: August 11th, 2020

August 11, 2020 – Episode 13 of Business Unusual Weekly Recovery Webinar with business leaders Joe Campolo and Peter Klein. In this episode, they welcomed Suffolk County Economic Development Commissioner Natalie Wright and Dave Calone, CEO of Jove Equity Partners and Co-Coordinator of Suffolk County Forward. The discussion focused on job creation and retention, bridging the budget gap, investment in businesses, and other critical economic issues impacting life on Long Island.

CMM Strategies Presents: Negotiation Workshop for Professionals with Joe Campolo

Posted: August 6th, 2020

Event Date: September 17th, 2020

COVID-19 has caused prolonged economic disruption and created an uncertain future for business owners. The stakes couldn’t be higher as businesses fight for survival. But with courts closed or limited, and time running out for business owners struggling to stay afloat, there’s simply no time for protracted disputes. Developing your negotiation skills is the best investment you can make to move your business forward.

Fortunately, good negotiators aren’t born – they’re made. Whether you’re facing negotiations with your landlord, bank, vendors, business partners, or all of the above, leaders must master the art of negotiation to succeed. Join us for a unique opportunity to learn proven negotiation skills from Joe Campolo, a recognized negotiation expert and member of the prestigious Long Island Business Hall of Fame.

Over three sessions (choice of virtual sessions or in-person in a socially distanced setting with limited capacity), attendees will engage in a deep dive into:

  • Session 1: The Building Blocks of Negotiation
    • Managing tension in high-stress negotiations
    • Active listening
    • Combating hard-bargaining tactics
    • Balancing empathy and assertiveness
  • Session 2: The Psychological and Emotional Side of Negotiation
    • The critical role of empathy, how to distinguish it from sympathy, and how to put it to work
    • Identifying the forces that hold you back in high-stress situations and strategies to overcome them
    • Using psychological principles to diffuse the tension in difficult negotiations, engage with your adversary, and uncover more win-win possibilities
  • Session 3: Negotiation Boot Camp – putting the lessons into practice, including Q&A

This program is designed for business owners and leaders in any industry, including lawyers. Maximize your ability to deliver for yourself, your business, or your client when it matters most.

Dates: September 17, October 1, and October 15

Time: 11 a.m. – 12:30 p.m.

Pricing: $350 per person covers 3 sessions (virtual or in-person). Group size will not exceed 10.

To register, please contact Lauren at lkanter@cmmllp.com or (631) 738-9100.

Business Unusual: Media Personality with Radio Host Jay Oliver

Posted: August 4th, 2020

August 4, 2020 – Episode 12 of Business Unusual Weekly Recovery Webinar with Joe Campolo and Peter Klein. In this episode, they welcomed Long Island radio host and media personality Jay Oliver to the “hot seat.” The discussion focused on the effects of the pandemic on Long Islanders.

Business Divorce: Negotiating with Your Business Partner

Posted: August 4th, 2020

By: Joe Campolo, Esq. email

Published In: HIA-LI Reporter

Tags:

Negotiating in the Time of COVID

As a business lawyer, I’m used to receiving frantic calls at all hours about any number of business issues, from the mundane to the bizarre. But over the past eight weeks, as PPP has run out and many business owners and CEOs are facing seemingly insurmountable challenges, these calls have overwhelmingly focused on one topic: business divorce.

Due to the prolonged economic disruption of COVID-19, the reality is that many business partnerships will disband. Whether you’re buying out a partner, want to sell your interest, or close up shop and move on, the goal is to do so in a way that maximizes the value of the hard work you’ve put into the business. Since I’ve been spending my days navigating these issues with clients, I’m sharing some tips here to help you negotiate with your business partner to part ways as productively as possible.

1. Recognize that “it’s not personal, it’s strictly business”

This tip from The Godfather is also known as “get your head in the right place.” When you’ve built a business with someone, separating the emotion from business decisions is extremely difficult, especially when it comes to splitting up. But it’s critical to try. The decision to “break up” is likely one of the most important of your life, and you can’t make sound decisions if you view the economic realities as a personal affront. Talk through your feelings with someone you trust – scream if you have to – but take the emotions out of the decision-making process as best you can.

2. Use a trusted advisor as a sounding board.

Of course, you’ll need legal counsel to draw up the documents memorializing the business divorce. But before you get there – and to help keep your emotions in check – bounce ideas off someone you trust. This can be a business advisor, such as a lawyer, accountant, financial advisor, or even a business mentor, or someone you can confide in with personal matters, such as a therapist, friend, or family member. As a business owner, you live and breathe your business – sometimes so deeply that seeing the big picture can be difficult. Using a trusted advisor can help keep you focused and consider scenarios you wouldn’t have otherwise thought about.

3. Empathize.

Take the time to consider your business partner’s interests and positions. Being able to empathize with the other party’s perspective is critical to achieving a good result. By suppressing your automatic reaction of anger or fear, you can better understand what he or she is seeking. (Remember, empathy isn’t sympathy. The key is to demonstrate that you understand how the person feels, but you’re not necessarily agreeing with it.) This understanding puts you in a much stronger negotiation position as you’ll be better able to craft win-not lose solutions.

4. Start at the end.

What resolution do you envision? Rather than preparing a negotiation script in which you’re just reacting (i.e., “If she says this, I’ll respond with this”), picture your ideal scenario, and work backwards to see what it will take to get there. Do you want your business partner to sell you her shares? Consider what her take will be on how much blood, sweat, and tears she’s put in over the years (not how much you think she’s put in) and consider ways to respond to that. Perhaps you can provide value to her in ways other than an inflated buyout price – loan forgiveness, equipment, and so forth. By starting at your desired result and pressing rewind, you’ll make more progress than if you simply script out a response to your adversary’s anticipated comments. That strategy won’t get you anywhere.

As a business lawyer and experienced negotiator who has spent my career helping business owners navigate these issues, I know firsthand that business divorces are high-stakes negotiations peppered with emotions and stress. But don’t let fear prevent you from pursuing what you want. The business environment we find ourselves in today is unprecedented, but may be just the opportunity you need to move forward.

Found this article helpful? Learn more negotiation tips here or contact us to learn more about our business divorce experience.

CMM Success Spotlight: Realtor Patty Brunn

Posted: August 4th, 2020

After more than 10 years of dedicated service at Campolo, Middleton & McCormick, Patty Brunn has turned her passion for real estate into a successful new career. As a Licensed Real Estate Salesperson, Patty now works with residential buyers and sellers across Suffolk, Nassau, and Queens, helping clients sell their homes for top dollar or find their new dream homes.

CMM clients remember Patty as a knowledgeable, service-oriented paralegal. She joined CMM in 2008 as one of the firm’s first hires, starting in the litigation department and eventually working with the firm’s real estate team, where she found her passion. “Communicating with clients regularly and guiding them through the real estate process was always one of my pleasures,” Patty says. “I enjoy helping people, so getting them to the finish line as stress-free as possible always brought me joy.”

Patty spent several years in CMM’s Bridgehampton office, helping to build our presence and reputation on the East End. While working full-time, she studied for and received her Real Estate Salesperson license in January 2019, pursuing real estate on the side, but staying focused on her work at CMM.

While COVID-19 has caused unprecedented economic disruption and challenges, Patty – true to her nature – decided to view the pandemic as an opportunity. With the Long Island residential real estate market rapidly heating up as people look to relocate, Patty decided to focus on her real estate career full-time. She’s now affiliated with Nappa Realty in Massapequa, where she uses the customer service skills she honed at CMM to help her real estate clients maximize the value of their investments and start new chapters in their lives.

“Patty has always been a tremendously hard worker, a good listener, and client-oriented – all required traits for a successful real estate salesperson,” said CMM Managing Partner Joe Campolo. “My own family has already used Patty to sell a home and she did an amazing job. We miss her at the firm, but are extraordinarily proud of her, and will happily recommend her to our network.”

To get in touch with Patty, email pattybrunnrealtor@gmail.com or call 631-704-5015.

Business Unusual with Tim Sini, Suffolk County District Attorney

Posted: August 3rd, 2020

Event Date: August 25th, 2020

After serving as Commissioner of the Suffolk County Police Department – the 11th largest in the nation – Tim Sini took office as Suffolk County District Attorney on January 1, 2018. Join us for an inside look at the most timely and relevant issues facing Suffolk County, Long Island, and the nation as Joe Campolo and Peter Klein welcome District Attorney Sini to “Business Unusual.”

Having taken the helm at the SCPD and D.A.’s office during times of turmoil, Sini will discuss how his office has responded not only to the challenges posed by the pandemic, but also how his office is responding to the calls for police and criminal justice reform that gained new momentum and urgency following the death of George Floyd. District Attorney Sini will also discuss the first ever Conviction Integrity Bureau in Suffolk County, new training programs for prosecutors, and his efforts to create a culture of excellence and professionalism while launching cutting-edge strategies to address public safety. Don’t miss it.

As always, Joe and Peter will also discuss the latest business recovery and market updates.

DATE: Tuesday, August 25

TIME: 11:30 A.M.