News (All)

CMM Donation Drive for Project Toy

Posted: December 3rd, 2019

CMM is hosting a donation drive for to support Family Service League and their Project Toy initiative! Please join us in collecting donations for this worthy cause.

We are seeking donations of new, unwrapped toys for children (ages infant through teen). For ideas, take a look at their wish list on Amazon. Donations can be dropped off to our headquarters in Ronkonkoma. Donations are due by Monday, December 16.

Drop off your donations here:
4175 Veterans Memorial Highway, 4th Floor, Ronkonkoma, NY 11779
Questions? Call us at (631) 738-9100.

CMM Honored by Family Service League; Receives Corporate Leadership Award

Posted: December 2nd, 2019

On November 18, 2019 CMM was thrilled to receive the Corporate Leadership Award at Family Service League’s Great Chefs Gala in recognition of our support of our neighbors in need through our charitable initiative, CMM Cares. Accepting the award on behalf of CMM, Senior Partner Christine Malafi told a personal story of how she was inspired to join FSL’s board when she met a wounded veteran who relies on FSL’s food bank and had shared how much the organization meant to him. We also congratulate NYS Senator Phil Boyle, recipient of the Government Leadership Award, and we thank NYS Senator James Gaughran, who presented the firm with a Proclamation honoring our service to the community and New York State. Read more about the award here, and check out some of the photos from the event below.

Your Guide to Hosting a Company Holiday Party

Posted: December 2nd, 2019

By Christine Malafi

It’s the most wonderful time of the year! Many employers host some form of a holiday party, be it a lunch, a cocktail hour, or a big soiree offsite. A holiday celebration is a great way to thank your employees with an opportunity to relax, socialize, and take a break from their work while enjoying some holiday spirit. But despite the fun of a party, potential legal issues could quickly make you lose your holiday cheer. In the wake of the #MeToo movement, and the legislation passed by New York in response, these concerns are more important than ever. To prevent problems from arising, take the opportunity to act now to minimize potential headaches after the party. Below are the top risks and how to handle them.

Alcohol concerns: Alcohol is always a risk – there is potential for accidents and injuries, as well as inappropriate behavior and lawsuits. Risk can be reduced by advance planning. Note that “social hosts” are generally not liable for accidents or injuries suffered off-premises by third parties as a result of alcohol served by the host. (However, New York law states that if an employee leaves a holiday party and travels directly to another state, the host may be held liable.) Further, no one under the age of 21 may be served alcohol at a holiday party. Liability will result if someone is injured by that underage holiday party drinker, or if a member of law enforcement discovers that an underage person was served alcohol. Your best bet? Hire bartenders to serve the alcohol, and make sure alcohol is not served to underage party guests.

Another risk associated with alcohol consumption is the level of “celebration.” Some people exude an excessive – and inappropriate – amount of cheer during the holiday season. The same workplace standards of a non-hostile work environment and non-harassing conduct apply and should be enforced at holiday parties.

Attendance issues: Even if attendance is voluntary, employees’ attendance at a holiday party would likely be viewed by a court as related to their employment, potentially triggering workers’ compensation benefits for injuries sustained during the party (and potentially afterward). Employers must take reasonable steps to protect their employees (and guests) from injury, whether at the workplace or an off-site location where the holiday party is held. Avoid potential wage claims by hosting the party during normal work hours if attendance at the party is required.

Best practices: To help set your mind at ease before your holiday party, consider doing the following:

  • Have transportation to and from the party available and prevent intoxicated driving;
  • Hire a professional bartender and/or caterer with sufficient liability insurance;
  • Provide non-alcoholic drinks;
  • Serve a meal, not just appetizers and snacks;
  • Have management/supervisors at the party on the lookout for excessive drinking and/or inappropriate behavior;
  • Consider a holiday lunch instead of a dinner;
  • Invite employees’ family members to participate in the party;
  • Make sure employees know that they do not have to attend the party if they choose not to; and
  • Do not focus on one religion or holiday to the exclusion of any employee’s beliefs or observances.

A little extra planning can go a long way to help the success of your holiday party! If you have any questions about your holiday party, please feel free to contact us.

Happy Holidays!

East/West Industries Honors Joe Campolo with 50-Year Challenge Coin

Posted: December 2nd, 2019

“We present to you the East/West Challenge Coin!”

Twenty-eighteen marked the 50th year of Saving Aircrew Lives for East/West Industries, a cutting-edge, award-winning business that designs, develops, and manufactures escape, life support, seating, and ground support equipment for high-performance military aircraft. Based in Ronkonkoma, longtime CMM client East/West is a family-owned business that serves major customers including the Department of Defense, Boeing, Sikorsky, Northrup Grumman, and Lockheed Martin. To celebrate and commemorate five decades of dedicated service to the aerospace and defense community, EW designed and struck a medallion to memorialize this extraordinary milestone.

The one-and-a-half-inch coin is packed with meaning. On the front of the coin are the EW logo and 50-year celebration marking. The outer ring highlights EW’s mission and guiding tenet, “Saving Aircrew Lives Is Our First Concern,” along with the year EW was founded (1968) to the present. The quadrants on the back depict some of the programs in which EW is currently engaged: the CH-53, F-35, CH-47, and E2D aircraft.

The company recently presented an East/West Challenge Coin to CMM Managing Partner Joe Campolo. Teresa Ferraro, EW President, explained: “We wanted to honor Joe as a Veteran of the U.S. Marine Corps as well as for the achievements he has made within our community.”

Although there are several variations to the history behind a challenge coin, it is said that the gesture of giving a coin dates to the Roman Empire, when soldiers were given coins for exceptional achievement; in later years, the coins were presented by unit commanders in recognition of special achievement by a member of the unit. 

“Presenting me with this Challenge Coin was an extraordinary gesture by East/West,” Campolo said. “The coin embodies their commitment to ‘do what it takes, whatever it takes,’ and I’m honored that Teresa and her team found me deserving of this honor.”

CMM Welcomes Amanda Sexton as Controller

Posted: December 2nd, 2019

In a reflection of the firm’s continuing growth, Campolo, Middleton & McCormick, LLP is pleased to welcome Amanda Sexton, CPA, as Controller. She will oversee the accounting department and is responsible for budgeting and forecasting, cash flow management, financial reporting, internal controls assessments, year-end tax planning, and managing the firm’s banking relationships. In addition, with her credentials and licenses including ABV (Accredited in Business Valuation), CFF (Certified in Financial Forensics), and CFE (Certified Fraud Examiner), Sexton adds yet another dimension to the services CMM offers its clients.

Sexton has nearly 15 years of accounting experience. Prior to joining CMM, she served as Controller for a $30MM construction contractor in Suffolk County. She began her career in public accounting, primarily in the areas of accounting and auditing, business valuation and litigation support. She has provided expert witness testimony multiple times in the Supreme Court of the State of New York, and also has several years of experience auditing grant programs funded by various federal, state and local agencies.

“Amanda will not only be a tremendous asset to CMM for our own financial growth, but will also be an incredible resource for our clients,” said Joe Campolo, CMM Managing Partner. “Her strong background in accounting, business valuation, and fraud examination will provide value to our clients in corporate, M&A, and litigation matters.”

Costa Selected as “40 Under Forty” Honoree by Stony Brook University

Posted: November 26th, 2019

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.”

CMM Secures Yet Another Dismissal of Lawsuit Against Town of Riverhead

Posted: November 25th, 2019

CMM recently reported that our municipal liability team had secured the dismissal of a lawsuit filed against longtime client the Town of Riverhead. Less than a month later, we did it again.

In this latest success story, the plaintiff sought damages for injuries allegedly sustained from a slip and fall on plywood covering a hole in a sidewalk in the Town of Riverhead. In addition to the Town, the named defendants included the corporate owner of the building the sidewalk was in front of, the New York State Department of Transportation (which owned the sidewalk), and the contracting company performing sidewalk work at the time of the accident.

Following testimony and written discovery conducted by CMM’s Scott Middleton, CMM moved for summary judgment – essentially, a request that the court dismiss the case against the Town because the undisputed facts relieve the Town of all liability. In the motion, Middleton, joined by David Green, argued that the Town of Riverhead did not own the sidewalk, was not responsible for any ongoing construction at the location, did not have written notice of the allegedly defective condition, did not create the condition, and did not owe the plaintiff a duty.

The court granted our motion, finding that CMM provided sufficient evidence to demonstrate the Town of Riverhead’s absence of liability in the case. The court found that we had shown that the Town played no role in the placement of cones or other devices at the scene and did not own the location of the plaintiff’s fall. Further, according to the court, the plaintiff provided no evidence that the Town had created the dangerous condition, owed a duty to ensure safety at the location, or had removed any safety devices. Thus, the Town could not be held responsible for the fall in any way.

The granting of the motion is a major victory for the Town of Riverhead, which is now completely out of the case. Visit our Municipal Liability page to learn more about our success representing municipal clients.

CMM Closes $12 Million Sale of Boston-Based Scaffolding Contractor to Multinational Conglomerate

Posted: November 25th, 2019

CMM’s M&A team closed a $12 million sale this week of a Boston-based scaffolding contractor to a multinational conglomerate of scaffolding contractors.

CMM represented the owners of the scaffolding business, a husband and wife team who sought to sell their contracting company and begin their next chapter. The transaction had its share of challenges, including a 10-day cooling off period that allowed each side to reset expectations – and which resulted in a $2 million purchase price increase for our client. CMM’s ability to help our clients navigate the legal, business, and emotional complexities of the transaction ensured that the deal reached the finish line and that our clients met their goals.

“We appreciate all the hand-holding, guidance, legal expertise, and patience,” our client reported. “Thank you! We are excited to move forward with this new venture.”

CMM’s Don Rassiger and Vincent Costa spearheaded the transaction.

CMM is adept at closing sophisticated mergers and acquisitions transactions as economically and efficiently as possible, blending legal guidance with business know-how to get deals done. Learn more about our ability to deliver value to clients here.

The Difference Between Empathy and Sympathy in Negotiation (And Why It Matters)

Posted: November 25th, 2019

By: Joe Campolo, Esq. email

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The Chinese general and military strategist Sun Tzu famously wrote that the “supreme art of war is to subdue the enemy without fighting.” Using empathy at the negotiation table is the modern-day embodiment of this strategy. 

A fundamental human need is to feel accepted, validated, and understood by others. This reality means that negotiation strategy is really about psychology. To get from Point A to Point B, the skilled negotiator must exploit psychological principles – and this means empathy must play a role.

Many negotiators view empathy and sympathy interchangeably, and dismiss both as weak. Don’t confuse empathy with sympathy! The difference is subtle but critical. Listen for the difference:

  • Sympathy: “I understand how you feel. I feel terrible for you.”
  • Empathy: “I understand how you feel, and I understand why you feel that way.”

What’s the difference? Merriam-Webster defines sympathy as the “inclination to think or feel alike,” a “feeling of loyalty,” and the “tendency to favor or support” – in essence, agreement. Sympathy almost never has a place at the negotiation table. In the negotiation of a business deal or at settlement discussions, few clients would want to hear their lawyer say to their adversary, “I get it – I agree it’s terrible what you went through. So here’s the check you asked for.” The sympathetic negotiator may not be much of a negotiator.

But the empathetic negotiator approaches things differently. Consider the Merriam-Webster definition of empathy: “the action of understanding, being aware of, being sensitive to, and vicariously experiencing the feelings thoughts, and experience of another.” The use of “vicariously” is critical here: unlike the sympathetic negotiator, the empathetic negotiator understands her adversary’s position, but doesn’t actually experience it or necessarily agree with it. Instead, she uses empathy to let the adversary know that she hears and understands him. By tuning into her adversary’s emotions instead of just the words, the empathetic negotiator shows that she “gets it,” which helps the adversary open up and share additional information that the empathetic negotiator can use to her advantage. Think, “I get it – I understand why you feel that way. So what if we…”

Think how much more effective a negotiator you can be if you understand what’s important to your opponent and the factors that got him there. Rather than taking a shot in the dark about what might work or keeping the focus solely on you (or your client), when you understand your adversary and use his own views to shape the conversation, you can strategize around that and go a lot further, a lot faster. 

Too many negotiators are hell-bent on appearing authoritative, unflinching – like the “tough guy,” willfully ignorant of the forces shaping the other side. But that’s an incredibly weak negotiation strategy. Using empathy as a tool to make your adversary keep talking and feel comfortable is key to letting the other side get what you want.