News (All)

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

Tags:

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.

Campolo’s Interview of LI Business Leaders Makes Headlines in “Service Begins at the Top”

Posted: November 24th, 2019

By Bernadette Starzee

East/West Industries in Ronkonkoma makes aircraft seats and safety equipment for the aerospace and defense industry. Founded in 1968 by Dom and Mary Spinosa, the company is now led by their daughter, Teresa Ferraro.

“My parents never pushed me to join the family business, and I originally went into banking. But they asked me to help out one day because they were having a special event with two VIPs,” said Ferraro, speaking at HIA-LI’s recent “Get in the Head of the CEO” event.

She showed up not knowing what to expect. It turned out the two VIPs were a military pilot and copilot who had to eject from their aircraft.

“Our equipment saved their lives, and they wanted to shake the hands of every single employee,” said Ferraro, who was inspired by this event to join the family business.

Ferraro was one of the CEO event’s five panelists, who were chosen because their companies won 2019 Business Achievement Awards from HIA-LI, which looks at a number of factors, from revenue and profitability to employee engagement to community involvement and vision for the future, and performs interviews and in some cases site visits with finalists before choosing the winners.

“We decided to hold this panel discussion because you told us you wanted to get up and close and personal and understand the Business Achievement Awards winners better,” Terri Alessi-Miceli, president and CEO of HIA-LI, told the CEO event attendees, many of them affiliated with the 1,300 businesses represented by the trade group.

East/West Industries received the Business Achievement Award in the small business category (for companies with 100 or fewer employees). The company expanded in 2017 to a facility that was 50 percent larger than its previous offices and is in the midst of a three-year plan to expand its workforce by 40 percent, including a program to aggressively recruit veterans.

The award winner in the large business category was Ronkonkoma-based SUNation Solar Systems, which has installed more than 4,000 solar electric systems on Long Island since its inception in 2003. SUNation’s CEO and Co- Founder Scott Maskin was on the panel, as was Bobbianne Ng, chief financial officer for Dominican Village Independent and Assisted Living Communities in Amityville, which was awarded the nonprofit award. The panel also included Felicia Telep, director of operations and marketing for Pure Mammography, a two-year-old provider of screening mammography in a spa-like atmosphere at the Smith Haven Mall in Lake Grove, which HIA-LI named rookie of the year. Deborah Schiff, executive vice president of ambulatory strategy and business development for Northwell Health, rounded out the panel.

The New Hyde Park-based healthcare system, which is New York State’s largest private employer, was presented with a special leadership award at HIA-LI’s Business Achievement Awards.

Ferraro reminisced about how when she first joined East/West Industries 36 years ago, she wasn’t welcomed with open arms by everyone.

“Engineering, manufacturing and the military are very male-dominated industries, and, oh yeah, I was the boss’s daughter,” she said.

Her father served as her mentor, teaching her that to be successful, she needed to engage with people and listen to them.

By being a good listener, Ferraro said she was able to gain the respect of the team as she took on increasing responsibility.

“It’s not about Teresa Ferraro, it’s about the entire East/West family,” she said. “I often think back to the pilots who wanted to thank not just the president or the engineer, but every employee. Every single member of the East/West team is important.”

Schiff, too, spoke about the importance of listening.

In her role at Northwell Health, Schiff is focused on building an ambulatory network to manage the healthcare of the region.

“Every day is a new opportunity to keep my mouth shut and listen to the needs of customers and employees,” she said.

The importance of serving both customers and employees was an important part of the discussion.

“There is a common theme among the panelists,” observed Joe Campolo, managing partner of Ronkonkoma-based law firm Campolo, Middleton & McCormick, who served as moderator for the discussion. “Nobody is talking about ‘I’ or ‘me.’ Everyone here is talking about how what we do is part of a much broader mission. Successful organizations realize that as long as they are doing right by their customers, everything else will follow.”

During meetings at Dominican Village, “for any idea that we discuss, we discuss the impact it will have on our mission,” Ng said. “We want our residents to feel that this is their home, and for them to get the care they need and get to do what they enjoy.”

Ng spoke about the importance of employee satisfaction to customer service.

“If employees are happier, the residents are going to be happier,” she said. “We’re all there to serve our residents, whether we’re the dishwasher or we work in billing or marketing. If our CEO is running late for a meeting, and he’s stopped by a housekeeper, he will sit with that person to address whatever it is they need to discuss. We make sure our employees feel part of the family, and make sure each person knows their function is not just their job title, and that there is room for growth.”

Part of Maskin’s role at SUNation Solar is to serve as “chief fun officer” and to make sure every employee feels fulfilled and thrives at work.

“Our company has personality, and our team buys into the personality and our mission to do right by our customers,” Maskin said, adding that this has helped the company’s business become 65 percent referral-driven.

“Of every 100 customers, 65 come from referrals, so our cost of lead acquisition is very low,” he said.

Pure Mammography has a kiosk in the Smith Haven Mall, where the company educates people about mammography and breast health. The company, which Telep said has plans to expand to eight additional locations in 2020, seeks to make mammograms hassle-free, convenient and relaxing so that more women will choose to get them done. The mammography suite is serene and has a spa-like feeling, with TV screens with beach and mountain views, a coffee and tea bar and caring staff, Telep said.

“We want customers to feel like guests, not patients,” Telep said.

Read more here.

Basso to Be Honored as a “Leader in Law”

Posted: November 20th, 2019

CMM is proud to announce that Partner Jeffrey Basso has been recognized with a Leadership in Law Award.

The Leadership in Law Awards recognize individuals whose leadership has had a positive impact on the legal profession and the Long Island community. Basso will receive his award at a ceremony on November 21, 2019 at Crest Hollow Country Club.

Basso will be honored in the Partner category in recognition of his leadership in handling client matters, managing CMM’s litigation department, and mentoring other attorneys at the firm.

An aggressive litigator, Basso has vast experience prosecuting and defending matters on behalf of business owners, corporations, corporate officers, shareholders, and investors in a variety of commercial litigation matters. He is also experienced in representing clients in business divorce matters, including the negotiation of creative strategies to divide assets, and has earned a professional certificate from the prestigious National Institute for Trial Advocacy (NITA) for trial skills. Basso also manages CMM’s busy litigation department, appropriately staffing matters in the most efficient way possible while also directing litigation strategy.

A leader early in his career, Basso received the Leadership in Law Award in the Associate category in 2015 in recognition of his work ethic and the example he sets for others at the firm. Many attorneys at CMM, across all practice areas, seek him out as a mentor for his ability to offer guidance while also pushing them to grow as lawyers.