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Campolo’s Remarks at the 31st HIA-LI Annual Trade Show

Posted: May 30th, 2019

CMM Managing Partner and HIA-LI Board Chairman Joe Campolo gave these remarks at the HIA-LI Trade Show Luncheon, “Long Island Development: Economic Growth” on May 30, 2019. View the presentation that accompanied his remarks here.

Good afternoon, everyone. I’m very happy to be here today representing both HIA-LI and the Long Island business community.

Anyone who knows me knows that I love Long Island.

Except for the four years I spent in the Marine Corps, my entire life has been spent here on our Island.  When I left Long Island to go into the Marine Corps, there was never any doubt that I was going to come back here to build my career and raise my family. I attended Stony Brook University, and I loved Stony Brook. And even though I commuted to the city to attend Fordham Law School, there was never any doubt that I would remain on Long Island to practice law.  And when I decided 12 years ago to open a firm in Suffolk County, many people questioned my decision: “Why do you want to go to Suffolk County? It’s farm country. There’s nothing going on out there!” And I said, “There’s an opportunity there – I just know it.”

You see, the reason I love Long Island is because I believe in its greatness, and that belief has never let me down. Yes, we have wonderful school districts, and beaches, and restaurants and wineries – we have the arts in the Staller Center and the Engeman Theater, and world class health care and educational institutions.  But as a business lawyer, my true passion lies in the amazing and world class talent we have in the Long Island business community.   This passion drove me to join the HIA-LI, and again many folks questioned me: “Why are you joining the HIA-LI? There are bigger business organizations out there that can help you grow.” And I said to them, “I know there are, but there’s something very special about the HIA-LI and that industrial park.”   And on all accounts, I was right, but it wasn’t until recently that I realized how special our beloved Industrial Park truly is.

My friend, County Executive Steve Bellone, recently said, “The Hauppauge Industrial Park is the cornerstone of Suffolk County’s economy, plain and simple.”  And while I wholeheartedly agree with his statement, I am here today to expand on it, and demonstrate how and why the Industrial Park is not only the Cornerstone of Suffolk County’s economy, but that of the entire State’s economy, and why these amazing businesses that live and thrive in our park are role models for industrial parks across this country.

As steward of this incredible Park, I, along with my cohort Terri Alessi-Miceli and fellow board members, have spent the last several years working tirelessly to spread the word about this incredible economic engine. And we have indeed made an enormous impact. One of my proudest accomplishments as Board Chairman is our success in making the numbers and facts that we learned through the Economic Impact Study we did in conjunction with Stony Brook University so well known – so much so that the Park’s identity as an economic powerhouse is no longer a secret, but rather part of the fabric and story of Long Island.  In fact, our elected officials and business leaders all now proudly proclaim that our industrial park is the “second largest in the country next to Silicon Valley,” a fact uncovered in our initial study.

Building on this, our other cohort Kelly Morris and the Suffolk County IDA, funded an opportunity analysis to take a deeper and closer look at the park.  Led by James Lima, a national planner who has worked with companies like Google and Facebook to help build their campuses and ecosystems, and by the Regional Plan Association, almost a full year was spent creating an opportunity analysis which would show not only what opportunities currently exist within the park, but what the future opportunities can be for the park.  I have to admit that during this process I was nervous; what if they came back and contradicted, or even worse discounted, the economic impact study we had conducted.  Such a conclusion would wash out all the hard work we had done thus far.  Luckily, when the report was completed and publicly released on April 24th,  all of our conclusions and suspicions about the park were not only confirmed but were expanded.

Now that we are armed with this critical information about the Park’s economic power, we should all lift our heads a little higher and feel tremendous pride in the fact that we have all contributed in the creation of a world-class  ecosystem where we do in fact have the greatest concentration of the most innovative and productive businesses on the planet, our beloved Long Island.

Our mission now is to accelerate this growth by relentlessly spreading the word about the Park as the region’s premier hub for growing businesses, and to continue building bridges between the public and private sectors to truly make an enormous impact.

So, to all my colleagues involved in this work – James Lima Planning, the Suffolk IDA, the RPA, and especially Terri and the entire HIA-LI staff and Board  – hats off to you, for confirming what I had always believed, that Long Island is not just a great place to live, but it is the national model for research, innovation, manufacturing and building infrastructure. Thanks to this work, when our children are deciding where to live and work and build their lives, Long Island, and Suffolk County in particular, is a much more viable option.

Manager & Supervisor Sexual Harassment Prevention Training To Comply With New York State Law

Posted: May 29th, 2019

Event Date: July 12th, 2019

Take the stress out of preparing your own NYS-compliant training session by attending ours instead! Summer is a perfect time to bring your business into compliance with the new state rules mandating sexual harassment training for all workplaces. All attendees will receive a certificate of completion.

Employers, did you know that New York State now mandates annual sexual harassment prevention training for all employees? Did you know that New York State also mandates that all new employees receive sexual harassment prevention training upon hiring? Comply with the October 9, 2019 deadline by having your team join us at our public training sessions that meet the NYS requirements. Each session includes breakfast and is presented in our state-of-the-art training center by Christine Malafi, Esq., Senior Partner at CMM, who has advised countless Long Island businesses on sexual harassment prevention policies and training.

Friday, July 12, 2019, 8:30 – 10:30 a.m.: Manager & Supervisor Training

Designed for all management and supervisory employees only, and includes the mandatory Employee Training as well:

CMM Academy Training Center, 4175 Veterans Memorial Highway, Ronkonkoma, NY 11779

Fee: $60 per person (discounted rate available for groups of 5+; please contact Sarah Muller at smuller@cmmllp.com to book)

Topics include:

  • Defining harassment and unlawful discrimination
  • Sex stereotyping
  • Quid Pro Quo Harassment
  • Hostile Work Environment Harassment
  • Retaliation
  • Discipline and remedies for harassment
  • Investigation process
  • Reporting
  • Federal, state, and local remedies and protections
  • Hypotheticals
  • Supervisor’s responsibility
  • Company responsibility
  • Handling complaints
  • Conducting an investigation
  • Determining corrective action
  • Company sexual harassment policy

Register here. (Looking for sexual harassment training for employees? Click here.

Employers should be aware that to fully comply with New York State law, in addition to providing training, employers must also have a written sexual harassment policy in place. For businesses that send team members to either training session, CMM is pleased to offer discounted rates for review or drafting of such policies. Please contact us at (631) 738-9100 to learn more.

Employee Sexual Harassment Prevention Training To Comply With New York State Law

Posted: May 29th, 2019

Event Date: July 11th, 2019

Employers, did you know that New York State now mandates annual sexual harassment prevention training for all employees? Did you know that New York State also mandates that all new employees receive sexual harassment prevention training upon hiring? Comply with the October 9, 2019 deadline by having your team join us at our public training sessions that meet the NYS requirements. Each session includes breakfast and is presented in our state-of-the-art training center by Christine Malafi, Esq., Senior Partner at CMM, who has advised countless Long Island businesses on sexual harassment prevention policies and training.

Take the stress out of preparing your own NYS-compliant training session by attending ours instead! Summer is a perfect time to bring your business into compliance with the new state rules mandating sexual harassment training for all workplaces. All attendees will receive a certificate of completion.

SCHEDULE:

Thursday, July 11, 2019, 8:30 – 10:30 a.m.: Employee Training

Designed for all employees in a non-supervisory or non-management role:

CMM Academy Training Center, 4175 Veterans Memorial Highway, Ronkonkoma, NY 11779

Fee: $50 per person (discounted rate available for groups of 10+; please contact Sarah Muller at smuller@cmmllp.com to book)

Topics include:

Employee Training:

  • Defining harassment and unlawful discrimination
  • Sex stereotyping
  • Quid Pro Quo Harassment
  • Hostile Work Environment Harassment
  • Retaliation
  • Discipline and remedies for harassment
  • Investigation process
  • Reporting
  • Federal, state, and local remedies and protections
  • Hypotheticals

Register here. (Looking for sexual harassment training for managers & supervisors? Click here.

Employers should be aware that to fully comply with New York State law, in addition to providing training, employers must also have a written sexual harassment policy in place. For businesses that send team members to either training session, CMM is pleased to offer discounted rates for review or drafting of such policies. Please contact us at (631) 738-9100 to learn more.

Alure Home Improvements

Posted: May 28th, 2019

On a recent Saturday afternoon, Alure Home Improvements President & CEO Sal Ferro was in a customer’s house in Lindenhurst, examining an electric panel. Alure had just completed a renovation, and the customer had taken to social media to complain about an electrical issue. While no business is immune to the occasional customer complaint, the way the business handles that complaint says everything about their approach to customer service. Ferro personally reached out to the customer and asked if he could come see the problem for himself. He took a look, called a technician to fix it that day, and now has a customer for life – one whose social media complaints turned into raves once he experienced Ferro’s integrity and personal investment in making things right.

In an industry where contractors come and go, Alure – a full-service remodeling company that has helped homeowners turn houses into dream homes since 1946 – has thrived. “We believe in a raving fan approach to customer service,” says Ferro. The approach works: powered by Alure’s philanthropic focus and emphasis on company culture, Alure’s customer-centric approach has driven the company’s success for over 70 years. CMM Managing Partner Joe Campolo recently visited Ferro, his friend and client, at Alure’s state-of-the-art showroom to discuss leadership philosophies, how to create raving fans out of clients and staff, and strategies to succeed in the often fickle Long Island market.

Alure operates three divisions – exterior, alterations, and kitchen/bath – serving Nassau and Suffolk Counties and the metropolitan area out of its showroom in East Meadow and a corporate office, warehouse and call center in Commack. Alure’s sales approach is based on education first. “By educating a client and focusing on their agenda, not our own, we’re providing a service. We take the time to understand what the client wants, we give them choices, and we design and engineer the project to meet their budget.”

The showroom is therefore an integral part of Alure’s business model, giving customers the ability to see, touch, and feel before installing at home. The displays are frequently updated to reflect current trends while also offering an array of options (“we have just as much tile as a tile store!” Ferro says), and customers can choose from a custom-designed project to Alure’s “Extreme” five-day bathroom/10-day kitchen remodel to anything in between. Ferro is also a fan of Ken Blanchard’s Raving Fans: A Revolutionary Approach to Customer Service, and has even taught seminars and training based on the book’s method of turning customer service into a competitive advantage. Not many home remodeling companies have a Customer’s Bill of Rights.

This approach explains how Alure has withstood the inevitable ups and downs of seven decades of business. “Alure is the secure, best choice for home remodeling – great quality, done timely and in budget,” Ferro says. “Our company ethics, morals, and honor are part of every job.”

As President & CEO, Ferro sets Alure’s vision, then puts the pieces in place to execute – but is clear that it’s his team who executes on that vision. He empowers his management team to make decisions, meeting with them and the entire staff regularly to help them “see the forest through the trees.” He works to set the company culture from the top. Alure’s 200-member strong team enjoys remarkable longevity – staff who happened to walk by at the showroom that day had been there for 18 years, 15 years, 12 years – and were excited to talk about it. “Sal has built an environment where people want to come to work and stand behind their work,” explains Seth Selesnow, Alure’s Director of Marketing & Public Relations, who has been with the company since 2003. “Alure understands the importance of investing in both employees and clients – our internal and external customers.”

Ferro therefore interviews every single potential hire himself after his management team has recommended a candidate. “I consider whether this person will interact well with our team,” Ferro explains. With its focus on company culture, Alure strives to show employees how important and valued they are, and small gestures of appreciation go a long way to build camaraderie. At a recent “Festive Friday” luncheon, for example, the Alure team enjoyed a company cornhole competition along with other games, catered by Felico’s sausage truck.

Philanthropy is also a major component of Alure’s DNA. Alure performed eight renovations for deserving families on the hit show “Extreme Makeover: Home Edition” and supports countless nonprofits on Long Island and in the region, including the Interfaith Nutrition Network, The Clark Gillies Foundation, Family Service League, Long Island Fight for Charity, the Farmingdale College Foundation, and many more. Last year Ferro established the Ferro Foundation, which provides college scholarships to promising students, as well as a home care program dedicated to senior citizens and veterans. “Philanthropy is critical. Even if you can’t afford to do something monetarily, you can do something with your time.”

As Alure heads into its eighth decade in business, Ferro is relentlessly focused on growing and evolving as the market changes. “The Long Island market is unique,” Ferro says. “If you’re not growing, you’re dying.” The company’s enviable organic growth through the addition of new products and services each year shows that Ferro’s vision is working and thriving on Long Island. “Long Island is an incredible place to be – there’s tremendous opportunity,” Ferro says. “It’s close to the city, we have beaches, research centers, great universities – you name it, Long Island has it. It’s a great place to do business.”

Learn more about Alure at https://www.alure.com/.

Sal Ferro shows Joe Campolo some of Alure’s options for countertops.
Alure has every option for the modern bathroom, from faucets to shower heads.
The showroom is an integral part of Alure’s business model, giving customers the ability to see, touch, and feel before installing at home.
The Alure team gets together for some fun team bonding with games like cornhole and Jenga at a recent “Festive Friday” luncheon.

You Can’t Hide Your Lying Eyes: Body Language in Negotiation

Posted: May 23rd, 2019

By: Joe Campolo, Esq. email

Tags:

Imagine you walk into a bar and see a couple that’s clearly on a first date. You can almost always tell if they’re interested in each other, even if you can’t hear the conversation. If he’s leaning forward and making eye contact, it’s probably going well, but if she’s constantly checking her watch, the feelings might not be mutual. Body language is an important way for us to pick up on emotions.

Though we like to think we base our judgments on character, rather than making assumptions on appearance, it’s simply untrue. We are hardwired to notice posture, facial expressions, tone of voice, and more, and all of it helps us form an opinion. So no matter how careful you are with your words at the negotiation table, you could be indicating dissent or frustration in how you hold your body. Consider these tips to empower you for your next negotiation.

Your eyes. The saying that you listen more to a person with your eyes than your ears is critical to a negotiation. The most important step to a successful negotiation is a party feeling that they have truly been heard, and that simply won’t happen if you are multitasking or playing with your phone during the conversation. Put your phone away and make sure that you maintain comfortable eye contact (in a non-creepy way).

Your hands. When you’re not thinking about it, you may not realize what you’re conveying to the opposing party through your hands. Drumming your fingers on the table signals that you’re impatient or even bored, and may send the message that you don’t consider the matter important or don’t value what your adversary is saying. Fidgeting, such as playing with a pen or adjusting your collar repeatedly, is considered a hallmark of nerves. That’s not something you want to convey in a negotiation. Try to still your hands so that you come across calm and collected.

Your body position. One signal you might not realize you’re sending is based on the position of your torso. You might be making eye contact and actively listening to your opponent, but if your chest is faced away, you’re sending a clear signal that you’re not invested in the conversation. Turn your body toward the conversation to convey that you’re taking the discussion seriously and value your adversary’s perspective.

Your handshake. We all know that a firm handshake makes for a good impression (and there’s a reason a weak handshake gets the “dead fish” nickname), but what else are you saying? Too firm, and you could come off as overly aggressive. Too weak, and you convey that you’re, well, weak. What you’re doing with your other hand can send signals as well. Putting your other hand on top of theirs is can be seen as a sign of dominance, while patting someone on the arm during a handshake can convey trust and good will.

There are many ways to convey emotion during a negotiation. The most important thing to keep in mind is to always be aware of what you’re conveying. Perhaps displaying a little command with a firm handshake is exactly what you need in your next negotiation—but use your body language as a tool, instead of sending a message you didn’t mean to give.

Composite Prototyping Center (CPC)

Posted: May 16th, 2019

Just off the LIE where Nassau and Suffolk meet sits the Composite Prototyping Center (CPC), a state-of-the-art, innovative entryway into Long Island’s future. Unassuming from the outside, tucked into an industrial area on Express Street in Plainview, the visionary CPC uses cutting-edge composite technology that enables businesses to design and build virtually anything they can dream up. How can HIA-LI’s members, particularly those in the robust manufacturing industry, benefit from this hidden jewel? HIA-LI Board Chairman Joe Campolo, President and CEO Terri Alessi-Miceli, and board member Dr. Ann-Marie Scheidt recently toured this visionary facility and met with some of its leaders and board members to find out.

The nonprofit facility offers organizations and manufacturers the ability to design, prototype, test, and train all under one roof. Its equipment includes a 3D printer, automated fiber placement robot, and more, giving businesses the opportunity to draft a design, create a prototype, and validate that the product meets any design or required specifications. CPC also offers training programs to introduce college and high school students to the world of composite manufacturing and STEM with hands-on training, as well as certification programs for professionals. The 25,500 square foot facility is spread out on two floors and boasts a 20,000 square foot main manufacturing area.

Stay tuned for details of a Manufacturing Committee meeting hosted at this unique venue, as well as special opportunities for HIA-LI members, particularly those located in the Long Island Innovation Park at Hauppauge, to take advantage of all the CPC has to offer. In the meantime, check out these photos of HIA-LI’s recent tour!


According to a November 2018 Newsday article, Unique Electric Solutions, a tenant of CPC, is using advanced materials to convert United Parcel Service delivery trucks to electric and hydrogen power. The battery-powered trucks will have a range of about 50 miles, while the fuel-cell versions will go about 150 miles. Read more: https://www.newsday.com/business/technology/business-ups-composite-prototyping-center-1.23418046

Court of Appeals Holds Tenant’s Waiver of Right to Seek Declaratory Judgment Enforceable

Posted: May 15th, 2019

Published In: The Suffolk Lawyer

By Patrick McCormick

On May 7, 2019, the Court of Appeals in 159 MP Corp. v Redbridge Bedford, LLC, 2019 WL 1995526, agreed that a tenant’s waiver of the right to bring a declaratory judgment action based upon the specific terms of the commercial lease is enforceable. This waiver effectively precluded the tenant from obtaining a Yellowstone injunction, and could now allow commercial landlords to limit their tenants’ litigation options when landlords allege lease violations by their tenants.

In a split decision, the Court of Appeals ruled in favor of the right to freedom of contract so long as no laws are violated. Notably, the dissent reasoned that the tenant’s ability to litigate in summary proceedings was not sufficient to deny the tenant’s ability to commence a declaratory judgment action. Although the dissent noted that New York’s legislative history consistently sustained the right to declaratory judgment action, in keeping with other common-law decisions and with precedent dating back to England, both sides agreed that freedom of contract would be upheld in the interests of the safety, stability and the betterment of society, not as an individual right. But, the majority and minority disagreed as to whether this particular clause furthered that public policy.

The case concerned two commercial leases which granted Plaintiffs a twenty-year lease to operate a Foodtown supermarket, with an associated storage space, on a property in Brooklyn. Within each lease, Paragraph 67(H) stated: “Tenant waives its right to bring a declaratory judgment action with respect to any provision of this Lease or with respect to any notice sent pursuant to the provisions of this Lease…” In March 2014, Defendant (landlord) served Plaintiffs (tenant) with a default notice and demanded Plaintiffs cure the violations or their leases would be terminated. Tenant subsequently commenced an action seeking a declaratory judgment that they hadn’t defaulted and sought a Yellowstone injunction to toll the cure period and prohibit the landlord from terminating the leases while the matter was before the Court.

In upholding the lease waiver provision, the Court of Appeals affirmed the lower Court’s observation that absent “violation of law or transgression of strong public policy,” both parties were free to execute whatever agreement they deemed acceptable (see 159 MP Corp. v. Redbridge Bedford LLC, 2015 NY Slip Op 32817(U) and Rowe v. Great Atlantic & Pacific Tea Co., 46 N.Y.2d 62 (1978)) and held that “there [was] no reason to relieve them of the consequences of their bargain” (see Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co., 86 N.Y.2d 685 (1995)). The Court further assessed that the waiver did not prevent Plaintiffs from seeking all legal redress, that they had access to legal counsel, and that the terms of the agreement were very clear and precise and thus should be enforced “according to its terms” (see Vermont Teddy Bear Co. v. 538 Madison Realty Co., 1 N.Y.3d 470 (2004)). The Court further held that “in light of strong public policy favoring freedom of contract [(see New England Mut. Life Ins. Co. v. Caruso, 73 N.Y.2d 74 (1989)) and as a right granted in the Constitution (see U.S. Const. art. I, § 10[1])], [the] parties may waive a wide range of rights.”

In this case, public policy was upheld in favor of the landlords’ right to evict due to the specific language agreed to in the lease. This decision has the potential to alter landlord-tenant law in New York State for years to come, as commercial landlords will surely include a waiver of declaratory and Yellowstone relief in their leases going forward. Therefore, commercial tenants and their counsel should carefully review all draft agreements for explicit waivers of their right to seek Yellowstone relief, injunctive relief or declaratory judgments, and think carefully about whether the costs outweigh the benefits before giving up such legal recourse.

CMM Facilitates Acquisition of Longtime Client Hedgehog by Sitecore

Posted: May 15th, 2019

Campolo, Middleton & McCormick’s longtime client Hedgehog, an award-winning, full-service digital consulting agency, has entered into a definitive agreement to be acquired by Sitecore, the global leader in digital experience management software. Hedgehog, based in Holbrook, Long Island, also has campuses in Charlotte, North Carolina; Portland, Oregon; Sofia, Bulgaria; and Amsterdam. CMM is representing Hedgehog in the deal, with a team led by Corporate Department Chair Christine Malafi, assisted by Vincent Costa.

For more than a decade, Hedgehog has assisted companies in creating customer-focused online experiences that drive engagement. Hedgehog has a long history of commitment to Sitecore technology, as well as ongoing support of the Sitecore community. “We are very excited about continuing our journey with a company that appreciates our culture, reflects our values, and shares our vision to help customers transform their businesses so they can meet the digital requirements of today and the future,” said Dan Galvez, CEO of Hedgehog.

“I’ve watched Hedgehog’s incredible growth over the past 10 years. From the moment I started working with them, I knew they’d grow into an award-winning company and be viewed as industry leaders,” said CMM Managing Partner Joe Campolo. “I’m so proud of their success.”

The deal is expected to close in June 2019. Learn more here.

CMM’s mergers and acquisitions practice is the cornerstone of our corporate work, helping clients close billions of dollars’ worth of deals over the past decade. Learn more about our M&A practice here.

CMM Attorney Donald Rassiger Earns 2019 “Super Lawyers” Recognition

Posted: May 14th, 2019

Campolo, Middleton & McCormick, LLP, a premier law firm with offices in Westbury, Ronkonkoma, and Bridgehampton, is proud to announce that Counsel Donald Rassiger has been recognized by Super Lawyers in 2019. The rigorous selection process is based on evaluation of 12 indicators including peer recognition and professional achievement in legal practice.

Rassiger leads CMM’s Construction practice group, where he has represented clients on all sides of the table including owners, developers, general contractors, subcontractors, engineers, architects, construction managers, and program managers. Rassiger also manages the firm’s Corporate department, where he has successfully closed dozens of M&A deals. His corporate work also includes numerous financing transactions including sale/leaseback, lines of credit, and debt/equity financing.

Learn more about CMM’s outstanding legal professionals here.