News (All) - Page 72 of 163 - Campolo, Middleton & McCormick, LLP

CMM Contributes to War Memorial Project, Operation Remember

Posted: April 4th, 2019

An effort spearheaded by veteran service organizations and Suffolk County Legislator Kara Hahn (D-Setauket) is nearing its fundraising goal to give nation’s newest veterans the respect they’ve earned.

The effort, dubbed Operation Remember, which looks to update four existing war memorials located in Port Jefferson, Setauket and Stony Brook to commemorate the sacrifices made by the latest generations of America’s service members, has been decisive thanks to the support of the community, according to a press release from Hahn’s office. To date, $14,400 of the estimated $25,000 has been received by the Veterans Memorial Fund established through a partnership between the American Legion and Veterans of Foreign Wars posts located in Setauket, Stony Brook and Port Jefferson Station, the Long Island State Veterans Home at Stony Brook University and Hahn. Organizers are asking for a final push in donations to complete the mission of expanding these sites to honor those who served during the Cold War, the Gulf wars and the Global War on Terror by this Memorial Day.

“Support for this effort has been incredible,” Hahn said. “In only a few months we have raised more than half of what is needed to make this lasting tribute to the sacrifices of our local heroes a reality. Our goal is to have work completed by Memorial Day, a day on which we pause to remember and reflect upon the lives of those who have given theirs in order for us to freely live ours. Raising the remaining $10,600 needed in the next few weeks will ensure the work will be complete in time for this solemn day.”

Among those who have already answered the call are Purple Heart sponsors Realty Three LLC/Ridgeway Plaza LLC and Bruce Acker. Ardolino Group Realty Connect USA and Friends of Kara Hahn became Meritorious Service Medal sponsors, while Burner Law Group, P.C. earned the Commendation Medal and Moose Lodge 1379 of Port Jefferson donated at the Recognition Ribbon level. Campolo, Middleton & McCormick, LLP also committed to a $500 sponsorship.

“Our community is very patriotic,” said Carlton “Hub” Edwards, commander of Post 1766 in Setauket. “I am certain the community will step up to help fund this Veterans Memorial Project to honor those who made the ultimate sacrifice and have yet to be fully acknowledged.”

Last fall, memorial coalition members joined together to ensure veterans of our nation’s more recent wars would receive the recognition they have earned on those foreign battlefronts back here on the homefront. The partnership, through its Veterans Memorial Fund, hopes to update the memorials to include new plaques and monument stones to be inscribed with the names of wars since Vietnam at memorials located in Stony Brook Village, on the Setauket Village Green, at the Setauket Veterans Memorial Park and along the Port Jefferson harbor front.

“This project is in recognition of all veterans who served in all wars,” said Bill Wolf, commander, American Legion Wilson Ritch Post 432 in Port Jefferson.

“For those who served and gave so much, we Americans can only say ‘thank you,’” said Jack Gozdziewski, member of American Legion Post 432 and VFW Post 3054. “Through our local veterans memorials our communities show our love of country and respect to those who gave all. America’s freedom can never be taken for granted, veterans can never be forgotten.”

“The memorial is important lest we forget the sacrifices made and what we fought for,” said Tim Still, commander of Veterans of Foreign Wars Post 3054 in East Setauket.

Those wishing to donate, can make checks payable to and mail to Veterans Memorial Fund, P.O. Box 986, Port Jefferson Station, NY 11776.

Once the fundraising goal has been met, organizers will contract with a local stonemason to update the monuments with individual designs for each of the four memorials.

“Installation cannot take place until our fundraising is complete, and the monuments are paid for in full,” Hahn said. “We’d like to meet our fundraising goals soon, with the hopes of having the monuments installed and completed for Memorial Day.”

Read more here.

Newsday’s Coverage of Entrepreneur’s Edge Moderated by Joe Campolo

Posted: April 4th, 2019

LI native and former Nutrisystem CEO says ‘stay nimble’

The career of Port Jefferson native and Stony Brook University alumna Dawn Zier has zig-zagged from electrical engineer to senior executive to chief executive at Nutrisystem Inc., where she spearheaded a turnaround, leading to the company’s acquisition.

Zier cites her twisting career path that led to unexpected opportunities as a lesson in staying nimble and open to new roles.

“I encourage people not to be wedded [to getting] from point A to B,” she said at a forum at the Charles B. Wang Theater at Stony Brook University. “If you’re in a job you don’t like, leave it. It’s important to know not only what you want to do, but what you don’t want to do.”

Zier spoke before a crowd of executives, academics and students last week as part of The Entrepreneurs Edge series sponsored by the university’s College of Business. She was interviewed onstage by Joe Campolo, managing partner of Ronkonkoma-based law firm Campolo, Middleton & McCormick LLP.

Zier earned her bachelor’s degree in electrical engineering from Stony Brook and credits the school with teaching her “how to think” by taking problems and breaking them down.

She also has a master’s degree in electrical engineering and computer science and an MBA from MIT.

Zier, now president and chief operating officer at Tivity Health Inc., the Nashville, Tennessee, company that acquired Nutrisystem, said she never thought of herself as a leader but learned on the job.

“Leadership is a modeled behavior,” said Zier, who said she learned many lessons while rising to become the second-ranking executive at Readers Digest. “I did not grow up thinking I’d want to be a CEO.”

A management technique used at Readers Digest and transferred to Nutrisystem when she took the top job there in November 2012 was to lean on data analytics.

We put a “fact-based culture” in place that used “data to make decisions,” she said.

Zier instituted a system of performance-based financial rewards, cut costs and sought to banish “a culture that accepted losing.”

She also moved Fort Washington, Pennsylvania-based Nutrisystem’s core message back toward weight loss and away from an image as a gourmet food brand.

Since then, Nutrisystem’s revenue has almost doubled, from $396.9 million in 2012 to $691.0 million in 2018.

The turnaround was so successful that it attracted the attention of a suitor. Tivity Health, a provider of fitness and health-improvement programs, called her in September to explore a merger. On March 8 the $1.3 billion cash and stock deal was closed.

Zier, who also serves as a director at Lake Success-based The Hain Celestial Group, said Tivity Health will have an expanding market as fitness and weight loss programs move toward a personalized DNA body blueprint.

“I believe the future is about personalized nutrition,” she said. “It’s no longer a vanity play.”

Read more here.

Yermash Presents at Nuts & Bolts of Forming a 501(c)(3)

Posted: April 3rd, 2019

Event Date: June 4th, 2019

Starting a nonprofit organization dedicated to a cause you care about is extremely rewarding – but how do you get there? Join us for an informative presentation covering the nuts and bolts of forming a 501(c)(3) organization. Arthur Yermash, Esq., Partner at Campolo, Middleton & McCormick, will share guidance, tips, and legal considerations to keep in mind as you plan to incorporate.

Tuesday, June 4, 2019
Doors open at 8:30AM
Program 9-10AM

Middle Country Public Library
101 Eastwood Blvd, Centereach

Tickets are complimentary and the event is open to all. Register here.

How to Deal with Threats in Negotiation

Posted: April 3rd, 2019

By: Joe Campolo, Esq. email

Published In: The Suffolk Lawyer

Tags: negotiation

Have you ever sat across from someone at the negotiation table who eventually stops bargaining and instead starts giving ultimatums?

I’m referring, of course, to the use of intimidation and fear tactics at the bargaining table: someone who threatens to stop negotiating to begin legal action or damage your character and status. How should you respond when the other side begins issuing threats?

The two most common and automatic responses are to offer a direct counterattack or to immediately concede in an effort to maintain what gains or status you already have; however, both tactics won’t work in the long run. A direct counterattack often leads to an escalation in conflict, and immediate concession shows weakness and promotes further intimidation. Instead, threats at the bargaining table should be deflected and the negotiation redirected back toward common interests and goals. Here’s a road map for the next time you find yourself face-to-face with a threat at the negotiation table.

Analyze. The first step is to realize that a threat has been made in the first place. Sometimes threats are overt and obvious, but other times they are subtle. The best way to realize what you’re dealing with is to take a step back from the situation so that you can observe it dispassionately. This might just be psychologically, or you might even want to call a break – or even just take a sip of water – to give yourself time to assess.

Empathize. Being able to empathize and understand your opponent’s perspective is critical to achieving a good result. This is especially difficult after he or she has issued a threat against you. By suppressing your automatic reaction toward either anger or fear, you are better able to empathize with your opponent and begin to question what he or she is after. As you figure that out, you will know how to respond to their threat.

Question. What does your opponent want? By focusing the conversation on what they want, and how you can get it for them through negotiation, you calm tensions, lower the hostility from the issuance of threats, and keep the conversation going. This tactic works best with a straight-shooter; someone who is not actually attempting to threaten but instead informing their opponent of strong alternatives in their arsenal.

Call the bluff. If an opponent’s threat is nothing more than intimidation or is coming from a place of weakness, it might be best to simply call attention to the threat, and therefore neutralize it. Research by Anne L. Lytle, Jeanne M. Brett, and Debra L. Shapiro in The Strategic Use of Interests, Rights, and Power to Resolve Disputes suggests that calling attention to, or labeling, a threat is the best way to get a negotiation back on track. This was the tactic recently used by Nike, when Stormy Daniels’s ex-lawyer Michael Avenatti was arrested on charges of trying to extort $25 million from the multinational footwear giant by threatening to reveal damaging claims about them.

A Strong BATNA (Best Alternative to a Negotiated Agreement). Always have a Plan B. As I have discussed previously, it is important to show up to the negotiation table with a strong alternative to your desired scenario. Preparation is key in any negotiation, especially once a threat has been issued.

Show power. Power both protects you and prompts action. Sometimes an aggressor will respond only to aggression. In such a case, the best solution would be to offer a counterattack to show strength but to then immediately shift the topic back to common interests and goals to avoid trench warfare or a stalemate.

If you focus on these steps and alternative responses, you can answer a threat at the negotiation table in a way that de-escalates the situation and shows strength at the same time.

For further reading, check out the Program on Negotiation’s blog here and look back at my prior posts about power, empathy, preparation, and BATNA.

Southampton Bans Plastic Straws and Styrofoam in Food Establishments

Posted: April 3rd, 2019

In 1988, Suffolk County passed the nation’s first law banning polystyrene “Styrofoam” food packaging due to its threat to the environment, paving the way for other jurisdictions across the country to do the same. Today, at both a Town and County level, Suffolk County is once again leading the way on environmental issues with regard to plastic bags, plastic foam containers, and plastic straws – and these new laws just may help drive up business in the bargain.

Similar to legislation recently passed in Patchogue Village and the Village of East Hampton banning foam food packaging, the Town of Southampton recently passed Town Board Resolution 2019-203 requiring restaurants and food service establishments in the Town to transition from plastic (including straws and stirrers) and Styrofoam products to biodegradable alternatives. This law will go into effect on May 8, 2019 to give businesses time to use up their old stock and make the transition to alternatives which can include cardboard, stainless steel, renewable corn, or bamboo products.

Under the law, restaurants will be permitted to keep a small number of plastic straws on hand for those with physical disabilities who require them, but straws will not be distributed automatically. All other customers who ask for a straw will be given a biodegradable one.

The law applies to all food service establishments and beverage providers, including restaurants, delis, bakeries, bars/taverns, fast food restaurants, take-out, and ice cream stores. Failure to comply can result in a fine up to $1,000, or imprisonment for a term of 15 days or less, or a combination of these.

Similar legislation is also being debated at the county level. Bills introduced in the Suffolk County Legislature in February 2019 aim to reduce plastic litter by eliminating plastic straws and Styrofoam containers, plates, and cups in restaurants throughout the county. This legislation follows the plastic bag fee that went into effect in Suffolk County last year – and which has resulted in an 80 percent decline in the number of single-use plastic bags distributed in the county over the past year, according to estimates.

Food service providers may understandably be concerned about adding yet another to-do item to their never-ending list, but savvy business owners should not view this ban as a burden, but as a potential boon to business. (Indeed, according to 27east.com, the Town’s Sustainability Committee surveyed 80 of the approximately 240 restaurants in the Town, and between 90 and 95 percent agreed that banning straws and Styrofoam containers “was a move in the right direction.”) (Read the full article here.)

By demonstrating an understanding of local environmental and health concerns, Long Island food and beverage service establishments will provide new incentives for existing and potential customers to frequent their stores and restaurants and will be making a change in our world for the better. Many of today’s consumers, particularly millennials, are concerned for the environment and would be more inclined to dine at an environmentally friendly establishment.

Furthermore, Baby Boomers and older generations still remember when restaurants used cardboard takeout boxes and paper straws before the widespread use of plastic, and thus wouldn’t find an adjustment back to this material difficult or inconvenient. In addition, the growing number of food intolerances, food allergies (see our related article here), and alarming cancer rates means that any change in daily life that might decrease the chances of that happening will bring relief and acceptance from Long Island residents, proponents say.

Finally, most Long Islanders agree that environmental cleanup costs are sky-high, and a decrease in plastic litter can make a major difference. By helping to reduce this type of waste, restaurants can promote their forward-thinking attitudes and attract new customers.

Please contact us with any compliance questions you may have.

CMM Negotiates Major Advertising Contract with Long Island MacArthur Airport for Premier Radio Broadcast Client

Posted: March 28th, 2019

Campolo, Middleton & McCormick has successfully negotiated a multi-year contract for premier radio broadcast company JVC Media to upgrade and manage all advertising signage at Long Island MacArthur Airport, a recognized local alternative to JFK, LaGuardia, and Newark Airports.

CMM’s client, JVC Media, is one of Long Island’s best-known local and independently owned radio broadcast and media companies, operating over a dozen stations in New York and Florida. Through the diligent work of CMM attorney Don Rassiger and his team, the deal brings both new opportunity for growth to a Long Island business as well as the modernization of Long Island’s well-loved MacArthur Airport. JVC will replace all existing advertising fixtures and will install state-of-the-art digital networks, landmark LED spectaculars, and vibrant backlit tension fabric banners, enhancing the aesthetic appearance at the airport and providing advertisers with new opportunities to engage travelers.

Operated by the Town of Islip, MacArthur Airport is located next to CMM’s headquarters in Ronkonkoma and serves an estimated 1.29 million commercial passengers a year. With the addition of the airport contract to its portfolio, JVC now manages advertising inventory on Long Island on five FM stations, numerous print publications, and the 7,000-seat outdoor venue The LI Community Hospital Amphitheater at Bald Hill, reaching over 3.2 million consumers annually. JVC’s ambitious plan to revamp MacArthur Airport’s advertising and signs will allow local businesses to bring their products and services to a wider audience, across a greater range of media, and in exciting new formats, all contributing to the growth of the local economy.

“Two million Long Islanders know all about the offerings at LI MacArthur airport and they all arrive at least an hour before boarding their flight, thanks to the very efficient security lines, making them a great audience for our Long Island media platform,” said John Caracciolo, President and CEO of JVC Media. “This agreement is a win/win for the Town of Islip, JVC Media, and MacArthur Airport. Don and the entire team at CMM made this public/private agreement process very easy and stress-free, leaving us to do what we do best – sell marketing opportunities to our clients.”

CMM attorneys are adept at assisting businesses in contract negotiation for a variety of projects and expansion plans. Learn more about our Corporate work here.

The 10th Commandment, in Short: Be Good to Your Neighbors

Posted: March 28th, 2019

Much ado has been made recently about Amazon’s Long Island City venture. For better or worse (or we may never know), it seems that Amazon and New York have moved on from each other.

Here at Campolo, Middleton & McCormick, LLP (hereinafter, “CMM”), on the other hand, we have been able to succeed where Amazon has not, and our “HQ3” in Nassau County is open for business. As I write this article/post/op-ed or whatever it is, I stand proud as a member of the CMM Westbury legal team! Stay tuned for my next post, In Defense of Plaintiff’s Lawyers (if “they” let me publish again), to hear more about me and my journey.[1]

CMM is a different kind of law firm and business organization. As a relatively new part of the team, coming on seven months now, I am settling in, and have had an opportunity to make a few observations: 1) young talent thrives here; 2) if you are not at the table, you are on the menu; 3) Joe Campolo commands a room like nothing you have ever seen; 4) we know why we do what we do (thanks, Simon Sinek); and 5) nobody works harder than we do.

This is not to say that other firms, companies, and businesses fail to match these observations. To the contrary, I have seen several who do just that and are extremely successful. But there is some magical formula here of leadership, a devoted following, openness, self-motivation, and an absolute need for success that draws clients and employees in like a black hole of hard work and happiness, and keeps our legs moving forward like a running back through a crowded line of scrimmage.

So what’s the difference between CMM and Amazon? How are we moving forward in the New York metropolitan area, while Amazon, a bona fide behemoth, was unable to close the deal? In a phrase – embrace, don’t displace, your neighbors. CMM’s unwavering devotion to its community is a reflection of its own success. Do good work for your community, and bring your community up with you.

For example, CMM recently participated in the Brentwood Job Shadow Day, hosting high school students interested in legal careers, and announced a $450,000 gift to support scholarships and programs at the Staller Center for the Arts.

CMM’s legal work also embodies its community mission. Recently, a reputable property developer came to CMM partner Patrick McCormick and me with a solvable but taxing (pun intended) property dispute, causing a road block (pun not intended) in the development of a local property. The client’s problem boiled down to a simple point of tension: a neighbor. The prior owner of the property was involved with a land dispute with its abutting neighbor where each quite literally coveted the other’s property. Their dispute prevented our client from moving forward with its project. CMM was able to step in, and with minimal court involvement, solve the dispute on all sides, allowing our client to move forward with its project.
This case presented one of an infinite number of “simple” problems between local people and businesses where the involved parties are unable to solve on their own. Instead, they call in the problem solvers, the fixers, the litigators.

In this case, as in our business, problems can often be prevented or solved through embracing neighbors, working together, supporting one another, for a mutually beneficial result. Amazon had to learn it the hard way, but many locals felt that Amazon was not supporting or embracing their community needs. Agree or disagree with that analysis, if the community did not feel supported, Amazon could not have succeeded.

The lesson for today, thus, is that most problems can be solved through mutual understanding. Whether it is two entities disputing over adjoining property, or a business expanding its horizons, the needs of all involved must be met for all to succeed. Fortunately for us, CMM works hard with its neighbors to assure mutual benefit, and works hard for its clients to assure an effective end result at an unbeatable value.

[1] Please email me with reinforcement so that I can continue to write for the CMM blog!

CMM Secures Dismissal of Frivolous Ethics Claim Against Our Client

Posted: March 28th, 2019

Campolo, Middleton & McCormick has successfully and quickly disposed of a frivolous complaint filed against our client.

A builder, frustrated by opposition to his development by our client before she was elected to the local municipal council, filed an ethics complaint against her. He claimed that her actions to gather information about the developer’s activities following complaints made to her by the public about those activities abused her authority for her personal benefit. CMM’s Fred Eisenbud filed a response that included an analysis of the municipality’s ethics code and vigorous argument that everything our client did was within the scope of her powers.

Upon consideration of our opposition to the ethics complaint, the Ethics Board found that there was no reasonable basis to believe that our client had violated the ethics code. CMM is pleased to have so efficiently disposed of this frivolous complaint without it becoming public. With this issue now behind her, our client can move forward with her work on the municipal council.

Learn more about our municipal and environmental work.

CMM Aids Local Business to Reverse a Determination by its Errors and Omissions Insurer to Decline Coverage

Posted: March 22nd, 2019

When environmental and insurance coverage issues recently intersected to threaten our client’s efforts to create a group home for veterans, CMM was able to swiftly turn things around.

Our client, a property management company, was preparing a property for rent to Suffolk County for a veterans’ group home. The client hired a company to spread fill to level the property. After the job was completed, our clients learned that the fill allegedly contained construction and demolition debris, which the New York State Department of Environmental Conservation (DEC) sent notice was unacceptable. According to the DEC, the fill was also placed into an area adjacent to freshwater wetlands without a permit.

Our client submitted a claim with its errors and omissions insurance carrier, but was denied coverage because the consent order entered into with the DEC did not reference the client, only the property owner. Fred Eisenbud, chair of CMM’s Environmental & Land Use practice group, reviewed the policy and contacted the insurance carrier to argue for reversal of their coverage position based on his reading of the insurance contract. In a victory for our client, less than a month later, the insurance carrier indeed reversed its coverage position and agreed to provide coverage to our client without reservation.

Eisenbud’s efforts have helped the client resume its work as cost efficiently and with as little distress as possible, allowing the renovation of the property to continue to ultimately serve as a home for veterans. CMM is grateful to have played a role in helping this critical work continue.