News (All)

March 28 – Malafi Chairs "Making An Impact"

Posted: March 22nd, 2019

Event Date: March 28th, 2019

Hear from a panel of dynamic female business leaders who will share their personal experiences and insights about their rise to the top. These women embody the Girl Scouts’ mission to build girls of courage, confidence, and character, who make the world a better place. Their personal journeys will inspire you to support the G.I.R.L.(Go-getter, Innovator, Risk-taker, Leader)™ in your life as she changes the world. You’ll also meet some extraordinary girls and young women who have made the Girl Scout mission their own by doing some amazing things. You won’t want to miss this special event. Senior Partner Christine Malafi, board member for Girl Scouts of Suffolk County, will chair this inspirational event.

Event details:
Thursday, March 28
8:00 a.m – 10:30 a.m.
Radisson Hotel, 110 Vanderbilt Motor Parkway, Hauppauge, New York 11788

Click here to register.

Malafi Serves as Panelist for “Human Resources-Training, Retaining and Managing in the Current Environment”

Posted: March 22nd, 2019

Event Date: April 23rd, 2019

Training is on employers’ minds. Whether it is required, job specific, soft skill or best practices. What should employers think about? It is expensive to hire people. We also know that employees do not leave companies, they leave managers. What do employers need to think about with respect to managing employees? Learn about the top 3 retention strategies.

On April 23, Senior Partner Christine Malafi will share her years of experience in labor law with attendees for this informative event. Join Christine and other experienced panelists for this event hosted by the Long Island chapter of Institute of Management Accountants (IMA).

Event details:
Tuesday, April 23
8:00 a.m.
68 South Service Road, Melville, NY 11747
Tickets are $25. Click here to register.

Copyright: “Registration” vs. “Application” Finally Solved

Posted: March 19th, 2019

Published In: The Suffolk Lawyer

Tags: ,

A copyright gives the creator of a work an exclusive legal right to reproduce, and authorize others to reproduce, the protected work.  Before a copyright owner can enforce this right with a civil lawsuit, he must register this work with the U.S. Copyright Office.[1] Surprisingly, however, ownership of a copyright exists apart from registration.[2]  The creator of a work becomes the owner of the copyright of the work upon its creation.  If this sounds inconsistent, then you’re right.  Although someone may have the ownership rights to copyrightable work, he or she may not enforce this right until the work is “registered.”  U.S. Copyright law establishes the prerequisite of “registration” prior to bringing an action for copyright.  The problem over the last couple of years was that no one was entirely sure what “registration” meant.

For decades, copyright litigants were treated differently across the nation depending on which jurisdiction the litigant sued in.  Some courts construed the “registration” requirement to be satisfied after the Copyright Office acted upon a copyright owner’s application, otherwise known as the “registration approach.”  Other courts deemed “registration” to be satisfied after the copyright owner merely submitted an application, materials, and fees to the copyright office, otherwise known as the “application approach.”

The issue has finally been resolved in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC.[3]  The Supreme Court deemed the “registration approach” to be the correct approach based the plain language of the statute.  Fourth Estate is a news organization that licensed its work to Wall-Street.  Fourth Estate sued Wall-Street after Wall-Street failed to remove the Fourth Estate’s works after canceling the parties’ license agreement.  Fourth Estate had filed applications to register the works with the Copyright Office; however, the Copyright Office had not acted upon the applications.  The trial court dismissed the complaint stating that Fourth Estate had not satisfied the registration requirement and the appellate court affirmed the ruling.  Fourth Estate appealed again to the Supreme Court.

The thorough opinion written by Justice Ginsburg on behalf of the unanimous Court decides that the correct way to construe the law is by requiring a copyright owner’s application to be acted upon by the Copyright Office before bringing a civil action for infringement.  The Court comes to this conclusion by analyzing the plain language of each sentence within the statute and finally resolving the split in the lower courts.  The “registration approach” will be used in every copyright infringement suit from here on out, putting an end to the inconsistency.

The takeaway: copyright owners should begin registering works that are vulnerable to infringement sooner rather than later.  Although plaintiffs are entitled to damages, including those that occur prior to registration,[4] some of the harm suffered from infringement can be irreparable.  Owners should make sure they are able to bring suit as soon as they are aware of infringement to best protect their works.

[1] 17 U.S.C. § 411(a)
[2] 17 U.S.C. § 408(a)
[3] No. 17-571, 2019 WL 1005829 (Sup. Ct. Mar. 4, 2019).
[4] 17 U.S.C. § 504

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

On Leadership and Ownership

Posted: March 15th, 2019

By: Joe Campolo, Esq. email

Published In: HIA-LI Reporter

Tags:

This year at CMM, our theme is leadership and ownership. I recently presented “Leading Your Business the Marine Corps Way,” and I’d like to share some of these principles here. I hope they inspire you to lead effectively no matter where your personal and professional travels take you.

  1. Create a Sense of Mission

“As America’s expeditionary force in readiness since 1775, the Marines are forward deployed to win our nation’s battles swiftly and aggressively in times of crisis.” As a Marine Corps veteran, this mission is in my blood. The challenge facing the Marine Corps is to continue to make Marines feel as if they are doing the most important job in the world. What’s your personal and company’s mission? How are you keeping yourself and your team motivated? These answers are critical to keep your team moving forward.

  1. Attract the Best

The Marine Corps is famous for effective recruitment; fortunately, businesses of all sizes can employ these techniques. Recruitment begins with the recruiter, who symbolizes “The Few, The Proud, The Marines.” Are you using your “best and brightest” to conduct your interviews? What are your recruiters/staff saying to potential recruits? Are they engaging with the recruit, or merely reading from a resume?

  1. Basic Training

Every year, 40,000 civilians walk through the gates of the Recruit Training Depot and emerge three months later as professionals schooled in the arts of war, embodying Marine Corps tradition. For your team to achieve this level, you must create your own boot camp.  Knowing that the best trained managers and people usually win, skilled leaders embrace the Marine Corps saying that “the more you sweat in peace, the less you bleed in war.”

  1. Tell Them They’re Elite

Starting on Day One, the Marine Corps recruit is told repeatedly that he/she will soon be a member of the greatest fighting organization on earth. There’s nothing more powerful to incentivize your team to succeed than if they believe they are part of something truly unique and special.  Spend your time telling your people how special they are, and if they are not special, replace them.

  1. Set Realistic Goals

While there are no guarantees, Marines are confident that they can achieve their assigned goals. In the business world, some managers believe that setting unreachable goals will still encourage their teams to put forth their best. But this can be destructive; if your workforce never meets its goals, each new expectation you set will be considered unreachable. Let your employees taste victory for victory to become a habit.

  1. Instill a Fighting Culture

I served in the infantry at Camp Pendleton with the First Marine Division, Fifth Marine Regiment, the most decorated in the Marine Corps. Our mantra was “Make Peace or Die.” Every Marine is a warrior. How do your managers supervise those on the front lines of your business? Promoting a “fighting culture” encourages competition, boosts performance, and creates a common experience that inspires individuals to work as a team.

  1. There Is No “Peacetime”

As the first to fight, Marines must prepare tirelessly every day to fight for our nation’s survival, even between conflicts. In business, it’s always go-time. You can’t wait for the next problem to reveal itself; you must constantly work to be better.

  1. Teach Leadership (in Little Steps)

The Marine Corps firmly believes that leaders are made, not born. How can you turn unlikely employees into leaders? Recruits learn to lead by degrees, building up through a course of progressive resistance. Baby steps are key to creating leaders in business and on the battlefield.  Every person in your organization should be getting trained for the next position up the rung; those who embrace this challenge are the keepers.

  1. Encourage Peer Pressure

Marines are built through peer pressure, learning the hard way that the mistake of one person can affect an entire unit. This approach instills personal responsibility into each recruit (or employee) and helps them see their role in the bigger picture.  When you manage your team, use words like “we” and “us,” and remember that when individuals succeed or fail, they rarely have acted alone.  Teams should share in the praise or the blame.

  1. Build Common Experiences

What ties together those who wear or have worn a Marine Corps uniform? Each of them has undergone the most rigorous basic training in the world. Similarly, a challenging shared experience among employees develops their respect for one another and the organization.  Building common experiences and stories about your company and incorporating your employees into them builds an esprit de corps that can’t be manufactured any other way.

For further reading, check out Semper Fi by Dan Carrison and Rod Walsh.

LIBN coverage of CMM Academy: "Applying the Management Principles of Former GE CEO"

Posted: March 11th, 2019

By Bernadette Starzee, Long Island Business News

As CEO of GE from 1981 to 2001, Jack Welch grew revenue more than five times, from $25 billion to $130 billion. The company’s net income swelled tenfold and market capitalization grew by 30 times under his watch. Welch had very definite ideas about leading and managing his workforce, which he discussed in his book, “Winning.”

Campolo, Middleton & McCormick Managing Partner Joe Campolo talked about some of the leadership strategies espoused by Welch in a seminar last week entitled “Winning: Incorporating the Leadership Lessons of Jack Welch into Your Business.”

Survival of the fittest

One of Welch’s principles was applying a “survival of the fittest” rule in evaluating his personnel and business units. Those who survived were those who were needed.

“Back then, when companies were gaining market share, they would increase head count, believing bigger was better,” Campolo told an audience of more than 50 business leaders, who gathered at the firm’s Ronkonkoma training center for the breakfast event. “But Welch was different. He looked at employees and decided whether they were nice to have, or if they were needed. He shrunk the workforce, going with fewer managers and fewer business units.”

It has to be a meritocracy, Campolo said.

“People who do more should be rewarded,” Campolo said. “‘Survival of the fittest’ is necessary. People say, ‘Shouldn’t we employ more people?’ and I reply, ‘I’m a lawyer, not a priest.’ I believe I’m on the planet to use my productive talent to help society move forward and lead others to be productive.”

Welch would eliminate the bottom-performing 10 percent of the company’s sales force at the end of each year.

“This was a clear direction to the workforce, and the salesforce in particular, and it inspired a desire to not be at the bottom,” Campolo said.

Entrepreneurial culture

Welch wanted to instill a culture of entrepreneurship – to let people feel safe to use their brains and not just do what their manager told them to do.
Company leaders should act like leaders, not micro-managers.

“If I have to do your job, then I don’t need you,” Campolo said. “A manager says, ‘Do this, do this, don’t do this.’ A leader will say, ‘What do you think you should do?’ The philosophy should be, ‘Don’t come to me with a problem unless you have a recommendation for a solution,’’’ Campolo said. “As a leader, we might agree or disagree with the solution. As a leader, sometimes you must allow people to make decisions even if you disagree, so they can see the ramifications of their decisions. Of course, you can’t let them make a fatal decision.”

Rules of leadership

Welch’s book lists eight rules of leadership, the first of which is “Leaders relentlessly upgrade their team, using every encounter as an opportunity to evaluate, coach and build self-confidence.”

According to Campolo, “this is what company leaders do. We don’t sleep, and when we do, we dream about more efficient ways to accomplish our goals,” he said. “We must constantly evaluate whether the right people are in the right roles, and whether someone is stronger here and weaker there. At the firm, we are always expanding from within, and constantly coaching and evaluating whether the team has the resources they need to do a good job. If we have to get rid of someone for lack of performance, it’s our fault, whether the mistake was made on the hire, the onboarding or through the training, mentoring, coaching or resources. I will not get rid of someone unless I am confident I have done everything I can to make sure they’re getting the resources they need to get the job done.”

The best way to boost productivity is by boosting self-confidence “with every interaction,” he said.

“People may need to be told that they are not doing something well, but it needs to be done respectfully and in a way that builds confidence,” he said.

“Everyone does something well, but they may not be doing a particular thing well.”

The relentless drive for improvement and increased productivity must start at the top, Campolo said.

“I pride myself on being a life-long learner,” he said. “And every day I want to be the hardest-working person here.”

Living and breathing 
the company vision

Welch’s second leadership rule is “Leaders make sure people not only see the vision, but live and breathe it.”

Leaders must make the team’s vision come alive – and they have to be genuine about it, Campolo said.

“If you don’t have a passion for what you do, you look ridiculous when you try to fake it,” he said. “No one buys it. The reason the jury system is so good is that we all have really good B.S.-ometers. The only way to inspire is if you have a vision that you believe wholeheartedly and share it every opportunity you get and make sure people understand it.”

After explaining elements of the vision, Campolo will ask the partner or staff member he is speaking with to repeat it back to him.

“I tell them I really need them to understand it,” he said. “It’s critical to our operations.”

His company has a Team Day event each March, where everyone from the mailroom up to the managing partner “rips apart what we did all year and evaluates it as equals,” and participation is expected from the entire team.

“When I hire people, I make sure they understand the vision and that if they are not a part of it, it will be very obvious and that they won’t fit into the ecosystem,” Campolo said.

Getting under their skin

“Leaders get into everyone’s skin, exuding positive energy and optimism” is Welch’s rule No. 3.

“An upbeat manager with a positive outlook ends up running a team filled with upbeat people with positive outlooks,” Campolo said.

Leaders have no choice but to set the tone.

“If I’m in a bad mood on a particular day, it sets a certain tone,” he said. “I didn’t realize it until it was brought to my attention by some of the other attorneys. I realized that I can’t allow the burdens that affect me to impact others. You have to be upbeat and positive every day. That’s how you get productivity out of everyone.”

It isn’t always easy.

Campolo’s father, Joe Campolo, Sr., who had served as the firm’s controller since its inception, passed away unexpectedly last fall.

“I was freaking out, but I couldn’t come to work and show that,” Campolo said. “It was really hard, but I had to set a tone of optimism. We are in a service business, and I couldn’t afford to have people unsure. As a managing partner of 60 people, I had no choice but to show confidence that everything would be okay. No matter what’s going on in your life, you have to pick up every day if you’re a leader.”

Celebrate the good

Campolo went through Welch’s other five rules of leadership, concluding with “Leaders celebrate.”

“It’s probably the most important one,” he said. “You need to celebrate the good with your team.”

The firm celebrates its anniversary every year, along with holidays and other special occasions throughout the year. Last month, the team gathered in the firm’s community room on the Friday before the Super Bowl, wearing the jerseys of their favorite football teams, eating heroes and wings and doing Super Bowl boxes.

“People need to have fun and blow off steam,” Campolo said.

Leading in the community

Leadership is something that can be taught, according to Campolo, who said his firm’s motto for the year is “Leadership and Ownership.”

“Everything we do is about leadership and ownership, and that includes being leaders in the community,” he said.

Planning regular seminars like this one for clients and other business leaders is part of Campolo’s mission to be a leader in the community.

“We try to bring business leaders across all verticals to share stories,” he said. “How we grow is by sharing stories – maybe we can pick up a nugget here or there.”

Read more here.

Common Fraud Schemes Against the Elderly

Posted: March 10th, 2019

By: Martin Glass, Esq. email

Tags:

Have you received phone calls lately from Lithuania? The IRS? Someone claiming that unless you share your social security number right now, the police will be there in five minutes? A couple of years ago I wrote about scams, mainly those perpetrated against seniors. I feel compelled to write again since it’s a topic that continues to have relevance and, in fact, sadly appears to be growing in both scope and audacity in response to technological advances.

Healthcare Scams

One scam that remains prevalent involves healthcare – a topic in which seniors have greater need and interest than most other segments of the population. For example, a person calls and tells you that if you have Medicare, you can get a back brace for free. Now what senior doesn’t have Medicare?  And what senior doesn’t have some type of back pain?

Sometimes the caller will use the name of an actual company and sometimes just one that sounds real. The catch is that the phone number they provide is not the number for any legitimate company.

Once they’ve got you on the phone, the person will explain all the marvelous benefits of the brace. And since you have Medicare, you don’t have to pay a thing. You just have to give the person on the phone the last four digits of your social security number. You have to do what!?! If it hasn’t already, that’s when a humongous red flag should go up. No company should be asking for any part of your social security number over the phone.

If these scammers called you, that means they have not only your name and phone number, but probably also your address – all the things needed to “check your identification” when calling your bank to move money, etc. Therefore, it is very important that you do not give any part of your social security number out to someone over the phone.

Legal Scams

Another type of scam making the rounds recently involves convincing the elderly that their children or grandchildren have become caught up in the legal system. For example, someone will call an elderly person’s home claiming to be their granddaughter or grandson’s lawyer, stating that they were arrested for being in the wrong place at the wrong time, i.e., being in an Uber when the driver was also transporting an illegal substance.

The “lawyer” will convince the elderly person that they need to wire bail money to a specific (usually out-of-state) account immediately to help their grandchild. They’re asking you to do what!?! This is another red flag. No one should be asking you to wire money to them over the phone. They will usually also tell the senior not to call the police or inform anyone else in the family, allegedly to avoid shaming the grandchild and to prevent the offense from going on their “permanent record.”

Sometimes – if the senior is hard of hearing or just to alarm the senior further – they might even put a young person on the phone who pretends to be the grandchild. It is important for the senior to ask their grandchild a question only they would know the answer to. This is the easiest way to determine the truth.

What’s scarier, if unscrupulous parties successfully obtain money from a senior, they’ll likely continue to perpetuate the scam, calling back to ask the elderly person for more money for a variety of reasons; i.e., the bail was more expensive than they thought, they need money for legal fees and expenses, they want to start a lawsuit, etc.

IRS Scams

This brings me to another scam that isn’t just limited to seniors – in fact, many attorneys at our firm have gotten this call, myself included. I received the call on my home phone from someone claiming to be from the IRS. He said that I owed back taxes and would be arrested if I did not call back to settle my account. The caller ID was just some random number, so I didn’t answer. The reason that I know about it is that they left a voicemail. No, I did not call back. I simply erased the message and never heard from them again.

The fear of being arrested is pretty strong. This can be even truer for seniors who grew up in other countries. You need to assure them that the IRS does not call you on the phone and they certainly don’t arrest people for owing taxes.

Why the Elderly?

Why are seniors so frequently targeted? According the a recent FBI report, senior citizens are more likely than the general population to have assets – own a home, have excellent credit, etc. – which make them attractive to con artists; they were raised to be polite and trusting; they’re less likely to report fraud and/or don’t know who to report it to; they often make poor witnesses due to the effects of aging on memory, as well as the fact that it often takes weeks to months for them to realize they were scammed; and they are more susceptible to certain types of scams, usually those involving health, healthcare, and the wellbeing of their family (https://www.fbi.gov/scams-and-safety/common-fraud-schemes/seniors).

What Can You Do About It?

What can you do if you or a loved one falls victim to a scam? You need to inform your local authorities (police, local representative, state senator). Getting scammed is not a crime and there is no way for the authorities to bring the perpetrators to justice unless they are aware of the situation.
You also need to contact the financial institutions that you deal with. Let them know what happened. They can put an alert on your account or add additional security such as a secondary password. You should also call one of the three credit bureaus (Equifax, Experian, or TransUnion). They have an automated service that will put an alert on your account and let you know if anyone is trying to access your credit.

You can also put a withdrawal limit on yours or a loved one’s accounts, requiring another person to sign off on/or be made aware of amounts that are above a certain limit. This is a way to allow seniors to retain their dignity but prevents large sums from being withdrawn without at least a notification to a trusted family member.

How can you prevent this to begin with? That is a harder question because it deals with the nature of seniors. One habit seniors should try to break is the need to always answer the phone. I’ve found this extremely difficult for many seniors. They just have to know who’s calling them.

Getting a phone with Caller ID will help, but that doesn’t always work because of 800 numbers and cell phones. So the other thing the new phone needs is memory. Enter everyone’s phone number into the memory. That way, when the senior looks at the ID, it will say “Bill’s Cell” and not just the phone number.

The third thing the phone needs is a voicemail system that even the least tech-savvy senior can operate. Many seniors will never use a system where they have to dial into the service to retrieve their messages. My philosophy is that if someone really wants to speak to me, they’ll leave a message.
Another suggestion is to get a phone that actually speaks and says who’s calling. It’s a neat little feature (but the text to voice conversion is not always the greatest).

The biggest thing is to get your loved one to understand that if they do not know who’s calling, DON’T pick up the phone. Let it go to voicemail.
There are countless scams out there. Most of them prey on the senior’s fears, love of their children or grandchildren, or their innocence in thinking that something is free. As hard as it is to say, help your loved ones understand that the world we live in is just not that way. Keeping them informed on the ways to remain safe is the best gift you can give them.

Thank you to Michelle Toscano for her research, writing, and editing assistance.

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

Newsday: "LI Law Firm Opens its First Office in Nassau County"

Posted: March 6th, 2019

By Ken Schachter kenneth.schachter@newsday.com @kschach

Campolo, Middleton & McCormick LLP has opened its first office in Nassau County, the 11-year-old law firm announced.

The firm opened the office at 1025 Old Country Road, Westbury, on Friday. Campolo’s other two offices are in Ronkonkoma and Bridgehampton.

The firm, which began with two partners in 2008, now has more than 30 lawyers. Managing partner Joe Campolo said the firm would serve existing clients from the new office.

Read more here.

Hauppauge Industrial Park: Current and Future Growth

Posted: March 5th, 2019

Event Date: April 24th, 2019

HIA-LI Hauppauge Industrial Park UpdateMark your calendars! The results of the Hauppauge Industrial Park opportunity analysis will be revealed!

Opening remarks:
Suffolk County Executive Steve Bellone

Panelists:
Joe Campolo, HIA-LI Board Chair and Managing Partner, Campolo, Middleton & McCormick, LLP

Town of Islip Supervisor Angie Carpenter 
President of James Lima Planning & Development, Jim Lima

Town of Smithtown Supervisor Ed Wehrheim

Time:
8:00 am – 10:00 am

Location:
IBEW Local 25, 370 Vanderbilt Motor Pkwy, Hauppauge, New York, 11788

Ticket Prices
Members: $45
Non-members: $60

Register Online or call (631) 543-5355

CMM Academy presents Winning: What Would Jack Welch Think of Your Management Style?

Posted: March 1st, 2019

Event Date: April 9th, 2019

CMM Academy logoWe have designed CMM Academy to help educate and inform our clients, colleagues, and partners, giving them the tools to achieve their business goals and continue their professional growth through a series of workshops and events. As part of CMM Academy, we’re excited to present our Fall 2018 Business Workshops, which have been selected for their timeliness and relevance to the business community.

All sessions will be hosted in our state-of-the-art classroom at our Ronkonkoma office and run 90 minutes (30 minutes for registration, networking, and a light meal followed by a 60-minute presentation). Early Bird registration fees are $25 per person.  Registration is required as seating is limited.

Winning: What Would Jack Welch Think of Your Management Style?
Presented by Joe Campolo, Esq.

Take a deep dive into the management style of Jack Welch, whose get-it-done approach to leadership pivoted General Electric to worldwide success. CMM Managing Partner Joe Campolo will share lessons from Welch’s popular business bible, Winning, and how Welch’s honest and be-the-best style of management can be put to work at any organization. Business owners, executives, and those who are serious about career success in any industry can all find a helpful new perspective in Welch’s words.

Tuesday, April 9, 2019
8:30 AM: Registration, networking and hot breakfast
9:00 – 10:00 AM: Presentation
Location: Campolo, Middleton & McCormick, 4175 Veterans Memorial Hwy, Ronkonkoma, NY 11779

Click here to register.
Current CMM clients, please contact Sarah Muller at smuller@cmmllp.com or call (631) 738-9100 for a complimentary ticket! Contact Sarah Muller at smuller@cmmllp.com with any other questions.

Sponsored by:
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The Sexy Salad