News (All)

CMM’s Creative Lawyering Results in Significant Settlement for Family in Wrongful Death Case

Posted: September 27th, 2018

gavel and legal books
Campolo, Middleton & McCormick has achieved a high-value settlement for a family who lost their father/husband in a tragic car crash that featured prominently in the news media for months.

The defendant’s vehicle was covered by a $25,000/$50,000 insurance policy, well below the total damages of the catastrophic accident, which raised the grim possibility that the family would receive only a fraction of the damages to which they were entitled. We previously reported that in a first in New York State, CMM prevailed on a motion for pre-judgment attachment in the case, providing security for the family as the case continued to make its way toward resolution.

Since then, following the success of this innovative motion, a related proceeding in Surrogate’s Court, and CMM’s persistent efforts to subpoena the defendant’s wife and attach marital assets, the defense team decided to settle the case. As CMM partner Scott Middleton explains, the two young sons of the man who tragically lost his life will now be provided for financially through their young adulthood.

Basso Earns Trial Skills Certificate from NITA, the Premier Provider of Legal Advocacy Skills Training

Posted: September 27th, 2018

Jeffrey Basso, Esq. Campolo, Middleton & McCormick, LLP
Jeffrey Basso, Esq. recently earned a Certificate in Trial Skills from the National Institute for Trial Advocacy (NITA), the nation’s premier provider of legal advocacy skills training.

The rigorous six-day program emphasizes “learning by doing,” requiring participants to perform specific trial skills followed by constructive critique. “The intensive exercises based on real-world courtroom scenarios, coupled with real-time feedback, was invaluable,”

Basso said. “Continuous training is essential to further hone my skills to provide even better representation for my clients, and I’m thankful to CMM for investing in me.”

Power in Negotiation: Why You Need It and How to Get It

By: Joe Campolo, Esq. email

Published In: HIA-LI Reporter

Tags:

pow·er
/ˈpou(ə)r/
noun
the capacity or ability to direct or influence the behavior of others or the course of events

Negotiation research is a real thing – and this evolving area of study is fascinating. Recent research has revealed not only some of the key ways that channeling power makes negotiators more effective, but also that attaining that power in the first place is within any negotiator’s reach.

After analyzing negotiation research from around the world (sounds like my dream job), the Program on Negotiation at Harvard Law School recently outlined four of the critical ways that power impacts negotiations:

  1. Power Prompts Action. Power, whatever its source, pushes negotiators to be more proactive throughout their negotiations – whether it’s making the first offer, deciding to negotiate a received offer rather than accept it as-is, or working through an impasse. (Not coincidentally, these qualities not only benefit the “powerful negotiator” but also his or her adversary, who can also enjoy the more creative win-win solutions often uncovered by such persistence.)
  1. Power Prompts Risk-Taking. Berkeley professor Cameron Anderson’s research has shown that psychological power pushes people to think more creatively about problems and resist the constraints of their adversary’s position. “Powerful” negotiators worry less about potential dangers and focus more on potential payoffs (the “act first, apologize later” mentality) – freeing them to take risks that often reap rewards in negotiation.
  1. Power Is Protection. No one enjoys being on the receiving end of a scream-fest, but negotiators who feel powerful are less influenced by their adversary’s displays of anger than those who feel powerless (and thus too quick to make concessions just to bring an end to an unpleasant interaction). University of Amsterdam researcher Gerben Van Kleef found that the other side’s anger barely registered for the more powerful negotiators, who maintained focus on their own interests and made concessions only to reach a deal, not to end an ugly situation.
  1. Power Prompts Perspective…If You Let It. In fact, research has shown that the more powerful a negotiator feels, the less perspective he or she has into the other side’s point of view – and of course, being able to empathize and understand your opponent’s perspective is critical to achieve a good result. The key is marrying power with perspective to enjoy the benefits of both. “Perspective taking” may not come easily to the “powerful” negotiators among us, so make a point to focus on it.

So, the benefits of power in negotiation are clear, but how do you get it? Negotiation research has revealed that power has everything to do with psychology. The Program on Negotiation identifies power as stemming from three sources:

  1. A Strong BATNA (Best Alternative to a Negotiated Agreement) – You could show up to the negotiation table naked (and afraid) and still achieve power by having a strong alternative to your desired scenario. A solid Plan B empowers you to walk away if the negotiation goes south. It’s all about preparation.
  1. Role/Position – The semantics of titles in today’s workplace is a subject for another day, but many negotiators derive power simply from their high rank or title. If you’ve got it, flaunt it if the situation warrants it.
  1. Psychology – The phrase “Fake it til you make it” comes to mind here. If you feel that you’re powerful, you will be more powerful during the negotiation, according to research by Stanford University’s Deborah Gruenfeld, along with Adam D. Galinsky and Joe C. Magee. If you need a boost, think back to an experience that made you feel good about yourself and channel that feeling into this negotiation.

If you focus on building your power from as many sources as possible, you can help steer any negotiation your way. At a minimum, before entering into any negotiation, make sure to focus on these three sources to help increase your power.
For further reading, check out the Program on Negotiation’s blog here and look back at my prior posts about BATNA, preparation, empathy, and psychology.

"Information Means Nothing Without Action": Campolo Addresses Business Leaders on Next Steps to Grow Long Island Economy

Posted: September 26th, 2018

Joe Campolo, East/West Industries team, and Terri Alessi-Miceli
“The information HIA-LI has uncovered – including that the Hauppauge Industrial Park is the second largest in the nation behind only Silicon Valley and that one in 20 jobs on Long Island depends on it – is staggering. But while information is great, it means nothing if action doesn’t follow. So let’s talk about the work we’ve done over the past year.” CMM Managing Partner and HIA-LI Board Chairman Joe Campolo inspired the 500 business leaders gathered to celebrate their love for Long Island at the HIA-LI 24th Annual Business Achievement Awards on September 20 as he spoke of the projects and partnerships that he, HIA-LI President Terri Alessi-Miceli, and the Board of Directors have forged over the past year to grow this economic engine. Read the full text of Joe’s speech below.

Good afternoon, everyone.  As mentioned, I proudly serve as the Managing Partner of CMM, and just as proudly I serve as the Chairman of the Board of Directors of the HIA-LI.

Thank you for joining us today at the Business Achievement Awards – we’re all gathered here to celebrate our love of Long Island and our desire to see it prosper and grow. CMM is a past recipient of the Rookie of the Year Award, and I remember sitting with my partners in the audience and finding out that we had been selected, and to this day it remains a pinnacle moment for us and our firm. So to all the finalists and recipients, I congratulate you and your teams on a truly wonderful accomplishment.

I like to think that my remarks last year marked the “coming out” of the economic importance of the Hauppauge Industrial Park to Long Island. We had just concluded a year-and-a-half long research project with graduate students from Stony Brook University to measure the economic impact of the Park on the region, and the results of this Economic Impact Study shocked even us at HIA-LI. Just a reminder of a few of those results I shared with you last year:

  • The HIP is comprised of 11 square miles located primarily within the Town of Smithtown, with a small piece in the Town of Islip.
  • It’s the second largest industrial park in the nation, behind only Silicon Valley! (Pretty amazing when you think about all the notoriety Silicon Valley gets, and how little the HIP has gotten.)
  • Contained within these 11 square miles are approximately 1,400 companies that employ about 55,000 people. In fact, one in 20 jobs on Long Island is dependent on the HIP.
  • The total sales volume of these businesses is in excess of $13 billion.
  • The total annual payroll to HIP employees is in excess of $2.8 billion.
  • The total income tax paid on that payroll is $806 million.
  • This leaves in excess of $2 billion of household income to spend locally.
  • The HIP generates more that $64 million in local property taxes.

But while information is great – and this information is truly staggering – it means nothing if action doesn’t follow. So let’s talk about all the work we’ve done at the HIA-LI over the past year since we uncovered this valuable information.

As a direct result of the Economic Impact Study, the Suffolk County IDA and the Regional Plan Association (RPA) have graciously granted critical funds to bring engineering, architecture, planning, and design professionals into the Park to help make it more viable for the future. We have been working closely with James Lima Planning and Development, as well as stakeholders in the Park, on ways to maximize the Park’s growth and competitiveness. These efforts are making national headlines as we continue to aggressively get the word out.

The Economic Impact Study also coincided with new leadership in the Town of Smithtown. Supervisor Ed Wehrheim and his administration, including Councilman Tom Lohmann, who in addition to the Town of Islip Supervisor Angie Carpenter, have since been incredibly receptive and supportive of our efforts to pass and explore new zoning regulations for the Park to allow businesses to grow. Our teams have been meeting regularly, with the Town of Smithtown giving us a direct seat at the table to discuss the needs of the park and most importantly giving us a line item in their capital budget.
Joe Campolo, Karen Boorshtein of Family Service League, and Terri Alessi-Miceli

Next, we’ve sharpened our focus on attracting and retaining talent here in the HIP and on Long Island in general. You may have heard that by 2025 – only a few short years away – over 70% of the workforce will be millennials. If we don’t keep these millennials working here in our businesses, factories, restaurants, and nonprofits, the Long Island economy can’t survive. As a result of the research we conducted, we learned that a huge factor in Silicon Valley’s success is its partnership with Stanford University, which provides a consistent stream of talent to the Valley. At that point, a lightbulb went off, and we realized that we need to be directly collaborating with our great universities and colleges. And so we have created a unique partnership between HIA-LI, as steward of the HIP, and Stony Brook University (Yacov Shamash and board member Ann-Marie Scheidt) and Suffolk County Community College (John Galiotos and Fara Afshar), with a laser-focused mission to find recent grads jobs right here in the Park. I also asked my fellow board member Sue Gubing, a career educator, to take on (and she graciously accepted) the role of the liaison with the career placement offices at these institutions so that we can directly help companies in the Park find talent and even hand-pick students and alumni when they have hiring needs, without getting lost in the bureaucratic shuffle.

Through these direct relationships, as well as our initiatives to create targeted job fairs exclusively for companies located in the Park, HIA-LI is ensuring that these businesses can attract and retain the talent needed to compete with the Googles and the Facebooks of Silicon Valley, which try every day to lure our most talented folks away.

Another critical initiative we are undertaking, understanding the “chicken and egg” relationship between jobs and housing, is that we are actively collaborating with LIBI, Tritec, and other real estate professionals to do feasibility studies and identify the zoning changes needed to create new residential developments with direct access to the Park, to house this growing workforce. These new partnerships have already gained tremendous momentum, and we’re just getting started!

But the Economic Impact Study and its impact aren’t the only things going on at HIA-LI. My amazing fellow board members are undertaking other important initiatives focused on economic growth and sustainability.
Our new energy initiative, headed by board member Scott Maskin, who is assisted with the guidance of Jack Kulka, aims to help building owners in the Park prosper by investing in renewable energy. They have worked closely with Mike Voltz (another board member) of PSEG to help identify 20,000,000 square feet of rooftops in the Industrial Park which can house solar, which would enable the businesses in the Park to lower their energy bills and become more competitive. Another home-grown initiative came from fellow board members Rita DeStefano, Joseph Garofalo, and Allan Lippolis, who have teamed up to create a small business task force, which hosts Town Hall meetings to focus on the needs and critical role of the often-forgotten sector of small business.

All of this demonstrates that the Hauppauge Industrial Park is more than just a random collection of buildings. It’s a living, breathing business ecosystem and the HIA-LI takes its role as steward of the Park very seriously. I am privileged and honored to work with HIA-LI President Terri Alessi-Miceli and her talented staff to help keep all of these important initiatives moving forward, as well as all of my fellow Board members, a virtual “who’s who” of Long Island.

All of this begs the question of what’s next? Short answer is, plenty. We are working hard toward finalizing the feasibility studies, working on creating a buying consortium among Park businesses to help lower costs for business supplies and other expenses, reaching out to collaborate with other Long Island colleges and universities, and are even launching a contest to rename and rebrand the Park, to help instill a broader sense of pride in this powerful economic engine across all of Long Island. And the list goes on and on.
Terri Alessi-Miceli, John Robertson of Sexy Salad, and Joe Campolo

Of course, none of this could be accomplished without the support of our elected officials, many of whom see the value and support the Park, and some who still need convincing. In addition to Supervisors Wehrheim and Carpenter, we have and continue to receive strong support from Suffolk County where we are fortunate to have a strong relationship with and support from both the Legislature and County Executive Steve Bellone.

We are also very happy to have many State representatives, including folks from the Governor’s office here today, showing that Albany understands and supports our initiatives. This is very good to see, as we cannot do this alone and need all of their help.

We are just getting started!

Growing Small Business with Joseph Camberato of National Business Capital and Elizabeth Malafi of the Miller Business Resource Center

Posted: September 25th, 2018


Long Island has a thriving business community which will only grow stronger if small business owners utilize the many resources available in our region. In this episode, Joe Campolo spoke with Joseph Camberato, President & Co-Founder of National Business Capital, about how financing for small businesses can keep our community alive and growing. Next Joe met with Elizabeth Malafi, Coordinator at the Miller Business Resource Center at the Middle Country Public Library, to discuss the resources small business owners need and the importance of networking for entrepreneurs.

October 30 – Rassiger Featured at Construction Leaders Roundtable – Riverhead

Posted: September 24th, 2018

Event Date: October 30th, 2018

Join CPAs Tom Terry and Robert White of Markowitz, Fenelon & Bank and legal counsel Donald J. Rassiger of Campolo, Middleton & McCormick, LLP as hosts of an interactive session for Owners, CFOs, Controllers and Accounting and Finance Managers in Long Island’s construction and building industries. Learn from peers and accounting industry experts. Pastries and coffee will be served!

Topics include: sales tax, contracts and change orders, lien laws, and more.

Tuesday, October 30, 2018

9:30 a.m. – 11:30 a.m.

Location: Markowitz, Fenelon & Bank, 552 East Main Street, Riverhead

Space is limited! Register here.

October 25 – Rassiger Featured at Construction Leaders Roundtable – Bridgehampton

Posted: September 24th, 2018

Event Date: October 25th, 2018

Join CPAs Tom Terry and Robert White of Markowitz, Fenelon & Bank and legal counsel Donald J. Rassiger of Campolo, Middleton & McCormick, LLP as hosts of an interactive session for Owners, CFOs, Controllers and Accounting and Finance Managers in Long Island’s construction and building industries. Learn from peers and accounting industry experts. Pastries and coffee will be served!

Topics include: sales tax, contracts and change orders, lien laws, and more.

Thursday, October 25, 2018

9:30 a.m. – 11:30 a.m.

Location: Markowitz, Fenelon & Bank, 269 Butter Lane, Bridgehampton

Space is limited! Register here.

College Kids Are Adults: Take Care of These Documents Before Heading to Campus

Posted: September 21st, 2018

By: Martin Glass, Esq. email

Published In: The Suffolk Lawyer

Tags:

The summer before my oldest went off to college, we all went for an orientation weekend. While there, he went off and did his thing and my wife and I went off and did ours. In one of our parent orientation seminars we were reminded that, now that our son was 18, he is officially an “adult” in the eyes of the law. We, as parents, would no longer have the automatic legal right to make his healthcare decisions, have access to his healthcare records in an emergency, or be included in any of his financial decisions. Who was paying their enormous bill was irrelevant. His life became private and confidential.

Amid the hustle and bustle of getting your kids off to college, it is easy to forget that you need to make sure they have signed a healthcare proxy and a HIPAA authorization form. (HIPAA is the federal law that prohibits physicians and hospitals from disclosing confidential medical records to anyone other than the patient, unless the patient has expressly authorized another person to have access to his records.)  The consequences of forgetting this simple document can be tragic. If something should happen to your child while at college (such as an injury or illness), you do not want to be told by some doctor or hospital employee in a far-off state that they cannot even talk with you about your child’s medical status.

This is especially true when the potential harm is so easily prevented. With a healthcare proxy, your child signs a document appointing you as their healthcare agent, who will be authorized to make healthcare decisions for them if they ever become unable to make their own decisions. In addition, your child can leave a living will, in which they can specify what kinds of end-of-life medical treatments they want (or don’t want).

With a HIPAA authorization, your child simply names the person or persons to whom medical personnel may release their medical information. This includes the person named as their healthcare agent, but may include others, such as siblings.

Finally, your child should sign a Durable Power of Attorney. Just because you’re the one paying the tuition does not automatically allow you to see his or her financial records! A Power of Attorney naming you as the Agent will allow you access to your child’s bank accounts, along with school loans and other financial documents. A Power of Attorney is a bit different from a Healthcare Proxy in the fact that you are given the power immediately after it is signed and you keep the power even if your child becomes incapacitated.

A few years later, my daughter’s college had actually made this a bit easier. They had a form that they gave to all incoming students where the student can name who is allowed to talk to the Bursar and Financial Aid Office. (Unfortunately, that still can leave you with a problem should you need to speak with a bank regarding your child’s loans.)

These documents may seem trivial and typically are not looked at on the same level as a Last Will and Testament, but they should be. Actually, for a young adult with not a lot of “stuff” or assets, these documents can be more important as they can have an immediate impact on a potentially critical situation. Please feel free to contact me with any questions.

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.

September 27 – Glass Presents at Veterans’ Educational Seminar

Posted: September 19th, 2018

Event Date: September 27th, 2018

An Educational Seminar on Veterans’ Benefits and How to Obtain Them

Are you a veteran? Are you the widow or widower of a veteran? Join us to learn about the benefits you may be entitled to and how to access them.

Guest speakers:

Martin Glass, Esq. – Campolo, Middleton & McCormick

Melissa Pandolf, MSgt (Ret.) – Veterans Service Office

Larry Sarraga – 20/20 Financial Solutions, Inc.

Thursday, September 27, 2018 at 6:00 p.m.

Hosted by Sunrise Senior Living, 1555 Glenn Curtis Blvd, East Meadow, NY 11554

RSVP by September 24 to (631) 676-3900 x. 25