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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? The cute game transforms into a cutthroat endeavor to seek any information to sabotage the opposition’s case. Given the prevalence of social media (even Grandma has a Facebook account nowadays), the first point of attack to collect necessary intelligence tends to be the opposition’s social media accounts. The instantaneous nature of social media provides a window into the opposition’s everyday life. They share where they are, what they are doing, and who they are with. Some social media users try to ensure the privacy of their information by taking advantage of certain privacy settings, which raises the question: is hiding certain information (by making the contents of a social media account private) enough to avoid disclosure during litigation?

The Court of Appeals recently answered this question in Forman v. Henkin, No. 1, 2018 WL 828101, at *4 (N.Y. Feb. 13, 2018), where the Court held that information contained in a Facebook account, whether public or private, must be disclosed so long as it is relevant to the claims at issue. Eager for the instant gratification we receive with each like or comment on a post, we sometimes lack the foresight to consider how the information we post on social media may ultimately be used to verify facts, or, even worse, to impeach credibility. Say a salesperson is accused of soliciting customers in violation of a non-compete agreement, or an employee claims entitlement to overtime wages, or, most commonly, an individual sustains personal injuries—you can be sure that the defendants are scrubbing the plaintiffs’ social media accounts for evidence disputing the credibility of the plaintiffs’ claims. Especially considering the recent decision in Forman, even if the plaintiffs try to hide such information by making their accounts private, the defendants will now be entitled to seek it.

In Forman, the plaintiff fell from a horse and alleged that she suffered severe spinal cord and brain injuries. The plaintiff claimed that her injuries resulted in cognitive deficits, memory loss, difficulties with written and oral communication, and social isolation. During her deposition, she testified that she had a Facebook account that she deactivated approximately six months after the accident and that before the accident she posted “lots” of photos of her “active” lifestyle.

Unsurprisingly, based on the plaintiff’s claims, the defendant requested an authorization to obtain the contents of her Facebook account. The plaintiff refused to provide an authorization, arguing that the defendant failed to establish a basis for access to the plaintiff’s private portion of her account because the public information contained on her profile included only one picture, and that picture did not contradict her claims. In opposition, the defendant contended that just because the public information viewable on plaintiff’s Facebook profile did not contradict her claims did not mean that the postings on the private portion of the account might contain something relevant to the defense.

Prior to Forman, parties avoided disclosing private information on social media accounts by relying on precedent that required the party seeking disclosure to identify relevant information contained in the social media account before seeking disclosure. However, the Court in Forman keenly noted that requiring a party to identify relevant information before seeking disclosure effectively permits the disclosing party to manipulate privacy settings to avoid disclosure. This is not to say that parties are now entitled to unfettered access to social media accounts simply by virtue of commencing a lawsuit. Disclosure still must be narrowly tailored to the claims at issue in the case. Nonetheless, the most important takeaway from this case is that parties can no longer hide behind the veil of privacy to avoid disclosing information that may be detrimental to their case.

We all get the urge to share information on social media, but once litigation commences, plaintiffs are well advised to consider the potential ramifications of each post and how it could be used against you. When all is said and done, litigation involves people, which means it necessarily entails emotions and the impulse to make your story heard. However, during litigation, social media is not the proper forum to share your personal thoughts, feelings, and photographs. Let your attorney advocate on your behalf to avoid having your case debilitated by contradictory posts on social media that impugn your claims and credibility. Remember—even if you try to hide them, your adversary will be permitted to seek them.

Tax season may be behind them, but the team at Bohemia-based Cerini & Associates isn’t coming up for air just yet: after tax season comes Imagine season.

Six years ago, this full-service accounting firm, under the leadership of Managing Partner Ken Cerini, introduced the Imagine Awards to the Long Island nonprofit and business community. The program has quickly gained momentum. This year, the program received 177 applications and on May 1 will bestow awards on five nonprofits, recognize an additional 15 finalists, and bring over 400 Long Island business leaders together for an evening to celebrate and elevate the Island’s vibrant nonprofit sector.

Considering that servicing nonprofit organizations is a marquee component of Cerini & Associates’ DNA, it’s fitting that its visionary founder, Ken Cerini, first had an epiphany for the Imagine Awards about 15 years ago. “Things weren’t in the right place then, but six years ago, the pieces fell into place. The sector needed it,” Cerini recently told Campolo, Middleton & McCormick Managing Partner Joe Campolo, who stopped by to catch up in the hectic weeks before the event. “The NFP world can find itself in a tough spot with a storm happening due to changing government regulations, cutbacks in funding, and an increase in the demand for services – so we were looking to create a silver lining. We want to make sure the business community sees the work these organizations are doing.”

The Awards are a way of giving back to a sector that exists to give back, recognizing nonprofits in the categories of Social Impact, Innovation, Rising Star, Leadership, and, for the second year, Arts & Culture. “Collaboration is key to keep the not-for-profit sector vibrant,” Cerini explained. “The Awards encourage organizations to work together by educating them and the business community about what other organizations are doing.” Winning organizations (initially vetted by the Awards Committee and ultimately selected by a panel of high-profile judges whose identities are revealed at the event) receive a monetary prize, exposure, a professional promotional video, and opportunities to collaborate after the Awards on panels and other events.

This year, News 12’s Doug Geed will emcee the program, which raises funds through sponsorships and ticket sales. “The money we raise is then reinvested into the event and the community,” Cerini said. “Imagine, coming from the John Lennon song, is symbolic … Imagine is what nonprofits do every day; Imagining how to make a difference, change lives, and make Long Island a better place.”

Cerini & Associates’ mission to shine a much-needed spotlight on the nonprofit sector mirrors their relentless pursuit of value for their clients, which include not only major nonprofit organizations (C&A is one of the top 10 accounting firms in the New York metro area serving the nonprofit sector) but also the education sector (public school districts as well as private, special education, and charter schools) and for-profit businesses in the healthcare, technology, real estate, and construction industries. The firm, with four partners and about 50 employees, is known for its efforts to educate and provide training for their clients through seminars and publications. Not surprisingly, their clients become their ambassadors, accounting for the firm’s organic growth over the past 25 years.

CMM Live host Joe Campolo will welcome Ken Cerini to the show on May 15 for a special episode focusing on the nonprofit sector. We’re excited to hear more from this innovative leader who saw a void in the nonprofit world and filled it with an extraordinary event that empowers organizations to maximize their impact.

 

Joe Campolo of Campolo, Middleton & McCormick and Ken Cerini of Cerini & Associates compete in Ken’s dungeon-themed office. Next photo: Intricate designs adorn the door, chairs, and walls of Ken Cerini’s office. Who said accountants are boring?

A look at Ken’s sword collection. Next photo: Joe Campolo will welcome Ken Cerini to a nonprofit-themed episode of CMM Live on May 15.

 

 

Kim Roffi, a partner at Cerini & Associates, smiles in anticipation of the end of tax season! Next photo: At Cerini & Associates, employees are encouraged to personalize their workspaces.

 

Fun and games: jerseys and sports memorabilia line the walls of the office.

Imagine Awards materials past and present. In only six years, the Imagine Awards program has become a must-attend event woven into the fabric of Long Island. Next photo: Registration closes soon for the Imagine Awards! Don’t miss out – head over to http://ceriniandassociates.com/long-island-imagine-awards/ for tickets.

How do you transition from distributing paper products stored in your mother-in-law’s garage using an old van to owning a 150,000-square foot facility and becoming one of the leading distributors of general merchandise and food throughout the world? According to David Emrani, co-founder and president of Pride Products based in Ronkonkoma: “a lot of hard work.” An engineering background, comfort conducting business across the globe, and supportive colleagues who are also family don’t hurt, either.

Joe Campolo, Managing Partner of Campolo, Middleton & McCormick, recently sat down with CMM clients and friends David and Roya Emrani, the husband and wife team behind Pride Products, and their son Dustin, the company’s VP of Operations, to learn more about their unique American success story.

Today, Pride Products operates a major warehouse and showroom on Veterans Memorial Highway near MacArthur Airport, catering to over 5,000 stores nationwide and exporting to countries worldwide. But to follow the careers of the trailblazers behind the company, you’ll need to venture beyond Long Island.

Born in Tehran, Iran, David came to the United States at age 19 and earned a B.S. in electrical engineering from the University of Texas at Arlington and an M.S. from Southern Methodist University. He began his career at Texas Instruments designing and manufacturing airport surveillance radar systems. Feeling homesick, he eventually returned to Tehran and went on to serve as a Second Lieutenant in the Iranian army. But as relations between the U.S. and Iran soured as Ayatollah Khomeini came to power, David returned to his adopted country in 1979, this time to California. He worked as a senior engineer at Litton Industries in Los Angeles. One week after closing on his house in the Golden State, his cousin invited him to Long Island to work in paper manufacturing. David took the chance.

Meanwhile, Roya had emigrated from Iran in 1976 to enter 12^th grade in the U.S., and then studied medical technology at C.W. Post. She and David later met at a party. The couple didn’t have much capital, but after working with family in New York, their entrepreneurial nature led them to strike out on their own in 1983.

Out of Roya’s mother’s garage in Plainview, the couple started selling toilet paper and tissue to restaurant suppliers and eventually to retailers, which prompted them to add health and beauty products to the mix. By 1990, they were wholesaling to retailers nationwide – notably, becoming one of the earliest local businesses to establish a direct link to China – and operated six Dollar King stores on Long Island. But as David explains, expanding national chains eventually pushed many of the mom and pop dollar stores out of business.

The entrepreneurial Emranis therefore shifted their focus to supplying to those discount stores rather than operating them, as well as wholesaling to a wide range of grocery, variety, party, and gift stores. Today, Pride Products is the best friend that retailers can hope for – supplying the best quality products for the best price. They focus on good value, high quality paper and plastic disposables, health and beauty aids, home and office supplies, housewares and hardware, and seasonal products, offered to an ever-growing list of independent retailers at a good price. The Emranis currently employ 80 people, and David estimates that he has hired an astronomical 5,000 people in his lifetime.

That’s not to say there aren’t challenges. Trucking and freight costs are high, which David predicts will force many distributors to become regional rather than national. Even ten years after the recession, consumers are still very money-conscious. Government regulation and red tape also lead to delays and expense. But there are expansion plans in the works: Dustin is working on a new division of Pride focused on selling goods directly to consumers. And going against the tide, David predicts that online shopping for value priced consumer goods will actually decrease in popularity in the next five years, as people realize they are getting a better price at brick and mortar stores. Always seeking to diversify, the Emranis are also pursuing real estate investment opportunities.

Pride Products is a fitting name for an incredible operation that started out so unassumingly, and to describe the motivating force behind a family who came to America for its entrepreneurial promise. The American dream is thriving at Pride Products.

 

 

Family affair: Dustin, Roya, and David Emrani of Pride Products in their Ronkonkoma warehouse; David Emrani, president and co-founder of Pride Products, poses with CMM managing partner Joe Campolo in Emrani’s office on Vets Highway.

 

Merchandise lines the shelves of the 150,000-square foot facility. These products are destined for supermarkets, discount stores, drug stores, independent retail stores, and the shelves of your home. Originally operated with one van out of a Plainview garage, Pride Products now buys in bulk, providing customers with the highest quality merchandise at the most competitive prices.

 

Another look at the warehouse. David Emrani was one of the first business people from Long Island to establish a direct link to China. It’s not hard to imagine the job creation spurred by a warehouse this size. Pride Products currently employs 80 people, and Emrani estimates that he has hired an astronomical 5,000 people in his lifetime.

Left: Business owners Roya and David Emrani stand proudly by a sign showing the breadth of their product offerings. Right: Born in Tehran, David Emrani came to the United States at age 19 and earned electrical engineering degrees from the University of Texas and Southern Methodist University. He returned to Iran in the mid-1970s and served as a Second Lieutenant in the Iranian armed forces. Returning to the U.S. in 1979, Emrani settled in California. He came to New York in 1981 and worked in business ventures with extended family before starting Pride Products with his wife, Roya, in 1983.

Left: Roya Emrani emigrated from Iran in 1976. Right: A group of Long Island business leaders: David, Roya, and Dustin Emrani, with Joe Campolo.