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Long Island Law Firm Campolo, Middleton & McCormick, LLP

Details: A Premier Law Firm on Long Island. Campolo, Middleton & McCormick, LLP is a premier law firm with offices across Long Island. Recently recognized as one of America’s Top Trusted Corporate Law Firms by Forbes, CMM has become the firm of choice for clients with respect to their most significant business transactions, challenging legal issues, and critical disputes.

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In Defense of Lawyers

Details: Perhaps no lawyer is the butt of more jokes than the personal injury plaintiff’s lawyer. The plaintiff is the person or entity bringing a lawsuit. The plaintiff’s lawyer, especially in personal injury or negligence cases, is only paid if the client gets paid and, therefore, usually fronts all legal costs.

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Ethics in Negotiations

Details: A lawyer may downplay the client’s desire to settle or overstate the strength and understate the weaknesses of the client’s case. Nonetheless, an attorney may not misstate facts, such as knowingly misstating applicable insurance policy limits. Thus in non-judicial settlement negotiations and mediations, a degree of posturing and puffery is

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Partner Spotlight: Q&A with Arthur Yermash

Details: AY: Becoming a lawyer was a goal even before high school. Our profession has a certain mystique and respect about it that always drew me in. Lawyers are expected to be reliable problem solvers and deal makers.

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Intra-Firm Attorney-Client Privilege: Protection of

Details: Published In: The Suffolk Lawyer. Tags: commercial litigation, white collar. Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected (or not protected) by the privilege, one of the oldest common-law evidentiary privileges. The privilege applies to communications made “for

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Long Island Real Estate Attorney- Campolo, Middleton

Details: Real Estate. As Long Island real estate attorneys, we take pride in the diversity of matters in which we serve our clients. Our clients include commercial buyers and sellers, commercial landlords and commercial tenants, brokers, developers, financial institutions, architects, and contractors, as well as banks and financial institutions.

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Exceptions to Attorney-Client Privilege: Communications

Details: In an article published in last year’s Suffolk Lawyer, I discussed decisions that upheld the confidentiality of attorney-client communications, one of our oldest common law evidentiary privileges.The two cases in question – Stock v.Schnader Harrison Segal & Lewis LLP, 142 A.D.3d 210 (1st Dep’t 2016), regarding intra-firm communications by attorneys seeking ethical advice, and Rossi v.

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Leadership and Law: Historic Examples of Leading American

Details: Published In: The Suffolk Lawyer. Tags: management. In honor of this year’s 50 th anniversary of the historic Apollo 11 Moon Landing, it seems appropriate that Americans look to the past, not only to see how far we’ve come, but to realize how extraordinary some of the achievements of our forebearers were and to inspire us to similar feats

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McCormick quoted in LIBN article "Lawyers Are Taking to

Details: “A lawyer cannot be competent absent a working knowledge of the benefits and risks associated with the use of social media,” the instructional guideline states. Newly admitted attorneys are generally required to take at least 16 credits in each of the first two years of practice, after which they are mandated to take a minimum of 24 credits

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Costa and Kanter-Lawrence Serve as Special Section Editors

Details: The Suffolk Lawyer is the monthly newspaper of the Suffolk County Bar Association, one of the largest voluntary bar associations in New York State. CMM was happy to utilize this opportunity to share our knowledge of M&A with the legal community.

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CMM Launches Cannabis Law Practice

Details: Yermash, a corporate lawyer who has spent years advising on retail, wholesale, and pharmaceutical issues, is uniquely positioned to help clients meet the challenges and opportunities that come with the new legislation legalizing recreational marijuana in New York State.

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Recovery of Attorney's Fees Under Residential Leases

Details: While recognizing that lease paragraph 16 was “not an all inclusive attorney’s fee provision, it does permit the landlord, under the circumstances described, to recover an attorney’s fee in litigation occasioned by the tenant’s failure to perform an obligation set forth in a covenant of the lease.”. Thus, the Court reasoned, lease

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How to Avoid a “Paper” Anti-Corruption Compliance Program

Details: Published In: The Suffolk Lawyer. Tags: international. In December 2008, Siemens AG, Europe’s largest engineering and electronics conglomerate, settled Foreign Corrupt Practices Act (“FCPA”) charges with the DOJ and SEC for a record-setting $800 million. Aside from the scope of the violations and the size of the penalties, the Siemens

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Partner Spotlight: Q&A with Jeffrey Basso

Details: CMM: What is the most valuable thing a lawyer can do for his or her clients? JB: Listen to what the client wants to accomplish on any given matter. For me handling litigation matters, it is important to understand why a client is in the position he/she/it is in and what that client is looking to gain. It could be that the client wants to just

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Stony Brook Happenings Spotlights CMM as Long Island's

Details: Winning the “Best Lawyer” award is a long way from Campolo’s time at Stony Brook, when he was a full-time student going to school at night while working full-time during the day as a computer salesman for RadioShack. “Now, my firm represents RadioShack,” he noted.

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New York State Enacts Paid Sick Leave Law

Details: Published In: The Suffolk Lawyer. Tags: labor & employment. Updated guidance was issued by New York State on January 20, 2021. Learn more here. On April 3, 2020, during the peak of the COVID-19 pandemic, New York State enacted mandatory paid sick leave for full-time and part-time employees as part of the state’s 2020-2021 budget.

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Now That You Have A Will, Where Should You Put It

Details: Finally, if the lawyer is not responsive for whatever reason, executors or others seeking to obtain estate planning documents from the attorney may also need to obtain a court order to compel production. On the other hand, a lawyer’s office may be the …

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The Continuing Evolution of Personal Jurisdiction in New

Details: Published In: The Suffolk Lawyer. Tags: commercial litigation. One of the more challenging and ever-evolving issues that we continue to see is determining what is necessary to obtain personal jurisdiction in New York State over an individual or business that resides or does business out of state. If you are dealing with real property in New

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McCormick Spotlighted in Suffolk Lawyer's "Meet Your SCBA

Details: McCormick Spotlighted in Suffolk Lawyer's "Meet Your SCBA Colleague" Feature. Posted: November 14th, 2018. Meet Your SCBA Colleague with Patrick McCormick. By Laura Lane. Early on in your career, from 1988- 1992, you were an Assistant District Attorney in the Bronx, prosecuting felony cases.

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How to Deal with Threats in Negotiation

Details: 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.

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Negotiating with Difficult Clients

Details: He didn’t care that my colleague was an award-winning lawyer, because he was an award-winning lawyer who wasn’t listening. Finally listening to the client saved the relationship and opened the door to honest communication going forward. Empower Employees

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Deficient Tortious Interference Claim Leads to Dismissal

Details: Published In: The Suffolk Lawyer. Tags: commercial litigation. One of the more common “business tort” causes of action we see in the world of commercial litigation is a claim for tortious interference with a contract. Often a competing company, knowing that its competitor has a contract with a certain customer or employees, will

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Labor and Employment Law

Details: Headed by Yale Pollack, CMM’s Labor and Employment team is the go-to resource for employers and employees alike seeking effective, solution-focused guidance on all aspects of employment law. Contact us today for a consultation. (631) 738-9100.

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SAPA and Timely and Sufficient DEC Permit Renewal

Details: As published in the September issue of the Suffolk Lawyer. On August 27, 2015, Newsday reported that Baykeeper, an environmental group, intends to commence a lawsuit against the New York State Department of Environmental Conservation (“DEC”) and National Grid because the effluent from the Northport power plant is killing millions of fish each year.

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The Difference Between Empathy and Sympathy in Negotiation

Details: In the negotiation of a business deal or at settlement discussions, few clients would want to hear their lawyer say to their adversary, “I get it – I agree it’s terrible what you went through. So here’s the check you asked for.” The sympathetic negotiator may not be much of a negotiator.

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What You Should Know About Pesticides on Your Lawn

Details: Published In: The Suffolk Lawyer. Tags: environmental law. Spring is here and with it, our thoughts turn to battling weeds. To wage our battles, we often hire landscapers and, after signing the contract, put our trust in these people to ensure that our lawns stay lush green and dandelion-free.

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Attempt to Have Attorney Disqualified Denied by the Court

Details: Rule 1.18(c) of the Rules of Professional Conduct also prohibits a lawyer from representing “a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in that matter.”

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LIBN Executive Profile: Joe Campolo

Details: To me being a lawyer and getting a law degree is the best thing you can do in life. I practiced law, ran a business, and now I’m doing both. It’s great. I see too many people go to law school who have no interest or passion in being a lawyer. When you’re a lawyer, you have to have a passion for practicing law. To practice law – it’s

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LOCAL LONG ISLAND LAWYER APPOINTED TO NYS PRO …

Details: LOCAL LONG ISLAND LAWYER APPOINTED TO NYS PRO BONO SCHOLARS TASK FORCE (Ronkonkoma, NY. – April, 2014) Christine Malafi, partner at Campolo, Middleton & McCormick, LLP was appointed by Chief Administrative Judge Gail Prudenti, to …

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Campolo Named to Top 25 Most Powerful People in Law on

Details: Campolo, Middleton & McCormick, LLP congratulates Managing Partner Joe Campolo on being recognized as one of the 25 Most Powerful People in Long Island Law.The LIBN Power 25 Lawyer List honors dedicated, accomplished attorneys who have persevered through challenges and positively shaped Long Island by making inspiring impacts on the lives of their clients and our region.

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Business Divorce: Negotiating with Your Business Partner

Details: As a business lawyer, I’m used to receiving frantic calls at all hours about any number of business issues, from the mundane to the bizarre. But over the past eight weeks, as PPP has run out and many business owners and CEOs are facing seemingly insurmountable challenges, these calls have overwhelmingly focused on one topic: business divorce.

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3 Counter-Intuitive Negotiation Tricks

Details: In a negotiation, that person commonly is a lawyer rather than a principal. He or she is trained to deliver a pitch or make an argument effectively. This includes not only speech, but also tone of voice, facial expressions, and body language. The negotiator is trying to control the message—and usually succeeds.

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Microsoft v. Baker: Federal Appellate Courts’ Jurisdiction

Details: Published In: The Suffolk Lawyer. Tags: Supreme Court. In the October 2016 term, the U.S. Supreme Court will hear arguments in Microsoft Corp. v. Baker, et al. on appeal from the U.S. Court of Appeals for the Ninth Circuit. The question presented—whether a court of appeals has jurisdiction to review an order denying class certification after

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Statement of Client’s Rights

Details: 3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest. 4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and

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Court of Appeals Holds Tenant’s Waiver of Right to Seek

Details: Published In: The Suffolk Lawyer Tags: commercial litigation , landlord-tenant , real estate On May 7, 2019, the Court of Appeals in 159 MP Corp. v Redbridge Bedford, LLC , 2019 WL 1995526, agreed that a tenant’s waiver of the right to bring a declaratory judgment action based upon the specific terms of the commercial lease is enforceable.

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Foreign Corporations are Not Subject to New York State

Details: Published In: The Suffolk Lawyer. Tags: commercial litigation. An issue that comes up frequently at the outset of litigation is how to obtain jurisdiction over a foreign corporation. If the litigation involves a contractual dispute, chances are the contract contains a jurisdiction provision which resolves the issue quickly. However, as with

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Revisiting the Distinction between Employees and

Details: Published In: The Suffolk Lawyer Tags: coronavirus , labor & employment Whether your business is applying for a Paycheck Protection Program loan, navigating sick leave requirements, managing your cash flow day by day, or – most likely – doing all these things at once, you must be clear regarding which workers are employees and which are

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Judicial Dissolution: An Uphill Battle

Details: Published In: The Suffolk Lawyer Tags: commercial litigation , corporate , startups When drafting limited liability company operating agreements, some variation of the words “The LLC is formed to conduct any lawful business activity” is used to describe the purpose of the entity.

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

Details: Published In: The Suffolk Lawyer. Tags: intellectual property, Supreme Court. A copyright gives the creator of a work an exclusive legal right to reproduce, and …

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Businesses Beware: “Boilerplate” Language in Contracts Not

Details: Published In: The Suffolk Lawyer. Tags: commercial litigation, corporate “Choice-of-law” provisions, identifying which state’s laws a contract will be interpreted under, are almost universally found in contract “boilerplate.” Businesspeople anxious to get deals done typically focus their attention on the up-front-and-center

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CMM Hosts Brentwood High School Law Student Hopefuls for

Details: CMM was honored to host two ambitious students from Brentwood High School for the opportunity to shadow some of our professionals. Yessica and Marilyn, who plan to pursue legal careers, received an inside look from our attorneys at life as a lawyer and …

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