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Campolo, Middleton & Associates, LLP, is a full-service business law firm that represents clients in a wide variety of legal matters including litigation and appeals; corporate and technology; real estate development and zoning; wills, trusts and estates; labor and employment; personal injury matters including the defense of general liability, construction, premises liability and transportation cases.
3340 Veterans Highway
Suite 400
Bohemia, NY 11716
p 631-738-9100
f 631-738-0659
Disclaimer
The information contained in this newsletter is provided for informational purposes only, 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. No recipients of information from this newsletter, clients or otherwise, should act or refrain from acting on the basis of any information included in this newsletter without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this newsletter contains general information and may not reflect current legal developments. The Firm disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this newsletter.
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Litigation Law
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E-Discovery: Preservation and Spoliation
by Eryn Y. Deblois, Esq.
Discovery comprises a substantial and important portion of most litigation. Today, discovery entails not only producing documents in paper form, but significant amendments to the Federal Rules of Civil Procedures ("FRCP") and the Uniform Rules for New York State Trial Courts ("Uniform Rules") have taken into account the growing need for discovery of electronically stored information ("ESI"). ESI is generally understood to mean information created, manipulated, communicated, stored and best utilized in digital form, requiring the use of computer hardware and software. This comes in the form of e-mails, electronic files, and metadata generated by the operating system and software applications.
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Brooklyn Judge Rules an Earlier Accident May Have Caused Heart Attack Two and a Half Years Later
by Lauren Kanter, Esq.
A heart attack suffered thirty-three months after a car accident can qualify as a "serious injury" under New York Insurance Law, according to a decision by a Kings County Supreme Court judge last month.
In February 2006, while crossing the street at the intersection of East 17th Street and Avenue O in Brooklyn, Stephen Lewicki was struck by a DHL Express van driven by Gary Longshore. He spent the night at Beth Israel New York Community Hospital for observation, where tests revealed various conditions including valvular heart disease.
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Corporate Law
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Formation Considerations for S-Corporations
by David Hoeppner
There are five basic ways to organize a business under NY state law. The five forms of business organizations include (1) a sole proprietorship, (2) a partnership, either general or limited, (3) a regular "C" corporation, (4) a Subchapter "S" corporation and (5) a limited liability company.
"S" corporations only exist in the tax laws, and the phrase "S" only refers to the way the corporation is taxed. For nontax purposes, an "S" corporation is nothing more than a regular corporation. All of the nontax attributes of corporations (and their similarities to, or differences from, partnerships and sole proprietorships) apply equally to "S" corporations. Subchapter S of the Internal Revenue Code is a part of the tax laws which was added to assist small businesses.
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Employment Law
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For Employers and Employees: New York Mini Cobra Law and Age 29 Dependent Health Insurance
by Arthur Yermash, Esq.
In 2009, in response to pressures resulting from elevated unemployment rates, The New York Legislature passed two laws which directly affect employees and employers in New York State. The first law, known as "mini Cobra," effectively extended the eligibility period for health insurance coverage under COBRA to 36 months. The second law, known as "Age 29" law, increased the age eligibility to 29 years of age for qualified young adults to receive health insurance coverage under their parents' group policy. Key aspects of each law are addressed below.
Effective July 1, 2009, the New York State government enacted amendments to the "mini COBRA" law. Mini COBRA is the New York counterpart of the federal Consolidated Omnibus Reconciliation Act (COBRA).
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Firm News
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On Dec 14, 2009 the Metropolitan Transportation Authority (MTA) was served with a lawsuit which calls for collection of the controversial "MTA Payroll Tax" to be declared "unconstitutional." The suit was filed in New York State Supreme Court, Suffolk County (Central Islip, Clerk's Office) by Hampton Luxury Liner. Joe Campolo is representing the plaintiff in this action. For more information, click here. Scott Middleton is a member of LinkedIn. To see his profile, click here. Arthur Yermash is a member of LinkedIn. To see his profile, cllick here. Eryn Deblois is a member of LinkedIn. To see her profile, click here. Lauren Kanter is a member of LinkedIn. To see her profile, click here. On Dec 16, 2009 Joe Campolo was interviewed on WOR NewsTalk Radio 710. He stated that "the MTA is a failed business model." To read the entire interview, click here. | |
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