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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
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Court of Appeals Expands Scope of Scaffold Law Strict Liability by Lauren Kanter, Esq.
Labor Law § 240(1), or the "Scaffold Law," imposes a duty on contractors engaged in the construction, demolition, and repair of a building to provide scaffolding, ladders, pulleys, and other devices that give "proper protection" to workers. For years, the strict liability standards of the Scaffold Law were triggered only when a worker fell or was hit by an object that resulted in injury. But the New York Court of Appeals broadened the reach of the Scaffold Law in a December 2009 decision which held that the relevant question is not whether the worker fell or was hit by an object, but whether the resulting injury flowed directly from the application of the force of gravity to the object that caused the harm. Runner v. New York Stock Exchange, __ N.E.2d ___; 2009 WL 4840213.
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E-Discovery Procedures by Eryn Y. Deblois, Esq.
Today, litigators must devote special attention to electronically stored information ("ESI") during the discovery process. Litigators must effectively employ the entire arsenal of discovery tools to gather as much information as possible about the creation and preservation of ESI, in order to ensure that all responsive information and documents will be produced. However, you must be careful what you ask for, as opposing counsel will likely demand the same from you.
Issuing interrogatories and document requests under Federal Rules of Civil Procedure ("FRCP") 33 and 34 or Civil Practice Law and Rules ("CPLR") §§ 3132 and 3120 to identify any record retention and/or destruction policies is an essential first step to learning about your opponent's documents. Specifically, a detailed description of all methods, practices and policies for maintaining documents and ESI should be requested. Further, a document request will allow for the production of any documents as evidence of those methods, practices and policies.
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Corporate Law
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Limited Safe Harbor for Issuer's Use of Broker-Dealer by David Hoeppner
When investment banking services are unavailable to a small business looking to raise money (an "issuer"), often that issuer's only alternative will be to raise money on its own, which can expose the issuer to liability if it is not registered as, or affiliated with a registered broker-dealer. This article examines to what extent an issuer may sell its own securities without running afoul of the broker-dealer registration requirements contained in the Securities and Exchange Act of 1934 and its corresponding regulations.
The Exchange Act defines a broker as "any person engaged in the business of effecting transactions in securities for the account of others," and defines a dealer as "any person engaged in the business of buying and selling securities for his own account." An issuer is not a broker because it is not selling securities for another (it sells its own securities for itself). Likewise, an issuer is not a dealer because its sales do not involve both a purchase and sale of securities (an issuer only sells its own securities). business looking to raise money (an "issuer"), often that issuer's only alternative will be to raise money on its own, which can expose the issuer to liability if it is not registered as, or affiliated with a registered broker-dealer. This article examines to what extent an issuer may sell its own securities without running afoul of the broker-dealer registration requirements contained in the Securities and Exchange Act of 1934 and its corresponding regulations.
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Employment Law
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What Every Employer Should Know About Overtime Pay Requirements
By Arthur Yermash, Esq.
The Fair Labor Standards Act ("FLSA") is a federal law that establishes employment-related rules and regulations including overtime pay, the national minimum wage, and a prohibition on child labor. One of the key provisions of the FLSA is mandatory overtime pay for all "non-exempt" employees in the form of "time and half"pay for all overtime worked. All employers, whether large or small, are required to comply with overtime pay requirements of the FLSA. Failure to comply now will take valuable time and resources away from the business in the future, and may result in significant future penalties, fines, and headaches. Additionally, failure to pay overtime and other wages may result in personal liability to corporate officers and directors.
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Firm News
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On Feb 3, 2010, Joe Campolo's article appeared in Long Island Business News (LIBN): Protect Confidential Business InformationBy Joseph N. Campolo, Esq.In an information-based economy, knowledge is one of your  most important business resources. Keeping certain information confidential is essential for any business to retain a competitive advantage. Certain information will be deemed confidential - and therefore proprietary under the law - and will automatically receive legal protections. Most business information, however, will not be considered confidential unless there is a contractual agreement between the parties that such information shall be deemed confidential. Even then, information the parties have agreed is confidential under the agreement can lose its protected status if that information winds up in the public domain or is disclosed by someone who does not have an obligation to keep it confidential. Here are some simple tips to make sure such information remains confidential and does not lose its protected status: Have all employees sign nondisclosure/confidentiality agreementsWhile the enforceability of such agreements are the subject of much litigation, one fact is certain: It is much better for an employer to have such an agreement in place than to not have one. You should make it your general business practice to have all employees sign these agreements as part of their initial employment paperwork. Click here to read more > (back to top) | |
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