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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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Defendants in Personal Injury Suits May Assert Comparative Negligence Defense When
Plaintiff is an Emergency Driver
By Lauren D. Kanter, Esq.
Emergency vehicle operators are shielded from liability for conduct privileged under Vehicle and Traffic Law § 1104,  such as speeding and proceeding through red lights. These privileges do have their limits: VTL § 1104(e) states that an emergency driver still has "the duty to drive with due regard for the safety of all persons." Essentially, all conduct is protected under the statute except that rising to the level of "reckless disregard." The Court of Appeals affirmed this standard in Saarinen v. Kerr, 620 N.Y.S.2d 297 (1994).
But what if the emergency vehicle operator is not a defendant, but the plaintiff?
The Court of Appeals recently addressed this issue in Ayers v. O'Brien, 13 N.Y.3d 456 (2009). Plaintiff Marc Ayers, a Broome County Deputy Sheriff, was making a U-turn in pursuit of a speeding car in Chenango, New York, when his car was struck by Defendants' vehicle. Ayers commenced a lawsuit against the defendants for serious personal injuries sustained in the July 2005 accident. Click here to read more > ( back to top)
Website Domain Name Disputes
By Eryn Y. Deblois, Esq.
As more and more companies are creating websites to put information and products onto the Internet, disputes over  domain names have become more common. These disputes generally involve "second level" domain names, which is the name directly to the left of the top-level domain name in an Internet address. For example, in the address "www.cmnallp.com," the second level domain name is "cmnallp." Two identical second level domain names cannot coexist under the same top-level domain. Because ownership of domain names are on a first-come, first-serve basis, and registrars do not do any checking before assigning a new domain name, disputes over ownership are evitable.
When there is a dispute over a Website domain name, the parties can turn to the courts. Courts will have the power to award control and ownership of domain names. In a court action, the party challenging the domain name must present legal arguments on why a domain name registered to the other party should be cancelled or transferred. These arguments are generally based on state and federal trademark or dilution law.
Click here to read more >
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Corporate Law
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Derivative Liability in New York Limited
Liability Companies
By David Hoeppner
On February 14, 2008, the New York Court of Appeals, New York State's highest court, held in Tzolis v. Wolff, that  "members of a limited liability company ("LLC") may bring derivative suits on the LLC's behalf, even though there are no provisions governing such suits in the [New York] Limited Liability Company Law."
A derivative lawsuit is usually brought by a shareholder on behalf of the company to enforce a duty owed to the company by an officer or director. It is expressly recognized in New York Business Corporation Law and New York Partnership Law statutes, but not in the New York Limited Liability Company Law.
The decision was controversial, because the New York State Legislature did not simply remain silent on the matter, but apparently intended to exclude the derivative suit from the New York LLC Law. Although the legislative history of the NY LLC Law does not discuss the matter, the version of the LLC Law passed by the State Assembly contained an "Article IX," entitled "Derivative Claims." The State Senate's version however, which eventually became law, conspicuously omitted the "Derivative Claims" provision.
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Employment Law
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Executing Enforceable Release & Waiver Agreements for Outgoing Employees
By Arthur Yermash, Esq.
It is generally good business practice for employers to execute release and waiver agreements with all outgoing  employees. This applies to employees that are terminated, laid off, as well as those leaving on their own accord. A release agreement can be a great tool to minimize the risk of future liability for any claim by a former employee. The key issue with a release agreement is that it must do what it purports to do - and that is to effectively release the employer of employee claims. Specific federal and state laws must be followed in order to create an enforceable release agreement. It is not uncommon for employees to execute a release agreement, and later attempt to seek additional compensation from an employer on the basis that the release agreement is invalid. The guidelines outlined here will improve the likelihood that a release agreement will be found valid and enforceable.
Validity of release agreements is guided by basic contract law principles. First, the release agreement must be made by an employee knowingly and voluntarily as determined by the totality of the circumstances. Put plainly and simply, the employee should actually know and understand the legal ramifications of the release.
Click here to read more >
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Firm News
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Campolo to be Honored at CAPS Dinner
Joe Campolo will be presented with the CAPS John Davis Memorial Award at the CAPS 12th Annual Golf Outing dinner on June 14, 2010. 
Middleton Re-Elected Village Justice
On
March 16, 2010, Scott Middleton was re-elected to a second
4-year term as Village
Justice of the Incorporated Village of Lake Grove.
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