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Campolo, Middleton & McCormick, 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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Client Advisory
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New York Employers Must Issue Wage Theft Prevention Act Notice in 2012 by Arthur Yermash, Esq.
As we reported earlier this year in our advisory,
New York State Wage Theft Prevention Act Notice Templates,
the Wage Theft Prevention Act (WTPA) annual notice requirement is effective as of January 1, 2012 and must be complied with by February 1, 2012.
Thus, the implementation period is exceedingly short. If you employ individuals in New York State, or have affiliates and branches in New York which
employ individuals, then you must comply with the current notification requirement of the WTPA.
The WTPA, which became effective in April 2011, provides increased obligations and enhanced penalties
for employers relating to employee pay practices. The required written notice must include information regarding the employee's rate(s) of pay, including
overtime rate of pay if applicable, the basis of wage payment (e.g. per hour, per shift, per week, piece rate, etc.), allowances to be claimed as part of the
minimum wage if applicable (i.e., tip, meal, and lodging), how the employee's pay is calculated, the regular payday, the full name of the employer and
any "doing business as" names used by the employer, and the address and telephone number of the employer's main office or principal location.
Click here to read more > >
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Litigation
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e-Discovery Goes to Congress
by Alyson Repp
This year, expect e-discovery to be all the rage. Yes, I know that may not sound very exciting, but as discussed in our newsletters before, e-discovery is a critical issue business owners and any potential litigant must be aware  of. In previous articles we have discussed preservation, spoliation and the rules governing e-discovery. Here I would like to touch upon the cost of e-discovery and help relieve, or exacerbate, the fears of exorbitant litigation fees arising from this necessary step in litigation. For those unfamiliar with the term e-discovery, or electronic discovery, a quick review is in order. E-discovery refers to the discovery of electronically stored information or more precisely information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software. In response to litigators' and attorneys' concerns regarding the confusion surrounding preservation of electronic documents in anticipation of litigation and the potential high costs in doing so, Congress on December 13, 2011 held a hearing to discuss the cost of civil discovery entitled "The Costs and Burdens of Civil Discovery". While this hearing focused on the Federal Rules of Civil Procedure's ("FRCP"), New York courts have tended to follow the electronic discovery procedures contained in the FRCP with some exception. Click here to read more > >
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Not-for-Profit Update
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The Social Enterprise Alliance
And its advocacy agenda of enhancing the
environment for social enterprise
by Joseph N. Campolo, Esq.
As a new Board member of the Social Enterprise Alliance (SEA) Long Island Chapter, I'd like to share the mission and goals of this sustainability- and social-responsibility-geared organization. Starting with the basics, a social enterprise is  an organization or venture that achieves its primary social or environmental mission using business methods. The social needs addressed by social enterprises and the business models they use are as diverse as human ingenuity. Social enterprises build a more just, sustainable world by applying market-based strategies to today's social problems. There are two distinct characteristics that differentiate social enterprises from other types of businesses, nonprofits and government agencies: Social enterprises directly address social needs through their products and services or through the numbers of disadvantaged people they employ. This distinguishes them from "socially responsible businesses," which create positive social change indirectly through the practice of corporate social responsibility (e.g., creating and implementing a philanthropic foundation; paying equitable wages to their employees; using environmentally friendly raw materials; providing volunteers to help with community projects). They are powerful vehicles for job creation, economic growth and increased opportunity for people facing barriers, including those in low-to-moderate income families and communities. ( www.se-alliance.org) Social enterprises use earned revenue strategies to pursue a double or triple bottom line, either alone (as a social sector business, in either the private or the nonprofit sector) or as a significant part of a nonprofit's mixed revenue stream that also includes charitable contributions and public sector subsidies. This distinguishes them from traditional nonprofits, which rely primarily on philanthropic and government support. Click here to read more > >
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Landlord/Tenant Update
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Be Careful with Security Deposits
by Patrick McCormick, Esq.
Landlords routinely collect a security deposit from tenants at the commencement of a lease term with the deposit generally to be used to ensure the tenant's compliance with its lease obligations. These obligations typically include the  payment of rent or additional rent and payment for any damage to the leased premises caused by the tenant. While Courts will look to the lease to determine the nature of a deposit (i.e. whether the deposit is security, liquidated damages or a penalty) and the right to the deposit, the parties to the lease sometime overlook the General bligations Law provisions relating to security deposits. The failure to comply with the General Obligations Law can prove costly. Indeed, as demonstrated by the following case, the failure to comply with GOL §7-103 can have harsh results. In relevant part, GOL §7-103 (1) provides: | Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real property as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money . . . shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same . . (Emphasis supplied) | GOL §7-103 (2) provides, in relevant part:
| Whenever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. | Click here to read more > >
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Wills, Trusts & Estates Update
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Special Care for Special Needs Children
by Martin Glass, Esq.
"Special needs children" are those who need extra assistance. They may be disabled, have learning issues, Down Syndrome, Cerebral Palsy, ADD, autism, muscular dystrophy, depression, obsessive compulsive behavior, closed  head injury, spinal cord injury, or any one of a host of other physical or mental challenges. Sometimes those problems are severe, other times children function normally only at a lower level. Special needs children usually need more emotional support, have higher expenses and need additional financial resources for a longer period of time. It is possible (if not probable) that a special needs child will require assistance throughout his or her adult life. When a special needs child loses his or her parents (whether that special needs child is 8 years old or 50 years old), he loses his prime support network. It is important to understand the devastation of that loss and to try to put a support system in place -- just in case -- to cushion the blow. Issues change with age, but in general parents must think through who will monitor that child's welfare, help him apply for and continue to receive benefits, help him decide whether to continue working, how to get around, and fulfill supplemental needs like vacations or travel. Special care must be given to who the guardian, trustee and advocate will be, and it is especially important in this case to line up successors. Many special needs children and adults pay for food, shelter and some medical costs with money from governmental programs funded by the Social Security Administration and Medicaid and some state sponsored programs. Even if a child is covered under a private health insurance plan, that may not be enough. Medicare and private insurance do not cover residential care or most medication expenses. Medicaid does cover those expenses and for most special needs children. Click here to read more > >
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Firm News
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Middleton Awarded Martindale-Hubbell AV Rating
Partner Scott Middleton has been awarded AV Preeminent rating through The Martindale-Hubbell® PEER REVIEW RATINGS™. He joins a select group of lawyers recognized for their legal ability and professional ethical standards.
McCormick Spotlighted in LIBN Who's Who in Real Estate Law
Partner Patrick McCormick was featured in the LIBN Who's Who in Commercial and Residential Real Estate Law. The special section highlights the region's leading real estate attorneys as they discuss the most current issues and trends impacting commercial real estate law.
Campolo Named to Board of Social Enterprise Alliance Managing Partner Joe Campolo has joined the Social Enterprise Alliance - Long Island Chapter Board of Directors. The organization consists of a group of socially-conscious people that's formed a Long Island chapter of The Social Enterprise Alliance (SEA). The group consists of entrepreneurs in the for-profit and nonprofit sectors, potential social enterprise investors and philanthropists, foundations, and other interested parties.
Marmanillo Joins CM&M as an Associate
CM&M is pleased to announce that Nicole Marmanillo has joined the firm as a full-time associate. She began working with Campolo, Middleton & McCormick in January of 2011, in an Of Counsel capacity and will now serve as a full-time attorney. She will join the firm's Litigation Team, with her practice focusing on insurance industry litigation.
Yermash Named CM&M Associate of the Year
We congratulate Arthur Yermash, Esq. for being named Campolo, Middleton & McCormick's Associate of the Year.  He is recognized for his excellent work ethic and exceptional customer service. Awardees are selected as those who have had an extraordinary impact on the Firm for the given year in areas such as leadership; mentoring other employees; delivering measurable value and results for our clients; and business development initiatives.
CM&M to Sponsor HIA-LI Economic Summit Breakfast
On Thursday Jan 26th, CM&M will be sponsoring the HIA-LI Executive Breakfast "LI Economic Summit . . Surveying the Future of LI Business." The event will take place at Melville Marriott at 7:30 am. The panel will discuss the Long Island economic confidence rating, the availability of credit to businesses, predictions in expansion and relocation, LI housing market and job growth.
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