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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 News
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Court of Appeals Affirms that Prior Written Notice Provisions Are Strictly Construed
by Lauren Kanter, Esq.
When a pastor in the town of Huntington observed an uneven sidewalk in front of his church, he wrote to the town's Department of Engineering Services to advise that the sidewalk needed repair. Four months later, Norma Gorman allegedly tripped and fell on the same uneven piece of sidewalk, which the town had not repaired. Ms. Gorman and her husband subsequently commenced a personal injury action against the town of Huntington.
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Corporate News
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by David Hoeppner
On May 7, 2009, Governor Paterson signed into law the Metropolitan Commuter Mobility Transportation Tax ("MCTMT"), a new payroll tax on employers, partners of partnerships, and the self-employed located in the Metropolitan Commuter Transportation District ("MCTD"). The MCTD is defined as Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess counties and the 5 boroughs of New York City. The tax was enacted to cover the MTA's $1.8 billion deficit, which has threatened to impair the MTA's service and dramatically increase fares within the MCTD.
The MCTMT may be filed and paid online at:
http://www.tax.state.ny.us
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Employment Law
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Employers and the Enforceability of
Non-Compete Agreements
by Arthur Yermash, Esq.
It is good business practice for employers to protect their business interests by securing "non-compete" agreements with key employees. Generally non-compete agreements may take on several forms such as an agreement to not compete with the business of the company, an agreement not to solicit customers or employees, confidentiality agreements, and any variations of the foregoing. The ultimate concern for any employer, however, is two-fold: is a non-compete agreement enforceable, and, if so, how do we enforce it? We will address these concerns below.
Click here to read more >
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Technology Law
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Freedom of Speech or Defamation?
by Eryn Y. Deblois, Esq.
The law of defamation balances two competing rights: the right to free speech and the right to be free from untruthful attacks on reputation. With the advent of internet message boards and blogs that allow users to share their ideas and thoughts under a pseudonym or screen name, many question whether this anonymity provides an additional level of protection, and also a shield from any potential liability for their postings. However, the internet does not differ from any traditional forum for speech, and is subject to the laws of defamation. Anonymous users on the internet should be forewarned that they cannot hide behind a screen name.
Click here to read more >
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Firm News
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Arthur Yermash has joined the HIA Human Resources Committee. Eryn Deblois has joined the Suffolk County Inventors and Entrepreneurs Club. Lauren Kanter has joined the Cornell University Alumni Association. David Hoeppner is attending the Hofstra University MBA Program.
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