The Journal of the Nassau County Bar Association June 2021 www.nassaubar.org Vol. 70, No. 10

Follow us on Facebook Meet the President By: Ann Burkowsky NCBA COMMITTEE The Nassau County Bar Association MEETING CALENDAR Page 26 is pleased to welcome Gregory S. Lisi, former Chair of the NCBA Labor and SAVE THE DATE Employment Law Committee, as its WE CARE GOLF AND TENNIS CLASSIC 119th President. Mr. Lisi was installed on Tuesday, June 1, 2021 at Domus, the See page 27 Home of the Association, with close family LAWYER ASSISTANCE PROGRAM (LAP) members, friends, and colleagues in the Monthly Virtual Wellness Groups audience. See page 3 As the world begins to reopen, President Lisi is thrilled to welcome members back WHAT’S INSIDE to the NCBA, and to resume Bar activities. Visit page four of this issue for a special Mandatory Mediation—You Will message from President Lisi, including his Attempt to Resolve the Case Whether exciting plans for the upcoming Bar year. or Not You Want To pg. 3 Education and Career May It Please the Court…Remotely: A graduate of the Georgetown Tips from the Court on Virtual University Law Center, Washington, D.C, J.D., in 1992 and University at Buffalo, Practice pg. 5 the State University of New York, B.A. in Loss of Legal Scholar: In Memoriam: 1989, and Lisi has represented defendants, plaintiffs, publicly traded and private Judge Paul G. Feinman pg. 6 companies, trade groups and associations, A Venue to Arbitrate Attorney Fee the United States government, and New Disputes pg. 7 York State government entities. Once a Regional Counsel of the and mediations, and the Courts of in the Georgetown Immigration Law Journal Why Junior Lawyers Should Consider United States Customs Service, where New York City, Nassau, Suffolk, and entitled "Intracircuit Nonacquiescence," Becoming Mediators pg. 9 he defended the U.S. government before Westchester Counties. by the INS, 5 G.I.L.J. 325 (1991). the Equal Employment Opportunity Trade Secrets for the General In addition to his position at Forchelli Most recently, Lisi has penned Commission, Lisi now heads the Deegan Terrana LLP, Lisi has lectured numerous articles for his firm’s website to Practitioner pg. 8 Employment and Labor practice group extensively on labor and employment, help colleagues and individuals navigate at Forchelli Deegan Terrana LLP, one of Recent Amendments to Federal Rules sexual harassment, discrimination, wage the ever-changing landscape of legal Long Island’s largest law firms. He handles and hour, equal employment, labor updates related to the pandemic, as well as of Procedure pg. 10 sexual harassment, discrimination, wage, relations, immigration, and federal articles to the Nassau Lawyer. hour, and overtime, management/union Top Ten Myths About Trademark Law litigation law topics. labor relations, and housing discrimination Honors and Accomplishments pg. 11 Lisi’s professional admissions include the matters. In addition to employment and New York State Bar Association, District Lisi was selected by his peers for Remembering a Mentor and Role labor, Lisi’s practice areas include litigation of Columbia Bar Association, Supreme inclusion in the 27th Edition of The Best and appeals. © Model pg. 12 Court of the United States of America, Lawyers in America for the first time in Throughout his legal career, Lisi has United States Court of Appeals for the Litigation—Labor & Employment Law. Lyndon Johnson and the Paradox of practiced before the federal courts, Second Circuit, United States District Lisi is also a recipient of the New York including the United States Supreme Legislative Power pg. 13 Courts for the Eastern and Southern Metro Super Lawyers; Long Island’s Top Court, the 2nd and D.C. Circuits, Districts of New York. Legal Eagle; Who’s Who in Labor Law; OF NOTE the Equal Employment Opportunity Martindale-Hubbell Client Distinction Commission, New York State and Nassau Publications Award; Pro Bono Attorney of the Year; NCBA Member Benefit—I.D. Card Photo County Divisions of Human Rights, Lisi was a contributing author to the Access to Justice Champion; Pro Bono Obtain your photo for Secure Pass the New York City Commission on treatise "Sex Discrimination and Sexual Attorney of the Month, and Nassau Human Rights, the Immigration and Court ID cards Harassment in the Workplace" by Solotoff County Bar Association Distinguished Naturalization Service, the National Labor and Kramer published by Law Journal Professional Achievement in Labor & Only For New Applicants Relations Board, the National Mediation Press. He also authored a note published Employment Law. Cost $10 Board, labor and corporate arbitrations

CONFIDENTIAL HELP IS AVAILABLE UPCOMING PUBLICATIONS TO LAWYERS AND JUDGES alcohol or drug use, depression or COMMITTEE MEETINGS other mental health problems Thursday, August 5, 2021 at 12:45 Call Lawyer Assistance Program (888)408-6222 2 June 2021 Nassau Lawyer

Meet the NCBA Staff

Elizabeth Post Carolyn Bonino County resident save their at the Bar Association Madeline Mullane Executive Director Lawyer Referral Service home. She is also a member for 23 years. She was the Esq., Settlement Conference [email protected] Coordinator of the Advisory Board of the administrative assistant in Coordinator As Executive Director [email protected] Paralegal Program at Hofstra. the Nassau Academy of Law [email protected] of NCBA, Liz’s job is to Carolyn has worked at She is a mother to three and was later transferred to a Madeline is new to the support the Bar's leadership the NCBA since 2006 in teenage daughters. In her spare new position as Membership Bar Association but has and to turn their visions into the Lawyer Referral Service time, she likes to work in her Coordinator. She is on been working in mortgage reality. Her role is to make Program where she provides garden and volunteer at various the NCBA Membership foreclosure for over 10 years. sure the organization runs Long Island residents and local animal shelters and rescue Committee, oversees the After representing plaintiffs for as smoothly as possible and businesses referrals to the right organizations. Matrimonial Law Committee much of her legal career, it is to provide the organization’s lawyer for their legal inquiry. dinners, as well as the Lunch with great pleasure that she will staff the necessary tools and In her free time, Carolyn Barbara Decker with the Judges Program. now be assisting and advocating direction so that they can enjoys spending time with her Office Manager/Controller She also does grievance and for Nassau’s homeowners facing provide exemplary services and grandchildren. [email protected] conciliation. foreclosure at clinics and in the programs to Members. As a Barbara is the bookkeeper/ mandatory conference part. longtime nonprofit executive, Ann Burkowsky controller for the NCBA, Jennifer Groh Outside of work, Madeline her motto is that you never ask Communications Manager Nassau Academy of Law, CLE Director enjoys gardening and spending someone else to do something [email protected] and Nassau Bar Foundation, [email protected] time with her husband, James, that you aren’t willing to do Ann is the NCBA which consists of Mortgage Jen has been a part of the and their three children, with a yourself. That’s why Members Communications Manager and Foreclosure, Lawyer Assistance Bar Association since 2013 fourth on the way in July 2021. will just as likely see Liz at has been working at the Bar Program, and WE CARE. and is the Director of the Domus moving tables around since March 2019. She works She raised five children as a Nassau Academy of Law, the Stephanie Pagano for the next meeting as finding on special events like BBQ at single parent while working as educational arm of the Bar Membership Coordinator/ her in her back office preparing the Bar, Judiciary Night, and the controller of a $22 million a Association which is responsible Committee Liaison next year’s budget. the Dinner Gala, to name a year textile firm in Manhattan. for our CLE programming. In [email protected] few. She is also the Production She also played tennis for many addition to her duties for the Stephanie has worked at the Patti Anderson Executive Editor of the Nassau Lawyer, years and only stopped when Academy, Jen is also responsible NCBA since 2007. She is a Assistant the official publication of the her health forced her to, at for coordinating sponsorships, Membership Coordinator and [email protected] NCBA. which time she took up pickle administrating of the Mock is responsible for sending out Patti joined the NCBA staff She graduated from LIU Post ball. She is devoted to her Trial tournament for high the invoices and processing of in November 2002. Patti works in 2016 with a B.A. in Public family and is fortunate to have school students through our payments as well as making in the Nassau Academy of Relations. She is the oldest of a wide circle of friends. Community Relations and all updates. As Committees Law, the educational arm of three sisters and enjoys spending Public Education outreach, Liaison, she is the one to ask the Bar Association, helping time with family and friends. Dr. Beth Eckhardt and running the Elaine Jackson about booking committee members to keep up with their Director of Lawyer Assistance Stack Moot Court competition meetings and sending out CLE credits. Some of her other Pat Carbonaro, Lawyer Referral Program (LAP) for law school students. meeting notices. Stephanie responsibilities are: Arbitration, Service Coordinator [email protected] Jen comes from the legal is literally the keeper of the [email protected] Mediation, Judiciary As Director of the Lawyer world and has a 15+ year Bar calendar and manages Committee and working with Pat has worked for the NCBA Assistance Program (LAP), background as an intellectual the calendar for not just the Board of Directors. for 32 years. For the past 31 Dr. Beth Eckhardt provides property law librarian. She committees but all other Bar Patti enjoys cooking, years, she has coordinated professional, confidential holds a Master’s Degree in events. She also handles the swapping recipes, and spending the NCBA Lawyer Referral counseling services to lawyers, Education from New York WE CARE grants, which has time with her family and Information Service (LRIS) judges, law students and their University and a Master’s two grant cycles a year. Her friends. program and Call-A-Colleague families struggling with mental Degree in Information and voice is also one of the ones Mentor program. Pat’s health and substance use issues. Library Science from Pratt that you will hear if you should Gale D. Berg, Esq. objective for LRIS is to refer fee In addition, Dr. Eckhardt Institute. call the Bar Association for Director of Pro Bono generating referrals to the LRIS conducts evaluations and makes She is the proud mom of help. [email protected] panel members. Clients who treatment referrals. Andrew, currently a sophomore She is a proud mom of three Gale has been an attorney take advantage of the service The Lawyer Assistance at Stony Brook University children. When not hard at for over 40 years and since come from all walks of life and Program provides early majoring in Geology, and Eagle work, she enjoys going to the 2010 has been the Director of run the gamut of economic identification, peer support, Scout. beach, reading, traveling, and Attorney Pro Bono Activities spectrum. Those who cannot stress management, motivation, spending time with her kids. for the Nassau County afford the private fees of our treatment referrals, and Hector Herrera Bar Association Mortgage members are referred to outside monitoring services. LAP also Building Manager Bridget Ryan Foreclosure Project. As agencies. conducts presentations and [email protected] WE CARE Coordinator/Special Director, she recruits attorneys Pat would like to thank her workshops at law firms and law Hector assists the NCBA Events Assistant to volunteer to counsel long standing LRIS colleague schools regarding substance use staff with technological needs [email protected] Nassau residents at either and coordinator, Carolyn and mental health issues among involving maintaining the Bridget is the NCBA Special our twice monthly clinics or Bonino, for her dedication, attorneys, suicide prevention, network, upgrading servers and Events Assistant and WE at Mandatory Conferences. professionalism, and friendship. time management, stress workstations, extracting and CARE Coordinator, and has Additionally, Gale locates and management, and mindfulness. converting videos and uploading been working at the Bar since writes the grant proposals Cheryl Cardona Beth has a private them to the website. He also takes September 2019. She helps which have funded this project Paralegal psychotherapy practice where care of the general maintenance to plan NCBA events such [email protected] for the last ten years. she works with individuals, of Domus and during normal as the Annual Dinner Dance What you may not know Cheryl has been a Real couples, and families. She is times take photographs of all Gala and Judiciary Night, is that Gale is an Associate Estate Paralegal over 25 also mom to 15-year-old twins, NCBA events, sets up rooms as well as WE CARE events Magistrate for the Village of years and is working with the Sarah and Bobby. When she is for CLE programs, events and such as Las Vegas Night and Baxter Estates and recently Mortgage Foreclosure Project. not working, she enjoys hiking, committee meetings, and provides Gingerbread University, among retired as a float escort in the She works closely with the outdoor activities and spending all audio-visual requirements. others. She graduated from Macy’s Thanksgiving Day volunteer attorneys, housing time with family and friends. Hector schedules the Zoom Adelphi University Honors Parade! She has photos of counselors, and homeowners. meetings for the Committees and College in 2017 with a B.A. in the nine years in which she She loves helping people and Donna Gerdik Bar entities, while assisting the Communications for Digital marched; stop by if you want to this project is perfect for her Membership Coordinator Chairs and speakers to manage Media. A fun fact about Bridget see the proof! as she gets a sense of gratitude [email protected] them and monitor its security. is that she’s a former Walt when she can help a Nassau Donna has been working Disney World Cast Member! Nassau Lawyer June 2021 3 FOCUS: Mandatory Mediation— You Will Attempt to ADR Resolve the Case Whether or Not You Want To

programs begs the question of whether Unlike the pilot programs that were follow-up, adequate compensation and the courts should compel disputing previously utilized in limited litigation guaranteeing confidentiality. parties to attempt mediation, especially areas such as labor and matters within Providing well-trained mediators is in jurisdictions where mediation is not the commercial division, and existing essential to a successful court annexed widely utilized. usage within the family court system, the mediation program. Each of the four A Department of Justice study on the new initiative serves a wide range of civil District Court programs provide for benefits of ADR, conducted from 2013 to matters such as personal injury, trust and training and all program mediators are 2017, found huge percentages of referred estate matters, and commercial disputes. interviewed and carefully vetted before and ordered cases actually settled in Although local jurisdictions were given the entering the program. Additionally, new Cynthia A. Augello and Joel Thomas mediation.4 Specifically, the study found freedom to make decisions on the timeline mediators observe mediations before they that three quarters of referred cases, and of implementation and operation, there handle any mediations and are observed lternative Dispute Resolution, half of cases brought to mediation by is a taskforce dedicated to oversight over once they have moved on to mediating ADR, has opened the door for court order, had actually settled.5 The the entire program, composed of deputy cases on their own. conflicting parties to resolve DOJ posited that in the final year of chief administrative judges, their staff, the Parties submit evaluation forms after Atheir differences through non-traditional the study alone, the Department saved State ADR coordinator, administrative a mediation, where they can comment forums. Over the past thirty years, ADR millions of dollars in litigation costs, and and trial court judges, and local bar on the quality of the mediation and the has brought to light alternatives to discovery expenses, as well as thousands associations.12 mediator. These evaluation forms are litigation. These alternatives purport to of days of attorney time and litigation Despite the implementation of reviewed by the program administrators enable parties to resolve their differences days. 6 presumptive mediation throughout to ensure quality control. The programs without the high cost associated with Federal and New York the New York state court system, the also bring mediators together on a regular litigation, while at the same time reducing State Mediation Programs question remains as to the effectiveness of basis to discuss cases, new procedures, court caseloads. Presumptive ADR. The question remains New York has four district courts: the These alternatives include a spectrum whether the extensive implementation of See MANDATORY MEDIATION, Page 25 Western (WDNY), Northern (NDNY), that range from arbitration, which is ADR throughout all civil actions in New mostly a traditional court-like process to Southern (SDNY), and Eastern (EDNY) Cynthia A. Augello is the York will accomplish its intended results. Principal of the Law Offices of resolve conflicts, to facilitative mediation, Districts. Each of those courts maintain Cynthia A. Augello, PC handling which is mostly a cooperative process. data relating to their court annexed Components of a Successful Program primarily employment law defense matters. She is also Unlike arbitration where parties are mediation programs. The data shows that, A review of the various mandatory a New York State certified subject to an arbitrator’s ruling on the where a court rule requires that cases be mediation programs reveals that there mediator. Joel Thomas is a conflict, mediation is an alternative sent directly to mediation, fifty percent graduate of the Maurice A. appear to be some features that make for Dean School of Law at Hofstra dispute process that allows parties to or more of those cases typically find a successful program. Among them are University. resolve their conflict through voluntary resolution through the mediation process. having well-trained mediators, providing participation in an interest-based In 2006, the WDNY, largely through for discovery, offering facilitation and mechanisim with a mediator acting in the efforts of then Chief Judge William a non-judgmental role to facilitate the Skretny, enacted a unique mediation mediation process. program, whereby almost all civil cases This article will address mandatory went directly to mediation. The program mediation programs available in New was so successful that, in 2014, the NDNY York. As the title suggests, mandatory adopted an almost identical program. The mediation appears to be a glaring SDNY has had an automatic mediation contradiction. Mediation is a balance program that, over the past several years, of self-determination, collaboration has steadily, and successfully, expanded. and creative ways of resolving a dispute The EDNY, by contrast, has yet to and addressing each party’s underlying adopt an automatic mediation program. APPELLATE concerns. Any attempts to impose a However, it offers a voluntary mediation formal and involuntary process on a program which is largely successful and COUNSEL party may potentially undermine the has recently expanded to cover Civil raison d'être of mediation. In view of this §1983 cases. Specifically, eighty-seven danger, there must be compelling reasons percent of cases referred to the EDNY to introduce mandatory mediation. mediation program were referred by Magistrate Judges.7 District Judges History of Mandatory were responsible for thirteen percent of Christopher J. Chimeri is frequently sought by Mediation Programs mediation referrals. Seventy-five percent colleagues in the legal community to provide direct Due to the heavy burden placed of all cases referred to the mediation appellate representation for clients, as well as on the court systems by a seemingly program8 were settled. Of those cases consulting services to fellow lawyers. unending docket of cases, mediation has referred to the mediation program,9 a been looked at as a favorable alternative mediation session was completed in 484 Results-driven solutions to family law challenges to traditional litigation or as a way to cases.10 Mediation referrals increased by resolve litigation at various stages in the thirty-seven percent in comparison to the The firm’s appellate team is highly equipped to process. In 1983, Rule 16 of the Federal same reporting period the previous year.11 navigate, or help you navigate, the complexities and Rules of Civil Procedure was amended to After initial experimentation with nuances of appellate practice, including all aspects of exhort courts to consider the “possibility several pilot programs, Chief Judge matrimonial and family law in all departments in New of settlement” or “the use of extrajudicial Janet DiFiore announced in May 2019 York State and the Court of Appeals, as well as civil procedures to resolve the dispute” at pre- that there would be an increased push and commercial matters in the Federal Courts. trial conferences.1 to implement presumptive mediation The Civil Justice Reform Act of 1990 across the New York State Court system. also requires every federal district court The announcement was the result of the to consider court-sponsored ADR. In findings of the state Advisory Committee addition, the ADR Act of 19982 gave for ADR who found that existing district courts the mandate to establish mediation programs that were court 888 Veterans Memorial Hwy, Suite 530, Hauppauge, NY | 631.482.9700 ADR programs and listed mediation as an sponsored were severely underutilized, 320 Old Country Rd, Suite 206, Garden City, NY | 516.444.4200 3 appropriate ADR process. The courts’ despite the provision of reduce fee and WWW.QCLAW.COM increasing association with mediation often completely free mediation services. 4 June 2021 Nassau Lawyer Nassau President’s Column Lawyer The Official Publication WE’RE BACK, BABY!! of the Nassau County Bar Association 15th & West Streets, Mineola, N.Y. 11501 Phone (516)747-4070 • Fax (516)747-4147 As the great legal scholar George Costanza you at the President’s Table. www.nassaubar.org said, “[We’re] back, baby.” As President, one We will kick it all off with the Annual Dinner E-mail: [email protected] of my jobs this year is to get our members back Gala and Honoree VIP Reception night at NCBA Officers to Domus. To that end, I will propose to the Domus on August 3 and 4 with former NCBA President Board of Directors several ideas to increase the President Chris McGrath, “Mr. Everything” Gregory S. Lisi, Esq. participation of members here at Domus. Hector Herrera, the Honorable Norman St. President-Elect I believe that the networking function of the George, and the 50-, 60- and 70-year members Nassau County Bar Association will be the main being honored at these events. Rosalia Baiamonte, Esq. catalyst to getting members back in our home. BBQ at the Bar will be back on September 9, Vice President Zoom is great, and will still be available, but you 2021. Sanford Strenger, Esq. cannot really network on a Zoom call. To that rom the Additionally, I have asked a blue-ribbon panel Treasurer end, starting in August: F of members led by Ira Slavit, Marcus Monteiro, Daniel W. Russo, Esq. NCBA Committee meetings will once again President and Michael DeFalco to brainstorm ways to be in person here at Domus. Zoom has been a get members back into Domus and increase Secretary great catalyst for many of the committees and Gregory S. Lisi membership. They have some fun ideas planned James P. Joseph, Esq. for some, it is the only way they can be here. So, already! Executive Director we will not end the Zoom committee meetings, These are just some of the ideas I have had Elizabeth Post but will combine in-person and Zoom. With that in mind, I for networking, but this is not all that this Bar is about. WE Editors-in-Chief have assembled a panel of technologically savvy members, CARE will be getting back to their wonderful work with the Rudy Carmenaty, Esq. led by Tom Foley and Hector Herrera, to recommend the Mets/Yankees game on September 11, the Golf Outing hardware, software, bandwidth and procedures to allow us on September 20, the Tunnels to Towers Walk, and my Andrea M. DiGregorio, Esq. to have up to four in-person committee meetings during personal favorite—Las Vegas Night in October—among Copy Editor lunch, while still having those meetings on Zoom—this many others too numerous to name all of them here. Allison C. Shields, Esq. way, those of us who wish to meet here, network, and enjoy Further, with the help of Adam D’Antonio and Pat Editor/Production Manager each other, as committees have done for decades, can, while Carbonaro, we will make the Lawyer Referral Information Ann Burkowsky those who are more comfortable on Zoom will still have that Service (LRIS) into the best referral service in the state. We option. It is my hope that as members see us congregating at have been discussing with Judge St. George the possibility of Photographer the in-person committees, they will venture back to Domus. adding signs at Nassau County courthouses to inform people Hector Herrera The Committee on Committees, which is normally a that if they need a lawyer to call the Nassau County Bar once-a-year meeting of all the committee chairs and vice- Association. We will update our website to allow inquiries June 2021 chairs, will now meet more often as a networking cocktail over the internet and are looking into raising our profile on Rhoda Y. Andors, Esq. Cynthia Augello, Esq. hour at Domus. This will allow attorneys to mingle with Google. With the increase in inquiries this will bring, we will Rudy Carmenaty, Esq. other attorneys who do not practice the same type of law as multiply the number of calls the members of the Lawyer Andrea DiGregorio, Esq. each other. Extensive networking can be done with attorneys Referral Information Service panelists will receive, thereby Christopher J. DelliCarpini, Esq. who handle different aspects of law. Further, this will be increasing our members’ income and the Bar’s revenue. Get Focus Editors an additional perk for putting in the time and effort as a on the lawyer referral panel for your areas of expertise as Simone M. Freeman, Esq. Nancy E. Gianakos, Esq. committee chair. It will kick off on August 18. soon as possible. It will be the best $250 you will ever spend. Thomas McKevitt, Esq. We are planning some targeted networking events as Do you know that we are one of only two bar associations Jeff H. Morgenstern, Esq. well. For example, there are many affinity bar associations in New York State that has a licensed clinical social worker here in New York, such as Amistad, the Asian on staff to help our members in time of need? That’s right— Committee Members Rudy Carmenaty, Esq., Co-Chair American Bar Association of New York, Jewish Lawyers our Lawyers Assistance Program (LAP) is like no other, with Andrea M. DiGregorio, Esq., Co-Chair Association, Long Island Hispanic Bar Association and Beth Eckhardt and others working so hard for the mental Cynthia A. Augello, Esq., Vice-Chair Columbia Lawyers, just to name a few. I have asked health of our members. As we come out of this crazy time, Rhoda Y. Andors, Esq. two former Presidents of those associations, —Hon. please do not feel like you are alone. Believe me, many of us Deborah S. Barcham, Esq. Maxine S. Broderick and Margaret Ling—to form a are having the same feelings and emotions as we get back to Hon. Robert G. Bogle Deanne Marie Caputo, Esq. panel to organize networking meetings with members of normal. We are here to help and it’s all confidential. LAP Christopher J. DelliCarpini, Esq. these associations here at Domus. Not only will this have will be back with its retreat and its other events. Look for Nancy E. Gianakos, Esq. the hoped-for effect of getting more people to attend events them, but use the service if you need it. Adrienne Flipse Hausch, Esq. at Domus, but it will also help with another issue very There is so much more that your magnificent Bar Simone M. Freeman, Esq. important to me, increasing the diversity of the Nassau Association does, but none of it can be done without you. The Jordan K. Hoffman, Esq. Janine Luckie, Esq. County Bar Association. Hopefully, when those Bars’ state is reopening, the country is reopening, and the Nassau Michael J. Langer, Esq. members see this beautiful building, meet our wonderful County Bar Association is reopening. The caterer is ready, Michael H. Masri, Esq. members, and hear about our cutting-edge programs and the Board is ready, the staff is ready, and I am ready. As Bob Thomas McKevitt, Esq. networking opportunities, they will consider becoming Barker has said, “Come on Down” to the Nassau Bar. See Daniel McLane, Esq. members here as well. your colleagues, have lunch with your friends, and learn about Jeff H. Morgenstern, Esq. Marian C. Rice, Esq. Our inhouse caterer, The Esquire at the Nassau County the new developments in the law that being at home you may Daniel W. Russo, Esq. Bar Association, is so excited to be reopening for lunch in have missed. It is all right here, under this roof. Allison C. Shields, Esq. August and is already open for private events. To book an I’ll leave you with this quote by Michael Jordan, “Always Tammy Smiley, Esq. event, contact (516) 414-0879 or [email protected]. turn a negative situation into a positive situation.” We have Ellen B. Tobin, Esq. I will create the “President’s Table” at lunch. Every an opportunity here to turn the negative last year into a Published by Wednesday at 12:30 PM, I will have lunch at Domus and real positive not only for this Bar, but for our profession and Long Island Business News (631)737-1700; Fax: (631)737-1890 any member may come to Domus and have lunch with ourselves—but we can only do it together. Together, that is Publisher Graphic Artist the President of the Bar. There will be no agenda. Just join what this Bar Association is. Us working together. Be a part Joe Dowd Sloan Marion me to discuss any or no topic. If you do not have a lunch of it. Nassau Lawyer (USPS No. 007-505) is published month- ly, except combined issue of July and August, by Long companion, or even if you do, I would be honored to have See you in August! Island Commercial Review, 2150 Smithtown Ave., Suite 7, Ronkonkoma, NY 11779-7348, under the auspices of the Nassau County Bar Association. Periodicals postage paid at Mineola, NY 11501 and at additional entries. Contents Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest copyright ©2021. Postmaster: Send address changes to the Nassau County Bar Association, 15th and West Streets, to our membership. Views expressed in published articles or letters are those of the authors alone and are not to be attributed to Nassau Lawyer, Mineola, NY 11501. its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations, and quotations. Nassau Lawyer June 2021 5 FOCUS: May It Please the Court ...Remotely: Tips COURTS from the Court on Virtual Practice

needs to be able to clearly see and argument. They should wait until the situations where attorneys, mistakenly hear practitioners free of distractions. virtual appearance has terminated. believing their microphones were Practitioners can improve the Additionally, in advance of a virtual muted, made rude and inappropriate efficacy of their appearances by appearance, practitioners should comments under their breaths or to resolving potential distractions to the also confirm that any surrounding others about Court personnel or their Court ahead of time. For starters, space within the Court’s view is adversaries. Microphones can be very practitioners must be familiar appropriately "dressed" as neat, sensitive. Attorneys should proceed as with Microsoft Teams—the virtual business appropriate, and non- though their microphones are always Amy E. Abbandondelo and William A. Sheeckutz platform that the New York courts distracting. If practitioners opt to unmuted. are currently using—including the use a virtual background, select one The panel had no issues with irtual appearances have camera, background, and audio that is simple and professional. A clients being in the same room as permitted appeals and features. Practitioners also need to beach background, for example, is the presenting attorney, provided the conferences in the New York be sure to test the technology in the inappropriate. Court is notified (if necessary), and clients VAppellate Division and Appellate planned location for the appearance. The panel had no preference Term to proceed despite the business Doing so reduces the likelihood that whether counsel stands or sits during See VIRTUAL, Page 24 interruptions that the Covid-19 practitioners will experience internet argument. Either is acceptable to Pandemic has caused. Although Amy E. Abbandondelo connection loss and other issues that the panel, provided they can clearly virtual argument is not new—the is Vice Chair of the could detract from their arguments. see and hear counsel. To that end, NCBA Appellate Practice United States Court of Appeals, As a backup, attorneys should confirm the camera should be level with the Committee. She is Second Circuit, for example, began associated with Sherwood they have provided the Court with a speaker’s eyes and the speaker should experimenting with a remote virtual & Truitt Law Group, LLC, good telephone number to reach them look directly into the camera when where she focuses her appearance option years before the litigation practice on real in the event they experience technical speaking. However, Counsel, however, Pandemic—its widespread use in estate disputes. difficulties, and, if applicable, have a should also be mindful that the Court state court has revealed various issues call-in number available. can see what they are doing even for both appellate practitioners and Another common distraction to if they are not speaking. When it judges. William A. Sheeckutz is the Court is insufficient lighting, is an adversary’s or Court’s turn to a member of the NCBA To explore those issues, the NCBA Appellate Practice which can prevent the Court speak, for example, counsel should Appellate Practice Committee Committee. He has a from adequately seeing counsel. not check their phones, step or look private practice and is on coordinated a continuing legal Practitioners need to be mindful of away from the camera, eat or drink the 2nd Dept. Attorneys education program held on April for Children panel, and lighting when selecting a location (aside from water), or engage in any 22, 2021, consisting of a question- Nassau County 18B Family for their virtual appearances. Due conversation. The panel recounted Court and Family Court and-answer session, moderated by to sun movement, for example, Appeals panels. Committee Chair Jackie Gross, Esq., a location that is sufficient in the with an esteemed panel of jurists: morning may be unsuitable as the Justice Leonard B. Austin, Associate day progresses. Practitioners should Justice of the Appellate Division, also select a location that is private Lawyer Assistance Second Department, Justice Thomas and quiet. Although home offices A. Adams, (Ret.), previously Presiding may be more prone to noise and Program (LAP) Justice of the Appellate Term, Second other environment distractions, such Department and current Judicial as pets, children, doorbells, and Hearing Officer for the Appellate V I R T U A L E V E N T S C A L E N D A R construction, commercial offices are Division, Second Department’s Civil not immune. Phones and chatter can Appeals Management Program be distracting as well. If practitioners UN/UNDEREMPLOYED (“CAMP”), and Paul Kenny, Chief foresee an unavoidable issue, they Clerk of the Appellate Term, Second GROUP should consider alerting the Court Department. This informal discussion ahead of time. Justice Austin recalled FIRST TUESDAY OF EVERY provided practitioners with a special a situation where a practitioner MONTH AT 6:00 PM opportunity to get to know the panel contacted the Court because she and for the panel to provide insight as Share professional struggles planned to conduct virtual argument to proper virtual court etiquette. The during this difficult time and from her home office but learned program, titled “May It Please the receive guidance from that extensive construction would Court . . . Remotely — Best Practices commence later in the morning. In colleagues in a safe space. for Virtual Oral Arguments,” is that instance, the Court was able to available for NCBA members to view arrange to hear her client’s appeal on demand for CLE credit. MINDFULNESS first before the construction was In sharing their virtual Court MONDAYS scheduled to begin. experiences, the panel discussed two The panel reminded the bar that overarching concerns practitioners SECOND MONDAY OF virtual argument and conferences, should be mindful of when appearing EVERY MONTH AT 6:00 PM including CAMP conferences, are virtually: (1) reducing the loss of still formal court appearances and, personal connection caused by Mindfulness is a proven therefore, require the same level of virtual platform limitations, such as technique in the elimination professionalism and decorum as in the environmental distractions, technical of stress, anxiety, and traditional courtroom. To this end, glitches and transmission delays; and depression. Join us as we attorneys must conduct themselves in (2) maintaining the same level of explore a variety of the same manner as they would in a professionalism, decorum and respect mindfulness techniques. traditional courtroom. This includes, found in the traditional courtroom. dressing in appropriate business A key to improving the attire, just as if they were attending connection between the Court Court in person. For example, T O R E G I S T E R , C O N T A C T B E T H E C K H A R D T A T and the practitioner during virtual practitioners should not take off their appearances is adequate preparation. E E C K H A R D T @ N A S S A U B A R . O R G O R ( 5 1 6 ) 2 9 4 - 6 0 2 2 . ties and jacket upon completing their The panel stressed that the Court 6 June 2021 Nassau Lawyer Loss of Legal Scholar: In Memoriam—Judge Paul G. Feinman

the legal profession, both so that they can confirmation hearing when Judge Feinman important it is to have LGBTQ professionals bring additional context to the body of law was officially confirmed as an Associate in the courtroom and specifically on the we all rely on and so they can serve as role Justice of the Court of Appeals. His bench. Professionals who identify as LGBTQ models for those considering and entering humility, warmth, wit, and keen intellect are able to use their lens to make decisions the profession. are apparent in that presentation before the that will serve to protect this marginalized We mourn the untimely passing of Judge Senate.” She further commented that at community. Having LGBTQ professionals Paul G. Feinman (only 61), one of the his confirmation hearing before the State who are in a position to truly make a Associate Judges of the Court of Appeals, Senate, Justice Feinman was questioned difference, including but not limited to Photo By: New York State Bar Association who ascended to the Court in June 2017, about the appropriateness of his filling the teachers, nurses, attorneys, and judges, is Concetta Spirio, Martha Krisel, Charlie Arrowood, after being nominated by Governor Andrew vacancy caused by the death of Judge Sheila crucial in our society’s quest to progress Elizabeth Vaz, and Jess A. Bunshaft Cuomo. Judge Feinman was the first openly Abdus-Salaam. Judge Feinman responded: socially. Equally as important is that those gay Associate Judge of the N.Y.S. Court of “Certainly my entire career has been about professionals are especially supported; that riginally this article was planned Appeals. promoting equal access and equal justice is what organizations like the International as a tribute to Judge Feinman Born and raised on Long Island, we were for all, and I hope to add to the diversity of Association of LGBTQ Judges do. Creating in recognition of his service proud and fortunate to not only have had perspectives that the Court considers.” Judge and supporting these organizations is of the Oand ignited by his sudden retirement another Long Islander reach high levels in Feinman never lost sight of the importance utmost importance. from the Court of Appeals. Needless to the judiciary, but for him to ascend to our of adding diverse voices to the Bench. In 2018, Albany Law School published say, it was a tragic shock to hear of his Court of Appeals, not only as an esteemed Judge Kelley recounted how, shortly a law review article with a comprehensive unexpected passing, only eight (8) days Jurist, but as the first openly gay and after his appointment, she reached out to history1 of Judge Feinman’s impact on after the announcement of his retirement LGBTQ representative and voice has made Judge Feinman on a whim to invite him the judicial system. Concluding that Judge for health reasons. This article, intended us even more proud. to the Suffolk County Court Pride Event Feinman’s short but prolific writings on the to be about his early retirement, is now an Chief Judge DiFiore said that, “Judge commemorating the 50th Anniversary Court of Appeals demonstrated a “pro- article in memoriam. Feinman is an exceptional Judge and a of Stonewall. She was surprised that he plaintiff leaning,” the author noted that This is an incredible loss for the entire magnificent human being, who has made answered his own phone in chambers. She this was consistent with Judge Feinman’s legal community and especially for the extraordinary contributions to the Court of related that he was personable, humble, and Appellate Division decisions. The author LGBTQ community, who has lost an avid Appeals during his tenure and that he will be approachable, and that he did not hesitate in further noted that Judge Feinman – as a very advocate and voice, not only to the public greatly missed.” We echo that sentiment and accepting the offer to speak. Judge Feinman new Court of Appeals Judge – was not at all but from the bench. As many know, Judge are sorry that his voice and a voice for the graced the community with his presence, reluctant to dissent, and that Judge Feinman Feinman was an incredible legal scholar, LGBTQ community will no longer be on and attendees were able to hear his insightful tended to agree with Judge Jenny Rivera in jurist, and LGBTQ voice from the Court the bench. review of the history of LGBT cases decided his decisions. of Appeals bench. It is critically important Suffolk County Supreme Court Justice by the Court of Appeals. He was so friendly In what seems to be the last decision to have the perspectives and experiences of Chris Ann Kelley shared that she “recall[s] to the members of the committee, and written by Judge Feinman,2 his crisp and LGBTQ people represented at all levels of watching the New York State Senate throughout his career served as a role model precise writing is apparent. Addressing a and mentor to many lawyers and judges. relatively obscure legal issue, Judge Feinman Judge Feinman was an active member reversed the trial court and the Appellate LAW YOU SHOULD KNOW and past president of the International Division. Holding that the plaintiff was On 90.3 FM WHPC Association of LGBTQ Judges, a unique not liable to the Village, Justice Feinman Hosted by Kenneth J. Landau, Esq. association that supports LGBTQ + Jurists did not limit his review to New York State Celebrating 30 Years! on the bench. As a tribute to Judge Feinman, we would be remiss not to express how For Voicestream or PODCAST go to www.NCCradio.org See MEMORIAM, Page 16 Concetta G. Spirio has parent of two and graduate of Tulane University (B.A. Wednesday, June 9, 2021 been a true general History, 2009) and New York Law School (2013). They Minimizing Conflict When You Handle An Estate practitioner attorney are accessible via email at [email protected]. at 3:00 PM with a diverse practice on Long Island for over Wednesday, June 16, 2021 30 years. She is an Cyber Security Tips for Law Firms experienced divorce Liz Vaz is a dedicated at 3:00 PM attorney, trained mediator, Collaborative divorce and a collaborative attorney and family Wednesday, June 23, 2021 trained attorney, resolving mediator. Liz focuses Preparing a Guide for Your Clients' Family for planning Their Estate marriage issues and on assisting anyone at 3:00 PM conflicts of all types who is thinking about a divorce or separation Wednesday, June 30, 2021 . and wants to do so in How to Tell If Your Clients' Spouse is a Financial Bully (In a Divorce) a dignified and mature at 3:00 PM Martha Krisel is Executive manner, confidentially, Director of the Nassau affordably, and completely Wednesday, July 7, 2021 County Civil Service outside of court. Liz is the How Lawyers Can Use Hypnosis to Relax Commission. She is also a founder of the Long Island former NCBA President and Collaborative Divorce Professionals, Inc., she is the at 3:00 PM currently Chair of the NCBA current President of the National Organization for COVID-19 Committee. Ms. Women (NOW) of Mid-Suffolk and she has been an Krisel can be reached at active ally within the LGBTQIA+ community all of her POPULAR PODCASTS INCLUDE (516) 572-1117. life. Be Less Boring In Your Writing and Marketing Improve Your Negotiation Skills Jess A. Bunshaft is a Legal Issues When Dating & Mating Over 65 mediator and arbitrator Charlie Arrowood is and serves as Co-Chair the Chair of the LGBTQ with Hon. Marilyn GUESTS WANTED Committee of the Genoa of the NCBA Nassau County Bar Alternative Dispute Contact us at [email protected] if you would like to discuss an Association and a Resolution Committee. interesting/important aspect of the law. member of the National They are partners in Trans Bar Association. Synergist Mediation, an They are Of Counsel to ADR practice providing the Transgender Legal mediation, arbitration CLE OFFERED Defense and Education & corporate ombuds *You can earn CLE by listening to broadcast, podcast (or purchasing CDs) Fund’s Name Change services. of these shows. Check with the Nassau Academy of Law for details. Project, and in their private practice they provide Visit www.nassaubar.org or call (516) 747-4464. transition-related direct services to transgender individuals. Charlie is a Nassau Lawyer June 2021 7 FOCUS:FOCUS: A Venue to Arbitrate Attorney Fee Disputes ADRXXXXXX XXX XXXXXXX

a settlement. If this is unsuccessful, the on a tangent so as to focus that witness in allegations of misconduct or “padded” hearing will proceed. At the hearing, the a direction that becomes productive for bills were the topic of prior conversations, parties involved may represent themselves the purposes of the hearing. but the attorney failed to confirm the or may appear with an attorney. Award advice or the client’s instructions. Failure by any party to appear at a The Committee also sees situations hearing, unless excused by the Chair, Within ten days after the hearing, a created by attorneys who failed to send may result in a default granted in favor decision is issued. Where a Complainant the client itemized statements of account of the other party. While the arbitrators refuses to pay an attorney who is awarded may consider the hearing on the papers a fee or where a Respondent refuses See ARBITRATION, Page 23 submitted by the absent party, the to abide by an award and return a fee Sanford Strenger is a arbitrators are not bound by those papers. to a former client the decision may be partner in Salamon. Henry E. Rakowski and Sanford Strenger The arbitrators may rule in favor of either Gruber, Blaymore & converted into a judgement under the Strenger, P.C where party notwithstanding a failure on the CPLR as an award in an arbitration. he concentrates in Arbitration Under Part 137 part of any party to appear at a hearing, Unlike a fee dispute proceeding under commercial, corporate, and real estate law and ince the promulgation of Part based upon whether the evidence that is Part 137 of the Uniform Court Rules, litigation. Mr. Strenger is 137 of the Rules of the Chief presented meets the burden of proof. there is no de novo right to set aside the Vice President of the NCBA, a former chair of the NCBA Administrative Judge of the New Burden of Proof decision of the Conciliation Panel, nor is Conciliation Committee, an SYork State Unified Court System (22 arbitrator for the Supreme there a procedure to appeal the decision NYCRR § 137 et seq.), which created the Attorneys appearing in an arbitration to the Conciliation Committee. Court, Nassau County, before the Conciliation Committee have Fee Dispute Part, and a New York State Fee Dispute Resolution Mediator for the New York Program (eff. June 1, 2001), an attorney the burden to demonstrate that the fee Preventing Fee Disputes State Court System. cannot initiate litigation to recover a charged is not excessive and is reasonable Generally, a client’s allegations of fee of more than $1,000 or less than under the scope of representation and unethical conduct or malpractice are $50,000 in all matters, except criminal services provided. Clients appearing the result of the attorney’s failure to Henry E. Rakowski has a before the Conciliation Committee practice focusing on the matters, without first giving the client the communicate effectively with the client, to enforcement of money required notice of the client’s right under have a burden to demonstrate that the return telephone calls and to write letters judgments and the services provided were outside the scope enforcement of creditor’s Part 137 to arbitration of the disputed confirming advice given during meetings rights. He is a former chair fee. In Nassau County, the “arbitral of representation or excessive. Rule 1.5 or telephone calls. Therefore, attorneys of the NCBA Conciliation of the Professional Conduct Rules and body” (Sec.137.04) is the Nassau County are strongly urged to communicate why Committee and is an case law prescribes the considerations arbitrator for the Supreme Supreme Court Fee Dispute Part. their work is necessary to protect the Court, Nassau County, Fee for the determination. For example, an client’s rights. Also, attorneys are strongly Dispute Part. NCBA Conciliation Committee attorney charging (in whole or in part) urged to write letters memorializing their Prior to the advent of Part 137, the a contingency fee in a criminal matter advice and their client’s instructions. NCBA Conciliation Committee was (Rule 1.5(d)(1)) may discover that the Often, the very subject of a client’s the primary venue for resolving a fee entire fee charged, as a matter of law, is dispute in an efficient cost-effective unreasonable and unenforceable.1 manner. Today, the NCBA Conciliation Conduct at the Hearing Committee provides a venue to arbitrate fee disputes that are not governed by the First, the Complainant (in most New York State Fee Dispute Resolution instances the Client) has a turn at CONNECT WITH Program because they involve fees under explaining the facts of the dispute. Upon $1,000 or over $50,000, or because they the completion of the Complainant’s arise from criminal matters, regardless case, the Respondent may ask questions of the amount. In addition, the parties of the Complainant. At the conclusion THE NCBA ON can select the Conciliation Committee to of the Complainant’s presentation of his be the body that arbitrates a fee dispute, or her case, the Respondent takes a turn regardless of the amount in question, at explaining the facts as the Respondent by a well drafted and jointly signed sees them. The arbitrators are free to retainer letter, as an alternative venue to ask questions of the Complainant or SOCIAL MEDIA the Nassau County Supreme Court Fee the Respondent at any point during the Dispute Part. hearing, even if it is out of turn. Sometimes a client will respond to an The conduct of the hearing is For the latest updates on COVID-19 attorney’s attempt to get paid by filing a informal, and the rules of evidence do complaint with the Grievance Committee. not apply. The parties are not sworn Where the Grievance Committee in and transcripts are not permitted. the NCBA, and court information, concludes that the dispute is primarily Any allegations or testimony that is in the nature of a legal fee, it will refer insulting, inflammatory, provocative connect with us on social media. the dispute to the NCBA Conciliation and/or otherwise irrelevant to the issues Committee (or to the Supreme Court Fee legitimately before the panel will not be Dispute Part if it has jurisdiction). permitted. The Chair or Cochair present at the hearing has the unilateral right Committee’s Hearings at the NCBA to terminate a hearing early or to eject The hearing is conducted by a panel any person from the hearing room to Nassau County Bar Association of attorneys and a Chairperson, who is protect the civility and decorum of the also an attorney. The attorneys sitting as proceedings. arbitrators are all members of the Nassau Given the fact that several hearings County Bar Association Conciliation are typically scheduled back-to-back in Committee and serve on these panels half hour intervals, there is a limit that voluntarily. They will have familiarized is usually observed as to the length of themselves with the facts of the dispute the hearing. Arbitrators typically try @nassaucountybar_association based upon the materials supplied by the to avoid testimony that is repetitive of Complainant and Respondent. All parties matters already addressed in the written will have an opportunity to meet with the materials submitted by the parties prior to Chair or Vice-Chair of the Committee the hearing. The arbitrators may guide prior to the hearing to try to negotiate testimony of a witness that has gone off 8 June 2021 Nassau Lawyer FOCUS: Trade Secrets for the General Practitioner INTELLECTUAL PROPERTY

the DTSA claim, in analyzing whether purpose of reporting or investigating a the information the person knows;” or protection is available under DTSA.7 suspected violation of law;” or is made (ii) otherwise conflict with applicable Misappropriation of trade secrets in a complaint or other document state law prohibiting restraints on the pursuant to New York law requires the filed under seal in a lawsuit or other practice of a lawful profession, trade, trade secret owner to establish that the proceeding.17 or business. An injunction may require defendant used the trade secret owner’s Under New York law, the appropriate affirmative actions to trade secret in breach of an agreement, remedies available for a trade secret protect the trade secret.25 confidential relationship or duty, or as a misappropriation claim are damages In lieu of damages measured by result of discovery by improper means.8 and an injunction. Under the federal other methods, the court under the Frederick J. Dorchak Misappropriation of trade secrets DTSA, the remedies are damages, federal DTSA may award the damages The common law of the State of pursuant to the federal DTSA requires exemplary (double) damages, attorney caused by the misappropriation the trade secret owner to establish fees, injunction, reasonable royalty, and New York provides protection for trade measured by a reasonable royalty for an unconsented disclosure or use of civil seizure prior to a formal finding of secrets. the misappropriator’s unauthorized the trade secret by one who (i) used misappropriation. 26 Most states provide protection by disclosure or use of the trade secret. improper means to acquire knowledge Damages under New York law must statute under the Uniform Trade In “exceptional circumstances that of the secret, or (ii) at the time of the be measured by the losses incurred by render an injunction inequitable,” the Secrets Act. In 2016, the Defend Trade disclosure or use, knew or had reason to the trade secret owner and includes court may condition “future use of Secrets Act of 2016, (DTSA)1 added, know that the trade secret was acquired the loss of competitive advantage over the trade secret upon payment of a without preempting state law,2 federal through improper means, under others by virtue of its exclusive access to reasonable royalty for no longer than protection for misappropriations of circumstances giving rise to a duty to the secret.18 the period of time for which such use trade secrets that occur on or after May maintain the secrecy of the trade secret, Where disclosure of a trade could have been prohibited.”27 11, 2016 or that began before May 11, or derived from or through a person secret has destroyed the trade secret Civil seizure under the federal DTSA 2016 and continued thereafter.3 who owed such a duty.9 owner’s competitive edge by virtue is a remedy prior to a formal finding of Justification for providing trade secret The DTSA’s definition of “improper of its exclusive access to the secret, misappropriation in which the court, protection is based on protection against means” (A) includes “theft, bribery, the plaintiff’s cost of developing the on ex parte application by a trade unfair competition or enforcement of misrepresentation, breach or product may be the best evidence of secret owner based on an affidavit or contractual obligations. Generally, a inducement of a breach of a duty to the value that the trade secret owner verified complaint, may “issue an order trade secret protects secret formulas, maintain secrecy, or espionage through placed on the secret.19 The trade providing for the seizure of property know-how, compilations, and electronic or other means;” and (B) secret misappropriator’s unjust gains necessary to prevent the propagation or techniques. The definition under does not include “reverse engineering, or avoided costs are not recoverable dissemination of the trade secret that is the federal DTSA statute is broad independent derivation, or any other as damages unless the trade secret the subject of the action.”28 and includes technical information, lawful means of acquisition.”10 Trade owner’s actual losses cannot be traced Civil seizure under the federal DTSA including “processes, procedures, Secret Protection generally lasts until with even approximate precision and requires a showing that it clearly programs, or codes” if “(A) the the secret becomes public knowledge. some approximate causal relation of appears from specific facts that: (i) owner thereof has taken reasonable Under New York law, a claim for correspondence is established between an order pursuant to Rule 65 of the measures to keep such information misappropriation of trade secrets the misappropriator’s gains and those Federal Rules of Civil Procedure secret; and (B) the information derives “accrues either when defendant diverted from the trade secret owner.20 or other equitable relief would be independent economic value . . . from discloses the trade secret or when he Under the federal DTSA, following inadequate; (ii) Plaintiff will suffer an not being generally known . . . [or] 11 first makes use of plaintiff’s ideas.” a finding of misappropriation, a court immediate and irreparable injury if readily ascertainable . . . [to] another The date of accrual may be extended may award: (i) damages for actual loss seizure is not ordered; (iii) the harm to person who can obtain economic under the continuing tort doctrine caused by the misappropriation of Plaintiff from denying the seizure order value from the disclosure or use of the where the “defendant has kept a secret the trade secret; and (ii) damages for 4 outweighs the harm the Defendant information.” confidential but continued to use it any unjust enrichment caused by the may suffer to its legitimate interests and The definition under New York for commercial advantage.” Where, misappropriation of the trade secret substantially outweighs the harm to common law uses section 757, comment however, the defendant discloses the that is not addressed in computing any third parties who may be harmed b, of the Restatement of Torts (1939): secrets revealed to him, there can be no damages for actual loss.21 by such seizure; (iv) Plaintiff is likely “any formula, pattern, device or continuing tort of unlawful use.12 Where the trade secret is “willfully to succeed in showing that Defendant compilation of information which is Under the federal DTSA, a claim and maliciously misappropriated,” a took through improper means or used in one’s business, and which gives for misappropriation of trade secrets court may award exemplary damages conspired to use improper means to [the business] an opportunity to obtain begins to accrue when the act of under the federal DTSA of not more misappropriate the trade secret; (v) an advantage over competitors who do misappropriation “is discovered or by than two times the damages amount 5 Defendant has issued actual possession not know or use it.” In deciding a the exercise of reasonable diligence already awarded.22 A court may of the trade secret and any property to trade secret claim, the following factors should have been discovered.”13 also award attorney fees under the be seized; (vi) the application describes are considered: Under New York law, the statute federal DTSA where the claim of with reasonable particularity the 1. The extent to which the of limitations for a trade secret misappropriation was made in bad property to be seized and, to the extent information is known outside of misappropriation claim is three years faith, or where a motion to terminate reasonable under the circumstances, the business; from misappropriation.14 Under an injunction is made or opposed property’s location; (vii) if given notice 2. The extent to which it is known the federal DTSA, the statute of in bad faith, or where the trade prior to seizure, Defendant, or persons by employees and others involved in limitations is three years from the date secret was willfully and maliciously acting in concert with Defendant, would business; the misappropriation was discovered misappropriated.23 The trade secret destroy, move, hide, or otherwise make 3. The extent of measures taken by to or should have been discovered. A owner must have advised its employees such property inaccessible to the court; guard the secrecy of the information; continuing misappropriation constitutes of the existence of the whistleblower and (viii) Plaintiff has not publicized the 4. The value of the information to a single claim of misappropriation.15 immunity in order to obtain exemplary and competitors; The parties may agree to a shorter damages and attorney fees.24 See TRADE SECRETS, Page 24 16 5. The amount of effort or money limitations period. The federal DTSA allows a court Frederick J. Dorchak is a expended by in developing the The federal DTSA includes a safe to grant an injunction to prevent any Principal in the Intellectual information; and harbor for whistleblower employees actual or threatened misappropriation, Property Law Firm of Collard & Roe, P.C., Roslyn, 6. The ease or difficulty with which that provides for immunity from any provided the injunction does not (i) and chair of the NCBA the information could be properly criminal or civil liability under any “prevent a person from entering into Intellectual Property Law acquired or duplicated by others.6 federal or state trade secret law for an employment relationship,” and Committee. Courts applying the federal DTSA the disclosure of a trade secret that that conditions placed on employment generally look to state law, typically the is made in confidence to an attorney are based on “evidence of threatened law of the state law claim joined with or government official “solely for the misappropriation and not merely on Nassau Lawyer June 2021 9 FOCUS: Why Junior Lawyers Should Consider ADR Becoming Mediators actively changing legal landscape, remedying a past harm. Conversely, be problem solvers, sharp critical becoming a mediator is an attractive mediation is forward focused on thinkers, and conceptualize issues path for attorneys early on in their the big picture; the goal is to find from various angles. Mediators should careers. a mutually beneficial outcome and also be naturally empathetic, intuitive, Mediation Benefits for Practitioners leave the process with two “winners” and self-reflective. Mediators must be moving on. self-aware so that they can ensure they Mediation has become popular Parties often select a mediator by are not harboring any personal biases and attractive to parties because it is reputation and through word-of- or other factors that may impact an economic and efficient resolution mouth. There is a difference between their ability to remain objective. vehicle. Additionally, private sector James G. Ryan and Elizabeth Usinger even a good and a great mediator that Attorneys can greatly benefit from this litigators have been seeing less court parties can recognize during and after intersection of logic and emotional here has been an undeniable time over the past several decades their resolution experience. Talented discipline required to be a good change in the legal landscape since parties enter mediation and mediators are rewarded by referrals, mediator. over the past few decades. often settle cases before trial. As a growing their professional networks. During a mediation, the mediator TNotably, alternative dispute result, to gain trial experience and Becoming an attorney-mediator allows must maintain various levels of resolution (“ADR”) is gaining harness oral advocacy skills, aspiring junior legal professionals to develop alertness. Mediators must be alert not momentum as a means of resolving litigators are being encouraged to a reputation within the profession. only to what the party says but also disputes both before and after enter the public sector. However, a Likewise, mediators meet and engage how it is said and the accompanying litigation has commenced. The ascent courtroom should not be the only with many different attorneys across body language to assess the party’s of ADR is largely attributed to the arena for new attorneys to obtain firms and practice groups. Developing mood, degree of cooperation, and overburdened court system and advocacy experience. a strong reputation and building truthfulness. Simultaneously, a the perception that ADR imposes Almost any civil dispute is amenable professional connections is both an mediator must concentrate on the fewer costs than litigation. Further, to mediation.2 Personal injury asset to the individual as well as his or content of the information being parties prefer the confidentiality resulting from automobile and other her firm. provided for value and veracity. ADR provides as well as the ability accidents, medical malpractice, The contentious nature of Alertness is also required on behalf of to exercise more control over who product liability, partnership and litigation coupled with its lengthy the mediator so he or she knows when will decide their dispute. The corporation dissolutions, employment process can be both emotionally and a party needs a break or when to press flexibility and speed of proceedings disputes, and domestic relations economically damaging for clients. a party harder. and potential fee savings, along with are only a handful of the types of Obvious examples include those that Similar to an attorney trying arguably a less stressful forum, all cases that can be resolved through include a workplace dispute such to build trust with a current or a make ADR an attractive option for mediation, illustrating just how viable as a discrimination case or a family prospective client, a mediator needs many. of a resolution it is for many party conflict such as a divorce.4 A skilled to have patience and tact in order Additionally, there has been a shift disputes. The wide variety of cases mediator can really make a difference to create and maintain rapport in the practice of law when it comes that land3 in front of mediators in curbing the client experience on between himself and the parties. to the use of technology. provides exposure to many areas of both sides of disputes such as these. Failing to establish rapport with Many lawyers have resisted using the law, which itself should be noted Creating this space for parties to work both parties may detract from the the many advancements in technology as a benefit to attorney-mediators. together to come up with what they success of the mediation process. If despite the pervasive role it plays in This exposure may also lend itself to deem to be a fair solution is rewarding a mediator were to be impatient, it day-to-day life. However, the legal developing a certain specialty within for mediators. The stress of litigation could cause a party to lose respect profession has been forced to rapidly the law, either through mediator does not simply rest its weight on the for the mediator, in turn reducing his modernize over the past year as courts services or through a specific area of client but can bog down the respective effectiveness or encourage a difficult and offices shut down in-person law in legal practice, or both. attorneys as well. Being a mediator party stalemate to end the mediation. operations due to the pandemic. ADR provides an additional and then becomes a very emotionally Part of establishing this rapport is While transitioning to electronic different platform for attorneys to rewarding experience for attorney- maintaining credibility. A mediator courtrooms may have seemed foreign advocate on behalf of their clients. mediators and provides a nice change must be able to clearly articulate to many seasoned attorneys, in the Augmenting one’s professional of pace. In a field that routinely complex situations and concepts and ADR faction of the profession, face- training to better represent clients garners attention for poor mental present herself in a believable and to-face resolution had already begun in a mediation setting needs to health, emphasis should be put on consistent manner much like a trial to shift to online resolution prior to become part of legal education and opportunities that present positive attorney. the pandemic.1 ADR has remained should continue to be fostered at mental and emotional outcomes. The Being a mediator requires an ahead of the curve and there is no the outset of an associate’s career. balance that comes with being an exceptional level of adaptability.6 indication that it will decline in As mediators, attorneys hone the attorney-mediator is a benefit that Mediators need to adapt to the popularity moving forward. In fact, same communication skills suited should not be overlooked. many personalities which they will quite the opposite. As court dockets encounter. Not to mention, the varied for oral advocacy, gain exposure to Transferable Skills/Enhancing remain bogged down, litigation types of locations, operational tempos, various areas of law, and interact with Emotional Intelligence costs continue to rise, and electronic countless other attorneys. The rise and operational environments. lawyering becomes the norm, the in mediation has changed how law is Since a mediator does not decide Mediators should try to imagine preference of ADR will likely practiced and the momentum of this the outcome of a dispute like a themselves in the party’s position. continue to rise. change should motivate attorneys to judge or jury, the mediator must With any shift, regardless of become mediators early on to give create a space in which parties can the industry or profession, comes themselves, and their clients, a greater come together, discuss the problem, See MEDIATION , Page 25 adaptation. While attorneys should advantage. and propose their own solutions. James G. Ryan is the become familiar with ADR practices A good mediator can coax people chair of the Litigation and engage in appropriate training, Mediation Benefits for Participants out of corners and open lines Department at Cullen and Dykman LLP newly admitted attorneys should Aside from being potentially more of communication that seemed and has served as a strongly consider becoming mediators. affordable and less time-consuming sealed for good.5 This is an art and mediator for over 20 years. Elizabeth Usinger, While mediation has been thought than litigation, mediation is far requires a very transferable set of a commercial litigator, of as a career path for nonlawyers less adversarial. The nature and skills. Mediators must be masters is a member of the firm’s or very experienced lawyers and structure of a traditional proceeding of communication by knowing Banking Department. Jim and Elizabeth retired judges, a junior lawyer can, is organically more combative since at how to read people, manage their thank Joelle Pisani, an and should, invest his or her time in the end there is objectively a winner own emotions, diffuse tension, and associate with the firm, for her assistance with mediation training. Aside from being and a loser. Further, the litigation facilitate discussion. Like traditionally this article. able to better assist clients amidst the scope is arguably narrowly focused on trained lawyers, mediators must 10 June 2021 Nassau Lawyer FOCUS: Recent Amendments to Federal Rules of XXXXXXFEDERAL XXX COURTS XXXXXXX Procedure

Rule 35(b)(2). Appellate Rule 40(b)(3) requirement of proportionality. Rather, over the scope of 30(b)(6) witness was amended to similarly limit responses the amendment references Rule 9016, testimony. 5 to petitions for rehearing. which adopts the limits in Federal But what must we do to “confer in Unsurprisingly, the ambiguity about Civil Rule 45, which in subsection (d) good faith?” The amendment does the word limit on these responses protects responding parties from “undue not expressly require us to “meet and generated no case law. Nevertheless, burden.” confer,” as local rules often direct the amendment will give counsel some Bankruptcy Rule 8012, which under Federal Civil Rule 26.6 One clarification. governs corporate disclosure statements, local decision, however, gives us some has been amended to track recently guidance: Christopher J. DelliCarpini Bankruptcy Procedure: Notice, amended Federal Appellate Rule 26.1. “Confer” means to meet, in Subpoenas, Corporate Disclosures, Subsection (a) requires a disclosure person or by telephone, and ffective December 1, 2020, Requests for Relief, and Brief Length amendments to several federal statement from parties, and as amended, make a genuine effort to resolve rules of procedure went into Bankruptcy Rule 2002 has been from nongovernmental corporations the dispute by determining, Eeffect. These amendments were drafted amended to extend to chapter 13 cases who seek to intervene in a proceeding. A without regard to technical by the Judicial Conference of the United the notice requirements that apply to new subsection (b) requires the debtor, interpretation of the language States after public comment and then proceedings under chapter 9, 11, and trustee, or appellant to file a statement of a request, (a) what the submitted to the United States Supreme 12. Also known as a wage earner’s plan, identifying each debtor not named in the requesting party is actually Court for adoption. While some of chapter 13 proceedings let individuals caption and, for each corporate debtor seeking, (b) what the discovering the amendments may seem little more with regular income develop a plan to to disclose the information required by party is reasonably capable of than housecleaning, others respond to repay all or part of their debts. Amended subsection (a). producing that is responsive to important developments in civil and Rule 2002(f)(7) requires the clerk to give Bankruptcy Rule 8013(a)(1) is the request, and (c) what specific criminal litigation. notice of entry of an order confirming a amended to delete reference to proof genuine issues, if any, cannot chapter 13 plan.1 Amended Rule 2002(h) of service. This reflects the recent be resolved without judicial Appellate Procedure: Petition extends the notice exception with respect amendment of Rule 8011(d), which intervention. 7 Responses to creditors who fail to timely file a proof eliminated the requirement of proof of The court was speaking in the The amendments to the Rules of of claim, and amended Rule 2002(k) service in electronic filing. Indeed, one context of Federal Civil Rule 37. If Appellate Procedure clarify filing limits extends the requirement for transmitting of the welcome changes with e-filing one would argue that Rule 30 requires on responses to certain petitions. Under notice to the United States Trustee. generally is the virtual elimination of the something less, however, then it would be 2 amended Appellate Rule 35(e), Bankruptcy Rule 2004(c) has affidavit of service. disregarding the purpose of the rules, “to responses to petitions for en banc been amended to expressly permit the Bankruptcy Rule 8015(g), which secure the just, speedy, and inexpensive determinations are limited to 3900 subpoenaing of electronically stored enumerates the sections of briefs determination of every action and words, as are petitions themselves, under information, but imposes no express excluded from the word limit for proceeding.” 8 appellate briefs, is amended to bring the The committee note on this rule for bankruptcy appeals in line with amendment further suggested what Appellate Rule 32(f). these conferences might accomplish. Bankruptcy Rule 8021(d), which It contemplated “candid exchanges” covers costs in appeals, deletes reference about what the subpoenaing party seeks to proof of service, again to conform and who might best testify about those with Rule 8011(d). matters, as well as “ ‘process’ issues, LOWER COST Civil Procedure: Confer in Good Faith such as the timing and location of the on Corporate Depositions deposition, the number of witnesses and the matters on which each witness will MEDIATION AND Only Civil Rule 30(b)(6) has been testify.”9 The note even suggests serving amended, to require parties to confer in a draft of topics for deposition, with ARBITRATION good faith over corporate depositions. counsel even going back-and-forth on This single amendment, however, could the list. The note concedes, however, that lead to significant changes in discovery, “the amendment does not require the hopefully for the better. parties to reach agreement,” and that The Judicial Conference considered Through the Nassau County Bar Association parties may ultimately need guidance a host of possible requirements to add from the court. to the rule, but in the end settled on Expeditious, time-saving, and cost-effective solutions a general duty to confer.3 The main Rules of Evidence: Notice to Criminal Defendants of Bad Acts Evidence to resolve disputes that might otherwise be litigated amended language reads: “Before or promptly after the in court Federal Evidence Rule 404(b) has notice or subpoena is served, returned to the title phrase “other crimes, the serving party and the wrongs, or acts,” and been amended Availab le to the public as well as to all legal organization must confer in in subsection (b)(3) to ensure notice to professionals good faith about the matters for criminal defendants when prosecutors examination. A subpoena must intend to use evidence of prior bad acts: advise a nonparty organization “In a criminal case, the prosecutor Reasonable fees that are less expensive than other of its duty to confer with the must: alternative dispute resolution providers serving party and to designate each person who will testify.” See FEDERAL, Page 24 Mediators and arbitrators are highly skilled attorneys Note that the subpoena for such Christopher J. DelliCarpini depositions must now include notice of is an attorney with admitted to the New York Bar for a minimum of 10 Sullivan Papain Block this duty to confer. McGrath Coffinas & years, as well as screened and approved by the NCBA The Judicial Conference hoped that Cannavo P.C. in Garden this amendment would address the City, representing Judiciary Committee. plaintiffs in personal problem of “overlong or ambiguously injury matters. He is also For rules, applications, and additional information, worded lists of matters for examination past co-chair of the NCBA and inadequately prepared witnesses.” Publications Committee. please call (516) 747-4070. He can be reached at Indeed, one court has already voiced [email protected]. similar hopes while resolving a dispute Nassau Lawyer June 2021 11 FOCUS: Top Ten Myths About Trademark Law XXXXXXINTELLECTUAL XXX XXXXXXX PROPERTY

NBC, or the sound you hear after whether a particular mark is available misleading results. Specifically, search launching the Netflix app. for use) is determined based on whether engines are flawed because they typically • Product Configuration— a consumer would likely be confused show hits that are relevant based on one’s Product configuration protects into believing that that the products and own search history and/or geographic how the product is shaped, and services offered by one company come area. If you are doing a search in New is difficult to obtain. It requires from the same source as the products and York, you may not learn that there is years of use and promotion (called services of another. a chain of stores operating out of the “acquiring distinctiveness”) to Likelihood of confusion is determined Pacific Northwest. obtain such protection, in addition by a variety of factors. The exact At the USPTO, most people use Sara M. Dorchak to showing that the configuration list varies slightly depending on the the basic search offered through the 6 Everyone thinks they understand what is distinctive and not functional. jurisdiction, and in New York, we refer to Trademark Electronic Search System a trademark is and what it protects. Perhaps the best-known example is them, after the Second Circuit decision, (TESS), which does not reveal all 9 Phrases like “that’s my trademark” when the shape of a Coca-Cola® bottle. as the Polaroid Factors: the possible and, many times, most referring to a repeated catch-phrase show • Color—When color acts as • Strength of the senior user’s mark. relevant hits. For example, a search for how misunderstood this area of the law a source indicator, not as an • Similarity of the marks. “SKIDDLES” shows three hits, all of is, and it is no wonder that many people ornamental feature. Color • Similarity of the products or which are no longer valid. However, believe the stories or myths of trademark. as a source indicator is also services. if you were to file an application for Well, like Jamie and Adam from the difficult to obtain, and requires • Likelihood the senior user will SKIDDLES in connection with candy, that the mark has acquired enter the same market as the then the owner of the SKITTLES Discovery Channel’s Mythbusters, I am 7 here to bust some of the most common distinctiveness. One of the junior user. trademark would likely send you a myths about trademark law! best examples is the shade of • Evidence of actual confusion. “friendly” cease and desist letter. pink used in Owens Corning • Sophistication of the buyers. “I have a federal trademark registration, “My trademark protects my idea, insulation. • Quality of the junior user’s product, or business concept.” so I cannot be challenged.” “I’ve incorporated my business and products or services. It often happens that those who start a • The junior user’s intent in In the United States, trademark rights registered a domain, that means no are based on one’s use of a trademark, business come up with a unique or new one else has the name.” adopting the mark. product or business model, and may even It is a balancing of all these factors that not on whether one has a trademark 12 be the first ones to come up with that The criteria for whether a domain or a helps to determine whether a likelihood registration. Moreover, these “common item or business. These people also tend business name is available is not the same of confusion exists, and, unfortunately, law” trademark rights are enforceable to think that owning a trademark means as whether a trademark is available. The Polaroid does not provide much guidance against others, even those who may have that no one else can sell those products requirement for a domain name is that it on how to weigh each factor. Think of it been able to obtain a registration. In other and services. Unfortunately, that is not the may not be exactly identical to another as using a balance scale in science class, words, a person or company with priority case. domain. There are many websites with where you assign a weight to each factor of use can challenge a junior user’s use, A trademark signifies the origin or the same name, but different endings. based on how likely confusion is in a even if that junior user was able to obtain 13 source of products and services, not the For example:—http://www.lincoln.com scenario. Those weights are then placed a registration. products or services themselves.1 Another —leads to the Ford Motor Company’s on the balance and, if the balance tips, Although a registration does not confer business can offer the same products or website for Lincoln SUVs.—http:// you have confusion. substantive rights, it provides many services, so long as they are not using the www.lincoln.org—leads to the website advantages, not the least of which is for the Lincoln Convention and Visitors “But my mark is different because I that the USPTO will reject any future same or a similar name as another. When added an extra word!” consumers interact with a particular Bureau in Lincoln, Nebraska.—http:// application for the same or similar 14 trademark, they know generally what the www.lincoln.edu—leads to the website Adding an extra word, or some other trademark. Even the existence of a products and services are, the reputation for Lincoln University in Pennsylvania. relatively small difference, does not, in most registration can often be a deterrent, of that company, the quality of those When it comes to trademark usage, cases, avoid confusion. That is because as companies can search the USPTO products and services, the price, and other it is not about what your domain name small differences rarely change the overall website before filing to see if another characteristics. is, but how you use that domain. These impression of a trademark.10 When a party has a registration. three entities each are for completely consumer speaks of a soap brand name “A trademark only applies to logos.” “I want to be so big that my trademark different products and services, but DOVE and they call it “DOVE SOAP,” gets added to the dictionary!” A logo can certainly be a trademark, they all have nearly identical domains. you still think they are referring to the same but so can a word, a phrase, or even a They can coexist because their use of company, even though you added a whole When a trademark is used so sound, product configuration, or color. the domain is completely different from new word to the trademark. frequently that the trademark becomes So long as something is recognized by each other and consumers would never There are some instances where small the generic word for that item, the enough consumers as a source identifier, confuse a Convention Center for a changes can have a bigger impact. For trademark owner will lose all rights 15 it will be considered a trademark.2 For University or a car manufacturer. example, if a trademark is weak because to that mark. If your trademark example: The same is true when it comes to it is descriptive, then smaller differences becomes generic, then anyone can use • Word Mark—Term of art a business name or corporation. In have greater effect because consumers it, including your competitors. Famous used by practitioners to refer New York, you can name your business tend to focus on the non-descriptive examples include ASPIRIN, DRY ICE, to a trademark without any anything you want, so long as your name elements of a trademark, like a logo or a ESCALATOR, TELEPROMPTER, graphical elements.3 Often shown is not identical to the name of unique word or phrase.11 For example, and TRAMPOLINE. To avoid losing capitalized. another business.8 As an example, all of the companies mentioned above protection, trademark owners should • Design Mark—Term of art a search on the New York State (Long Island Asthma) all have very educate their consumers so that they no used by practitioners to indicate a Department of State Corporation similar and weak names. If each of them longer use the trademark generically — trademark that includes a graphical & Business Entity Database for any has their own unique logos, consumers See TRADEMARK Page 24 element.4 The trademark can be a company beginning with the phrase will focus on that element rather than graphical representation alone or LONG ISLAND returns the following: on the common elements between the Sara M. Dorchak is an contain words. · LONG ISLAND ALLERGY & Associate Attorney at different business names. Collard & Roe, P.C., Roslyn, • Sound—Jingles, tones, any of ASTHMA CARE, PLLC Adjunct Professor at St. these things can act as a trademark. · LONG ISLAND ALLERGY AND “I am safe because a search on Google John’s University School of and the USPTO website found nothing.” Law, and Vice-Chair of the When people hear these sounds, ASTHMA SOCIETY, INC. NCBA Intellectual Property they immediately associate with · LONG ISLAND ALLERGY AND It is because most people do not Law Committee a particular company and its ASTHMA, P.C. know or understand how likelihood of products and services.5 Examples Trademark law, however, is more confusion works that often quick searches include the three chimes by nuanced. Trademark infringement (and on Google or the USPTO website yield 12 June 2021 Nassau Lawyer FOCUS: Remembering a Mentor and Role Model XXXXXX XXX XXXXXXX

law they are unfamiliar with is to begin by to work such grueling hours, Arthur sticky situation in my legal practice, I locating a Spatt decision on the subject, would respond, “I guess it just takes me ask myself, “what would Arthur do?” (or for it will no doubt contain a weighty and longer than some of my colleagues to do “WWAD” for short). But this is nothing thorough discussion of past precedent and the job.” Certainly untrue, but entirely new; I have been engaging in this exercise a survey of the state of the law. reflective of the way Arthur viewed his ever since I started practicing law. Law is a Most Noble Profession role in the community. The reach of Arthur’s impact was not His respect for all also permeated the limited to those nearest to him. Over Arthur believed strongly that the way that Arthur approached his docket. the last year, it has been amazing how practice of law is a most honorable While some judges will recount their many attorneys have spoken about their Russell L. Penzer profession and that all lawyers should most newsworthy or “sexy” cases, if you close relationship with him and how he act and treat each other with integrity ever asked Arthur if he was working on was a mentor to them as well. Nothing consider myself incredibly fortunate and respect. A lack of civility was an interesting case, he would respond makes me happier than hearing this, that my greatest mentor as a lawyer something that he would tolerate from that all of his cases were interesting. He both because it always brings me fond was also a role model, father figure, counsel no more than he would a lack of would then go on about how blessed remembrances of Arthur, and because Ias well as my father-in-law.1 Long preparedness. Where many practitioners, a life in law is because every case is I truly believe that our noble profession before I started dating my wife Celia, especially in federal practice, often believe different and fascinating. would be better if all attorneys were to her father, the Honorable Arthur D. and act as if they are an elite class among And, of course, always on his mind as take a lesson or two from Judge Spatt. Spatt, loomed large in my life. Arthur other lawyers, Arthur believed that all a judge, was that every case—no matter and my mother-in-law Dee were close lawyers are members of the same elite how seemingly unimportant or routine to 1. Not to minimize the true and lasting impact that friends with my parents. Soon after Judge Mishler, who I had the great honor to clerk profession, and expected all lawyers who a bystander—was extremely important Arthur learned that I was interested in for, has had on me, but my relationship with Arthur came before him to act and to treat each to the parties in the case. It is difficult to Spatt was much longer and different from that attending law school, he invited me to other in such a manner. believe that any litigant before him, even between a judge and law clerk. intern in his chambers. Many can attest to Arthur’s engaging the recipients of an adverse decision, ever From that embryonic stage in my Russell L. Penzer is a stories of the great lawyers from history felt that Arthur was uninterested in their Partner in the Litigation career, Arthur took me under his wing — or fiction, from Abraham Lincoln, to case or unwilling to invest the time and Department at Lazer, a welcoming place that I never left. Since Aptheker, Rosella & Yedid, Atticus Finch, to Joseph Welch. And energy necessary to master all the facts his passing, Arthur’s friends, colleagues P.C. He can be reached in the same sitting that he would tell and law needed to reach what he believed at [email protected] or on the bench, former law clerks, as well (631) 761-0848. young attorneys about the feats of these to be the just result. as counsel who appeared before him have I miss Arthur every single day—both come to my wife and me to recount stories legends with whom they shared this noble because of the hole that his passing left in of him and express how he made an profession, he would recount tales of the my family and because I lost my greatest impact on them. Thankfully, I can relate many “white shoe” law firms who had no mentor. Whenever I am faced with a to all of it. interest in hiring him when he graduated As we come upon the one-year from Brooklyn Law School off of his G.I.- anniversary of Arthur’s passing, and the Bill provided education. To Arthur, all courts are opening to more in-person lawyers deserved respect and owed a duty FREE CONFIDENTIAL* proceedings as the pandemic appears to protect and support our venerable legal HELP IS AVAILABLE to be subsiding, it seems fitting to reflect system, no matter what their pedigree, on just a few of the lessons that Arthur area of specialization, or the name on shared with those around him. their office door. The NCBA Lawyer Assistance Program offers professional and peer support to lawyers, judges, law students, and their Hard Work Is the Key All People Deserve Respect immediate family members who are struggling with: The first lesson that those who worked Arthur’s respect for others did not end with Arthur learned is that he believed with members of the bar. He treated strongly that, no matter how smart you everyone with respect. Many of his Alcohol Drugs Gambling Mental Health Problems are or think you are, the key for attorneys family members and friends could recount and judges alike to doing a good job is times when they introduced Arthur to YOU ARE NOT ALONE hard work. His interns learned this by someone who expected to meet an aloof toiling away photocopying judicial slip federal judge, only to find a man who opinions and filing them in Arthur’s vast treated the busboy clearing his table with research room, so that he would be sure the same respect as the judge or scholar not to miss a single authority when he that he dined with the evening before. In dove in to write a decision—something fact, the only time I ever witnessed Arthur that he would typically do on Saturdays raise his voice at an attorney appearing or after a full day on the bench presiding before him was an incident in which word over trials and other proceedings. had gotten back to him that the attorney As his many former law clerks (all of had spoken to his administrative assistant whom he loved dearly) can attest, with in a disrespectful manner when calling extremely limited exception, Arthur’s chambers earlier in the day. Anyone who chambers operated six days a week, and knew Arthur would have known that such (888) 408-6222 long days at that. One conversation that behavior would not be tolerated. his family members had with Arthur While Arthur never stopped being [email protected] annually, when urging him to take a day grateful for the esteemed position to off to relax, always ended with, “I will take which he was appointed, he also never for The NCBA Lawyer Assistance Program is directed by Beth Eckhardt, PhD, and the Lawyer the day off if you can tell me exactly what a second believed that it made him more Assistance Committee is chaired by Henry Kruman, Esq. This program is supported by grants holiday is on the day after Thanksgiving.” important or elevated him to a status from the WE CARE Fund, a part of the Nassau Bar Foundation, the charitable arm of the Nassau County Bar Association, and NYS Office of Court Administration. While Arthur could be a demanding above anyone else. Humility was part *Strict confidentiality protected by § 499 of the Judiciary Law. judge to work for or appear before, of what made Arthur Spatt so special. he always worked just as hard as he By way of example, even as a senior Nassau County Bar Association ncba_lawyersassistance demanded of anyone else—and his judge well into his nineties, when asked Lawyer Assistance Program output reflected such. To this day, a good why, with all his years of service and NASSAUBAR-LAP.ORG tip for attorneys researching an area of experience on the bench he continued 13 June 2021 Nassau Lawyer Nassau Lawyer June 2021 13 FOCUS: Lyndon Johnson and the Paradox of LAWXXXXXX AND AMERICANXXX XXXXXXX CULTURE Legislative Power

it is John Kennedy who is warmly between Robert Kennedy and Johnson discrimination, disenfranchisement, remembered with retrospectives, the was irrefutable. RFK did everything and deprivation. Equality before the reforms of the 1960’s, particularly he could to undermine and humiliate law could no longer be denied, at least when it comes to matters of race, were the vice-president. LBJ had fallen into on paper. the product of Johnson’s efforts. political oblivion. The Civil Rights Act of 1964 The media creates its own reality. In But in one stroke, he became outlawed discrimination based on race, the public’s mind, LBJ came up short the President. LBJ took charge color, religion, sex, and national origin when contrasted with his glamourous immediately, being sworn in aboard in public facilities, interstate commerce, predecessor. The television camera Air Force One. On landing, Johnson and the workplace. Legend has it that Rudy Carmenaty magnified Kennedy’s charm; it failed reached out to members of Congress, the evening the law was signed, LBJ to capture Lyndon Johnson in all his former President Eisenhower, and told an aide, “I think we just delivered Ambition is an uncomfortable complexity. He could never shake the foreign dignitaries. Within a week, the South to the Republican party for a companion many times. He image that he was some shifty, Texas he set up the Warren Commission to long time to come.”8 creates a discontent with present wheeler-dealer. investigate Kennedy’s assassination in That fall Johnson won the presidency surroundings and achievements; The quintessential Washington Dallas. in his own right defeating Barry he is never satisfied but always insider, Johnson had been a fixture On November 27, 1963, LBJ spoke Goldwater with 61% of the popular at the Capitol since the 1930’s. before Congress with the theme of 9 pressing forward to better things vote, winning forty-four states. Congressman, Senator, and Vice- Let Us Continue1. Johnson called for Democrats saw their largest numbers in the future. President, LBJ was a master a civil rights law as a tribute to the in Congress since 1938: the Senate Restless, energetic, purposeful, parliamentarian whose sole focus was fallen president. JFK had previously had a 68–32 majority and the House it is ambition that makes of the politics. As President, he was extremely submitted a bill that June, but it was a 295–140 margin.10 LBJ could now creature a real man. effective in getting his legislative languishing in committee. Johnson was bend Congress to his will. -Lyndon Baines Johnson agenda passed by Congress. determined to succeed where Kennedy The Civil Rights Act of 1964 would LBJ was known for the ‘Johnson had faltered. be followed by the Voting Rights Act treatment,’ his method of cajoling LBJ rose through the ranks of the of 1965, outlawing discriminatory mbitious with an appetite for fellow politicians. Johnson made a Senate currying the favor of the voting practices. The Immigration & power and politics, Lyndon study of each and every legislator. He powerful segregationist Richard Nationality Act of 1965 restructured Baines Johnson was larger than knew their strengths and weaknesses, Russell of Georgia. He now had to the nation’s immigration system, Alife. He achieved more than most men, and did whatever it took to get their cross his old mentor. Russell cautioned eliminating barriers to entry from Asia only to see his life’s work undone by vote. The Johnson treatment revealed “it will not only cost you the South, and Latin America. These laws were a the war in Vietnam. He was dynamic LBJ at his best, at his worst, at his most it will cost you the election.”2 The considerable achievement. and base, inspiring and disappointing, persuasive, all at the same time. White House staff echoed the warning. The Eighty-ninth Congress, the iconic and tragic. LBJ’s story is the As Senate Majority Leader, Johnson Resolute, Johnson declared: “What the Great Society Congress of 1965/1966, American story writ large. served as a de facto prime minister hell is the presidency for.”3 generated Medicare, Medicaid, By every measure, contemporary under President Eisenhower. In the Enacting the civil rights bill in the federal aid to education, and a massive America is largely the product of the annals of the Senate, no leader was House required getting it through the expansion of government transfer laws Johnson enacted. Any honest more adroit at the wielding of political Rules Committee. Johnson was on payments. Johnson knew the political appraisal would place his presidency at muscle. It was LBJ who achieved intimate terms with parliamentary process provides only a narrow window, the center of the American experience. passage of the Civil Rights Act of procedures. LBJ used a discharge so he pushed through his legislation With the exception of Franklin 1957, the first legislation of its kind in petition to force it onto the House leaving the details for later. 4 Roosevelt, no president had a greater nearly a century. floor. Fearing it would be sidestepped, Within a year LBJ found himself impact. But during his first twenty years in the Rules Committee approved the bill. literally a prisoner in the White House. 5 Lyndon Johnson saw himself as Washington, he worked assiduously It passed the full House 290–110. Faced with hostile demonstrations, Roosevelt’s political heir. His Great against racial equality. He survived The filibuster made the Senate the the President could not appear in Society represents the zenith of a near-fatal heart attack in 1955, an graveyard of just about every civil public other than at military bases. twentieth-century American liberalism. event which was life-altering. Certain rights bill ever proposed. The 1957 Act The reason — Vietnam. The most LBJ sought to harness the power of he would die young, he resolved not passed because LBJ made sure that law disquieting chant of that era was: Hey, government to transform people’s day- to be cheated by fate. He would make was mostly symbolic. Seven years later, Hey LBJ. How Many Kids Did You to-day lives. And transform the country his mark by being elected the president LBJ was determined to have a law Kill Today? he did. who finished what Lincoln had started. with real teeth and willing to spend the Committed to the Cold War Ronald Reagan often quipped that LBJ understood bigotry. Fresh from political capital to attain it. consensus, LBJ escalated US we declared war on poverty, and college, he taught in a segregated To do so, he cut a deal with involvement. The objective, inherited poverty won. As President, Reagan, Mexican-American school in Cotulla, Republican leader Everett Dirksen from Eisenhower and Kennedy, who voted for Roosevelt four times, Texas. He appreciated how racism of Illinois to support the legislation, was the preservation of the South sought to curb the excesses of the damaged the lives of his students. assuring twenty Republican votes for Vietnamese regime. In August 1964, Great Society. The New Deal, after On March 15, 1965 he recalled the cloture. In March 1964, after eighty- the White House received conflicting 6 all, consisted of work-relief measures experience before a joint session of two days of a contentious filibuster by reports that American destroyers were designed to see folks through the Congress to proclaim his commitment Southern Democrats, the bill passed attacked in the Gulf of Tonkin. 7 Depression, not a labyrinth of to civil rights. the Senate by a vote of 71–29. LBJ secured from Congress the permanent entitlements. In 1949, as a newly minted US LBJ not only outdid JFK, he had Gulf of Tonkin Resolution. It gave the Johnson entered office amidst senator, LBJ arranged for World War II outshone FDR. No civil rights bill ever President a free hand to use military suspicion and apprehension. Frankly, veteran Felix Longoria’s remains to be crossed Roosevelt’s desk. FDR was force without a declaration of war. few men were better qualified by buried at Arlington National Cemetery. never willing to challenge his Southern past experience. Deftly handling the Longoria’s wife was unable to inter her political base or confront Southern See LYNDON, Page 26 transition following the assassination husband in his native Three Rivers, Democratic powerbrokers. The Rudy Carmenaty is a of President Kennedy, he offered Texas for the sole reason that the he interests of African-Americans for full Deputy County Attorney more than continuity. He provided and the Director of Legal was a Mexican-American. Prejudice citizenship were sacrificed during the Services for the Nassau leadership in a moment of national transcended death in those days. New Deal. County Department of anguish. LBJ’s lowpoint was the vice- The issue of race has historically Social Services. He is the Chair of the Diversity Johnson advanced Kennedy’s presidency. Although JFK treated been the Achilles Heel of American & Inclusion Committee program, making it his own. LBJ got him with a modicum of respect, the democracy. The 1960’s witnessed a and the Co-Chair of the out of Congress far more than JFK same could not be said of his brother resurgent Civil Rights Movement Publications Committee. could have ever gotten. Although the Attorney General. The enmity actively campaigning against 14 June 2021 Nassau Lawyer

Pre-registration is REQUIRED for all Academy programs. Go to nassaubar.org and click on CALENDAR OF EVENTS to register. CLE material, forms, and zoom link will be sent to pre-registered attendees 24 hours before program. All programs will be offered via ZOOM unless otherwise noted.

June 2, 2021 June 14, 2021 June 30, 2021 Dean's Hour: Lyndon Johnson and the Paradox of Dean’s Hour: Having Difficult Conversations with Clients Emergency Rental Assistance Programs and Post- Legislative Power and Getting Paid Covid Evictions With the NCBA Mortgage Foreclosure Project Program sponsored by NCBA Corporate Partner Program sponsored by NCBA Corporate Partner 5:00-6:30PM Champion Office Suites and Nota by M&T Bank Champion Office Suites and Nota by M&T Bank 1.5 credits in professional practice 12:30-1:30PM 12:15-1:15PM 1 credit in professional practice 1 credit in professional practice *This program will only cover residential evictions Skills credits are available for newly admitted attorneys and assistance for residential tenants/landlords. June 3, 2021 Practicing in My Court: An Evening with the Nassau June 22, 2021 County District Court Judges Dean’s Hour: Developing Areas in Lawyers’ Ethics 5:30-7:30PM With the Catholic Lawyers Guild of Nassau County

2 credits in professional practice 1:00-2:00PM **Program coordinated with Assigned Counsel 1 credit in ethics Defenders Plan Inc of Nassau County and is free to attend for Nassau 18B panelists; must pre-register June 24, 2021 Dean’s Hour: Everything You Need to Know About June 9, 2021 Becoming a Judge: Part 2 GET A SNEAK PEAK AT UPCOMING CLE FOR THE NEW NCBA MEMBERSHIP YEAR Dean's Hour: Rediscovering and Redefining Your With the Franklin H. Williams Judicial Commission (Registration Opens July 1) Professional Persona in the Pandemic Age 12:00-2:00PM Program sponsored by NCBA Corporate Partner July 20: Dean’s Hour: One Year In: Developments in COVID-19 Force 1 credit in professional practice; 1 credit in ethics Majeure Litigation Champion Office Suites, Nota by M&T Bank, and Encore Part 2 will cover Election Law Overview and Related July 21: Dean’s Hour: A Government of Laws and Not of Men: John Luxury Living Ethical Requirements; Making the Ballot in Village, Adams and the Foundations of American Law 12:30-1:30PM County and Family Courts August 4: Dean’s Hour: More than Just Notorious: The Remarkable Ruth Bader Ginsburg 1 credit in professional practice It's Time to September 9: Dean’s Hour: Louis Brandeis: Keeper of the Flame June 10, 2021 Renew Your September 23: This Year’s Most Significant Bankruptcy Decisions Dean’s Hour: Importance of Intellectual Property Due Membership! October 6: Accounting for Attorneys Diligence in Mergers and Acquisitions October 14: Mock Zoning Hearing Program sponsored by NCBA Corporate Partner October 20: Float Like a Butterfly While Stung by the Bees: The Trials & Receive FREE Unlimited Live/Zoom Academy Tribulations of Muhammed Ali Champion Office Suites and Nota by M&T Bank CLE; FREE 12 Credits of CLE on Demand; FREE October 22: Criminal Law Update 12:30-1:30PM Bridge-the Gap Weekend, FREE Committee CLE 1 credit in professional practice Skills credits are available for newly admitted attorneys Nassau Lawyer June 2021 15

Pre-registration is REQUIRED for all Academy programs. Go to nassaubar.org and click on CALENDAR OF EVENTS to register. CLE material, forms, and zoom link will be sent to pre-registered attendees 24 hours before program. All programs will be offered via ZOOM unless otherwise noted.

June 2, 2021 June 14, 2021 June 30, 2021 Dean's Hour: Lyndon Johnson and the Paradox of Dean’s Hour: Having Difficult Conversations with Clients Emergency Rental Assistance Programs and Post- Legislative Power and Getting Paid Covid Evictions With the NCBA Mortgage Foreclosure Project Program sponsored by NCBA Corporate Partner Program sponsored by NCBA Corporate Partner 5:00-6:30PM Champion Office Suites and Nota by M&T Bank Champion Office Suites and Nota by M&T Bank 1.5 credits in professional practice 12:30-1:30PM 12:15-1:15PM 1 credit in professional practice 1 credit in professional practice *This program will only cover residential evictions Skills credits are available for newly admitted attorneys and assistance for residential tenants/landlords. June 3, 2021 Practicing in My Court: An Evening with the Nassau June 22, 2021 County District Court Judges Dean’s Hour: Developing Areas in Lawyers’ Ethics 5:30-7:30PM With the Catholic Lawyers Guild of Nassau County

2 credits in professional practice 1:00-2:00PM **Program coordinated with Assigned Counsel 1 credit in ethics Defenders Plan Inc of Nassau County and is free to attend for Nassau 18B panelists; must pre-register June 24, 2021 Dean’s Hour: Everything You Need to Know About June 9, 2021 Becoming a Judge: Part 2 GET A SNEAK PEAK AT UPCOMING CLE FOR THE NEW NCBA MEMBERSHIP YEAR Dean's Hour: Rediscovering and Redefining Your With the Franklin H. Williams Judicial Commission (Registration Opens July 1) Professional Persona in the Pandemic Age 12:00-2:00PM Program sponsored by NCBA Corporate Partner July 20: Dean’s Hour: One Year In: Developments in COVID-19 Force 1 credit in professional practice; 1 credit in ethics Majeure Litigation Champion Office Suites, Nota by M&T Bank, and Encore Part 2 will cover Election Law Overview and Related July 21: Dean’s Hour: A Government of Laws and Not of Men: John Luxury Living Ethical Requirements; Making the Ballot in Village, Adams and the Foundations of American Law 12:30-1:30PM County and Family Courts August 4: Dean’s Hour: More than Just Notorious: The Remarkable Ruth Bader Ginsburg 1 credit in professional practice It's Time to September 9: Dean’s Hour: Louis Brandeis: Keeper of the Flame June 10, 2021 Renew Your September 23: This Year’s Most Significant Bankruptcy Decisions Dean’s Hour: Importance of Intellectual Property Due Membership! October 6: Accounting for Attorneys Diligence in Mergers and Acquisitions October 14: Mock Zoning Hearing Program sponsored by NCBA Corporate Partner October 20: Float Like a Butterfly While Stung by the Bees: The Trials & Receive FREE Unlimited Live/Zoom Academy Tribulations of Muhammed Ali Champion Office Suites and Nota by M&T Bank CLE; FREE 12 Credits of CLE on Demand; FREE October 22: Criminal Law Update 12:30-1:30PM Bridge-the Gap Weekend, FREE Committee CLE 1 credit in professional practice Skills credits are available for newly admitted attorneys 16 June 2021 Nassau Lawyer Memoriam… Continued From Page 6 In Brief

Village Law. He also analyzed the Water Lew Meltzer of Meltzer, Lippe, Goldstein & Hands Alzheimer's Caregiver Support Initiative. The next Department Rules and Regulations of the Breitstone, LLP, headquartered in Mineola, is pleased to webinar is scheduled for July 1. Village of Herkimer in rejecting personal announce the opening of an office in Boca Raton, Florida. Stephen Ginsberg of Moritt Hock & Hamroff liability of the plaintiff for water payments. The Boca office will support the practices of two trusts and (MHH) announced that attorneys from its Corporate/ In 20213, Judge Feinman concurred with estates attorneys and one paralegal. M&A, Estate Planning and Employment Practice Groups Ronald Fatoullah of Ronald Fatoullah & Associates have joined forces to create its Closely Held/Family the majority in a “zone of danger” decision welcomes Marilyn Quinn Anderson as a member of Business Practice Group. extending that zone to a grandmother who the firm’s Estate Administration department. Marilyn Capell Barnett Matalon & Schoenfeld LLP Partners witnessed the death of her two-year old brings to the firm a strong background in estate adminis- Robert Barnett and Gregory Matalon spoke on granddaughter when a brick fell from a tration, planning and litigation, as well as residential real the topic of 1041 updates and planning after TCJA and nearby building and killed that grandchild4. estate transactions. CARES at the 2021 Accounting and Finance Show. Consistent with our historically Karen Tenenbaum, LL.M. (Tax), CPA, tax attorney Partner Greg Matalon was a featured speaker on a career was honored as a Power Lawyer by Schneps Media. In Marian C. Rice panel for the Queens Community House’s Generation Q circumspect approach expanding liability addition, Tenenbaum Law, P.C. was listed as one of the program, which assists the LGBTQ youth. Partner Robert for emotional damages within our zone top 100 law firms by Long Island Business News. On Instagram, Karen Barnett presented a webinar, “Advance Trust Drafting for Income of danger jurisprudence, our increasing was honored by Count Me In Revival and Maureen Borzachillo in cel- Tax Minimizations,” for Strafford. Partner Yvonne Cort lectured legal recognition of the special status of ebration of Women’s History Month. Karen was recently honored by on the topic of "Top Ten Pitfalls and Best Practices for NYS/NYC grandparents, shifting societal norms, and the Suffolk County Bar Association for her dedication and exemplary Residency," for the National Conference of CPA Practitioners. common sense, we conclude that plaintiff's service for the Tax Law Committee. Karen was a panelist at Touro Law for the webinar “Careers in Tax Law.” The In Brief column is compiled by Marian C. Rice, a partner at the Garden grandchild is “immediate family” for the City law firm L’Abbate Balkan Colavita & Contini, LLP, where she chairs the Marcus O’Toole-Gelo of Cona Elder Law has become a partner Attorney Professional Liability Practice Group. In addition to representing purpose of applying the zone of danger rule. in the firm. The move was the latest in the continuing growth of the attorneys for 40 years, Ms. Rice is a Past President of NCBA. Towards the end of his life, Judge Melville-based elder law, trusts and estates and health care law firm. Please email your submissions to Feinman literally left his hospital bed to Joseph Milizio, Managing Partner of Vishnick McGovern Milizio [email protected] with subject line: appear and give testimony with respect to (VMM) received a Special Congressional Recognition, awarded "for IN BRIEF Judges’ salaries. He was dedicated to our being a role model to others and for making a positive difference in the profession, to his fellow attorneys, and fellow community." The Recognition, signed by Representative Thomas R. Suozzi, was given in conjunction with Mr. Milizio's New York Power jurists, and his voice and presence will be The Nassau Lawyer welcomes submissions Lawyers award for his trailblazing work in LGBTQ Representation. to the IN BRIEF column announcing news, sorely missed. The LGBTQ community Mr. Milizio was also recently profiled in Gay City News. He also led and the legal community at large have lost a the first of VMM and Northwell Health's joint LGBTQ Health & Life events, and recent accomplishments of its warrior for justice in Judge Feinman, and we Planning Webinar Series on April 15, discussing LGBTQ health, HIV current members. Due to space limitations, can only hope that his influence is felt and PrEP, and estate planning. Webinars on different topics are scheduled submissions may be edited for length and honored for years to come. throughout June—Pride Month. Partner Avrohom Gefen of VMM's content. Employment Law, Commercial Litigation, and Alternative Dispute 1. 81 Alb. L.Rev 1237. November 15, 2018 Resolution practices was interviewed in the May 2021 issue of Long PLEASE NOTE: All submissions to the IN 2. . The decision issued on March 21, 2021. See, Herkimer Island Press, explaining what employers and employees need to know County Industrial Development Agency v. Village of Herkimer, 36 about the new recreational marijuana law. Partner Constantina BRIEF column must be made as WORD N.Y.3d 1061 (2021) Papageorgiou of VMM’s Wills, Trusts, and Estates and Elder Law DOCUMENTS. 3. Greene v. Esplanade Venture Partnership, 2021 WL 623832 practices continues to lead the firm’s ongoing Medicaid & Estate 4. In a separate concurrence by Judge Rivera, the decision also explores issues surrounding the composition of family Planning Webinar Series in collaboration with Parker Jewish Institute in many different contexts in New York State. Id. for Health Care and Rehabilitation and Willing Hearts, Helpful

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$1,500 for 30,000 emails [1x buy] Nassau Lawyer June 2021 17 Annual Meeting of the Nassau County Bar Association The Annual Meeting of the Nassau County Bar Association was held on May 11, 2021. We thank and congratulate our outgoing Board of Directors, Committee Chairs/ Co-Chairs, and Hon. Maxine S. Broderick on her receipt of the 2021 Director's Award. We would also like to sincerely thank and acknowledge our outgoing President Dorian R. Glover for outstanding leadership and guidance throughout his term. Photos by Hector Herrera 18 June 2021 Nassau Lawyer

Committee Meeting Report We Welcome the following New Members

ELDER LAW, SOCIAL who delivered a CLE lecture SERVICES & HEALTH regarding legal and clinical Kayla Maria Buzzeo ADVOCACY interventions available as Sophia Dekhtyar Co-Chairs: Katie A. Barbieri, proactive measures to prevent Samuel Alexander Gluzberg Patricia A. Craig an incident of gun violence. Debra Isler Also discussed were challenges Karin Lemon This committee addresses surrounding involuntary Lynne Sztulwark legal issues related to health, commitments of a mentally ill mental hygiene and social individuals, practical skills, and services for steps needed when dealing In Memoriam: the public and special Michael J. Langer with a mobile crisis team, Hon. F. Dana Winslow population groups, including law enforcement or mental Francis X. Kilgannon the poor, the aged and the disabled. health hygiene warrants, the benefits On April 9, 2021, a meeting was held by and limitations of adult guardianship videoconference. Topics discussed included proceedings as they relate to individuals the new Powers of Attorney, a personal suffering from mental illness, and legal and property needs guardian where the interventions that allow for the confiscation incapacitated person is being transitioned of firearms, such as the use of Extreme into a facility, the issue of continuous Risk Protection Orders and the NY SAFE For Information on residence, the use of the Lawyers Act. Assistance Program (LAP) to wrap up a solo attorney’s law practice, various aspects The Committee Reports column is compiled by Michael J. Langer, a partner in the Law Offices of LAWYERS’ of the Medicaid fair hearing process, and Michael J. Langer, P.C. Langer is a former law clerk in the treatment of retirement assets and the United States Court of Appeals for the Second Circuit, and a former Deputy County Attorney in income for Medicaid purposes. the Office of the Nassau County Attorney. Langer’s On April 27, 2021, the committee practice focuses on matrimonial and family law, hosted guest speaker, Jamie A. Rosen, estate and commercial litigation, and criminal AA MEETINGS defense. Call Subscribe today (516) 512-2618

SPECIAL THANK YOU TO OUR LAW DAY 2021 SPONSORS

Hon. Eileen Daly Sapraicone

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Lenny Ambruso and the Supreme Court Team Honor Christopher Zanchelli JUNE 14, 2019

ACCOUNTING www.CPBJ.com JUNE 14, 2019 Chambersburg-based Rotz and Stonesifer named Dennis Shindle 717-236-4300 senior manager. BANKING/FINANCE NEWSMAKERS • He provides tax, consulting and Lower Paxton Township-based Centric Bank named Promotions, appointments, hires financial state Kuhn 6 www.CPBJ.com • Central Penn Business Journal • 717-236-4300 JUNE 14, 2019 ment services Silver Spring assistant manager of the to closely held - Township Finan- Patricia A. Central Penn Business Journal companies. He is Central Penn Business Journal DAIRY GODMOTHERS cial Center. She • a CPA and a graduate of Shippens will cultivate new burg University. Shindle Jeff Musselman, head brewer at the customer rela lishing. He has a bachelor’s degree tionships, man www.CPBJ.com Millworks in Harrisburg, said the local from Millersville. Specialty cheese biz taps into local dairies ARCHITECTURE/ age the internal - market has struggled to check all three - ENGINEERING sales process, - Bramlitt GOVERNMENT buckets. Most local hop farms are growing maintain the with customized financial solu By Stacy Wescoe Hills Farm in Chester County. 2 on one or two acres and not pelletizing. branch’s operational proficiency tions. She has 25 years of banking Harrisburg-based Pennsyl family law experience. She has a BridgeTower Media Jones pitched the idea of using the CSA “The vast majority of local hops are vania Public Utility Commis 13 and mentor her financial center and financial services experienceMelfi bachelor’s degree from the Col- Kuhn sion named format to develop a new way of selling craft brewed in late summer or early fall for team. Most recently, she was a cor and was a financial adviser with lege of William and Mary and a FOOD BUSINESS of Philadelphia and Stefanie Angstadt started making cheese cheese to cheese fans. That led Jones, Ang- wet-hop beers,” he said. “That has been porate social responsibility super Smoker Wealth Management. - Amy S. Goldman law degree from Dickinson School Hrivnak - as a hobby soon after graduating from col- stadt and Miller in 2016 to create the Collec- the big limitation.” visor and head teller II with First She has bachelor’s and master’s of Law. 7 members of of the Cumberland Pennsylvania County - lege in 2008. tive Creamery CSA, based out of Angstadt’s The Millworks and other breweries said National Bank. She has a bach- degrees from Ashford University. Telecommunications Relay SerMatthew After a few years she knew it was some- Oley creamery, with Jones as the operations elor’s degree from York College. - Laura J. Melfi was named senior they would like to buy more local hops vice Advisory Board. Goldman Susquehanna Township-based thing she wanted to do full time. manager and Angstadt and Miller as the two Craft-beer boom spurs local hops farmersyear round, especially pelletized hops, to - vice president and cash manage- Mette Evans & Woodside named Krieger ment officer with Mid Penn’s First has been a public member of the Matthew D. Co- She opened Valley Milkhouse in a former primary cheese makers. support farmers. Lower Allen Township-based board. She is a speech-language “I think brewers absolutelyLancaster-based want RGSto use Associ Members 1st Federal Credit Priority Bank division. She will be ble a sharehold- dairy farm in Oley in 2014 and began to “We thought between the three of us, we ates named pathologist, has conducted - By Jason Scott Fauth Union named based in Chester County and con- er. He represents manufacture and sell her cheeses profes- could pool our resources and move beyond [email protected] it,” Musselmanect said, landscape noting architect. the differences He has trainings on the importance of Alma Jimenez tribute to deposit growth through insurance com in smell anda tastebachelor’s between degree JakeEast from Kriegerand Temple West telecommunications for those sionally. farmers markets,” Angstadt said. branch manager business development activities. panies, fraternal Pennsylvania leads the nation in craft- - Coast hops.University. -- with disabilities and has been Not a dairy farmer, herself, she partnered According to Jones, the trio didn’t invent proj of the location She will also generate fee income benefit societies, - beer production. But Musselmannamed a computer said he aided expects drafting local - involved with the administra with other small Berks County dairies to buy the idea of a cheese-based CSA. But, she Matthew Fauth inside the Gi through cash management prod- insurance pro But while more beer is being brewed in and design designer. He also is a tion of Pennsylvania’s telecom fresh warm milk “straight from the udder.” said, “A cheese CSA is still pretty unique.” hops would cost more than those from ant Foods store ucts and services, and expand and ducers and third- www.CPBJ.com places like Carlisle, Harrisburg and York, largersergeant West in Coast the National suppliers, Guard. given He the retain customer relationships. She munications device distribution Her cheeses — mostly a mix of softer and Jones said it also makes sense. was on East Market - party administra- - brewers here must relygo on some key in premiumlowerhas an hop associate volumes degree at local from farms. York Nev program. Hrivnak will represent aged styles — were a hit. “You can get subscriptions for anything Street, York. She has 43 years of financial services tors in insurance regulatory, trans Technical Institute. the PUC’s Bureau of Consum - gredients that often travel long distances. - ertheless, he said he would still buy localwas a branch experience. actional and litigation matters.Coble “We make everything by hand. It’s very today — dog products, beauty products — er Services on the board. He One is hops, which are not widely hops for special PA Preferred brews, manageri.e., - for PNC Bank. - good cheese so there is a demand,” Angstadt why not cheese?” she said. is manager of compliance and grown in Pennsylvania, or on the East - Upperbeers Dublin made Township, with Pennsylvania-produced Mont Jimenez CONSTRUCTION MARKETING said. gomery County-based McMahon competition in the bureau’s pol Coast in general. agricultural commodities, like hopsManheim or Township-based Lancaster-based Wohlsen - • In fact, demand often outpaced her sup- A profitable boost From left, Sue Miller, Stefanie Angstadt and Alex Jones brought together their collective Associates Inc. named icy division. - Lancaster-based Godfrey In fact, most hops come from Washing grain. Ambassador Advisors LLC named Construction Co. named named ply. Nonetheless, she struggled with the lo- The Collective Creamery is now heading talents to form the Collective Creamery CSA in 2016. PHOTO/SUBMITTED pher K. Bauer ton, Oregon and Idaho, which account for Victor Shaffer and AndrewChristopher Lyons start R. Maza ciate creativeLuke director. Weidner He will gistics of getting the cheese she was making into its third year. And while it is still just general manager of the Camp Hill - project the majority of the country’s hop produc ed growing an acre of hopsCoolidge outside of manager and es Harrisburg-based State Civil oversee message unification and office. He -has morean associate.than 20Christo years He is Service Commission named - to the people who wanted it. a small part of each of the cheesemakers’ Brewing Co. in Douglasville and Coveredtion. Washington alone has about 40,000 Mechanicsburg last year.investment Their company, of timator. He was Manuel brand consisten an asso “You can get subscriptions ders recently purchased equipmentof project that management and trans - chief resa Osborne While around 80 percent of the cheese business, it is an important one. Bridge Farmstand in Oley — and at one Mike and Sharon Reifsnyder stand in the hop yard of their West Pennsboro Township called Lion Bines Hopficer. Farm, Heis leads expected to project engineer. - cy and align cre - acres of hops. will allow them to pelletize driedportation hops engineering experience County a commissioner. She was she makes is sold wholesale to markets and By eliminating the middleman, the chee- location in the Lehigh Valley — Bonn PlaceTwo Cumberlandfor anything County hop todayfarmers — dogfarm. They beganPHOTO/MARKELL growing DELOATCH the crop in 2017 in a bid to make locally grown hops more the wealth man- - He has a bache- ative resources - — meaning to grind them intoand has powder helped municipalitiesproduce a partial harvest of hops this year secretary of the Pennsylvania of Lackawanna De - restaurants, profits were much higher on the semakers get more of the profit. Brewing Co. in Bethlehem. Other pickup available. - agement depart lor’s degree from with project and - are hopingproducts, to claim a piece beauty of that market products - and press them into smallthrough pellets. their Pellet responsibilitiesand asa full harvest next year. partment of Aging. Te- But the partnersment are and investing works now in Millersville Uni account needs to 20 percent of the product she was selling at Angstadt said her profit margin is gener- locations are in the Chester County and inspire other Pennsylvania farmers to local project sponsors on state - — why not cheese?” But Reifsnyder, who retired in 2011 ized hops have a longer shelf life and are with various oth- - versity. ensure efficien her farm stand and the two farmers markets ally about 15 percent to 20 percent on the Philadelphia areas. consider cultivating the crop for breweries and federally funded projects.processing He equipment to pelletize their HEALTH CARE from the U.S. Navy after 22 years of service, what many brewers rely on throughout er departments. - cy. Most recent she attends, the Easton Farmers Market in roughly $150,000 in gross sales she has in a By having a wider client base, the cheein- Pennsylvania.— Alex Jones, Collective Creamery CSA the year. also serves municipalities’ day- hops, withHe an is eye a chartered on making financial extra money analyst “It’s a niche thing. Not too many peo took a chance on hops after experiment York-based Wagman Construc East Pennsboro Township- ly, he was the - downtown Easton and one in Philadelphia. year. That makes it a challenge to maintain semakers also are able to offer more variety. The farm’s hopto-day yard trafficcould yield consulting about needs. by pelletizingcharterholder. hops for other farmers. tion Inc. named Maza based Geisinger Holy Spirit ing with grapes and asparagus on his “In the future, we would loveCoolidge to process design manager - Central Penn Business Journal “The question was, how do we reach a capital-intensive operation. Anywhere Angstadt and Miller rotate between six pleBut do theyit,” said are Michaelon the lookout Reifsnyder, for more who pickup He is a professional engineer and - tor of business development for named Carlisle-area farm, dubbed GEMS Farm. 5,000 or 6,000 pounds of hops this year. for Artisanal Brewing Ventures. these people who want to buy our cheese she can improve the profit margin is a boost. varieties of cheese, including Angstadt’s plantedlocations 3,400 along hop their plants current on his route 15-acre and for GEMS expectsprofessional to pelletize traffic the operationsmajority for other farms so there is less of a cost Maryland. He will Joe Corson direc of GeisingerDr. Ho Ming Jang Manheim Township-based Weidner has a bachelor’s Weidnerdegree He also saw success at nearby hop yard engineer. barrier,” Shaffer said. - without standing there at a farmers market Profits on the CSA vary from month to Witchgrass, her version of a French Valen- Westpockets Pennsboro of cheese Township lovers who property may want in to of its hops this year after selling almost RKL Wealth Management LLC expand the firm’s - ly Spirit Primary from Penn State. • Sunny Brae Farms and thought his farm Both Cumberland County hop farms a member all day — sometimes in the rain — hoping month, but she said they tend to average at cay cheese, and Miller’s Clipper, an aged 2017.get in on their offerings. - named participation in - Care. He will see - could provide complementary varieties of all of its harvest last fall to local breweries A big reason for the lack of new hop farm- Swatara Township-based Skelly senioracknowledged wealth William M.the Onorato hops business in Pennoppor tunities- adult patients the right people will come buy it?” she said. the higherPHOTO/THOMAS end of A.her BARSTOW overall profits. raw-milk cheese. They also reach out to “We have to be lean and use the resources making wet-hopped beers — also known NONPROFITS fresh local hops to small breweries. and Loy named - ers is difficulty in getting started and com- - strategist.sylvania He willis not much more than a seedling.and enhance and specialize The current CSA package from the Col- other cheesemakers in other regions, hop- we have,” Jones said. He and his wife, Sharon, along with as fresh-hop beers that use hops fresh off marketing spe advise high-net-But through trial and error, they areclient opti relation in geriatric care. Philadelphia-based Pennsyl Organizing principal lective Creamery ranges from $180 for a ing to include their specialty craft cheeses Onepeting secondary with larger benefit established to the operations. women’s the vine. vanians for Modern Courts named “These local houses are up against com their two teenage daughters, maintain cialist. She will be LeShelle Smith worth families mistic hop farms will begina to sprout.ships throughout He was a clinical In 2016, as fate would have it, an old once-a-month pickup of two pounds and in the CSA to give customers more options. local craft cheese making is the small boost Wet-hop batches of beer can use five retired “We’ve recently advanced the hop yard, which is entering its second responsible for - on multigenera“I hope we see< more hop growers,”Maryland. Rei He has - assistant profes 6 our operator training and panies that can reach a better economy to 10 times as many hops as pelletized Lawrence F. friend of Angstadt’s, Alex Jones, a prominent four varieties of cheese for four months For example, Miller is currently work- it gives tosecretary the region’s dairy farmers, which year of harvest. GEMS currently grows five graphics coordi- tional planning, 30 years of con- sor of medicine Judge certification program and of scale, plus have quality control proce batches. fsnyder said. Stengel - 717-236-4300 organizer of commu- to $280 for a twice- ing with a sheep farmer to blend sheep Angstadt said are struggling with low prices varieties of hops on 3.25 acres, but the plan nation, including legacy planning, - struction industry experience. He in the division of geriatric- medi GUEST VIEW dures and logistics plans that have been Local brewers say they are eager to buy member.He a board is nity-supported agri- monthly pickup and cow milkare together currentlya pilot program engagedto make assessing with a creamy on the commodities market. is to eventually grow to seven acres, plantpreparation of business succes has a bachelor’s degree fromCorson the cine at the University of PennsylJang efficiencies for the use of in place for decades,” said Brandalynn a shareholder culture programs in of one-and-a-half Camembert-style cheese. She said there is a dairy crisis across the a wider variety of hops and reach morebrochures, more charts local ingredients, includingsion hops,and estate University of Baltimore. vania’s Perelman School of Medi roadway slide areas.” Armstrong, co-owner of Zeroday Brewing with Manheim the Greater Philadel- pounds and three Ultimately, their goaldrones is to forturn 3D modelingcheese of nation. and exhibit mabut- purchasing decisions comeplanning. down Heto has 25- years of es cine. He has a medical degree www.CPBJ.com in Harrisburg. “It makes it harder for the breweries. Township-based phia area, had just Atvarieties risk:of cheese loversA into win die-hard cheese for fans. healthAccording care to the National over Family Farm big tobacco“Expansion is on our radar,” he8 said.terials. She will quality, price and availability.www.CPBJ.comtate planning and wealth Onoratostrategy EDUCATION from DrexelCentral University Penn College Business - Journal MAY 31, 2019 stockpiles, excavations and - small producer to compete.” assist with the development of OPINION Saxton & Stump Alexis Campbell, PennDOT press experience. He has a bachelor’s of Medicine. - left a job with a CSA. Flahive said. The company now does work for four months. “We want to cultivate the cheese culture Foundation, AmericaHop growing has requires lost over a large half trellis for Millersville University named and former chief A lot has changed since 1998, the year special marketing and public rela- degree and an MBA from Loyola John Cheek director of web and - In a typical CSA, for a number of different clients, includingthat PennsylvaniaCSA packages and 45gen states- stoodin this up area like it is in Europe. We don’t want its dairy farmers in just the last 16 years, as Local thirst Smith8 judge for the Eastern District of construction companies, utilities and gov the twining vines and an irrigation system. tionsGUEST programs, VIEW communications brand for the last five or six years to expand - In preparation for hop harvest later College and a law degree from the - creative services. He will over HOSPITALITY a group of farmers ernmentThe agencies. opportunitiesto for big creating tobaccoerally new jobs runand helpedfrom fivecreate thepeople To- to see cheese as a guilty pleasure, but wholesale dairyFarmers prices also have need dropped special below equipment to Pennsylvania. Stengel 1 and media plans and ensuringTHE WHITEBOARD University of Baltimore. - people’s expectationssee the creative of what Lancaster is connect with a group bacco Settlementto six months. Fund, or TSF.The We mayas a food you eat every day,” Angstadt said. 1970 prices. this summer and early fall, the Reifsny Abbottstown, Adams County- and businesses are vast, said Albert R. harvest, process and package the hops. that the website is current and all about,”production Cliff said. op “There are eight or 12 based Hanover Country Club Sarvis, havean assistant moved professor on offrom geospatial CD- LIBN - of consumers who current package is “This is a way to grow the cheese community. “Because of theHops, quality which I demand, take three I pay years a to reach PUBLIC AFFAIRS technology at Harrisburg University of Sci- consistent. She has a degree from eration and serve JUNE 21, 2019 ROMs, dial-up internet reasons to come to Lancaster not just the named John Danehy manager. want to buy fresh, ence and Technology.shortened HU has adaptedsince its the “People don’t see fine cheese as a neces- premium for the milk,” she said. Millersburg-based Mid Penn full harvest, also are prone to pests and ElizabethtownLatest College. attractions census like the Strasburg Railroad indata threethe university’syou already reveals knew.”- - trends toHarrisburg-based watch Triad Strate- and thegeospatial Y2K-bug programs frenzy. to include the use of OPINION A formulaBank named for profit – or for missing out? local produce. They dronescurrent and has sponsored CSA summerseason camps sity,” added Jones. “When they go to the gro- Her sources includediseases Spring and Creek can be Farm difficult in to grow in marketing needs, gies LLC named But a few things have Strasburgfinancial Township adviser and forDutch Mid Wonder Penn The tourism increases also mirror LAWthe DRONE sell shares of their fu- forhas students already in high begun. school and middlecery store they feel they have to get produce Wernersville, an organiccertain dairy soil types farm. and climates. The U.S. Census Bureau recently re- and every year in focusingbetween. on un migration. a seniorby natural associate increase in the govern of 427- people and in- continued from page stood the test of time: school to encourage interest in the technol- Since Pennsylvania hospitals first began land in East Lampeter Township.Julie A. Bramlitt small Ifbusinesses yours is like I’ve many studied, of the the Financial Services. She will help economic growth in the U.S. as a whole, acEast Hempfield Township- ment affairs practice. He was a According to the association, drones ture crop to the con- Customersogy, SarvisOthers said. pointed pick out that dronesand have bread been …receiving we want this them money, to think it has ofbeen fine used to:Greg- Stricker, a partner in Spring Creek, leased new population estimatesThose attractions that have continuedLancaster to pull remains dergraduate the largest and and fast- The fastest growth occurred outside ternational migrationRob Ghormoz of 52 people. Pokémon, “Toy Story” price you quote clients prioritize, organize and based Russell, Krafft & Gruber www.CPBJ.com graduatecording admis to Cliff.- senior adviser to Gov. Tom Wolf’s sumers, who then up their usedorders in the film at and televisioncheese industries, like as that, not as a luxury.” said he pays special attention to the milk he will offer $82.1 billion in economic benefits Honey-Bell is a brie-style andcheese Pennsylvania’s made by com- • Help people quit using tobacco prod- for accountyour prod- for and comparein simplify touriststhe resident their from financial across the matters est-growing globe but now county. At 984“Clearly square the economymiles, has ofcontinued metropolitanLLP named to areas. Surprisingly, no There is more growth than decline. Out well as in surveying rail lines and uctsin police ing to the report by Discover Lancaster, which sions, advance re-election campaign and led his and create 100,000 new jobs in the United mitment to keeping the ucts or services pick Davidup Heath,weekly director ofor the PAStefanie Drone Association, Angstadt prepares to make in remarks her atOley Drone Advocacycreamery. Day June 11 inparticipating Harrisburg. Heath and otherandloca emergency- applications,Miller suchsees as river the craft cheese industry produces for Angstadt. population for counties sharebetween the market April 1,with newit businessesalso is the and largest of the four counties. newlia metro G. areas moved into the top 10 States alone by 2025. The association’s goal is based in East Lampeter Township. ment and the president’s- office. 2019 inauguration.of 3,142 counties, He has a bach1,739- (or 55.3 percent) supporters hope to encouragePHOTO/SUBMITTED state leaders to support the growing drone industry. rescues. One story told during• Provide the June 11access to health care for ev- Central Penn Business Journal- is determined build itself back after the Great Recession,”Vanasse Ju a is to encourage state leaders to support monthly boxes of the core mission of the TSF tions. Most are busi- growing in much the same way the craft beer “I always try to make the highest-quality The number of visitors to the county also destinations. member of the - the development of a drone industry – or event was how cattleeryone, had ruined regardless a portion of of their insurance or by a simple for2010- and July 1, 2018. The outcome? There Between 2010He and will 2018also oversee it experienced- design aspects the largest areas. Of the 390 metro areas elor’sin degreegained from population Penn State. between 2017 and 2018. training and certification program and are dedicated to health care. They include popular restaurants and Cliff said. “It Cheekwas building steam in 2017 and unmanned aircraft systems, as they are farmers’ latest crops, nesses that focus on aindustry farmer’s crops. Ahas drone developedwas able to assess and grown, with milk, but we try to concentrate on making a family law prac - currently engaged with a pilot program as health status Lancaster Countyincreased, mula,tourism rising based from on are 8.64 shifts million in populationinsees 2017 taking gain place across in largest visitors numeric of the growthschool’s website.at 24,112 He people. was the U.S., (including the District of Co- more formally known – because other states the total damage, which helped justify the certainly last year.” < tice group. For Twelve counties (0.4 percent) experienced sessing efficiencies for the use of drones for those in theThen industry there are the working spin-off cooperatively businesses. milk that is higher in protein and butter fat alreadyFor are example, doing so. New York is putting up $30 sharing both the risk and the rewards of the Itlocal took thecraft 46-state foods co and- products like farm insurance claim. your estimated bars, revitalized downtowns in places like 3D modeling of stockpiles, excavations and to 8.85 million people in 2018, an increase creative director of Schiffer Pub- alition years of fighting with major tobacco • Fund research to cure diseases like outcomes of health care,Lancaster and- how County to ad- is continuing to draw the nation that may differ from what you No. 2 in numeric growth —was Ioannis actually Pashakis the nearlylumbia 20 years, and Puerto- Rico), 102, or 26.2SENDING no change in population, and the remain- farmers’ season and givingroadway thoseslide areas,” farmers she said in a a writtenstands or craft brewers, which support “buy insteadcancer, ofand competitively improve the health to boost of all the entire to make her cheeses,” Stricker said. costs. Feed in Lititz and Columbia, and outdoor activities million to pay for a 50-mile unmanned air Ryan Boswell is the Philadelphia-based of 2.5 percent. Send announcements concerning response to questions. companies in order to come to the 1998Andy dress community healthmore issues. people,< with 2018 as the ninth consec your costs and might assume. Here are the highlights at a smallest of the four counties, Cumberland shepercent was a Lan experienced population decline corridor between Syracuse and Rome, the more reliable source of income. local” efforts. Pennsylvaniansindustry by sharingsales manager tips for and PhaseOne efforts. Industrial, Stricker said the extra money a cheese- like Refreshing Mountain Retreat in Clay ingNEWSMAKERS 1,391 (or 44.3 percent) lost people. Master Settlement Agreement; the fundsCarter The report’s data was provided by Oxford, promotions and newly hired association said. Other states have become - a camera company based in Colorado. utive year that the county saw increases in your desired caster County “My job was to buy productsFlying fromSeveral intodozens new attendees roles at theHaving June 11 eventa variety of pickup locations in “It’s the whole ‘a rising tide raises all maker likeThis Angstadt year, these is hospitalwilling todollars pay andrepre re-- national and local level. Township, accordingCounty, to Joel Cliff,which director grew by 16,017 people. in 2018. The five fastest-shrinkingpersonnel metro to Between 2010 and 2018, a total of 1,481 (or federal test sites for the drone industry, weren’t distributed in Pennsylvania until • Support financiallyPhaseOne fragile cameras rural canhos - be outfitted on search funds could be at risk. gross marginEngland-based Tourism Economics and ing soThat they aremay probably be true, missingbut in do - divorce master, - while others have been joining regional pitals, which serve large proportionsvarious drones of to do a variety of work for visitors, visitor spending and tourism jobs. - York County grew by 13,301 people and areas (excluding Puerto Rico) wereSave photos at 300 dpi as TIFF of local farmers,” Jones said. saidthe theyTobacco think statethe Settlement leaders region will beActhelps sup of- 2001. the Collective’s members ships’ kind of thing,” she said. “We all benefit sents a needed boost for small farms like his. and presto, out comes the price. opportunitiesof communications to increase profits for Discover Lancaster. 47.1 percent) counties gained population partnerships to develop initiatives. As each governments, quarry operators and utility The nine-year uptick is the result ofa based on hotel-tax collections reported by and she has 30 years of combined or JPG files. [email protected] do not embed portive of ideas to expand drone programs vulnerable patients - Day said the drone industry is Gov. com Tom Wolf’s budget plan kept the “We have worked on broadening our day passes, Pennsylvania seems to be falling companies, among others, Boswell said. There’s just one problem: priceJUNE 21,What’s 2019 happening onlocally? some products or services, Dauphinor County grew by 8,997 people. Charleston, West Virginia (-1.6 percent); She was looking to take her CSA skillsboth withinspread state agencies their and cheese with com -sales farther than they from a stronger cheese industry.” TSF“It’s whole, a huge but we benefit are concerned to us thatwhen this a local the county, average hotel-room rates and Vanasse photos in word documents.and 1,661 Photos (or 52.9 percent) lost popula- further behind in developing a domestic Throughout that process, The Hospital diverse group of businesses and continued mercial applications once they understand has nothing to do with cost. Richard to gain market share with others. drone industry,For now, observers the association said. isn’t asking and use them in a new way. She andthought Healthsystem of could Association on their of own. Pennsyl- • More recently,Jones said help the hospitals trio is addressfocused petitive on inbeing that anyone a canyearbusiness buy somea drone lawmakersfor like that uses want our to use product,” tobacco he said. trends in visitor spending.Cumberland, Dauphin, Lancaster and Pine Bluff, Arkansas. (-1.5 percent);sent through the mail will not be the potential.Tasks such as bridge inspections or aerial the opioid crisis Those two things are what pricing tion. Though .there has been more growth around $500 and set up shop. However, changes in the perception of the county, Randall OPINION Angstadt and another cheesemakervania she and had the commonwealth’sSubscriptions hospitals can be picked up in two regional leader in the craft cheese industry. dollars“It’s to essential pay state debt.to find You see,someone during making a When I tell my clients their Lancaster County has had a long tradi- returned. Releases should include Pennsylvania’s leaders for much – except commercial operators are required to take rate throughprices should the Affordable have nothing Care to doAct and York experience consisstrategy- is about. What’s happening nationally? Farmington, New Mexico (-1.5 percent); surveys that once took weeks to conduct Specifically, during fiscal year 2017– the county’s tourist information center, Dis the municipality in whichthan the decline overall, the numbers indicate to be aware of what is going on and to offermet in her old job: Sue Millerplayed of Birchrun a big role inBerks ensuring County that money locations — Hidden River They aren’t planning any major expansion.FAA trainingthe 2017–2018higher-end to become a licensedstate product budgetremote process,to compete.” the < with their costs, they usually look can now be done in a day or so, Day said. 2018, Pennsylvania’s hospitals received At Keystone, Day said, prices can range Medicaid expansion, we still have peopletion of enticingtent tourists growth. to itsThe Pennsylvania most The census data confirmed that coun- Danville, Illinois (-1.2 percent); and support as ideas develop, several people pilot, he and others said. cover Lancaster, wrote in a recent report. company is located. was preserved for health care — Farmers,not to utilitiesfill and others have seen how General Assembly authorized borrowing at me as if I have suddenly sprout budget,When it estimates a business sales creates rev- a that this can easily shift year over year. said. One goal is to create a working group $28.5 million through the TSF at the state Visitors to thewho county are uninsured spent $2.24 and billionneed help. in Dutch dining, outlet shopping and family drones can reduce the costs of projects and - notable trend between ties with the largest numeric growth are Watertown-Fort Drum, New York (-1.2 within the state aviation caucus – a legis one-time budget holes or fund other- proj- against $1.5depending billion on thein jobfuture and the TSF location. payments A ed a third eye in my forehead. Af enue, costs, and a desired gross A deeper dive into the census data inspections. They also havelevel, weighed which the li- is then matched by the federal lative group – to develop a roadmap that day of aerial camera work with a licensed re- ects. We worked with health educators, re- ability risks and realized they are better off to balance the state’s budget. The bond 2018, up 4.6ter percentOur all, they’ve hospitals from been $2.14 rely doing on billion thesethat forin funds 2017. to 2010 andmargin 2018 that in Centralwill cover overhead located in the south and the west. In percent). The population decreases were would “identify funding opportunities to mote pilot might cost about $2,000 in some reveals several demographic changes using drones.Governments, government however, seem to tototal have approximatelya $60 make sure they can stay open and contin- searchers and provider groups to find the payments now are due,high-density to the areastune in of New $115 York or New Jer Of that total,(fill in $482 the blank)million years of wentand it tohas wages and and produce a budgeted profit. support critical drone infrastructure,” the ue to treat everyone. The state has options Pennsylvania is that these fact, Texas claimed four out of the top primarily due to negative net domestic associationThe saidassociation in a fact isn’t sheet. asking for new regu- million. This money goes to cover the cost sey and perhaps about $1,000 elsewhere. worked, for the most part. Looking at the budgeted profit watchI that wear I cana Timex buy forIronman about impacting commercial real estate develop- right balance for everyone. higher hurdle to overcome when liability million during this budget. salaries for the 16,968 people working in the of caring for the uninsured and underin- to balance its budget — options that don’t counties all experienced 10 spots. Looking at population growth migration. concernsSeveral are raised, experts Day noted said. the concerns can and loss statement, it is easy to $35 from a number of retailers. ment: household formations, aging baby lations, pointing out that drones are regulat PRINTLancaster County & tourism industry,DIGITAL accord DATA Some of the reasons that TSF money jeopardize the already stressed financial fall into a trap of thinking, “If we It is a very accurate watch with a ed by the Federal Aviation Administration, sured. consistent growth year- by metropolitan area, Dallas-Fort North Dakota was home to the fastest- be eased once the options are carefully went directly to hospitals to fund uncom- or FAA, which controls U.S. airspaces and GUEST VIEW can just get every sale for the es- quartz movement and some very boomers, growing millennials, women GUEST VIEW weighed. For example, the risks to survey a situations of many of Pennsylvania’s hos- already requires commercial drone opera- Pennsylvania also received more than pensated care is because they are under- over-year. Moreover the Worth-Arlington, Texas had the largest growing county. Among counties with a utility line traditionally would involve work pitals. timated cost plus gross margin, nice features. “Casual” quartz tors to getBut a that license. doesn’t mean there is no room $44 million for CURE grants during the Mike Central Penn Business Journal in the workforce and migration toward ers using ladder trucks to examine high- paid by the safety-net payer, Medicaid, SUBSCRIPTIONwe’ll be rightgrowth on target.” was It fairlysounds even watchesnumeric from Gucci growth, made with with a gain of 131,767 population of 20,000 or more, Williams fiscal year 2014–2015. Thevoltage grants wires, help which is dangerous work that Proposed tax could harm specialty surgical+ centers - Kushner the South. Today’s demographic changes for action on the state level. In October which a recent analysis indicates reim- More than a third of Pennsylvania’s simple and scientific, doesn’t it? similar materials sell for $275 to Health and wellnessuniversities, communications hospitals and researchcould orgatake weeks.- Now, drones with cam- can be engaginghospitals operated in the red last fiscal - over the last eight years. people, or 1.8 percent in 2018. Second County, North Dakota, claimed the top 2018, Pennsylvania lawmakers passed Act eras can inspect the same line in a fractionburses at 81 cents on the dollar. $350. 3 present challenges for commercial real 78, which limits the ability of municipali- In his budget address, Gov. Tom Wolf nizations partner to unlock solutions forof the time – and without putting people in stated to applause,year. Among “This proposal that group, asks formore no than three- The problem is thatAnother what buy -trend worth was Phoenix-Mesa-Scottsdale, Arizona, spot as the fastest-growing by percent- ties to regulate unmanned aircraft unless ers are willing to pay has nothing harm’s Asway. people become more aware of how new taxes. Notquarters one dime. have Not been one penny.” operating in the red Trust me – I know manufac estate developers, but they also offer lu- authorizedLocal by jurisdictionsthe statute. often move to pass cancer, ways to improve the quality and- There are no hospitals or hospital staff to do with the sellers’ costs.noting You is that the counties have mainturing- – there is whichno possible had way an increase of 96,268 people, age. This county’s population rose by 5.9 A strong wellness program can be a that treat only the uninsured or patients Yet, as the General Assembly combs through differentiator for recruitment, reduce the drones can be used, the industry has taken for the last three fiscal years. Now, more don’t believe that? I’ll give you to explain that price differential for the second one. The per crative opportunities to firms creatively ordinances that can interfere with commer insured by Medicaid, and Pennsylvania the governor’s proposal, we find that there tained the same order of ranking based or 2.0 percent. The cause of growth in percent between 2017 and 2018 (from cost of health care benefits and help build off, DayKeegan and others Flahive said. is a remote pilot for Argos than ever, these hospitals are relying on two scenarios. based on manufacturing costs. son who runs it is a long-time cial operators, said David Day, executive are, in fact, tax increases. adapting to new demands. a team atmosphere based aroundvice healthy president at Keystone Aerial Surveys doesn’t have a public hospital system. As upon population for eight-plusThat’s years. why you For can buy fakethese areas is migration, both domesticemployee, who makes33,395 a higher to 35,350 people). The rapid Unmanned Aerial Solutions based in Lititz. the enduring promise that the TSF will be based in Philadelphia. That makes educa- www.CPBJ.com • choices. However, communicating the a result, theWhen hospital the company community was founded in treats 2015, all One specific tax being proposed by the ad Gucci watches for less than my wage than the guy running the tion critical,Keystone he added. does work nationwide and has ministration is a “doublethere tax” to help on ambulatory them continue to stay open, example, in 2010 the counties in order of and international, as well as natural growth Williams County experienced was it did a lot of work with real estate compa- Mike Kushner is the owner of Omni Realty benefits and program elements of a well- patients, regardless of the type of insur- surgical centers (ASCs)remain like financially stable and treat every Timex on the street. The differ paid-off machine. The cost of the nies that wanted aerial views of properties, smallest population to largest were Cum- increase. In Dallas, it was natural in- due mainly to net domestic migration of found that some officials in states – such as ential is totally due to the cachet second machine is higher than Group, a real estate firm in Harrisburg. He can ness initiative can be hard to navigate. Hu- ance they have — and serves as the safetythe ones in my district. patient who walks through their doors. • man resources and cor- New York and New Jersey – are more aware berland, Dauphin, Yorkof the Gucci and brand.Lancaster. The price crease that served as thethe largest cost of the source first. Do you be 1,471 people in 2018. The county also ex- of issues facing the drone industry than net for the underinsured and uninsured. be reached through www.omnirealtygroup. ASCs are convenient porate leadership need to those in Pennsylvania. The advocacy day health care facilities run Trends may come and go, but the Penn- is what the market will bear, - lieve you can get a different price • See things from the employees’ per- Even with the improvement in the insured sylvania hospital community’s mission This is the same ranking we see in 2018, of population growth. For Phoenix it was perienced growth between 2017 and 2018 com� walk a fine line – avoiding spective.was How an effort will to changethe wellness that, too, he programsaid. It by physicians that provide the value the buyer puts on the for a product based on which • Total- access to Long Island Business also is hoped that Pennsylvania’s govern- same-day surgical and di remains focused on health care. We call on product. machine you decide to use? Of sounding paternal, mor- components benefitment agencies them? will increasinglyWhy should adopt the JUNE 7, 2019 agnostic care for focused the legislature to make sure it remains the course you can’t. alistic or even too per- they care? Does it affecttechnologies, their as work agencies life in or other states have, DayThe added. association maintains that 36 out of care needs, such as eye mission of the TSF, too. Don’t rob patient this tax plan, this customer care might no lon cal machines,Suppose except you have one two is paid identi with what the market will bear for sonal while empowering home life? Zero in on key factors affecting Central Penn Business Journal News List Database* surgeries, colonoscopies, care to fill budget gaps. ger be possible. for and you took out a big loan tactical.Pricing Working is both with strategic compa and change notices, usually much high employees and spurring employees and highlight the benefitsthe 50 states of have transportation depart spine and joint procedures, • ments that fund centers or programs for GUEST VIEW - nies to improve profitability, we er margins than for the original participation. healthy choices. and more. There are 234 that theirAnother nurse-to-patient advantage of ratios surgical are centers generally is drone operations. PennDOT, it said, is not Andy Carter is president and CEO of The have adopted a strategy of slowly orders. In that case the customer is among those that have initiated outside Medicare-certified ASCs in Pennsylvania. lower than at general hospitals. These nurses How a company com- • Avoid communicating to staff as if Hospital and Healthsystem Association of - raising prices above what we - a captive audience. But sometimes programs.Alexis Campbell, PennDOT press secre- are trained in one or a few specialized surgical • Unlimited downloads municates can make a big they are marketing targets. Trust them Pennsylvania in Harrisburg. get with the magic formula until we ease up on the change adjust- • Remove jargon, whetherfrom these Thehealth governorinnovative care expects surgical to takecenters, $12.5 which million - 717-236-4300procedures. This system ensures that patients difference. It can boost and communicate with them as if they tary, orsaid HR PennDOT wording has an that active might internal not be easily un- • customers push back. We often ment, and let the customer know it is income they would otherwise put toward the receive the best care possible with the same enrollment in the wellness strategy and are “one of us,” instead of “one of them.” derstood.drone program Remember, and has been flying when drones jargon is used, Retirement plansend with prices at a higher, moreshould beto build goodpiece will. of M&A puzzle for several“We’ve years. recently advancedincredible our operator services they provide at lower costs nurses caringECONOMIC for them throughout DEVELOPMENT their treat create more engagement among employ- Use “we” and communicate from a team it may mean the employeesto patients. are ASCsunlikely already to pay income, sales ment. profitable level for many, but not Julie 2018 was a banner year for mergers- So, if you’re planning a merger or acqui- restrictionWe have• sometimes PDFsbefore reduced being and able to joinspreadsheets the includes confirming past operational and ees. Those who are engaged at work will go perspective, rather than a top-down understand the message.and property taxes, as opposed to general hos State all customers. It’s the customer, prices below the magic formula Lando LIBN.COM the extra mile and demonstrate increased standpoint. VOLUME 67 NUMBER 4 ■ LIBN.COM Part of the network JANUARY 24 30, 2020 ■ $2.00 Greg Smaller facilities also help surgical hospi and acquisitions. Global M&A activitynot was the formulasition, that determines consider the retirement plans- now to buildbuyer’s market share 401(k) or capture plan, losing out on a full procedural compliance, making sure all • Avoid populatingpitals, emails which or do messages not pay these same taxes. JUNE 7, 2019 tals protect patients from spreading infections productivity, which shows up in a compa- with large amounts of information. People Rothman among each other. This large reduction in the second highest on record, with thedeals best price. to avoid a headache later on. a new account.year Ifof the tax-efficient new busi savings and employer- plan documents are up-to-date, and con- • Talk about the rewards – not only for Rep. are noThe “new” governor taxes in is hiscorrect proposal, when as he he says tried there nosocomial infections is critical Communityin a surgical First Fund ness is incremental, it is all good ny’s profitability, turnover numbers, safety their personal lives, but rewards of the digest details in small chunks, so consider totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the - We have experimented tactically • Book of Lists PLUS incidents and quality. program. What’s in it for them can be a an ongoing campaignand was to unsuccessful share bits and in getting this ASC tax environment. on the bottom line. passed through the General Assembly last • Bring creative ideas to the effort. percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non- powerful motivator to expand participa- pieces of information, or a web page to Consider interesting program elements to Communication is key for an employee year. It is my hope that the House Republican ASCs,Not but onlythey areface patients lower costs better at caredthese cenfor at niestempting expectThis to isto solve. the close very problemmore that ASCs were at ship of the selling company – the buyerThe magic formulaare givesthat you employees can be integrated into discrimination testing results from recent health and wellness program and for a tion. That participation, in turn, can build view the full information when employees up the ante of interest and participation. a nice target, but don’t fall into Caucus, along with the Pennsylvania Medical Volumeters than 35, they Number do at 23 general hospitals. Medic the trap of thinking that is your business overall. Looking to a professional a team atmosphere and lead to higher are interested and have time. Think about bringing in a local chef to of- dealsThis this ASC year tax would than be last,a blow to competi then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac- Society and other medical-service advocates, aid patients face 50 percent lower costs and expandingtion and innovation in health executive care. By tying teambest price. • Unpublished data communicator for ideas and best practices engagement. will prove once more that this tax would be fer a cooking class, having a localpatients farm with commercial insurance plans the invisibleand a majority hand of the freepredict market in health including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as • Have a sense of humor when commu- 1500 Paxton St., Harrisburg, PA 17104 - will help streamline communications sur- nicating.detrimental Loosening to up Pennsylvania a formal approach surgery patients. stand bring in their fresh producepay regu as low- as 25 percent the costs of a hospi care with burdensome taxes, we get less Richard Randall is founder and • Consider health and wellness ambas- 717-236-4300 • [email protected] By Jason Scott these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, rounding such a program and lead to more sadors. Peer-to-peer communication is can go a long way to creating engagement larly or bring in a gardening experttal-based to offer visit. health and less care. president of management-con GROWTH MODE [email protected] according to a report acquired company’s retirement plan. It the buyer’s existing- plan is avoided. The and fulfillment of government reporting engaged, healthier employees. powerful and partnering with passionate able toFirst, afford this state-of-the-art tax would cause equipment. ASCs to be un sulting firm New Level Advisors As healthcarewith and technologythe communication grow, so do the and getting on a hands-on workshop for growing veg- • Custom data searches Such equipment allows them to have higher practitionersIn addition also to save saving Medicare patients $2.3 money, billion these - cost theAnother state Medicaid taxfrom on these Axios.system, ASCs it Thesewould may even not compa only - can either maintainin Springettsbury its own Township, plan and York the downside is that the employee accounts requirements. team members to communicate can re- professionalboard service with firms the that program. support them. etables or herbs. At- GRIT, team members What can you do? productivity›› Page 4 and healthier patients, but under a year on justAssociate the 120 Publisher/Editorialmost-commonNEWS proce Director, Cathy Hirko Expectingcost a lives. record year for lending and - County. Email him at info@newleve move the paternalistic factor. nies, and others around seller’s plan separately, terminate the• become immediately accessible. So, if not Many companies partner with an out- • Make it a two-way conversation. Ask in the wellness program aredures walking that Medicare miles patients receive, accord ladvisors.com. employees what program components Editor, Joel Berg • Connect the dots for employees to the (via a step tracker) to earning a to free UC airplaneBerkeley. more House growth,I andurge theSenate my colleagues Lancaster-based to votethe against in the globe, Pennsylvania this proposal Commu turn to M&A seller’s plan, or merge the seller’s plan rolled over into an IRA or other retirement side consultant to conduct a thorough bigger corporate picture. Participation in they’d like to see. Find out what might mo- Mariah Chuprinski *Please note: the Data portion of the premium ticket to anywhere in the world. The more Web Editor, Becca Oken-Tatum nityand First I urge Fund Gov. Wolf has to beenvisit dealsan adding ASC liketo increaseWest staff and market John into its own plan. plan, employees could squander retire- benefit plan review and help determine wellness programs has the potential to de- tivate them to participate. Ask for ideas on creative and out-of-the-boxin 2015,UC the Pennsylvania Berkeley program, noted ASCs in a saved recent Medicare study that Shore Endoscopy in Cumberlandshare County and to improve their If theTO buyer THE EDITOR decides to maintain both ment assets and face penalty taxes for the best option. When experts are engaged crease company health benefit costs over- Reporters restructuring its executive team. Jeffrey- communicating the details to staff. when paired with easy$32.6 ways million to participate, on cataract procedures,Special $1.3 Projects Editor, - learn aboutThe the progressnonprofit that is economicbeing made bydevelopment or subscription is non-refundable. all, which in turn could make a difference million on upper GI procedures and $6.9 mil Jason Scott these entrepreneurial physicians andbusiness nurses. models. plans,If the there’s newly one constant acquired in health employees can- early distribution. from the start, they can help ensure the • Use social channels to help spread the more people will want to take part. - - care, it’s change. UPMC’s invest- in employees’ premium or out-of-pocket lion on cystoscopy procedures. transition is smooth and employees have the word. Whether its an internal social & Ioannis Pashakis ganization+ recently hiredThroughout Michael Carper, the theM&A menteither in southcentral be offered Pennsylvania the same benefits they The final option – merging the seller’s • Stay diverse with your communica- my district,As I meet such with as those physicians at West and Shore patients En in health care costs. tool such as Slack or Yammer or a closed tions focus. If there is a large subset of former CEO of the process, Housing Developmentexecutives are hyper-focused has broughthad previously, positive change orto a newPHOTO/SUBMITTED formula for their and buyer’s plans – requires that both a clear understanding of the benefits with were toIf thebe enacted,Wolf administration’s the Pennsylvania tax proposal Am Reseacher, Ana Mrdalj- doscopy, I have been amazed at the benefits - group on Facebook or LinkedIn, encour our region, including new, highly New Markets Tax Credit program, a federal tax staff- who bike bulatoryto work, Surgery that’s Association,great, but if along with a of their innovative approach.Corp. MidAtlantic,on to becompany its chief creditsynergies officer. and big-picture employer benefits. Maintaining both -plans plans be the same type and have a similar their new employer. age employees to share pictures of their DESIGNJohn Layton Pictured, clockwise from bottom left, is Community First Fund’s executive team: Dan that’s all communicationscoalition of state are medical about, societies, the warn that - specialized services, thousands of credit program operated by the U.S. Treasury Community Firstgoals. Fund As also a result, contracted one verywith importantBetancourt, fac- presidentcan provide and CEO; employees Mike Carper, continuity chief- credit of ben officer;- plan James design. Buerger, This executive option can be efficient An organization’s retirement plan healthy choices and/or program partici company risksup losingto 25 percent support of thesefrom centersother may need We all can relate to the phrase, “Surgery is new providers and leading-edge Graphic Designer, only minor if it happens to someone else.” tor often goes overlooked – the employer’s efits with no impact to the buyer’s retireDepartment- and that cost-effective helps support large– one urbanbenefit structure, should be a consideration from the early pation. Build a little competition between parts of the toemployee close – pushing base. Thethousands same ofgoes patients into - a finance expert from Chicago to serve as CFO technologyvice president to treat theand most chief lending officer; and Joan Brodhead, senior executive vice president - FOCUS//REALcompany ESTATE segments andREAL ESTATEoffer content costly general hospitals and forcing centers to TracyNobody Bumba wants to be told they need surgery retirement plans. There are many- anddetails chief strategicment initiativesplan. However, officer. operating multipleredevelopment one plan projects. to operate – and it also avoids the stages of an M&A. Though the evaluation FRESH IDEAS DEVELOPER for any topic: if it’s strictly about one thing, - and they especially do not want an unpleasuntil it hires someone to the post full-time. advanced diseases. However, even meant to engage the group – ask ques withdraw from Medicaid. AUDIENCEManager, DEVELOPMENT Community First is one of two local orga FOR REDESIGNING SEEKING the business might lose the interest of its ant surgery experience. “We’re addingto consider and growing when dramatically,” acquiring apositive company. change can cause confuplans- can be burdensome and expensive,- negatives of plan termination. process can be lengthy, it’s better to an- tions,SMALLER post OFFICES a quiz or host OKa ‘meet FOR $35M this goal’ profit has made some internal promotions. MIXED USE PROJECT whole audience. Understanding the seller’ssion. retirement I’d like to take plan a moment andto nondiscrimination testing is needednizations if thatThe can risk apply associated for those withfederal merging tax are the ticipate issues that could arise, instead of challenge. vaniansThanks have beento ASCs, given thousands a convenient of Pennsyl and said Dan Betancourt, the organization’s presi COO Joan Brodhead was recently named se - clarify a question involving health Internal communications centered around For subscriptionquality information outpatient and experience questions, with please positive call and how it will fit within the current- ben- employees are receiving different benefitcredits. unknown factors of the seller’s plan. Has it realizing them in the midst of the merger health and wellness can make or break pro 800-425-8609 or email [email protected]. dent and CEO. insurance plans accepted niorat UPMC executive vice president and chief strategic The other — Harrisburg-based Common outcomes andADVERTISING speedy recovery in the comfort Communityefit Firststructure Fund is provides vital to financsuccess. - packages. always operated in compliance with all the when it might be too late. - gram participation. Get together with HR, - Pinnacle. of their own homes. A double tax on these initiatives officer, while senior vice president of wealth Cornerstone Group, a subsidiary of leadership and a few employees to brain centers would not only be devastating to the - If retirement plans are not considered If the buyer is going to terminate the complex rules associated with retirement • - Christiana Rathman ing for small businesses, affordable housing lending James Buerger was elevated to execu - - storm the best ways to get the message out. many Seniorhardworking Account physicians Managers, in Michele our com Engle, AnthonyCarley Lucas, Miranda upfront, executivesoutpatientUPMC may clinics Pinnacle learn continue hospitals that to theand ac- seller’s plan, this decision should be made the plans? Pennsylvania If not, Housingthe buyer’s Finance plan Agencywould be at John Jeffrey is a consulting actuary, specializing - projects and nonprofit organizations located tive vice president and chief lending officer. monwealth but their patientsAccount as Manager, well. Gail Clough quired companyaccept most has major an insuranceunderfunded pen- and the process initiated before the com- (PHFA)risk. — recently was awarded $55 million in retirement plan consulting and post-employ- in low-income communities and serving dis Community First also has hired staff to work - Julie Lando is the owner and president of GRIT plans, including Aetna, Capital Blue Marketing Group, a marketing and communica- our commonwealth,For the sake of theI hope health my andcolleagues wellness in of sion plan – which can be a deal breaker panies merge. If the acquired company’s in theBefore latest rounddeciding of funding. how to handle the sell- ment health care benefits, for Conrad Siegel, EVENTS advantaged groups,Cross, Highmark including and UPMC Latino Health and Af under each of the C-suite executives. tions firm with offices in York and Lancaster. Harrisburg listen to ourInside physicians Sales/Operations and their Coordinator, – or that the seller’s 401(k) plan does not 401(k) is terminated after the transaction, er’sCommunity retirement First plan, was the shut buyer out butwill hopes need which is based in Susquehanna Township, - rican-AmericanPlan for all entrepreneurs. services. Changes in And the the need The growth comes at a time when Commu - • patients and reject this tax. - meet compliance standards. the seller’s employees will face a one-year to perform exhaustive due diligence. This Dauphin County. Event Manager, Dayna Edelman relationship between Highmark its clients still can take advantage of the in - - for services is rising. nity First has been positioning itself as a go-to - State Rep. Greg Rothman (R) represents the 87thEvent Coordinator, Erica Hildabridle andThe UPMC organization, in the greater which started out serving centives. House District, which is in Cumberland County. Pittsburgh and Erie areas will not resource for investors and developers inter “We plan to work with clients and try to Event Marketing Specialist, Laura Chanoski Lancaster, now covers 15 counties in Central affect the relationship between ested in the federal opportunity zone program, 7 Multimedia Design Specialist, Paul Gingrich help them find an allocation through anotherpage UPMC PinnaclePennsylvania, and Highmark. the Lehigh Valley and suburban As a premium subscriber, gain total databasein which investors can get a tax break on capi organization,” Betancourt said. Philadelphia. Its staff has grown from 20 to 40 tal gains by investing in projects in qualified Community First and EXPANDING Commonwealth Cor • REPRINTS- Lisa Arnold/PLAQUES to careWe for lookall of forward our patientsover to continuing inthe past five years and it is making more - distressed areas, dubbed opportunity zones. please see access with 2019unlimited and beyond. To learn moredirect loans downloads. to businesses, with volume rising The investments typically will flow through about full, in-network access to [email protected] • 717-323-5213 from about $10 million to $30 million in the UPMC doctors and hospitals, call what are known as qualified opportunity funds. our toll-free help line at 1-833- past three years. Community First has been working to develop 879-5013 or visit UPMC.com/ The nonprofit also has opened new loan offic such funds, which could work in combination federal allocation, the organization’s eighth. - Choice2019. es in Allentown and Philadelphia where it would Group Publisher, Suzanne Fischer-Huettner with other state and federal incentives. The previous seven allocations have helped like to add more people to expand lending. Among the most notable of those is the fund 38 developments in the state, including “We expect to go deeper into markets we are - Copyright Philip 2019 by W. BridgeTower Guarneschelli, Media. All rights reserved. the Hamilton Health Center in Harrisburg, Volume 35,President Number and23. Reproduction CEO or use, without permission, in,” Betancourt said. Lancaster’s Keppel Building and the renova of editorialUPMC Pinnacleor graphic content in any manner, including electronic But depth, he said, requires a bigger team. year — likely mixed-use, commercial and tion of Gettysburg’s Schmucker Hall. reproduction, is prohibited. For licensing, reprints, e-prints and community service projects — with a focus on In the meantime, officials are narrowing plaques, email [email protected]. Authorization to - That starts at the executive level. SUBSCRIBEphotocopy articles for internal corporate or instructional use may TODAY!In addition to adding new execs, the non - - those that exceed $5 million. down mixed-use and commercial projects be obtained from the Copyright Clearance Center at 978-750-8400. - Developers often have to spend more CENTRAL PENN BUSINESS JOURNAL (ISSN1058-3599) is pub- across the state that could receive the tax lished weekly except for the first week of July, the last full week of money to buy and fix up vacant and blighted credits. Part of that selection process could CALL 877-615-9536November and the last full week of December by BridgeTower Me- Tax credit OR plan VISITproperties than they can expect to get back include working with Lancaster-based - dia, 1500 Paxton St., Harrisburg, PA 17104-2633. The periodical post in rental rates once construction is complet Community First Fund, which did not receive age is paid at Harrisburg, PA and at additional mailing offices. POST After being shut out in the last fund - - ed. The New Markets program takes private tax credits this year but has its own backlog MASTER: Electronic ACS Service requested. Send address changes ing round in 2017, Central Pennsylvania will to: Subscription Services, PO Box 1051, Williamsport PA 17703-9940 equity from investors, usually banks, and of projects. Central Penn Business Journal cannot be responsible for the receive a share of 2018 tax credits under a turns that money into gap financing to help The two midstate nonprofits have part - return of unsolicited material with or without the inclusion of a new round of funding from a federal program developers offset some of the construction nered on tax-credit projects in the past, stamped, self-addressed return envelope. Information in this publi- designed to support large urban redevelop [email protected] is gathered from sources considered to be reliable, but the ac costs and keep rents in line with what a local including the redevelopment of the former ment projects: the New Markets Tax Credit. curacy and completeness of the information cannot be guaranteed. real estate market can support. Bulova building in Lancaster. Commonwealth No information expressed herein constitutes a solicitation for the The U.S. Treasury Department last month The investors receive tax credits in return, purchase or sale of any securities. Cornerstone poured $10 million in tax cred awarded $55 million in tax credits to the which count against their federal income its into the project, while Community First Already a Print & Digital Subscriber? Call Pennsylvaniato upgrade Housing Finance Agency’s - NOW!taxes. - added another $8 million. Commonwealth Cornerstone Group, based in Investors can receive credits totaling 39 Folmer said project announcements could Harrisburg. percent of their investment. They can use the come this fall. - Commonwealth Cornerstone’s executive credits over seven years as such: 5 percent CORRECTIONS/ director Charlotte Folmer said the funding per year for the first three years and 6 per will help the nonprofit tackle a hefty pipeline- cent for the next four years. CLARIFICATIONS of projects seeking funding. Folmer said it will be several weeks until “We have over 40 projects requesting The Central Penn Business Journal will cor Commonwealth Cornerstone receives its rect or clarify mistakes made in the publica- over $700 million,” she said, noting that the tion. If you have a question, please call the requests come from across the common www.libn.com editorial department at 717-236-4300. wealth. Folmer said she hopes the tax credits will be able to support about seven projects this NCBA CORPORATE PARTNERS 2020-2021 Nassau County Bar Association Corporate Partners are committed to providing Members with the professional products and services they need to succeed.

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Tradition Title Agency, Inc. is a full-service title company committed to providing law firms with the highest quality of title and other services in a manner that exhibits the greatest standards of professionalism and dedication. Tradition takes great pride in providing title insurance for all residential and commercial real estate. Tradition is a certified women-owned business. Founder Karen Keating has more than 40 years’ experience in the title insurance profession. Tradition is licensed in New York, New Jersey and Pennsylvania and writes for First American, Old Republic and WFG. Tradition also offers an array of CLE classes through the Nassau Academy of Law. Tradition Title Agency Karen Keating (631) 328-4410 [email protected] realtimereporting.com S A V E T H E D A T E Annual Dinner Gala of the Association A U G U S T 4 , 2 0 2 1 N A S S A U C O U N T Y B A R A S S O C I A T I O N M I N E O L A , N E W Y O R K

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Additional details to follow. NCBA We Care Sustaining Members We Acknowledge, with Thanks, 2 0 2 0 - 2 0 2 1 Contributions to the WE CARE Fund DONOR IN HONOR OF The NCBA is grateful for these individuals who Steven Pestyner, son of Scott Pestyner and Dana They Pestyner and Finkelstein Finkelstein, graduating Touro Law School in strongly value the NCBA's mission and its Families January 2021 and passing the New York State contributions to the legal profession. Bar examination in February 2021 Steven Pestyner, son of Scott Pestyner and Dana

Finkelstein, graduating Touro Law School in Erica Lucille Alter Elena Karabatos Hon. Denise L. Sher Margaret Alter Hon. Richard S. Kestenbaum January 2021 and passing the New York State Mark E. Alter Hon. Susan T. Kluewer Bar examination in February 2021 Vanessa P. Anagnostou Martha Krisel In Honor of Christopher T. McGrath receiving Donald F. Leistman Roland P. Brint Michael J. Antongiovanni the DSM from the NCBA Rosalia Baiamonte David I. Levine Marilyn M. Levine In Honor of Hector Herrera receiving the NCBA Ernest T. Bartol Roland P. Brint Howard Benjamin Peter H. Levy President’s Award David M. Lira Jack A. Bennardo M. David Tell’s 60-year anniversary with the Hon. Maxine S. Broderick Gregory S. Lisi Lorraine M. Korth Nassau County Bar Association! Neil R. Cahn Hon. Roy S. Mahon Jeffrey L. Catterson Mili Makhijani Matthew Stupp becoming a member of the Bar Alan W. Clark Peter J. Mancuso Adrienne Hausch Hon. Leonard S. Clark Michael A. Markowitz Association Hon. Lance D. Clarke Tomasina Cuda Mastroianni Richard D. Collins John P. McEntee Michael J. Comerford Christopher T. McGrath Donna-Marie Korth Hon. Ira B. Warshawsky’s 50 years at the Bar Hon. Chris J. Coschignano Anthony J. Montiglio Hon. Eileen Catherine Daly Michael Mosscrop Joseph G. Dell Teresa Ombres Hon. Joseph A. DeMaro Hon. Michael L. Orenstein DONOR IN MEMORY OF Michael DiFalco Lisa M. Petrocelli Laura M. Dilimetin Christian Aaron Pickney Joanne and Hon. Frank Gulotta, Jr. Barbara L. Paltrow John P. DiMascio Jr. Milan Rada Janet Nina Esagoff Michael E. Ratner Joleen C. Barker Bill Mapes Howard S. Fensterman Marc W. Roberts Jordan Fensterman Jamie A. Rosen Andrea DiGregorio Honor Loeb Samuel J. Ferrara Leonard M. Rosenberg Michael G. LoRusso Merrill B. Gugerty, brother of Hon. David J. Ellen L. Flowers Daniel W. Russo Thomas J. Foley William Savino Gugerty and brother-in-law of Hon. Helene F. Lawrence R. Gaissert Jerome A. Scharoff Gugerty Marc C. Gann Stephen W. Schlissel Hon. and Mrs. Angelo Delligatti Pamela Dederer-Pecorelli, wife of Frank Hon. Denise L. Sher Eugene S. Ginsberg Pecorelli Frank Giorgio, Jr. Hon. Peter B. Skelos John J. Giuffre Ira S. Slavit Sullivan Papain Block McGrath Pamela Dederer-Pecorelli, wife of Frank Pecorelli Dorian R. Glover Wiliam J.A. Sparks Coffinas & Cannavo P.C. Alan B. Goldman Jill C. Stone Stephen F. Gordon Sanford Strenger Seymour J. Reisman Marino Francioni, father of Jeffrey Catterson Hon. Frank A. Gulotta Terrence L. Tarver Mary Elizabeth Heiskell Thomas A. Toscano Alan B. Hodish Craig J. Tortora Seymour J. Reisman Hon. Salvatore J. Nicosia Carol M. Hoffman Danielle M. Visvader Hon. Joy M. Watson Warren S. Hoffman Hon. Denise L. Sher Hon. F. Dana Winslow James P. Joseph David Paul Weiss

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Gugerty and brother-in-law of Hon. Helene F. Gugerty Hon. Andrea Phoenix Barbara L. Paltrow

To b ecome a Sustaining IN HONOR OF JAMES WICKS’ APPOINTMENT AS U.S. MAGISTRATE JUDGE Mem ber, please contact Douglas Good Hon. Denise L. Sher Christopher T. McGrath IN MEMORY OF JOEL S. KAPLAN the M embership Office at Thomas Levin Adrienne Hausch Kathleen Wright Patricia Latzman Emily Franchina (516) 747-4070.

IN MEMORY OF HON. SANDRA J. FEUERSTEIN Checks made payable to Nassau Bar Foundation — WE CARE Joanne and Hon. Frank Hon. Susan Katz Richman, Hon. Ruth C. Balkin Gulotta, Jr. Dave Lieberman, Paige, Hon. Andrea Phoenix Michael G. LoRusso and Asa Contributions may be made online at www.nassaubar.org or by mail: IN MEMORY OF EDWARD R. ROBINSON III, PAST PRESIDENT OF THE NCBA Attn: WE CARE NCBA A. Thomas Levin Joanne and Hon. Frank Emily Franchina 15th & West Streets Mineola, NY 11501 Hon. Chris J. Coschignano Gulotta, Jr. Christopher T. McGrath Nassau Lawyer June 2021 23 Arbitration… engagement before the representation result in a confused client. The retainer and appeals are not included because they Continued From Page 7 commences. The engagement letter must should specify what is covered by the are handled on an hourly basis, then the spell out the scope of the services and an fee and should outline the scope of the retainer should explain this. So, if the and time logs detailing their work, which explanation of the fees to be charged. 22 attorney’s representation. For example, client has to hire counsel out of New York can also provide proof that the attorney NYCRR § 1215.2 carves out an exception if an attorney agreed to a flat fee to make for related matters or hire separate counsel gave certain advice and communicated to this Part’s application for fees less some basic inquiries or conduct some in case of a bankruptcy filing, the retainer with a client on a date that the client than $3,000, or where the attorney has basic legal research, explaining that the should specify that the fees a client pays vehemently denies. The attorney is rendered similar services to the same client scope is limited can avoid a client trying another attorney will not be deducted strongly urged to provide the client with a previously and which were paid for by the to convince the arbitration panel that the from the fees due under the retainer. regular statement of fees to avoid “sticker client. attorney agreed to represent the client However, the retainer or engagement shock” attendant with heavily litigated A retainer is different from an for a protracted legal representation at letter is only part of the equation. The matters. engagement letter in that a retainer is that low rate. Equally important is to list attorney should keep contemporaneous NYCRR § 1215.1(a) requires all signed by the client. The retainer should what the fee does not cover and list those time logs. The time logs should be detailed attorneys who represent a client and who clearly explain the fee. For example, stages of the litigation that could arise. If and broken down to the greatest extent will charge a fee to present a letter of mixing flat fees and hourly fees may the retainer is based upon a contingency, possible. To have an entry of simply “five hours,” “legal research,” or “telephone calls to client” will not suffice. The time log should specify what portion was devoted to legal research. The time log should identify the issues researched so as to provide a basis to defend a challenge as to why legal research was necessary at an early stage of the case or done on apparently basic legal issues. The time log should specify whether any portion was computer legal research. The time log should specify the length of the telephone call, who initiated it, and the matters discussed. An attorney, however, needs to be cognizant that attorney billing records are discoverable in matters where a legal fee is being sought as part of damages. Therefore, more generic entries may be appropriate in circumstances where attorney–client confidential matters are the subject matter of the telephone call or meeting. Keeping contemporaneous time logs is important even if the attorney is not billing on an hourly rate. Where an attorney fee is based upon a contingency, an attorney must still justify the reasonableness of the fee or seek quantum meruit after being discharged. It is rare for a court or a panel of arbitrators to merely rubber stamp a contingency fee request. The attorney must demonstrate the reasonableness of the fee based upon the lodestar method. In other words, the attorney must offer time logs. Keeping the time logs but not sending regular statements to the client leads not only to sticker shock, as described above; it also, reduces the chances of being paid. A client can prevail at a hearing if he can demonstrate that he had no idea what the attorney was doing or that the attorney was even working on the case because the attorney never sent any time logs, updates or bills. This makes clients feel alienated and skeptical that the attorney did all that work detailed in the many pages of statements finally produced for the first time at the hearing. Creating a time log for the first time in preparation for a hearing based upon memory, many months after the fact, will often not be helpful in getting the attorney paid. Serving as an Arbitrator The NCBA Conciliation Committee offers an important service to both the legal community and to the public. Members of the NCBA who are interested in becoming arbitrators may sign up to receive training, sit on panels and hear cases

1. See Quinn v. Walsh, 18 A.D.3d 638 (2d Dept. 2005). 24 June 2021 Nassau Lawyer for introducing such evidence, and Spirit of the Amendments 1. United States Courts, Chapter 13—Bankruptcy Basics, Federal… available at https://bit.ly/32i1xIj. Continued From Page 10 must give their notice in writing. Rule The two themes that run through 2. New York State Unified Court System, The 404(b) does not require, however, that these amendments are consistency and Expansion of Electronic Filing: A Report and Recommendations the Government “disclose directly or of the Structural Innovations Working Group (Jan.2021) (A) provide reasonable notice of any conference. Many of the changes are (“NYSCEF eliminates . . . the need for separate proof such evidence that the prosecutor intends indirectly the names and addresses of its minor, but harmonize requirements of service.”), available at https://bit.ly/3agga3b. to offer at trial, so that the defendant has witnesses, something it is currently not 3. Report of the Committee on Rules of Practice and across similar procedures. Others Procedure, House Doc. 116-145, 12 (Aug. 7, 2020), a fair opportunity to meet it; required to do under [Fed. R. Crim. P.] available at https://bit.ly/3uZNhjK. 10 encourage counsel to confer before (B) articulate in the notice the 16.” depositions and trials to resolve issues 4. Id. at 7–8. Historically, what constitutes 5. Nuance Communications, Inc. v. IBM Corp., Civ.A.No. permitted purpose for which the that could arise. This encouragement 16-5173, 2021 WL 602989, *3 n.2 (S.D.N.Y. Feb. 16, prosecutor intends to offer the evidence “reasonable notice” has depended on to counsel to “work it out” appears in 2021). 6. See S.D.N.Y./E.D.N.Y. Local Rule 4(a). and the reasoning that supports the “the circumstances and complexity of the the recent amendments to New York’s prosecution.” 11 In general, courts have 7. Golub v. Trans Union LLC, No. 07 Civ. 6308 (JGK) purpose; and Uniform Rules. All attorneys should (DFE), 2008 WL 2117204, *1 (S.D.N.Y. May 19, (C) do so in writing before trial— found that what constitutes “reasonable carefully review and take advantage 2008). or in any form during trial if the court, notice” under Rule 404(b) is in the range 8. Fed.R.Civ.P. 1. of these amendments, and use them 9. House Doc. 116-145, supra n.3, at 8. for good cause, excuses lack of pretrial of seven to ten days or one to two weeks 10. United States v. Brtek, 2021 WL 195159, *5 (D. 12 to open lines of communications with notice.” prior to trial. Under the amended opposing counsel. The sooner we can Minn. 2021)(quoting Fed. R. Evid. 404(b) advisory rule, however, the test of reasonableness committee’s notes, 1991 Amendments). No longer will it suffice for prosecutors clear away ancillary disputes, the sooner 11. United States v. Johnson, 218 F. Supp. 3d 454, 462 to provide notice “of the general nature is whether “the defendant has a fair we can focus on the material points of (W.D. Pa. 2016), quoted in United States v. Nunez, 2021 of any such evidence.” Prosecutors opportunity to meet it.” WL 1422287, *5 (W.D. Pa. 2021). contention in each litigation. 12. Nunez, 2021 WL 1422287 (citing cases). also must now declare the purpose

items. Unfortunately, simply placing a “I can file an application without an Supp. 2d 489, 496 (S.D.N.Y. 2013) (detailing several Trademark… logos and referring to them as “design marks”); Merck Continued From Page 11 word, phrase, or logo on an item does attorney.” & Co., Inc. v. Mediplan Health Consulting, Inc., 425 F. 17 not necessarily signify trademark usage. Technically, this is not a myth. You can Supp. 2d 402, 407 (S.D.N.Y. 2006) (describing a design If you go into a large department store mark as a “stylized logo”). BAND-AID brand bandages, KLEENEX file an application without an attorney, 5. EMI Catalogue P’ship v. Hill, Holiday, Connors, tissues, XEROX copiers, etc. you will see dozens of graphic t-shirts, but many people who have filed on their Cosmopulos Inc., 228 F. 3d 56, 62 (citing Qualitex Co. v. all with various sayings and phrases Jacobson Prods. Co., 514 U.S. 159, 162 (1995)). “I want my trademark to protect own and, unfortunately, have made the 6. Yurman Design, Inc. v. Paj, Inc., 262 F. 3d 101, 115 (2d on them. However, most consumers everything!” type of errors that are not fixable and are Cir. 2001); Fun-Damental Too, LTD. v. Gemmy Indus. Corp., recognize these things as ornamentation forced to start over. For example, once an 11 F. 3d 993, 999 (2d Cir. 1997). As a designation of the source, a on the item, not the brand or the source 7. Qualitex Co. 514 U.S. at 162-164; Malletier v. Dooney & application is filed with a particular list of Bourke, Inc., 525 F.Supp.2d 558 (S.D.N.Y. 2007). trademark must be associated with of the goods. goods or services, an applicant may not 8. GBL § 301. particular products and services.16 A 9. Polaroid Corp. v. Polarad Elecs. Corp., 287 F.2d 492 (2d “An International Registration means I add or expand that list, though they may person who is selling a variety of clothing Cir. 1961). have worldwide rights." delete, limit, or clarify, if necessary.19 10. Malletier v. Burlington Coat Factory Warehouse Corp., items is unlikely to be confused with It is never a good feeling to have to 426 F.3d 532, 537-538 (2d Cir. 2005). a person who is selling tractors and Although there is such a thing as an 11. TCPIP Holding Co. v. Haar Commc’ns, 244 F.3d 88, start the entire process from scratch 100-102 (2d Cir. 2001). trailers, even if those companies are International Registration, the name and pay another fee to the government 12. GTFM, Inc. v. Solid Clothing, Inc., 215 F. Supp. 2d using the same exact trademark. What is a bit misleading. An International 273, 300-301 (S.D.N.Y. 2002). because you did not fully understand the the products are is important to the Registration is a mechanism that 13. Id. process. Hire a lawyer to help you and 14. Trademark Manual of Examining Procedure (TMEP) likelihood of confusion analysis, and it allows you to extend your rights fom avoid these errors. §1200 (October 2018). is often overlooked by people looking to one country into another with a single 15. 15 USC § 1127. 18 16. Id. monopolize a word on everything. application. However, the individual 1. GBL § 360; 15 U.S.C. §1127; Two Pesos, Inc. v. Taco 17. Damn I’m Good, Inc. v. Sakowitz, Inc., 514 F. Supp. People also incorrectly assume that countries will still determine whether you Cabana, Inc., 505 U.S. 763, 779 (1992); The Sports 1357, 1360 (S.D.N.Y. 1981). by placing a word or phrase on a t-shirt, meet their specific requirements with Authority, Inc. v. Prime Hospitality Corp., 89 F.3d 955, 960 18. International Trademark Rights, International (2d Cir. 1996). Trademark Assn. (Nov. 14, 2020), available at https:// coffee mug, hat, or similar item, they are obtaining a registration. 2. Two Pesos, Inc., 505 U.S. at 786. bit.ly/3eLw20i. protecting the name on these and other 3. The Sports Authority, 89 F.3d at 961. 19. TMEP §1104.10(b)(iii). 4. See, e.g., Juicy Couture, Inc. v. Bella Int’l Ltd., 930 F.

for practitioners to consider counseling Management Inc. v. Janien, 82 N.Y.2d 395, 407 (1993)). parties controlled). Trade Secrets… 7. Examples of analyses of DTSA and New York 17. 18 USC § 1833(b)(1). Continued From Page 8 their clients to take steps to maintain the trade secret claims by courts include Iacovacci v. Brevet 18. E.J. Brooks Co. v. Cambridge Security Seals, 31 N.Y.3d secrecy of their unpatented proprietary Holdings, LLC, 437 F. Supp. 3d 367 (S.D.N.Y. 2020); 441, 454 (2018). 29 technology developed in their business Data Device Corp. v. W.G. Holt, Inc., No. 19-CV-4105 19. Id. requested seizure. (JS)(ARL) (E.D.N.Y. November 30, 2020); Oneida 20. Id. at 450. Following issuance of a seizure order and to enforce any theft of that Group Inc. v. Steelite International U.S.A. Inc., No. 17-cv- 21. 18 USC § 1836(b)(3)(B)(i). under the federal DTSA, the Court technology, if necessary. 0957 (ADS)(AKT) (E.D.N.Y. December 15, 2017). 22. 18 USC § 1836(b)(3)(C). 8. See Broker Genius, Inc. v. Zalta, 280 F. Supp. 3d 495, 23. 18 USC § 1833(b)(3(D). is required to hold a seizure hearing 510 (S.D.N.Y. 2017). 24. 18 USC § 1836(b)(3)(C). wherein the party who obtained the 1. 18 USC § 1831 et seq. 9. 18 USC § 1839(5). 25. 18 USC § 1836(b)(3)(A). 2. 18 USC § 1838. 10. 18 USC § 1839(6). 26. 18 USC § 1836(b)(3)(B)(ii). seizure order has the burden to prove 3. See Iacovacci v. Brevet Holdings, LLC, 437 F.Supp.3d 30 11. iSentium, LLC v. Bloomberg Finance L.P., 20 27. 18 USC § 1836(b)(3)(A)(iii). the facts underlying the order. 367 (S.D.N.Y. 2020); Syntel Sterling Best Shores U.S.P.Q2d 15989 (S.D.N.Y. 2020) (citations omitted). 28. 18 USC § 1836(b)(2)(A)(i). Mauritius Ltd. v. Trizetto Group, Inc., No. 15-CV- 12. Id. (citations omitted). 29. 18 USC § 1836(b)(2)(A)(ii). Civil seizure may be ordered only in 211 (LGS) (RLE) (S.D.N.Y. September 23, 2016). 31 13. 18 USC § 1836(d). 30. 18 USC § 1836(b)(2)(F). “extraordinary circumstances.” 4. 18 USC § 1839(3). 14. CPLR § 214; see Inspired Capital, LLC v. Conde 31. 18 USC § 1836(b)(2)(A)(i). 5. See, e.g., Ashland Management Inc. v. Janien, 82 N.Y.2d Nast, 2019 U.S.P.Q.2d 183755 (S.D.N.Y. 2019). CONCLUSION 395, 407 (1993). 15. 18 USC § 1836(d). 6. See, e.g., Broker Genius, Inc. v. Zalta, 280 F. Supp. 16. iSentium, LLC v. Bloomberg Finance L.P., 20 The expansive remedies provided by 3d 495, 513-514 (S.D.N.Y. 2017) (citing Ashland U.S.P.Q2d 15989 (S.D.N.Y. 2020) (one-year period the federal DTSA make it worthwhile specified in Development Agreement between the

Virtual… Second Department is livestreamed and Austin mentioned that, to the best of Department, should consider watching Continued From Page 5 archived for public view so an attorney’s his knowledge, the Appellate Division, their prior virtual argument, or the audience may extend well beyond the Second Department may transition to virtual arguments of others to get a do not distract the Court by speaking. Court to include peers, clients and a hybrid system sometime in the near better sense of what the Court sees, Practitioners should also be sure to wait potential clients. Attorney preparedness future. Chief Clerk Kenny indicated that as well as the practices that work until the end of the virtual appearance and professionalism are crucial for that the Appellate Term, Second Department and do not. By heeding the panels' before signing off. The panel recalled separate and independent reason. would likely follow the Appellate Division, advice, and analyzing prior archived situations where judges had follow-up As a final takeaway, virtual practice Second Department’s lead, transitioning arguments, attorneys can improve their questions at the end of the argument seems to be here to stay. The panel to a hybrid system later this fall. virtual courtroom professionalism and for attorneys who had left prematurely. predicted that virtual appearances will In light of the foregoing, attorneys assist the Court in seeing and hearing Also, practitioners should be mindful continue in the Second Department that have argued, or plan to argue arguments more clearly and effectively. that argument in the Appellate Division, for the foreseeable future. Justice before the Appellate Division, Second Nassau Lawyer June 2021 25 Mandatory Mediation… parties after initial sessions to question, issues, the motivations, the pressure understand the mediation process, the Continued From Page 3 cajole, and discuss ideas often plays a points and the risks of litigation, mediator’s role, and the confidentiality critical role in enabling a case to settle. the participants must be assured the of the discussions. Mediation proceeds new laws, and new ideas about Mediators often continue caucusing with discussions cannot and will not be based on an understanding that the mediation practice. This helps mediators parties between sessions, through follow disclosed to others so they can address mediation discussions are and will be sharpen their skills and stay abreast of up phone calls, emails or Zoom calls issues openly. Frequently, some of the kept confidential. Despite mediation developments. Moreover, the programs that keep the parties communicating motivating forces behind lawsuits are confidentiality, courts are increasingly typically also offer free mediation training and developing new approaches to a legally irrelevant and yet exceptionally asked to enforce settlement agreements programs in various areas of law. resolution. It is sometimes the case that important to understanding the conflict reached in mediation jeopardizing Mediators in these programs are given a party needs to sleep on and reflect what and facilitating resolution. confidential mediation discussions. wide latitude in handling cases and often they learned during a mediation session. Frequently, clients disclose private Conclusion act as de facto magistrates. Since cases A mediator will often ask the parties if events, perceptions or issues in are usually sent to mediation before they may reach out to the parties after mediation they would not want Due to the high success of the various discovery, the mediator and the parties the mediation has concluded. disclosed to anyone. Explaining their programs in both the state and federal typically figure out what discovery is Lawyers and judges expect to be paid concerns and fears is often critically courts in New York, litigants and counsel needed before a productive mediation for their work. Both the WDNY and important to them to resolve the should welcome the opportunity to session can be held. In the SDNY, NDNY rules require that mediators conflict. If discussions with the mediator utilize these often lower or free programs parties are required to produce certain be paid, though they also require pro are not confidential and privileged, to resolve cases more quickly and cost- discovery prior to the mediation. In bono work so that parties who cannot the mediation process, the mediator’s efficiently. addition, addressing discovery matters afford to pay can also participate. The role and the potential for resolution are 1. See 1983 amendments to FED. R. CIV. P. §16(c)(7) with the parties often encourages an EDNY program provides for limited significantly diminished. and Advisory Committee Notes. informal working relationship between compensation. The SDNY program In preparing for mediation, attorneys 2. 28 U.S.C. §§ 471–482 (2006) the parties and the mediator, which can offers no compensation, and all typically explain to their clients that 3. 28 U.S.C. §§ 651–658 (2006). The Act lists mediation as an appropriate ADR process at § 651(a). later facilitate the settlement process. mediators participating in the program mediation is confidential. Stating things 4. See Alternative Dispute Resolution at the The most obvious role of the work for free. It is beyond the scope of like: “[t]hese are settlement discussions Department of Justice, U.S.DEP’T JUST., https:// www.justice.gov/archives/olp/alternative-dispute- mediator is facilitating discussions this article as to which programs are and cannot be disclosed in court,” resolution-department-justice. between the parties and showing each more successful, however, it could be and “[y]ou can feel free to talk to the 5. Id. side the strengths and weaknesses of argued that where the parties have some mediator. She won’t disclose it to the 6. Id. 7. https://bit.ly/3tenZND their respective cases. Many times, a “skin in the game”, they are more likely other side if you tell her the information 8. Id. party needs to hear these things from to work to resolve the issues and come to is confidential.” In the opening session of 9. Id. 10. Id. a neutral third party thus making the a successful resolution. the mediation conference, the mediator 11. Id. mediation go more smoothly. Confidentiality is a critical element typically explains that the discussions are 12. See generally Press Release, Lawrence K. Marks, While many cases get resolved in a of successful mediation. In order and will be kept confidential. Chief Admin. Judge, Court System to Implement Presumptive, Early Alternative Dispute Resolution for single mediation session, others do not. for the mediator, the attorneys, and All participants typically sign a Civil Cases (May 14, 2019), https://bit.ly/3aYramh The ability of mediators to contact the clients to understand the central confidentiality agreement stating they

Mediation… Continued From Page 9

Adaptability allows a mediator to smoothly shift his questioning and approach techniques according to the environment and personality of the party. The combination of adaptability, patience, and tact allow a mediator to refrain from becoming easily discouraged by opposition, noncooperation, or other difficulties so that he can pursue a matter to a successful conclusion or capitalize on leads to other valuable information. The skills and characteristics that define a strong mediator are coveted, transferable, and invaluable. While attorneys are zealous advocates for their clients by oath, attorneys must be their own advocates within the legal profession. An attorney-mediator is arguably a more marketable attorney because of the network and additional skills they can develop. Firms benefit alertness, and patience among others herself also serves as a marketing tool for to bridge the generational gap among from having well-known and well- discussed in this article. While these the law firm. The need to be empathetic attorneys in the profession as well as trained attorney-mediators on board. skills are necessary to be a successful as a mediator will encourage an attorney within law firms. Therefore, junior attorneys should mediator, they bring value to the to be more personable in a professional practice of law as well. Attorneys who setting when interacting with clients and 1. https://digitalcommons.pepperdine.edu/cgi/ seek out opportunities to become viewcontent.cgi?article=1261&context=drlj mediators, while law firms encourage practice in almost any area of law, can colleagues. Additionally, being a mediator 2. Chief Justice Carrico (The Virginia Pilot, benefit greatly from honing these skills. can serve as a welcome outlet and break March 27, 1995). and support that ambition. 3. Hon. Robert L. Harris, Sr. (Richmond Circuit Similarly, the return on investment from the traditional stresses of lawyering. Court, retired) The Journal of the Virginia Trial Advocacy at its Best for law firms who employ attorney- Serving as a mediator and helping Lawyers Association, Spring 1998. mediators or support associates while parties find swift, amicable solutions to 4. https://blog.herzing.ca/kompass-online- There is conflict in almost any training/5-good-reasons-to-become-a-mediator- workplace and having the aptitude they become mediators is apparent. their problems can be cathartic, possibly how-to-get-started Attorney-mediators can utilize these skills improving mental health and providing 5. https://blog.herzing.ca/kompass-online- to resolve it is a valuable addition to training/5-good-reasons-to-become-a-mediator- your professional skill set. But the to better connect with clients, engage some clarity for lawyers. The promotion how-to-get-started overarching ability to diffuse tension new clients, represent, and advocate of mental health and wellness may result 6. https://www.mediate.com/articles/imperati1. for their clients, and communicate with in better work product and morale within cfm and facilitate an amicable solution 7. https://www.mediate.com/articles/imperati1. requires critical thinking, problem- their colleagues within their firm as well the firm. Lastly, as the legal landscape cfm solving, strong communication, as opposing counsel. The reputation continues to evolve and move towards 8. https://www.mediate.com/articles/imperati1. cfm empathy, self-reflection, objectivity, an attorney-mediator makes for him or online services, mediation may serve 26 June 2021 Nassau Lawyer

HOW YOU CAN HELP THE WE CARE FUND? MAKE A DONATION Show your support for the WE CARE Fund by making adonation today by visiting nassaubar.org/donate-now. AMAZON SMILE Do your regular online shopping using smile.amazon.com and HOW YOU CAchooseN Nassau BarFoundation, Inc. as your charity of choice.HOW YOU CAN HELP THE Amazon willdonate 0.5% of eligible purchases to WE CARE! HELP THE WE CARE FUND WE CARE FUND Lyndon… continue to this day. Vietnam proved unsustainable is axiomatic. Like most Still, the ramifications of the Johnson Continued From Page 13 to be LBJ’s undoing, politically and Americans, he thought the United presidency have left their imprint. LBJ MAKE A DONATION personally. States was so rich and so powerful it remains a consequentialMAKE A if D controversialONATI ON The same parliamentary prowess that In January 1968, Viet Cong and could do anything and everything. It figure from our history. Under his Show your supportguided for Johnson’sthe WE CAREdomestic Fund program by making North a Vietnamese forces launched the was pure hubris. Showstewardship, your support halting for progress the WE was CARE made Fund by making a donation today bywould visiting lead nassaubar.org/donate-now to his undoing in the realm Tet. Offensive. While the Tet Offensive Failing to pay for military donationtoward today that moreby visiting perfect nassaubar.org/donate-now union long . of foreign affairs. failed militarily, it was a psychological expenditures in Vietnam while promised. Lyndon Johnson’s legacy LBJ was confronted with two victory. Tet turned the opinion of simultaneously increasing domestic endures, even if his name is half- unpalatable alternatives in Vietnam: the American political establishment spending, LBJ’s policies resulted in the forgotten. AeitherMA commitZON ground SMI LforcesE or against the war. LBJ, defeated and out-of-control inflation of the 1970’s. AMAZON SMILE surrender to the communists. If he deflated, was desperate for a way out. More pointedly, by enlarging the 1. Lyndon B. Johnson, “Let Us Continue” (Nov. 27, Do your regular online shopping using 1963) Doat voicesofdemocracy.umd.edu. your regular online shopping using chose the former, he would be an On March 31, LBJ announced a role and scope of the state, Johnson smile.amazon.com and choose Nassau Bar smile.amazon.com2. Jack Valenti, Looking Back How theand 1965 choose Voting Nassau Bar imperialist. If he did the latter, he bombing halt and his intention to unleashed a dynamic that could Rights Act Changed America at www.washingtonpost. Foundation, Inc.would as your be ancharity appeaser. of choice.The shadow Amazon of will Foundation,com. Inc. as your charity of choice. Amazon will pursue peace talks. At the end of his ultimately result in the nation’s fiscal 3. Michael O’Donnell, “How LBJ Saved the Civil donate 0.5% ofNeville eligible Chamberlain purchases at Munich to WE hungCARE! televised address, Johnson declared undoing. donateRights Act at 0.5% www.theatlantic.com of eligible. purchases to WE CARE! heavy over Johnson’s generation, so he he would not seek reelection. It was Lyndon Johnson died on January 4. Ted Gettinger and Allen Fisher, LBJ Champions the Civil Rights Act of 1964 at www.nationalarchives.gov. sent in the troops. an abdication in all but name. His 22, 1973 a forlorn figure. He was a 5. Id. American military personnel presidency became one more casualty complicated man who needs to be 6. O’Donnell, supra. increased from 16,000 advisors under 7. The Civil Rights Act of 1964 at millercenter.org. of the Vietnam war. assessed warts and all. He believed that 8. O’Donnell, supra. JFK to more than half-a-million By then LBJ had put the country in by passing a law and allocating money 9. Presidential Election of 1964 at www.270towin. combat troops by the time Johnson left a perpetually precarious position. The any problem could be remedied. Fifty com. 11 10. The 89th Congress at acsc.lib.udel.edu. office. Eventually, the war cost more war Johnson wanted to fight was the years later, the problems still persist, 11. Jack Valenti, LBJ’s Unwinnable War (November than 58,000 American lives, bitterly War on Poverty. He tried to have both and Americans are far less sanguine 28, 2001) at www.washingtonpost.com. dividing the nation. Divisions which guns and butter, that such a situation is about the efficacy of government.

PUBLICATIONS PLAINTIFF'S PERSONAL INJURY APPELLATE PRACTICE Rudy Carmenaty/Andrea M. DiGregorio David J. Bary Jackie L. Gross NCBA Committee Thursday, June 3 Tuesday, June 15 Thursday, June 17 Meeting Calendar June 1, 2021 - 12:30 p.m. 12:30 p.m. 12:30 p.m. June 24, 2021 SURROGATE'S COURT ESTATES & TRUSTS ALTERNATIVE DISPUTE RESOLUTION DIVERSITY & INCLUSION COMMITTEE Please Note: Committee Meetings are for NCBA Members. Dates and times are subject to change. Brian P. Corrigan Marilyn K. Genoa/Jess Bunshaft Rudy Carmenaty/Sherwin Saffir Check www.nassaubar.org Thursday, June 3 Tuesday, June 15 Thursday June 17 for updated information. 5:30 p.m. 12:30 p.m 6:00 p.m.

CIVIL RIGHTS BUSINESS LAW, TAX AND ACCOUNTING ANIMAL LAW BANKRUPTCY LAW / ENVIRONMENTAL LAW Bernadette K. Ford Jennifer L. Koo/Scott L. Kestenbaum Kristi DiPaolo Neal H. Ackerman/Nicholas C. Rigano Tuesday, June 8 Wednesday, June 16 Tuesday, June 22 Tuesday, June 1 12:30 p.m. 12:30 p.m. 6:00 p.m. 12:30 p.m. LABOR & EMPLOYMENT LAW ASSOCIATION MEMBERSHIP ELDER LAW SOCIAL SERVICES HEALTH REAL PROPERTY Matthew Weinick Michael DiFalco ADVOCACY Alan J. Schwartz Tuesday, June 8 Wednesday, June 16 Katie A. Barbieri/Patricia A. Craig Wednesday, June 2 12:30 p.m. 12:45 p.m Thursday, June 24 12:30 p.m. 6:00 p.m. MATRIMONIAL LAW EDUCATION LAW COMMUNITY RELATIONS & PUBLIC Samuel Ferrara John Sheehan/Rebecca Sassouni EDUCATION Wednesday, June 9 Thursday, June 17 Joshua D. Brookstein 5:30 p.m. 12:30 p.m. Thursday, June 3 12:30 p.m. MONDAY, SEPTEMBER 20, 2021 DON’T MISS THE 2021 SPECIAL PUBLICATION FEATURING THIS BUSINESS YEARS HONOREES IN THE JUNE FINANCE 25 EDITION OF LONG ISLAND AWARDS& BUSINESS NEWS CONGRATULATIONS TO OUR HONOREES CHRISTOPHER CAPORALE KATHY O’BRIEN The Long Island Coalition Against Bullying Jefferson’s Ferry Life Plan Community LAURA CONDULIS JOHN PELLITTERI Island Harvest Food Bank Grassi Advisors & Accountants ELIZABETH CUSTODIO JAMES PERRINO People’s United Bank Adelphi University GREGORY N. FERRARIS GNFerraris LLC JOSEPH PERRY Marcum LLP HARLAN FISCHER Branch Financial Services, Inc. RICHARD PERSUAD ACRES Capital Corp. COLETTE FREY-BITZAS PPS Advisors, American Portfolios ANTHONY RUSSO Long Island Board of REALTORS ROB GILMAN Anchin Accountants and Advisors MARK STONE Sales Tax Defense LLC JAKE IVRY Esquire Bank BRITTANY STUMP RHONDA KLCH J.P. Morgan Private Bank Equity First Consultants JOE TEDESCO MARK KRAVIETZ Ocean Financial Federal Credit Union ALINE Wealth, Hightower Advisors NICK THEOS BONNIE MANN FALK UHY LLP Berdon LLP MARY ANN VASSALLO STEPHEN MCCARTHY Federation of Organizations Family and Children’s Association DENISE MCGLONE JAMES WEBSTER Teachers Federal Credit Union ROK Financial BILLY MUEGER PATRIZIA ZANABONI Ernst & Young LLP Sea Tow Services International

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