Tucker Arensberg, P.C.

Contact
Share
Info
1500 One PPG Place
Pittsburgh, PA 15222, United States
Phone: (412) 594-5583
Fax: (412) 594-5619
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Pennsylvania
Number of Attorneys
50-100 Attorneys

United States Supreme Court Confirms Works of Art Incorporated Into Useful Articles Are Protected Under Copyright Law

Copyright law has long provided protection for original works of art. There has been some uncertainty as to whether this protection is extended to artistic features that are incorporated into useful articles, which are not…more

Cheerleaders, Copyright Infringement, Fashion Design, SCOTUS, Separability

See all updates »

Identifying and Managing Corporate Risk from Internal and External Stressors

I’ve been asked the same simple question time and time again by clients who are faced with litigation – How did this happen? Sometimes they are referring to a looming dispute over large accounts receivable, employee misconduct,…more

Buy-Sell Agreements, Data Breach Plans, Document Retention Policies, Employer Liability Issues, Risk Assessment

See all updates »

Changes to the PA Uniform Planned Communities Act and the Uniform Condominium Act.

Governor Wolf recently signed into law House Bill No. 1340 of 2015 which amends both the Uniform Planned Communities Act and Uniform Condominium Act. The two statutes are complementary and have substantially similar provisions…more

Amended Regulation, Condominium Associations, Governor Wolf, Homeowners' Association, Planned Communities

See all updates »

HHS Publishes Health Care Cyber Attack Checklist

HHS has published a very brief guide, in the form of a checklist, to explain the steps for a HIPAA covered entity or business associate to take in response to a cyber related security incident. You can access the checklist at…more

Business Associates, Covered Entities, Cyber Attacks, HHS, HIPAA

See all updates »

DOL Finalizes Delay of Fiduciary Rule

The DOL has finalized regulations extending the applicability date from April 10 to June 9, 2017, for the new “Fiduciary Rule,” which defines who is a fiduciary under ERISA and the tax code. The new regulations will be published…more

DOL, ERISA, Fiduciary Rule, Time Extensions

See all updates »

Commonwealth Court Orders Teacher Reinstated When The School Board Fails To Strictly Comply With Statutory Procedures For Dismissing The Tenured Teacher

Vladimirsky v. School District of Philadelphia, 144 A.3d 986 (Pa. Commw. Ct. 2016). The Commonwealth Court held that a tenured teacher has a constitutionally protected interest in his (or her) employment and can only be…more

Administrative Hearings, Collective Bargaining Agreements (CBA), Hiring & Firing, Public Schools, Reinstatement

See all updates »

Nursing Homes Finally Score a Victory: the Supreme Court of the United States Rules that States May Not Treat Arbitration Agreements Differently than Other Contracts

As blogged about before, the nursing home industry has long been under fire for the arbitration agreements used as part of the industry’s admissions process. Yesterday, in a victory for the industry, the Supreme Court of the…more

Arbitration Agreements, Federal Arbitration Act, Nursing Homes, Power of Attorney, SCOTUS

See all updates »

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as requests for reasonable accommodations under the ADA.

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a…more

ADA, FMLA, FMLA Abuse, Hiring & Firing, Reasonable Accommodation

See all updates »

Property Owners: Be Aware of Upcoming Washington Country Tax Reassessment

To culminate a process that has been years in the making, in February 2016, Washington County will be issuing notices to real estate owners showing their new property assessments. Because county, municipal and school district…more

Fair Market Value, Municipalities, Property Owners, School Districts, Tax Assessment

See all updates »

A Homeowner’s Mortgage Insurance Obligation is Not Modified by a Mortgage Modification

Mortgage insurance can be an expensive proposition for homeowners at the same time that it provides assurance to lenders. Whether the term of paying insurance premiums can be extended as the result of a mortgage modification…more

Appeals, HAMP, Homeowners Protection Act., JPMorgan Chase, Loan Modifications

See all updates »

When the Friendly Government Inspector Arrives

When I used to work in the Office of Chief Counsel for the Commonwealth of Pennsylvania, I would see it all the time. A government agency institutes an investigation. An investigator may have been provided information by a…more

Employer Liability Issues, Government Investigations

See all updates »

Top 10 Red Flags for Potential Export Violations

If your business exports goods or services, it cannot afford to run afoul of the Commerce Department’s Export Administration Regulations (EAR). Criminal penalties can reach up to 20 years imprisonment and $1 million per…more

BIS, Export Administration Regulations, Exports, Risk Management

See all updates »

Urgent Captive Insurance Alert: IRS Lists 831(b) Micro-Captives as “Transaction of Interest”

On November 1, 2016, via Notice 2016-66 (2017-47 IRB) (link to notice), the Treasury Department and IRS declared certain captive insurance transactions under Code section 831(b) as “transactions of interest.” Commonly referred…more

Captive Insurance Company, Deadlines, Disclosure Requirements, IRS, Related Parties

See all updates »

Transgender Student Developments

The legal landscape regarding transgender student rights in public schools continues to evolve. Within the last week, several developments have occurred: ..On February 22, 2017, the U.S. Departments of Education and Justice…more

Department of Education, Gender Identity, Gloucester County School Board v G.G., Public Schools, School Restrooms

See all updates »

Competition for Medical Marijuana Permits Gets Tighter

At a news briefing yesterday held by Pennsylvania Secretary of Health Karen Murphy, the state announced that it will be issuing up to 27 dispensary permits and 12 growers/processor permits as part of the initial phase of the…more

Decriminalization of Marijuana, Dispensaries, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

See all updates »

Choosing Between Litigation And Arbitration – What’s At Stake?

The costs of litigation have risen dramatically in the past 10 to 20 years. Many factors contribute to that rise, including expanded discovery processes, the proliferation of electronic data storage, and the costs associated…more

Arbitration, Legal Costs

See all updates »

Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in EEOC…more

Civil Rights Act, EEOC, Sexual Orientation Discrimination, Title VII

See all updates »

Urgent Captive Insurance Alert: IRS Lists 831(b) Micro-Captives as “Transaction of Interest”

On November 1, 2016, via Notice 2016-66 (2017-47 IRB) (link to notice), the Treasury Department and IRS declared certain captive insurance transactions under Code section 831(b) as “transactions of interest.” Commonly referred…more

Captive Insurance Company, Deadlines, Disclosure Requirements, IRS, Related Parties

See all updates »

Pennsylvania awards permits to 12 Grower/Processors

The Pennsylvania Department of Health announced this afternoon the permits being awarded to the first 12 grower/processors for medical marijuana in the Commonwealth. As if announcing the 12 of the 177 applicants was not drama…more

Department of Health, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana, Operational Permits

See all updates »

Business Listing Scams

You should be aware, and make your employees aware, of a new fraud that is hitting businesses, big and small, all over the country. It is commonly referred to as a Business Listing Scam…more

Fraud, Public Listing, Scams

See all updates »

U.S. Department of Labor Issues New Overtime Rule

The Other Shoe has Dropped. The U.S. Department of Labor has just issued a long-awaited Final Rule that expands the right to overtime pay to over 4 million workers who are currently exempt. Under this Final Rule, which…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

See all updates »

How Salable Is Your Business?

For most entrepreneurs, their retirement plan is to sell the business and use the proceeds to fund their retirement life style. They don’t want to hear that their business isn’t salable. …more

Entrepreneurs, Retirement Plan, Sales

See all updates »

Jury Awards $2.1 Million in Slip and Fall Case

Juries in Allegheny County, Pennsylvania have been perceived as being relatively conservative and “Defendant-friendly” in terms of awarding compensation in personal injury cases. This trend has been constant since the early…more

Bodily Injury, Comparative Negligence, Jury Awards, Negligence, Slip and Fall

See all updates »

Another Round! – Second Set of Changes to Liquor Code Take Effect on January 16, 2017

Although short of complete liquor privatization in Pennsylvania, 2016 saw some of the most significant changes to the Commonwealth’s liquor laws in decades. In June of 2016, House Bill 1690 went from a bill that was dead in the…more

Amended Regulation, Breweries, Governor Wolf, Licensing Rules, Liquor Control Acts

See all updates »

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National Labor…more

Audio Recording, NLRA, NLRB, Protected Concerted Activity, Section 7

See all updates »

Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in EEOC…more

Civil Rights Act, EEOC, Sexual Orientation Discrimination, Title VII

See all updates »

2018 Health Savings Account Figures Released

Earlier this month, the IRS released the 2018 inflation-adjusted figures for contributions to Health Savings Accounts (HSAs). As a reminder, HSAs are individual accounts that may be used for reimbursement of certain health care…more

Employee Benefits, Employer Group Health Plans, Health Insurance, Health Savings Accounts, IRS

See all updates »

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the…more

Appeals, Equal Access, Public Schools, School Districts

See all updates »

Competition for Medical Marijuana Permits Gets Tighter

At a news briefing yesterday held by Pennsylvania Secretary of Health Karen Murphy, the state announced that it will be issuing up to 27 dispensary permits and 12 growers/processor permits as part of the initial phase of the…more

Decriminalization of Marijuana, Dispensaries, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

See all updates »

The Importance of Brand Identity and Trademark Protection for Breweries and Wineries

Too often, small startups, including brewery and winery businesses, only consider protection of their brands and other intellectual property as an afterthought. With hundreds of new wineries and craft breweries developing across…more

Breweries, Corporate Branding, Intellectual Property Protection, Popular, Startups

See all updates »

DOL Finalizes Delay of Fiduciary Rule

The DOL has finalized regulations extending the applicability date from April 10 to June 9, 2017, for the new “Fiduciary Rule,” which defines who is a fiduciary under ERISA and the tax code. The new regulations will be published…more

DOL, ERISA, Fiduciary Rule, Time Extensions

See all updates »

Private Sale Of Real Property Voided Where District Rejected “Substantially Higher” Offer From Charter School

In re: Private Property Sale by the Millcreek Township School District, 143 A.3d 1037 (Pa. Commw. Ct. 2016) (Decided July 20, 2016). The Commonwealth Court of Pennsylvania reversed the decision of the trial court which had…more

Public Land, Public Property, Real Estate Market

See all updates »

Environmental Issues and the Presidential Candidates: How Will The Incoming President Affect My Business?

With all the hype surrounding the 2016 presidential candidates (and their Twitter accounts), it seems that environmental issues are getting lost in the noise. The two leading candidates, however, could not be more divided on…more

Clean Power Plan, Climate Change, Environmental Policies, Hillary Clinton, Presidential Elections

See all updates »

Important Notice For Initial Claim Denial/Acceptance

The initial report of a possible work injury must be handled carefully by the employer and/or its insurance carrier in order to avoid a scenario where an “accepted” claim should have been “denied” and vice versa. For decades,…more

Reporting Requirements, Workers' Compensation Claim, Workplace Injury

See all updates »

Tucker Arensberg Vindicates Rights of Government Landlords In Bankruptcy Appeal

Attorneys Michael Shiner and Irving Firman obtained a successful decision on appeal confirming the right of a governmental landlord to evict tenants following rejection of leases in bankruptcy. The Housing Authority sought a…more

Appeals, Consumer Bankruptcy, Declaratory Judgments, Public Housing Authorities, Section 365

See all updates »

Website Operators Must Use New Online System to Qualify for DMCA Safe Harbor

On December 1, 2016, online service providers (including most website operators, cloud service providers and online communication services) must qualify for the Digital Millennium Copyright Act (“DMCA”) safe harbor by using a…more

Designated Agent, DMCA, Internet Service Providers (ISPs), Popular, Safe Harbors

See all updates »

Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Chapter 13 Conversions, Chapter 7

See all updates »

Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Chapter 13 Conversions, Chapter 7

See all updates »

EPA Endorses Upgraded All Appropriate Inquiry Standard

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. …more

ASTM, CERCLA, Due Diligence, Environmental Policies, EPA

See all updates »

Pennsylvania Court Confirms That School Districts May Target High Value Properties When Appealing Tax Assessments For The Purpose Of Increasing Revenue Without Violating The Uniformity Clause Of The Pennsylvania Constitution

Valley Forge Towers Apts. N, LP v. Upper Merion Area School District, 124 A.3d 363, 365 (Pa. Commw. Ct. 2015). The Pennsylvania Commonwealth Court holds that when a school district has reasonable and financial considerations of…more

Appeals, Arbitrary and Capricious, Discriminatory Effects Rule, Property Tax, School Districts

See all updates »

Latest Legal Developments On Student Searches

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school…more

Fourth Amendment, School Districts, Search & Seizure, Students

See all updates »

Lifting the Curtain on Union Organizing Campaigns

Office of Labor-Management Standards (OLMS) Final Rule on Persuader Reporting Increases Transparency for Workers - The Persuader Final Rule realigns the Department’s regulations with the text of a law passed by Congress,…more

Collective Bargaining, Final Rules, LMRDA, OLMS, Persuader Rules

See all updates »

Pennsylvania Commercial Power of Attorney Problems Fixed by Act 103 of 2016

It took almost 2 years, but finally this past October 2016, technical corrections were signed into law to address the problems for commercial powers of attorney that arose by virtue of the 2014 Amendments to the Title 20 PA…more

Commercial Loans, Financial Institutions, Notary Certificates, Power of Attorney

See all updates »

Phase II of HIPAA Audits Underway

The HHS Office for Civil Rights (“OCR”) recently published an announcement describing the next phase of HIPAA audits of covered entities and business associates. As part of this second phase of the audit program, OCR will be…more

Business Associates, Covered Entities, HIPAA, HIPAA Audits, OCR

See all updates »

National Health Care Decisions Day

National Health Care Decisions Day, for its 10th anniversary, is being “celebrated” all week – April 16 – 22, 2017. The event focuses on making health care planning, including healthcare proxies and advance directives/ living…more

Advance Directives, Durable Power of Attorney, Estate Planning, Living Will, Power of Attorney

See all updates »

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating…more

Appeals, Arbitration Awards, Disciplinary Proceedings, Professional Misconduct, Public

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.