Tucker Arensberg, P.C.

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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

Supreme Court Issues Two Rulings Interpreting FDCPA

The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, Debt Collection

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Senators Introduce Legislation to Improve Cybersecurity of Internet-Connected Devices

It is estimated that the number of devices connected to the internet could reach 30 billion by 2020. These connected devices include mobile phones, household appliances, smart watches, and even vehicles…more

Cybersecurity, Internet of Things, Mobile Devices, NIST, Proposed Legislation

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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

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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 (HOA), Planned Communities

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CMS Merely Soliciting Comments on Including Total Joints as ASC Procedures

CMS released the proposed update for the Hospital Outpatient Perspective Payment System and the Ambulatory Surgery Center System on July 13, 2017, and the release has generated some unexpected controversy regarding the inclusion…more

Ambulatory Surgery Centers, CMS, Comment Period, Health Care Providers, Hospitals

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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

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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

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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

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Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an…more

Anti-Discrimination Policies, Anti-Harassment Policies, Appeals, Discrimination, Employer Liability Issues

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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

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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

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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

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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

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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

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Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy…more

Gender Identity, Motion for Relief, Public Schools, School Restrooms, Student Privacy

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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

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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

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Pennsylvania Split on Sexual Orientation Discrimination

Two recent federal district courts – from opposite sides of the Commonwealth – reached different conclusions on whether sexual orientation is a protected class under Title VII of the Civil Rights Act of 1964 (“Title VII”). On…more

Civil Rights Act, EEOC, Protected Class, Sexual Orientation, Split of Authority

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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 »

What is a Reasonable Accommodation under the ADA?

The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the employer. The…more

ADA, Appeals, Disability Discrimination, Essential Functions, Hiring & Firing

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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

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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

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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

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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

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School Employee Who Resigned After Her Hospitalization Coverage Was Reduced Entitled To Unemployment Compensation

Forbes Road School District V Unemployment Compensation Board of Review, Commonwealth Court of Pennsylvania, Case No. 1814 C.D. 2016 - Claimant was hired as a paraprofessional at $10.15 an hour. She completed health…more

Benefit Plan Sponsors, Collective Bargaining Agreements (CBA), Employee Benefits, Health Insurance, Resignation

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Pennsylvania Courts Split Over Sexual Orientation Discrimination

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the…more

Dismissals, EEOC, Sexual Orientation Discrimination, Split of Authority, Title VII

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New Guidance on Coverage for Eating Disorders

The Departments of Labor, Treasury, and Health and Human Services recently released a frequently asked question (“FAQ”) regarding the implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction…more

21st Century Cures Initiative, Affordable Care Act, Benefit Plan Sponsors, Comment Period, DOL

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Sharp Pencil Not a Weapon Under Pennsylvania School Code

S.A. v. Pittsburgh Pub. Sch. Dist., 2017 Pa. Commw. LEXIS 152 (Pa. Commw. Ct. May 1, 2017). Summary and Factual Background - S.A. was a 10th grade student at Barack Obama International Academy, a high school in the…more

Assault, Code of Conduct, Criminal Code, Disciplinary Proceedings, Public Schools

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State Begins Registering Doctors For Medical Marijuana Program

Physicians who want to be registered to prescribe medical marijuana in Pennsylvania can now sign up through the state Health Department. Officials say the first step for doctors is to complete a practitioner registry, an…more

Medical Marijuana, Physicians, Registration Requirement

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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

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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

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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

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Pennsylvania Supreme Court Rules that Only Physicians – Not Their Staff – Can Obtain Informed Consent

A recent Pennsylvania Supreme Court decision will have a major impact on how physicians across the Commonwealth obtain informed consent from their patients. In Shinal v. Toms, 2017 WL 2655387 (Pa. June 20, 2017), the 4-3 Court…more

Appeals, Health Care Providers, Informed Consent, Medical Malpractice, PA Supreme Court

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The End of the IRE Process (as we know it)

Pennsylvania, like many other states, has a statutory section of its Workers’ Compensation law that is devoted to the designation of an impairment rating for an injured worker who is collecting Workers’ Compensation benefits…more

Constitutional Challenges, Workers' Compensation Claim, Workplace Injury

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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

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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

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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

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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

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PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to clean…more

Constitutional Amendment, Environmental Rights Amendment, Gas Royalties, General Assembly, Marcellus Shale

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Selective property tax appeals based on property type or residency status of the owner violates the Pennsylvania Constitution’s Uniformity Clause

The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of…more

Commercial Property Owners, PA Supreme Court, Property Tax, Residency Status, School Districts

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District Court Permits Transgender Person Diagnosed With Gender Dysphoria to Sue Under Americans With Disabilities Act

Blatt v. Cabela’s Retail, Inc., No. 5:14-CV-04822, 2017 WL 2178123, at *2 (E.D. Pa. May 18, 2017). District Court for the Eastern District of Pennsylvania denies employer’s motion to dismiss failure to accommodate and…more

ADA, Employer Liability Issues, Failure to Accommodate, Gender Identity, Motion to Dismiss

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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

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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

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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

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DOL Proposes Rule to Extend Applicability Date of BIC and Other Exemptions

The Department of Labor published a Proposed Rule to extend from January 1, 2018 to July 1, 2019, the applicability date of the Best Interest Contract (“BIC”) Exemption, the Class Exemption for Principal Transactions in Certain…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, Fiduciary Rule, Investment Adviser

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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

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