Tucker Arensberg, P.C.

Legal Issues In Collaborations

Innovation depends on collaboration and leveraging the expertise of diverse individuals is instrumental to creating new technologies. While there are many benefits to collaborations, significant legal issues can arise such as…more

Collaboration, Confidential Information, Copyright, Ownership of Works, Patents

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Creditors Beware! Give the Trustee Time To Breathe Or Risk Violating The Automatic Stay

The Bankruptcy Code’s (the “Code”) automatic stay applies to all companies and individuals; it protects the debtor’s property, and the bankruptcy court’s jurisdiction, by barring any act to gain possession of property in the…more

Automatic Stay, Bankruptcy Code, Enforcement Actions, SEC, Trustees

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Recent Changes to the Mechanics’ Law

Mechanics’ Lien - • An In Rem lien (against real property). • For the payment of all debts due by an owner to a contractor (or by a contractor to his subcontractors) for Labor or Materials furnished…more

Construction Contracts, Construction Industry, Contractors, General Contractors, Material Suppliers

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Telehealth News

Iowa Supreme Court Rejects Ban on Telemedicine Abortions - An Iowa Board of Medicine rule requires the presence of a physician when abortion inducing drugs are provided…more

Abortion, Discrimination, Healthcare, IA Supreme Court, Medicare

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United State Supreme Court Confirms ERISA Fiduciary’s Continuing Duty To Monitor Investments

In its Tibble v. Edison International decision the United State Supreme Court confirmed that the scope of an ERISA fiduciary’s duty of prudence continues after initial investments are made and imposes an ongoing duty to monitor…more

Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty, Retirement Plan

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ESPN v. University of Notre Dame Security Police Department

Earlier this year, ESPN sued the University of Notre Dame Security Police Department, alleging that Notre Dame was withholding police documents involving campus crimes allegedly committed by a number of student-athletes. ESPN…more

College Athletes, Law Enforcement, Notre Dame, Public Records Act

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U.S. Supreme Court Rules Severance Payments Can Be Taxed

It’s a common scenario for many employers. An employee who is terminated by the employer is offered a severance package. The employee would prefer that the severance payments are made under a 1099 (and therefore not subject to…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

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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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Franchise Transfers

Most hotels operate under a Franchise Agreement. Franchise agreements, including those in the hospitality industry, are personal contracts for the benefit of the named franchisee only, and are further limited by the…more

Franchise Agreements, Hospitality Industry, Hotels

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The Office of the Comptroller of the Currency (“OCC”) has released Comptrollers Handbook A-DRCC, “Deposit Related Consumer Credit” (“DRCC”), as of February 2015

The Office of the Comptroller of the Currency (“OCC”) has released Comptrollers Handbook A-DRCC, “Deposit Related Consumer Credit” (“DRCC”), as of February 2015. This Handbook discusses various types of small-dollar…more

Banking Sector, Banks, Comptroller, Deposit-Related Consumer Credit, Financial Institutions

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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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Don’t Let Your Lawyer Get in the Way in Small Acquisitions

As a private business owner, you should follow these simple rules to make sure that your lawyer, in his or her zealousness to represent you, doesn’t torpedo or unduly delay a small acquisition that you want to consummate quickly…more

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Contractor and Subcontractor Payment Act Not Applicable to Public Works Project

In a decision issued last week in Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance Company, the Pennsylvania Supreme Court concluded that the Contractor and Subcontractor Payment Act, 73 P.S §§ 501-516 (CASPA) does not…more

Construction Contracts, Contract Disputes, Contractors, Late Payments, PA Supreme Court

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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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DOL Issues Proposed Rule That Would Require Employers to Pay Overtime to Currently-Exempt Salaried White-Collar Employees Who Earn $50,440 Per Year or Less – Regardless of Their Duties.

On June 30, 2015, the U.S. Department of Labor (“DOL”) announced a long-awaited Proposed Rule which will, if/when finalized, dramatically raise the minimum salary threshold for salaried exempt employees under the Fair Labor…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Wage and Hour

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Department of Labor Issues New Guidance on Who is an Independent Contractor

The Department of Labor is focused on eliminating what they believe to be an increasing number of employees who are misclassified by their employers as being independent contractors, and therefore ineligible for benefits,…more

Administrative Interpretation, DOL, Economic Realities Test, Employee Definition, Independent Contractors

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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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Setting the Rules and Managing the Risks of Absentee Bids

Absentee bids left with an auctioneer are generally seen as an accommodation to bidders who are unable to be physically present at an auction. The acceptance of absentee bids can also benefit the seller by providing a starting…more

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Mass Transit Maximum Limits Increased Retroactively for 2014

At the beginning of 2014, the pre-tax mass transit benefit was cut from $245 per month to $130 per month, while the pre-tax parking benefit was increased from $245 per month to $250 per month. However, on December 19, President…more

Tax Extenders, Travel Expenses

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Pass the Trash: A Summary of the Employment History Review Requirements Under Act 168 for Schools

Act 168 of 2014, the “Pass the Trash” Act, creates increased responsibilities and procedures a school district must follow when hiring new employees. The purpose of the Act is to eliminate the practice whereby a school district…more

Child Abuse, Hiring & Firing, Public Schools, School Districts, Screening Procedures

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State Legislatures Finally Recognizing New Drilling Technology

In the old days, operators had to find flat ground in order to drill vertically in the hopes of finding a pocket of trapped oil or natural gas, as well as constructing infrastructure in the form of a well on that location, and…more

Fracking, Liquid Natural Gas, Oil & Gas, Technology

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L-1 Visas… No Longer The Go-To Visa for Multi-National Companies?

In August, the Office of Inspector General issued a report on L-1 visas that will undoubtedly affect the future availability and adjudication process of such visas in the future. The L-1 visa category is used by multi-national…more

Foreign Nationals, L-1, Multinationals, OIG, Visas

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Here Is What Is Happening In Pennsylvania’s Legislature Regarding Trusts And Estates

Bill Ries has prepared a status report for the Pennsylvania Legislature’s current Trust & Estate matters. These tables summarize a number of bills that affect decedents’ estates laws and were introduced in the 2013-14…more

Estate Planning, Estate Tax, Inheritance, Inheritance Tax, Trusts

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Overview of Annual Reporting Requirements/Statements of Financial Interests

Pursuant to the Public Official and Employee Ethics Act, public officials and employees are required to file a Statement of Financial Interests before May 1 of each year to report, among other things, gifts, transportation,…more

Meals-Gifts-and Entertainment Rules, Public Employees, Public Employers, Public Officials, Reporting Requirements

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Cutting Costs By Reviewing Ongoing Medical Care For Injured Workers

Long term medical care related to workplace injuries can be a costly and frustrating proposition for employers and/or their Workers’ Compensation insurance carriers. In many cases, the injured workers’ medical care continues…more

Long-Term Care, Utilization Review, Workers' Compensation Claim, Workplace Injury

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Alert! U.S. Federal Government Shutdown Ends…. E-Verify has Resumed

During the federal government shutdown all employers were required to continue to complete and retain Form I-9 for every employee hired, however, E-Verify employers were unable to access the federal government online based…more

DHS, E-Verify, Federal Contractors, Government Shutdown, I-9

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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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Watch Out for Trademark and Copyright Registration Scams!

The requirements for registering trademarks, copyrights and business names can sometimes be puzzling. A variety of new scams are targeting people unfamiliar with the process by demanding payment for registering or renewing…more

Copyright, Infringement, Scams, Trademarks

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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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Can covered entities run Windows XP and remain HIPAA compliant?

Microsoft recently announced that, after April 8, 2014, it will not longer provide security updates or technical support for Windows XP. Microsoft’s statement that “businesses that are governed by regulatory obligations such as…more

Compliance, Covered Entities, Data Protection, HIPAA

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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

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New State Act Increases Background Check Requirements for School Employees and Volunteers

In the flurry of activity before the end of the legislative session in October, the Pennsylvania Legislature passed and Governor Thomas Corbett signed into law Act 153 of 2014, that amended the state Child Protective Services…more

Background Checks, Hiring & Firing, New Legislation, Public Schools, Volunteers

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Important Fair Debt Collection Practices Act Holding by the Third Circuit Court of Appeals: Misstatements in Foreclosure Complaints are Actionable under the FDCPA.

On April 7, 2015, a decision in the case of Kaymark vs. Bank of America, N.A. was handed down by the Third Circuit Court of Appeals, in a precedential opinion authored by Judge Fisher and joined in by Judges Fuentes and Krause…more

Appeals, Attorney's Fees, Bank of America, FDCPA, Mortgage Lenders

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Provider of Physical, Speech, and Occupational Therapy Services Agrees to $38,000,000 False Claims Act Settlement

As announced in an recent press release, Extended Care Health Services, Inc. (“Extendicare”), an operator of skilled nursing facilities, and its subsidiary Progressive Step Corporation (“Pro Step”), a provider of physical,…more

False Billing, False Claims Act, Healthcare, Healthcare Fraud, Medicare

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Estate Planning for Man’s Best Friend

Did you know that you can provide for your four-legged family members in your estate plan? Plans can be as informal as an agreement with a friend or family member to care for your pet when you are unable, or as formal as a…more

Pet Trusts, Pets

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Contact

1500 One PPG Place
Pittsburgh, PA 15222, United States

  • (412) 594-5583
  • (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

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