Tucker Arensberg, P.C.

Molek v. Molek and Parol Partitions

Oral agreements to partition lands are tricky situations that must be dealt with carefully when analyzing the title to a piece of property. Known legally as parol partitions, these agreements often arise in the context of family…more

Joint Tenancy with Right of Survivorship, Land Titles, Oral Contracts, Petition for Partition, Void and Unenforceable

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Medical Software Company Wins $940 Million in Trade Secret Case

A jury recently awarded Epic Systems Corporation (“Epic”), a medical software company, $940 million in damages in a case against Tata Consultancy Services Limited (“Tata”) involving theft of Epic’s trade secrets and confidential…more

Confidential Information, Damages, Misappropriation, Popular, Software

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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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Pennsylvania Title Insurance Notice

Effective May 1, 2016, title insurance premiums and endorsement costs, as recommended by the Title Insurance Rating Bureau of Pennsylvania, will increase by 12% across the board. This increase applies to both the sale and…more

Due Diligence, Insurance Industry, Premiums, Property Owners, Real Estate Market

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Final 60 Day Overpayment Rule

CMS has issued the final regulations to implement that section of the Affordable Care Act amending the Social Security Act to provide that retention of identified overpayment could be a false claim and be subject to both the…more

60-Day Rule, Affordable Care Act, Civil Monetary Penalty, CMS, False Claims Act (FCA)

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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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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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“The ABC’S of ACB’S” – Arbitration Clauses in Bankruptcy Court

You’ve decided that your business will fare better if you put a mandatory arbitration clause into all of your contracts. You want to be fair to your counterparty, so you choose to arbitrate under the Federal Arbitration Act. …more

Arbitration Agreements, Automatic Stay, Chapter 11, Commercial Bankruptcy, Federal Arbitration Act

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A Signed Declaration Of Age Card Is Not The Only Defense To Prosecution For Selling Alcoholic Beverages To A Minor

The verification process of having purchasers complete a declaration of age card is overly burdensome on the licensee, especially at busy nightclubs, taverns, and restaurants. The licensee must weigh valid customer demands and…more

Good Faith, Hospitality Industry, Licensees, Licenses, Liquor

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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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New Rules for 831(b) Captive Insurance Companies

On December 18, 2015, Congress passed the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act), as part of a 2016 appropriations bill. The PATH Act includes significant changes to Internal Revenue Code section 831(b)…more

Affiliates, Captive Insurance Company, Consumer Price Index, Estate Planning, Internal Revenue Code (IRC)

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Supreme Court Affirms Ruling That School District Has Duty To Transport Student To And From Father’s And Mother’s Separate Residences Within School District

Watts v. Manheim Central School District, 112 MAP 2014 (Pa. 2015). The Pennsylvania Supreme Court affirmed an earlier ruling of the Commonwealth Court that, when a school district provides transportation, it must transport a…more

Appeals, Injunctive Relief, PA Supreme Court, Public Schools, School Districts

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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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Fiduciary Alert: IRS Again Extends Time for Consistent Basis Reporting via Form 8971 until June 30, 2016

Effective March 23, 2016, the Treasury Department and Internal Revenue Service published Notice 2016-27, once again extending, until June 30, 2016, the deadline for executors and other persons to complete and file Form 8971 and…more

Beneficiaries, Estate Tax, Executors, Filing Deadlines, Internal Revenue Code (IRC)

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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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The Importance of Job Descriptions

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed…more

Corporate Counsel, Disability Discrimination, Employer Liability Issues, Essential Functions, Hiring & Firing

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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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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

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Legal Lessons from Tom Brady

The state of Massachusetts collectively groaned last week as the Second Circuit Court of Appeals reinstated quarterback Tom Brady’s four-game suspension for his role in the “Deflate-Gate” saga. A brief recap of this strange…more

Arbitration Awards, Arbitrators, Collective Bargaining Agreements (CBA), Deflategate, New England Patriots

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Cutting Employee Hours to Avoid Offering Healthcare? Your Risk of a Lawsuit Just Increased!

The Affordable Care Act requires an applicable large employer to offer healthcare coverage to its full-time employees or risk paying a penalty. An employee is considered full-time for this purpose if they work at least 30 hours…more

Affordable Care Act, Applicable Large Employers (ALE), Dave & Buster's, Employer Mandates, Full-Time Employees

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FAA Releases Guidelines For Local Regulation Of Drones

In the past few years unmanned aircraft systems, commonly known as drones, have grown in popularity and availability. With the proliferation of drones comes some difficult privacy and public safety questions for school…more

Airspace, Drones, Federal Aviation Administration (FAA), New Guidance, Popular

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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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Open Discussion of Pending Grievances Permitted At School Board Meetings

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss pending…more

Chilling Effect, Collective Bargaining Agreements (CBA), Confidential Information, Grievance Process, Public Meetings

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House Bill 1800 – Ripple Effects on Medical Care for Injured Workers

While it seems the members of our state legislature have been busy doing nothing but arguing about the budget for the past year – one young state rep has proposed a bill that may have a positive effect on employers seeking…more

Health Care Providers, Independent Medical Review, Proposed Legislation, State Legislatures, Utilization Review

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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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U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data by…more

ACLU, Corporate Counsel, Criminal Procedure, Data Storage Providers, Electronically Stored Information

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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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Are Recorded Oil and Gas Leases Title Transactions Under Ohio’s Dormant Mineral Act?

In a decision issued November 5, 2015 in the matter of Chesapeake Exploration, L.L.C. v. Buell, the Ohio Supreme Court ruled that a recorded oil and gas lease is a title transaction under Ohio’s Dormant Mineral Act (“ODMA”),…more

Mineral Leases, Oil & Gas, Transfer of Title

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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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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

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Pennsylvania Supreme Court Establishes Test For Specificity Under The Right To Know Law

Pennsylvania Department of Education v. Pittsburgh Post-Gazette, 2015 Pa. Commw. LEXIS 316 (Pa. Commw. Ct. July 14, 2015). Pennsylvania Supreme Court reverses the Office of Open records and holds that a request must meet three…more

Department of Education, Multi-Factor Test, PA Supreme Court, Public Schools, Right To Know

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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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Breaking News! Fair Debt Collection Practice Issue

The U.S. Court of Appeals for the Sixth Circuit has held that a Delaware Limited Liability Company was a “person” as defined by the FDCPA, and reversed the District Court decision which had dismissed an FDCPA claim against a…more

Assignments, Debt Collectors, FDCPA, Foreclosure, Limited Liability Companies

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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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Family Vacation Home Planning

Transferring a family vacation home to the next generation without causing family strife takes serious planning. Even if the ultimate decision is to have the children own the property outright and figure out how to make it work…more

Estate Planning, Family Limited Liability Companies, Family Limited Partnerships, Family Members, Irrevocable Trusts

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Employee Benefits Law Alert

Third Circuit Clamps Down On ERISA Notice Requirements - Plan administrators beware. The Third Circuit Court of Appeal’s recent decision in Mirza v. Insurance Administrator of America, Inc. may change the way that you deny…more

Appeals, Benefit Plan Sponsors, Employee Benefits, ERISA, Notice Requirements

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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

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.

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