Tucker Arensberg, P.C.

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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Food And Drug Administration Issues Draft Guidance On Cybersecurity In Medical Devices

On January 22, 2016, the Food and Drug Administration (“FDA”) released draft guidance regarding postmarket management of cybersecurity risks in medial devices. This guidance comes over a year after the FDA issued similar…more

Comment Period, Cybersecurity, Draft Guidance, FDA, Manufacturers

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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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Progress on Medicare Payment Reform

HHS is gearing up to design and implement a revised Medicare payment system. The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) has designated a merit based incentive payment system (MIPS) as a goal. CMS is…more

CMS, HHS, Medicare, Medicare Access and CHIP Reauthorization (MACRA), MIPS

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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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Alternative Dispute Resolution (“ADR”) – Is It Right For You?

Parties to a legal dispute often bemoan the costs. The expense of hiring a lawyer, the business disruption caused by management’s focus on the legal problem at hand, the time away from work spent by employees who have to…more

Arbitration, Arbitration Awards, Arbitrators, Federal Rules of Evidence, Litigation Fees & Costs

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The Drive-by Plaintiff in the Hospitality Industry

July 26, 2015, marked the 25th anniversary of Title III of the ADA (“Title III”). The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is finalizing regulations affecting a variety of industries, including…more

Accessibility Rules, ADA, Hospitality Industry, Public Accommodation, Standing

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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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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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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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Guidance on Using Unpaid Interns

With school about to start, students looking for internships will not be far behind. If your company has an internship program, you need to be award of the regulations governing the same…more

DOL, Employer Liability Issues, FLSA, Hiring & Firing, Internships

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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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2016 Employee Benefits Plan Limits

The IRS has announced the retirement plan limits for 2016. As you can see from the chart below, there are no changes from the limits set in 2015. …more

401k, Benefit Plan Sponsors, COLA, Contribution Limits, IRS

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When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual…more

Coaches, Disability Discrimination, Discrimination, Public Schools, Retaliation

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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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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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Workers’ Compensation Mediation – What Employers Need to Know

The costs of civil litigation, and uncertainties of a jury trial, have turned mediation into its own cottage industry. Now more than ever, parties involved in civil suits will voluntarily agree to mediate the dispute, with the…more

Confidentiality Agreements, Mediation, Workers' Compensation Claim, Workers' Compensation Defense

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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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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

See All Updates »

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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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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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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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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HHS Publishes Guidance on Patient Access to Records under HIPAA

On January 7, 2016 the Department of Health and Human Services (“HHS”) released a fact sheet and a series of frequently asked questions to help to clarify an individual’s right to access and obtain a copy of his or her health…more

Electronic Health Record Incentives, Health Care Providers, HHS, HIPAA, HITECH

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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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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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