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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Best Practices For Implementing Internal Security Controls

Many security risks can be avoided or mitigated by implementing sufficient internal security controls which are tailored to the organization’s size, needs, and specific industry. The Federal Trade Commission (“FTC”) sets forth…more

Best Practices, Data Collection, Data Retention, Data Security, FTC

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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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Basic Contract Issues for New Physician Contracts

When physicians have finally completed the medical education journey, many are confronted with a “physician employment contract,” usually from a hospital or medical practice, which could define the essential terms of their…more

Employee Benefits, Employer-Owned Intellectual Property, Employment Contract, Hospitals, Malpractice Insurance

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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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West Virginia Supreme Court- Medical Power of Attorney Does Not Have Power to Make Binding Legal Decisions for Incapacitated Person

In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his death…more

Alzheimer's, Competency Requirements, Discovery, Elder Abuse, Neglect

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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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Saving Time and Money when Selling a Small Business

Advance planning is crucial when you decide to sell your small business. You need to be at the center of that planning. Don’t abdicate your responsibility for selling your business to your lawyer, your accountant or your…more

Books & Records, Business Valuations, Buyers, Due Diligence, Exit Strategies

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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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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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The SEC Promulgates Long Awaited Rules on Investor Regulation Crowdfunding

Most of us are generally familiar with the concept of crowdfunding – the practice of a group of unrelated people financing a product with modest amounts of money online. Many recent crowdfunding efforts have involved charitable…more

Crowdfunding, Filing Requirements, Funding Portal, Popular, Regulation D

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New Sample Notice for Employee Wellness Programs

The Equal Employment Opportunity Commission (the “EEOC”) has issued a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued Americans with Disabilities Act (the…more

ADA, EEOC, Final Rules, Notice Requirements, Wellness Programs

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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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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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Courts Consider New Definition Of “Sex” Discrimination – What It Means For Pennsylvania Employers

Can employees in Western Pennsylvania sue their employer for sexual orientation discrimination under federal law? Right now, the answer is no – but that may be changing soon. In a landmark case called EEOC v. Scott…more

EEOC, Employer Liability Issues, LGBT, Policies and Procedures, Resignation

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Are You Still Reimbursing Premiums For Your Employee's Individual Healthcare Insurance? Then You'd Better Read This!!

In the past, many employers (especially smaller companies) have offered to pay their employees’ premiums for individual healthcare insurance instead of sponsoring their own group health plans. With the advent of the Healthcare…more

Affordable Care Act, Bonuses, Employer Group Health Plans, Employer Mandates, Excise Tax

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District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable…more

Background Checks, Education Code, Fourteenth Amendment, Hiring & Firing, School Districts

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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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City of Pittsburgh adopts Riverfront IPOD

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The…more

City Councils, Housing Developers, Land Developers, Local Ordinance, New Legislation

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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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Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender Identity

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s…more

Appeals, Auer Deference, Department of Education, Equal Protection, Gender Identity

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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, Irrevocable Trusts, Maintenance

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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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The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the Transfer…more

Declaratory Judgments, Education Code, Hiring & Firing, PA Supreme Court, Teachers

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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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