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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OCR to Increase Investigations Of Smaller PHI Breaches

Healthcare providers and other covered entities must report breaches of unsecured protected health information (“PHI”) to the Secretary of Health and Human Services in accordance with the Breach Notification Rule of the Health…more

Business Associates, Covered Entities, Data Breach, HIPAA, OCR

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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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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, Planned Communities

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Independent Medical Staff Denied Title VII Protection

It has not been unusual for employed physicians to seek the protection provided to independent medical staff members through the due process procedures provided by medical staff by-laws. The case of Levitin and Chicago Surgical…more

Bylaws, Due Process, Employee Definition, Hostile Environment, Peer Review

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Update to the Pennsylvania ABLE Act

As originally referenced in a January 2015 blog post (Link to post), the Pennsylvania ABLE Act was enacted in April to provide people with disabilities and their families with a way to plan for a financially secure future…more

ABLE Act, Disabled

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Tax Credits Now Available to Emergency Service Volunteers

On November 21, 2016, Governor Tom Wolf signed into law HB1683 (Act 172 of 2016), which authorizes municipalities to grant fire and emergency medical service (EMS) volunteers tax credits for local taxes. The new law takes…more

First Responders, Governor Wolf, Municipalities, Tax Credits, Volunteers

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CMS Final Rule Prohibiting Nursing Home Use of Arbitration Agreements Put On Hold

This morning, U.S. District Court Judge Michael P. Mills granted a preliminary injunction in the U.S. District Court for the Northern District of Mississippi, putting on hold the looming November 28, 2016 deadline that would…more

CMS, Federal Arbitration Act, Mandatory Arbitration Clauses, Medicaid, Medicare

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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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Are You Protecting Guest Privacy, Safety and Security?

We have all heard about the jury’s award in a breach of privacy action against a well known sportscaster. So what are you doing about safeguarding a guest’s privacy and safety and security so this does not happen to you?…more

Duty of Care, Hospitality Industry, Hotels, Privacy Laws

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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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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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U.S. Supreme Court To Rule Upon Transgender Student Issue

In the latest development of transgender student issues, the United States Supreme Court agreed to review the ruling of the Fourth Circuit Court of Appeals in the matter of Gloucester County School Board v. G.G., 822 F.3d 709…more

Dear Colleague Letter, Gloucester County School Board v G.G., Motion To Stay, School Restrooms, SCOTUS

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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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Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in EEOC…more

Civil Rights Act, EEOC, Sexual Orientation Discrimination, Title VII

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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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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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Non-Discretionary Bonuses and Overtime Pay Calculations

More employees than ever may be categorized as non-exempt when the new Department of Labor (“DOL”) salary requirement for exempt employees becomes effective on December 1, 2016. Many formerly salaried, exempt employees will be…more

Bonuses, DOL, Non-Exempt Employees, Wage and Hour, White-Collar Exemptions

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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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Pittsburgh Pennsylvania Federal Judge: Employers Cannot Discriminate Based on Sexual Orientation

On November 4, 2016, a federal judge in Pittsburgh ruled that federal law prohibits an employer from discriminating against an employee based on their sexual orientation. In light of this decision by Judge Cathy Bissoon in EEOC…more

Civil Rights Act, EEOC, Sexual Orientation Discrimination, Title VII

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Deadline for Providing Affordable Care Act Statements Has Been Extended

The IRS has extended the deadline by 30 days for providing individuals the 2016 Form 1095-B and Form 1095-C. The new deadline for the individual forms is now March 2, 2017 instead of January 31, 2017…more

Affordable Care Act, Filing Requirements, IRS, Minimum Essential Coverage, Time Extensions

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Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a teacher…more

Education Code, Hiring & Firing, Public Schools, Reinstatement, Teachers

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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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Workplace Drug Testing and New OSHA Regulations

Every employer has a drug testing policy – even if that policy is to not test its employees or prospects. Performing drug testing on current or prospective employees requires specific criteria, and proper handling of the…more

Drug Testing, Hiring & Firing, New Regulations, OSHA, Retaliation

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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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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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Supreme Court of Pennsylvania Holds That Individuals Have A Constitutional Right To Privacy In Their Home Addresses And Other Private Information

Pennsylvania State Education Association v. Commonwealth, 2016 Pa. LEXIS 2337, 2016 WL 6087684, (Pa. Oct. 18, 2016) (“PSEA”). The Supreme Court of Pennsylvania recently held that individuals have a constitutional right to…more

Constitutional Safeguards, PA Supreme Court, Preliminary Injunctions, Primary Residence, Public Schools

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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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Consumer Financial Protection Bureau Brought Down a Notch

Earlier lastweek the United States Court of Appeals for the DC Circuit issued its 110 page opinion concerning the Consumer Financial Protection Bureau (“CFPB”) and CFPB enforcement action in PHH Corporation Et al vs Consumer…more

Abuse of Power, Administrative Proceedings, CFPB, Due Process, Enforcement Actions

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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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Environmental Issues and the Presidential Candidates: How Will The Incoming President Affect My Business?

With all the hype surrounding the 2016 presidential candidates (and their Twitter accounts), it seems that environmental issues are getting lost in the noise. The two leading candidates, however, could not be more divided on…more

Clean Power Plan, Climate Change, Donald Trump, Environmental Policies, Hillary Clinton

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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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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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