McNees Wallace & Nurick LLC

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Vance E. Antonacci

The Use Of Trusts In Business Succession Planning

INTRODUCTION - The transition of a family owned or closely-held business is an important event for estate planning clients. Historically, the use of trusts has played an important role in business succession planning…more

Estate Planning, Succession Planning, Trusts

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Eric N. Athey

New Rule For Flexible Spending Arrangements: "Use It Or Lose (Some Of) It"

Flexible spending arrangements, or FSAs, have gained popularity among employers over the past fifteen years. Today, approximately 14 million families participate in these benefit plans…more

Affordable Care Act, Carryover Basis, Employee Benefits, Flexible Spending Accounts, Healthcare

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Bruce Bagley

NLRB Rules That College Football Team Can Seek To Form A Union

As Americans across the country anxiously stare at their National Collegiate Athletic Association (NCAA) Division I Men's Basketball brackets, the Northwestern University Wildcats are dominating the headlines in both the sports…more

College Athletes, NLRB, Unions

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Peter K. Bauer

Warranty Retail Rate Reimbursement:To Surcharge or Not to Surcharge, That is the Question

Pennsylvania’s dealer franchise protection law, the Board of Vehicles Act (Act), was recently amended effective December 31, 2013. Through the diligent efforts of PAA, the amendments to the Act include..…more

Auto Manufacturers, Car Dealerships, Franchises, Manufacturers

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Dana Chilson

Litigation News -- Summer 2013

In This Issue: "Can Bankruptcy Be A Tool To Combat Eminent Domain? Probably Not" and "Finding the Facts Before the Lawsuit Begins: Pre-Complaint Discovery in Pennsylvania" Excerpt from Can Bankruptcy Be A Tool To…more

Automatic Stay, Consumer Bankruptcy, Debtors, Eminent Domain

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Julia P. Coelho

It's Your Business Newsletter -- December 2012

In This Issue: ..Export Controls: Increased Enforcement Demands an Effective Export Compliance Program - United States exporters are subject to an extremely complex and often overlapping system of export laws…more

Affordable Care Act, Board of Directors, Export Controls, Exports

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Barbara Darkes

Auto Notes, Fall 2013: Dealer Markup Practices - In a New Era of Federal Enforcement

In March 2013, the U.S. Consumer Finance Protection Bureau (“CFPB”) announced that it would closely scrutinize dealer reserve (“markup”) practices. The federal concern is that dealer markups may result in an illegal disparate…more

Automotive Industry, Car Dealerships, CFPB, Discrimination, Disparate Impact

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Timothy R. Deckert

It's Your Business Newsletter -- December 2012

In This Issue: ..Export Controls: Increased Enforcement Demands an Effective Export Compliance Program - United States exporters are subject to an extremely complex and often overlapping system of export laws…more

Affordable Care Act, Board of Directors, Export Controls, Exports

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Louis A. Dejoie

It's Your Business Newsletter -- December 2012

In This Issue: ..Export Controls: Increased Enforcement Demands an Effective Export Compliance Program - United States exporters are subject to an extremely complex and often overlapping system of export laws…more

Affordable Care Act, Board of Directors, Export Controls, Exports

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Tony Dick

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that…more

EEOC, Employer Liability Issues, FICA Taxes, SCOTUS, Severance Agreements

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Michael Doctrow

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year, but…more

Copyright, Do Not Track, Fair Use, False Advertising, FDA

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James Dougherty

Managing Energy Prices

Throughout January and February 2014, the Northeast, Mid Atlantic and Midwest experienced record low temperatures that were accompanied by unprecedented energy prices. The cold snap, which began with the polar vortex, produced…more

Consumer Utility Costs, FERC, Utilities Sector

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Shaun Eisenhauer

An Accidental Peril of Electronic Communication

Text message: “Awesome.” Is that any way to form a contract? In 2011, a Florida state court said it was. It was as early as 1677 that the British Parliament passed the Statute of Frauds, which generally provided…more

Contract Formation, Electronically Stored Information, Statute of Frauds, Texting

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Geoffrey B. Fehling

Insuring Your Business -- June 2013

In This Issue: How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance. Excerpt from How Long Should I Keep My Insurance Policies? - Policyholders often ask,…more

Auto Insurance, Contract Litigation Insurance, D&O Insurance, Data Retention, Errors and Omissions Policy

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Timothy Finnerty

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you…more

Business Development, Business Formation, Business Ownership, Choice of Entity, Corporate Governance

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Debra Fourlas

Tie Goes To The...

Most people know the baseball saying that “a tie goes to the runner.” But who wins if there is a tie in the votes of the judges who are deciding an appellate matter? This article addresses how a case can have a tie vote on…more

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James Franklin

Avoiding Potential Litigation Pitfalls Associated With On-Board Video Cameras

The transportation industry is always searching for new technology and best practices that can eliminate or reduce risky driving behavior, improve the overall efficiency and effectiveness of fleets, and avoid frivolous and…more

Discovery, Risk Assessment, Safety Precautions, Trucking Industry, Video Recordings

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Richard H. Friedman

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP if…more

Air Pollution, Boilers, Department of Environmental Protection, Environmental Claims, EPA

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James Fritz

PA Tax Law News - February 2014

In This Issue: PA Governor's Budget Proposal Preserves Capital Stock/Franchise Tax Phase-out; Shopping Guides and Inserts; Documentation Requirements for Sales of Fuel Oil; Property Tax Notes; and PA Issues on Appeal -…more

Franchise Taxes, Franchises, Fuel Tax, Oil & Gas, State Taxes

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Helen Gemmill

Tie Goes To The...

Most people know the baseball saying that “a tie goes to the runner.” But who wins if there is a tie in the votes of the judges who are deciding an appellate matter? This article addresses how a case can have a tie vote on…more

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Myriam Gluck

Supreme Court Rules that Landlord are Liable for Injuries to Guests of Tenants

Owners of multi-unit properties should be familiar with Section 5431.04(A)(3) of the Ohio Revised Code, which requires a landlord to, “[k]eep all common areas of the premises in a safe and sanitary condition.” At first glance…more

Landlords, Premises Liability, SCOTUS, Tenants

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Bert Goodman

PA Tax Law News -- December 2013

In This Issue: Fuel Taxes Increased to Solve Transportation Funding Shortfall; PA Supreme Court Upholds Rejection of Township Business Privilege Tax; Unclaimed Property - Challenge to Delaware’s Auditing Procedures; PA…more

Audits, Business Privilege Tax, Contaminated Properties, Contractors, Environmental Assessments

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Scott Gould

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP if…more

Air Pollution, Boilers, Department of Environmental Protection, Environmental Claims, EPA

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Brian Gregg

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 was signed into law. It becomes effective January 1, 2014. This law amends California's online privacy policy law to require that websites and other online services disclose how they…more

Data Collection, Do Not Track, Internet, Online Privacy Protection Act, Personally Identifiable Information

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Schaun Henry

Transportation, Distribution & Logistics Alert: September 2013

In This Issue: Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper and NLRB's New Ruling Could Spell Trouble in Harassment Investigations Excerpt from Pennsylvania’s Appellate Court…more

Commercial Driving Licenses, Compliance, Disqualification, DUI, Employer Liability Issues

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Kelly Horein

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year, but…more

Copyright, Do Not Track, Fair Use, False Advertising, FDA

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Timothy J. Horstmann

The Stimulus Shall Continue: IRS Gives OK to Current Refundings of Recovery Zone Facility Bonds

The Internal Revenue Service has announced in Notice 2014-9 that current refunding issues of Recovery Zone Facility Bonds qualify as tax-exempt provided that the current refunding issue meets certain requirements. Generally, if…more

American Recovery and Reinvestment Act, Bonds, IRS, Refunds, Tax Refunds

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Michael Jarman

Lehigh County Authority and City of Allentown: A Public-Public Partnership

With the number of municipalities in the United States facing budget pressures, it has become increasingly popular to consider addressing these issues by monetizing municipal assets through a sale or long-term lease in…more

P3s, Public-Private Partnerships

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Elizabeth Karnezos

When are “No-Contest” Clauses Enforceable?

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s…more

Enforcement, Estate Planning, Family Members, No Contest Clause, Trusts

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Donald Kaufman

Auto Notes, Fall 2013: Dealer Markup Practices - In a New Era of Federal Enforcement

In March 2013, the U.S. Consumer Finance Protection Bureau (“CFPB”) announced that it would closely scrutinize dealer reserve (“markup”) practices. The federal concern is that dealer markups may result in an illegal disparate…more

Automotive Industry, Car Dealerships, CFPB, Discrimination, Disparate Impact

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Kelley E. Kaufman

PPACA Update: Employer Shared Responsibility Mandate Delayed Again...For Some Employers, But Not All

Yesterday, the Obama administration announced a partial delay in the effective date of one of the key requirements of the Patient Protection and Affordable Care Act (“PPACA”) – the employer “shared responsibility” requirements…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Michael R. Kelley

Insuring Your Business - March 2014

In This Issue: - Is That Covered? Timely Reporting of Food Claims - Business Interruption Coverage for Food Recall Claims - Excerpt from Is That Covered? Timely Reporting of Food Claims - When food…more

Business Interruption, Commercial General Liability Policies, Food Manufacturers, Food Recalls, Food Safety

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Donna Kreiser

Anatomy Of A Bond Issue: The Participants And The Steps

For many local government officials and solicitors in Pennsylvania, a bond issue is a rare occurrence perceived to be shrouded in mystery. Like most things in life, it is only mysterious because it is unfamiliar. Once you…more

Bonds, Municipal Bonds, SEC

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Jennifer LaPorta

New Form I-9 Required Beginning May 7

U.S. Citizenship and Immigration Services (USCIS) recently released the revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the identity and employment authorization of newly hired…more

Eligibility, Employer Liability Issues, Forms, I-9, ICE

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Shawn Leppo

Quentin Tarantino’s Lawsuit Against Gawker: Enjoy!

Quentin Tarantino's case could ultimately turn on one little word at the end of Gawker's story..…more

Copyright, Copyright Infringement, Fair Use, Gawker, Law Matters

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Andrew Levy

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that…more

EEOC, Employer Liability Issues, FICA Taxes, SCOTUS, Severance Agreements

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Adam Long

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that…more

EEOC, Employer Liability Issues, FICA Taxes, SCOTUS, Severance Agreements

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Megan F. Luck

Administrative Bank Attachment

The 2012-2013 Pennsylvania state budget adopted last July authorized the use of administrative bank attachment by the Department of Revenue. Prior to utilizing this collection technique, the Department was required to develop…more

Administrative Bank Attachments, Department of Revenue, Revocation, Sales Tax License

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Daniel Malpezzi

Securing Public Deposits Under Pennsylvania's Act 72

A governmental entity in Pennsylvania may deposit its moneys in a financial institution only if the financial institution pledges collateral for the deposit to the extent the deposit exceeds the FDIC insurance limits. This…more

Banks, Collateral, FDIC

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Kendra McGuire

Say It Isn't So – Has Pennsylvania Adopted No Fault Trustee Removal?

Apparently, nothing is sacred. In yet another opinion that chips away at long standing fiduciary principles, the Pennsylvania Superior Court issued an opinion that seems to adopt no fault trustee removal in Pennsylvania…more

Estate Planning, Trustees, Trusts

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Stephen A. Moore

Auto Notes -- December 2012

In This Issue: Facility Upgrades, Where Does it End?; Changes in Areas of Responsibility; and Sad Things Can Happen to a Dealership's Work "Family" Member, Too. Excerpt from Facility Upgrades, Where Does It End? -…more

Car Dealerships, Manufacturers

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Elizabeth Mullaugh

McNees Insights - Asset Planning & Federal Taxation: Fall 2013

In This Issue: Timely Year-End Tax Planning Can Reduce Taxes; Income Tax Cost Basis Planning; and Marriage and Taxes in 2013. Excerpt from Timely Year-End Tax Planning Can Reduce Taxes - Year-end tax…more

Federal Taxes, Income Taxes, Marriage, Year-End Planning, Year-End Tax Planning

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K. Scott O'Brian

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds…more

Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patents

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Sharon R. Paxton

PA Tax Law News - February 2014

In This Issue: PA Governor's Budget Proposal Preserves Capital Stock/Franchise Tax Phase-out; Shopping Guides and Inserts; Documentation Requirements for Sales of Fuel Oil; Property Tax Notes; and PA Issues on Appeal -…more

Franchise Taxes, Franchises, Fuel Tax, Oil & Gas, State Taxes

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J. Corey Reeder

Post-Production Issues and Oil & Gas Leases

So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. …more

Leases, Marcellus Shale, Mineral Leases, Oil & Gas, Royalties

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Andrew Rusniak

Estate Planning for Digital Assets

It is often said that the law lags behind technology. One area where this sentiment is particularly applicable is estate planning for digital assets. In a world where our lives are becoming ever more digital, many estate…more

Digital Assets, Estate Planning

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Adam Santucci

Pregnancy Accommodation Laws Abound

You may recall that we reported that United States Senator Bob Casey (D-PA) introduced the Pregnant Workers Fairness Act, which would adopt the reasonable accommodation framework of the Americans with Disabilities Act for…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Joseph Sileo

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To Work Agreement

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from…more

ADA, Adverse Employment Action, Alcohol Testing, Contract Drafting, Disability Discrimination

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Lee Tankle

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that…more

EEOC, Employer Liability Issues, FICA Taxes, SCOTUS, Severance Agreements

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Elizabeth Trinkle

FERC-CFTC Memoranda of Understanding

For those clients involved in transactions subject to the jurisdiction of the Federal Energy Regulatory Commission ("FERC") or the Commodity Futures Trading Commission ("CFTC"), please be advised that on January 2, 2014, FERC…more

CFTC, Dodd-Frank, FERC, Memorandum of Understanding

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David Unkovic

Securing Public Deposits Under Pennsylvania's Act 72

A governmental entity in Pennsylvania may deposit its moneys in a financial institution only if the financial institution pledges collateral for the deposit to the extent the deposit exceeds the FDIC insurance limits. This…more

Banks, Collateral, FDIC

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Randy Varner

PA Tax Law News - February 2014

In This Issue: PA Governor's Budget Proposal Preserves Capital Stock/Franchise Tax Phase-out; Shopping Guides and Inserts; Documentation Requirements for Sales of Fuel Oil; Property Tax Notes; and PA Issues on Appeal -…more

Franchise Taxes, Franchises, Fuel Tax, Oil & Gas, State Taxes

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David M. Watts, Jr.

McNees Insights - Estate Planning

In This Issue: Who Gets Your IRA? – Six Common Mistakes; Estate Planning for Digital Assets; and Post-Production Issues and Oil & Gas Leases. Excerpt from Who Gets Your IRA? – Six Common Mistakes: Do you…more

Estate Planning, Estate Tax

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Robert Weishaar Jr.

Emergency Engines – Promised EPA Rule Relaxes Allowance for Emergency Engines to Operate Under Demand Response Programs, But Limits Peak Shaving

On January 14, 2013, EPA signed final revisions to the RICE NESHAP (and related NSPS for consistency) allowing for expanded use of emergency engines in non-emergency situations. The action bans peak shaving by emergency engines…more

EPA, Power Companies, RICE NESHAP

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Jennifer Will

BYOD Lessons From Jersey's Bridge Scandal

So, have you implemented a Bring Your Own Device policy yet? If not (and your employees are using their personal devices for business purposes), your organization may be at risk…more

Bring Your Own Device, Email Policies, Litigation Hold, Records Request, Right To Know

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