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Vance E. Antonacci	Obama Revenue Raising Proposals The Obama Administration recently released its budget proposal for the federal government’s upcoming fiscal year of October 1, 2013 to September 30, 2014. The budget proposal contains a variety of changes to the tax laws…more Barack Obama, Dynasty Trust, Estate Tax, Generation-Skipping Transfer, Gift Tax	See All Updates »
Eric N. Athey	Employer Alert -- January 2013: IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises (Some Good For Employers - Some Not) On December 28, 2012, the Internal Revenue Service (“IRS”) issued long-awaited proposed regulations regarding the “shared responsibility” penalty provisions of the Patient Protection and Affordable Care Act (“PPACA”). In…more Affordable Care Act, Dependents, Full-Time Employees, IRS, Penalties	See All Updates »
Bruce Bagley	NLRB'S Notice Posting Rule Invalidated By DC Court Of Appeals On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB's Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector…more First Amendment, NLRA, NLRB, Posting Requirements	See All Updates »
Jennifer LaPorta Baker	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	See All Updates »
Peter K. Bauer	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	See All Updates »
Dana Chilson	I Have a Judgment, Now What?: Collecting and Enforcing a Money Judgment Through the Garnishment Process As a plaintiff, you often roam a long and weary road before you achieve your ultimate litigation goal: a judgment against a defendant. Now that you have your prize, what do you do with it? With any luck, the defendant recognizes…more Debtors, Enforcement Actions, Garnishment, Money Judgment	See All Updates »
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	See All Updates »
Barbara Darkes	Ahhh…Spring With Spring comes the emergence of many things, including reopening of decks, porches, sidewalk cafés, patios and other outdoor seating options. It’s a lovely idea to have music or other entertainment in these areas, whether…more Exemptions, Licenses, Municipalities, Noise Complaints, Noise Control Ordinances	See All Updates »
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	See All Updates »
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	See All Updates »
James Dougherty	PIOGA Launches Gas/Electric Coordination Effort With PJM In Harrisburg on April 2, 2013, the PIOGA End Use Subcommittee convened its inaugural Gas/Electric Coordination Task Force meeting. Attendees included PIOGA-member representatives of Local Distribution Companies, Exploration and…more Electricity, Gas-Electric Coordination Task Force, Oil & Gas, PJM	See All Updates »
Geoffrey B. Fehling	Commercial General Liability Policies and the Risk of "Intangible" Losses Commercial general liability (CGL) policies are designed to protect policyholders against bodily injury and property damage. “Property damage” requires physical damage to tangible property or a loss of use of tangible property…more Commercial General Liability Policies, Intangible Property, Intangibles, Property Damage	See All Updates »
Jodi M. Frankel	NLRB'S Notice Posting Rule Invalidated By DC Court Of Appeals On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB's Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector…more First Amendment, NLRA, NLRB, Posting Requirements	See All Updates »
Richard H. Friedman	Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees If you are one of the nearly 560 Title V facilities in Pennsylvania, DEP has proposed a 50 percent increase in your annual air emissions fees. (See 43 PA Bulletin 677, February 2, 2013.) Under the proposal, you will pay $85…more Air Pollution, Clean Air Act, Discharge of Pollutants	See All Updates »
James Fritz	Add-Back Legislation Reintroduced Representative Dave Reed (R-Indiana Co.), with more than fifty co-sponsors, has reintroduced legislation (H.B. 440) that would require corporations preparing PA Corporate Net Income Tax returns to add-back any “intangible…more Corporate Taxes, Income Taxes, Intangibles, Tax Deductions	See All Updates »
Scott Gould	Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees If you are one of the nearly 560 Title V facilities in Pennsylvania, DEP has proposed a 50 percent increase in your annual air emissions fees. (See 43 PA Bulletin 677, February 2, 2013.) Under the proposal, you will pay $85…more Air Pollution, Clean Air Act, Discharge of Pollutants	See All Updates »
Brian Gregg	The Ska/DuClaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer The craft beer industry is expanding rapidly and it seems a new brewery opens, or an existing brewery expands, almost daily. As a result, craft beer industry trademark disputes are occurring with increased frequency. Colorado’s…more Breweries, Trademarks, Wine & Alcohol	See All Updates »
Timothy J. Horstmann	The SEC Action Against the City of Harrisburg: Lessons for Other Municipalities The Securities and Exchange Commission ("SEC") recently announced that it has charged the City of Harrisburg with violations of various anti-fraud provisions of federal securities laws in connection with the resource recovery…more Civil Monetary Penalty, Disclosure Requirements, Financial Statements, Misleading Statements, Municipalities	See All Updates »
Elizabeth Karnezos	Responsibilities to Preserve Data for Litigation If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That means…more Document Requests, ESI, Litigation Hold, Record Preservation	See All Updates »
Donald Kaufman	New and Revised Orphans' Court Rules to be Recommended As part of an ongoing effort to standardize and clarify the rules that govern Orphans' Court practice, the Orphans' Court Procedural Rules Committee intends to recommend that the Supreme Court of Pennsylvania replace Orphans’…more Orphan's Courts, Proposed Regulation	See All Updates »
Kelley E. Kaufman	Employers Can Use Disclaimers To Protect Customers From Employee Personal Injury Lawsuits As employers know all too well, an employee who is injured in connection with work can receive workers' compensation benefits simply by establishing that the injury occurred in the course of employment and resulted in a loss of…more Disclaimers, Workplace Injury	See All Updates »
Michael R. Kelley	Is That Covered? Tanker Fire On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg…more Liability, Negligence, Trucking Accident	See All Updates »
Donna Kreiser	Five Things To Know When Contemplating the Issuance of Municipal Debt Municipal financings are often perceived as a very complex, and even overwhelming, undertaking. The various rules and regulations which govern the process oftentimes seem complicated and difficult to understand. Keep in mind…more Bonds, Debt, Financial Adviser, Financing, IRS	See All Updates »
Adam Long	Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the offer…more Collective Actions, FLSA, Mootness, SCOTUS, Settlement	See All Updates »
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	See All Updates »
Kendra McGuire	Orphans' Court Update - March 2013: Nonjudicial Settlement Agreements – Are They the Silver Bullet We All Thought They Were? Do you remember the round of applause and cheers that went out across this great Commonwealth when Section 7710.1 was enacted? Finally, our legislature gave us a statute that made sense and could be broadly applied. Section…more Nonjudicial Settlement Agreements, Orphan's Courts, Section 7710.1	See All Updates »
Scott Alan Mitchell	Planning And Paying For Long-Term Care (Part 6 In A Series: Medicaid/Medical Assistance) In Part 5, I discussed the issue of “excess” assets and the “spend-down” process in Medical Assistance. Apart from a couple’s exempt assets (house, one car, household furnishings, etc.), the remaining assets are “countable”…more Exempt Assets, Long-Term Care, Medicaid, Penalties	See All Updates »
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	See All Updates »
Elizabeth Mullaugh	Auto Notes -- February 2013 In This Issue: "Insuring Your Dealership: Do I Really Need Garage Liability and Garagekeeper's Insurance?" and "The American Taxpayer Relief Act"…more American Taxpayer Relief Act, Car Dealerships, Commercial Insurance Policies, Estate Tax, Fiscal Cliff	See All Updates »
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	See All Updates »
Sharon R. Paxton	Commonwealth Court Addresses Additional IFTA Issues, Including Exclusion of Drilling Rigs As we reported in earlier editions of PA Tax Law News, the Commonwealth Court issued two decisions last year upholding tax liabilities imposed on motor carriers that failed to comply with IFTA mileage and fuel documentation…more Department of Revenue, Drilling Rig Tax Exclusions, Fuel Tax, IFTA, Special Mobile Equipment	See All Updates »
Adam Santucci	Facebook Discussion About "Street People" Protected In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees who…more	See All Updates »
Joseph Sileo	Employers Can Use Disclaimers To Protect Customers From Employee Personal Injury Lawsuits As employers know all too well, an employee who is injured in connection with work can receive workers' compensation benefits simply by establishing that the injury occurred in the course of employment and resulted in a loss of…more Disclaimers, Workplace Injury	See All Updates »
Randy Varner	PA Supreme Court Issues Business / Nonbusiness Income Decision The Pennsylvania Supreme Court has held that a taxpayer’s gain from the sale of timberland was apportionable business income using the “functional test” of Pennsylvania’s amended definition of “business income.” Glatfelter…more Apportionment, Commerce Clause, Double Taxation, Due Process, Functionality	See All Updates »
David M. Watts, Jr.	McNees Insights - Fall 2012 In This Issue: Year-End Tax Planning - Year-end planning is a bigger challenge this year than in past years because, unless Congress acts, tax rates will go up next year, many more individuals will be snared by…more 3.8% Medicare Tax, Adjusted Gross Income, Alternative Minimum Tax, Bush-Era Tax Cuts, Flexible Spending Accounts	See All Updates »
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	See All Updates »

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