McNees Wallace & Nurick LLC

Contact
Share
Info
100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166, United States
Phone: 717.232.8000
Fax: 717.237.5300
Areas of Practice
  • Appellate Practice
  • Commercial Law & Contracts
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • D.C.
  • Ohio
Number of Attorneys
100+ Attorneys

3 Steps Food Manufacturers Can Take Now To Prepare For Federal Labeling Regulations

Consumers seem to be more eager than ever to know what they are eating and what journey it traveled to move from farm to table. In this era of authenticity, artificial is out; organic is in…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, Food Safety

See all updates »

McNees Insights – Estate Planning Newsletter - July 2017

Deducting Miscellaneous Itemized Deductions - You can elect each year to itemize deductions rather than claim the standard deduction. Itemized deductions are those that you claim on Schedule A of Form 1040, Itemized…more

Adjusted Gross Income, Buy-Sell Agreements, Deductions, Estate Planning, Succession Planning

See all updates »

PA ABLE Accounts and How They Differ From Supplemental Needs Trusts

Pennsylvania now has an ABLE account program created by the Pennsylvania Achieving a Better Life Experience (“ABLE”) Act. The ABLE program allows for a different type of planning to provide for the supplemental needs of…more

Disability, Estate Planning, Internal Revenue Code (IRC), Section 529 Program

See all updates »

IRS Addresses Health Coverage Opt-Out Payments Under the Affordable Care Act

As the cost of providing health coverage increased over the past fifteen years, many employers began to offer employees cash payments if they “opted out” of coverage. Some expected that the Affordable Care Act (ACA) would put…more

Affordable Care Act, Collective Bargaining Agreements (CBA), Employer Mandates, Health Insurance, Healthcare

See all updates »

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the…more

Arbitration Agreements, College Athletes, Corporate Counsel, Fair Share Law, Internal Investigations

See all updates »

McNees Labor Seminar Wrap-Up: The EEOC Issues Guidance on Leave as a Reasonable Accommodation

Just as the Commonwealth Court seemed to know we would be discussing the work-relatedness of injuries that occur on an employer’s premises, so too did the EEOC anticipate our presentation entitled “Your Leave is Giving Me a…more

ADA, Disability, Disability Discrimination, EEOC, Paid Leave

See all updates »

Selling Your Business? 5 Steps To Maximize Your Return

When a business owner makes the decision to sell a company, numerous factors can affect the price a buyer is willing to pay. Even relatively small oversights raise the prospect that a business owner will leave money on the table…more

Acquisitions, Corporate Records, Employment Contract, Financial Statements, GAAP

See all updates »

Dealer Advertising: No More Excuses

There are no more excuses. Dealers have seen all the ongoing and very recent announcements from the Federal Trade Commission (“FTC”) imposing millions of dollars in fines, cease and desist orders, and promises by dealers not to…more

Advertising, Automotive Industry, Car Dealerships, Enforcement Actions, False Advertising

See all updates »

Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly…more

Demand Response, Electricity, Electricity Costs, Energy Market, Energy Sector

See all updates »

The Defend Trade Secrets Act: Federalizing Trade Secret Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA). The United States House of Representatives voted 410-2 to approve the legislation following the Senate’s earlier unanimous approval of the…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Private Right of Action

See all updates »

A Tale of Two Cities: The Demise of Pittsburgh’s Paid Sick Leave Ordinance and the Durability of Philadelphia’s

Back in 2015, Pittsburgh enacted a paid sick leave ordinance, following a trend among cities throughout the country. Pittsburgh’s paid sick leave ordinance required employers with fifteen employees or more to provide up to forty…more

Local Ordinance, Paid Leave, PTO, Sick Leave, Wage and Hour

See all updates »

Split Decision: Today’s divorce seeks to minimize cost and antagonism

While many associate the word divorce as synonymous with painful and messy, a paradigm shift in conflict resolution has led to a specialty known as “collaborative divorce.” Gaining traction in Pennsylvania and part of an…more

Collaborative Divorce, Divorce

See all updates »

Employers Must Provide "Valuable Consideration" To Current Employees When Entering A Non-Compete Agreement During Employment

In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement entered…more

Consideration, Employer Liability Issues, Employer Mandates, Employment Contract, Hiring & Firing

See all updates »

I Have a Judgment, Now What? Priority of Judgments

Litigation can often be long and tiresome. Unfortunately, a successful verdict does not always lead to the desired outcome – the defendant paying up. Previous parts of this series addressed other aspects of collecting and…more

Liens, Mortgages, Real Estate Market

See all updates »

DOE Imposes Data Security Requirements on Colleges and Universities

Do you have a written data security program in place to meet federal requirements? In the last year, the Department of Education (DOE) released guidance in the form of a “Dear Colleague” letter emphasizing the importance of…more

Data Privacy, Data Protection, Data Security, Dear Colleague Letter, Department of Education

See all updates »

Scope of Pennsylvania's Whistleblower Law Examined

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to judicial…more

Hiring & Firing, Investigations, Misappropriation, Probation, Public Employees

See all updates »

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was called…more

American Medical Association, Appeals, Disability, Disability Benefits, Employer Liability Issues

See all updates »

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 »

New Law to Govern Pennsylvania Entities

Effective February 21, 2017, Pennsylvania law will change significantly for business corporations, nonprofit corporations, and especially for limited liability companies (“LLCs”), limited partnerships (“LPs”), limited liability…more

Charging Orders, Derivative Suit, General Partnerships, Limited Liability Company (LLC), Limited Partnerships

See all updates »

NOT SO FAST … The Lesson of Taylor: A trust cannot be modified to allow removal of the trustee without court approval.

In August 2014, the Philadelphia Court of Common Pleas ruled on an issue of first impression under the Uniform Trust Act – whether a trust could be amended under § 7740.1 to add a provision allowing for the removal of the…more

Removal, Trustees, Uniform Trust Code

See all updates »

Third Party Immunity for Relying on Powers of Attorney

There is no such thing as no liability, but as a result of recent sweeping changes to Pennsylvania's Power of Attorney statute, third parties should have a much higher level of comfort when taking direction from agents. If an…more

Immunity, Power of Attorney, Third-Party, Third-Party Liability

See all updates »

Copying Legal Counsel Doesn’t Create Privileged Communication

The attorney-client privilege is a long-standing and well-established principle that protects certain communication between client and attorney from disclosure. With the increased use of email, clients may often copy their…more

Attorney-Client Privilege, Confidential Information, Privileged Communication

See all updates »

Rejection Junction What’s Your Function

It’s happened to every dealer, more so in the last eight or so years than ever – the lender has approved funding; the RISC has been signed by the customer and dealer, and assigned by the dealer to the lender; the title work has…more

Automotive Industry, Car Dealerships, Lenders

See all updates »

Driver’s License Please – Article 9 Style

If you are loaning money in Pennsylvania on a secured basis you must use the name of your individual debtor as stated on his/her driver’s license for your financing statement. 13 Pa.C.S.A. § 9503(a)(4). Secured lenders should…more

Article 9, Bankruptcy Court, Debtors, Driver's Licenses, Financial Statements

See all updates »

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 »

Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment…more

Cuba, Department of Agriculture, Exports, Farms, ITC

See all updates »

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring…more

Cheerleaders, Copyright, Copyrightable Subject Matter, Fashion Design, Graphic Designs

See all updates »

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation over…more

Competitive Bidding, Municipalities, Private Utility, Public Utility, Wastewater

See all updates »

The End of (New) Limited Partnerships in Pennsylvania?

On December 31, 2015, after a 15-year phase-out (originally intended to last only nine years), Pennsylvania's 171 year-old capital stock tax finally expired…more

Business Formation, General Partner, Limited Liability Company (LLC), Limited Partnerships, Tax Liability

See all updates »

Medical Marijuana In The Workplace

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace…more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Marijuana

See all updates »

Milliken v. Jacono: Home Seller not Required to Disclose Murder/Suicide

In a unanimous decision handed down July 21, 2014, the Pennsylvania Supreme Court ruled that psychological stigma is not a material defect of real estate which sellers must disclose to buyers. The Court held that the occurrence…more

Disclosure Requirements, Home Buyer, Material Defects, Murder-Suicide, Purchase Agreement

See all updates »

How to Lessen the Tax Bite When Selling a Business

When a business is sold, both the buyer and the seller endeavor to walk away with as much cash on hand as possible. The seller hopes to reap the rewards of years of hard work; the buyer hopes to secure enough cash to keep…more

Buying a Business, C-Corporation, Corporate Taxes, Goodwill, IRS

See all updates »

Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment…more

Cuba, Department of Agriculture, Exports, Farms, ITC

See all updates »

Litigation Hold Letters

In this video, McNees Attorney Jim Franklin discusses the three considerations to think about when you get a Litigation Hold Letter…more

See all updates »

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting attorney’s…more

Appeals, Attorney's Fees, Copyright, Copyright Infringement, First Sale Doctrine

See all updates »

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of Confidentiality Claims

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such…more

Chemical Data Reporting, Chemicals, Confidential Information, EPA, Inventory

See all updates »

PA Budget Watch

On Tuesday June 30th, Republican majorities in the Pennsylvania House and Senate passed a 2015-16 budget with no new taxes and sent it to Democrat Governor Tom Wolf who promptly vetoed the bill and called upon legislative…more

Legislative Agendas, State Budgets

See all updates »

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

See all updates »

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of Confidentiality Claims

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such…more

Chemical Data Reporting, Chemicals, Confidential Information, EPA, Inventory

See all updates »

Series LLCs in PA – Uncertainty Lessens

September 7, 2016 Publications Series LLCs are gaining traction across the country and, although Pennsylvania does not (yet?) permit the formation of Series LLCs, it has taken a major step in solidifying their acceptance here…more

Federal Taxes, IRS, Limited Liability Company (LLC), Separate Entity Rule, Series LLC

See all updates »

McNees Advocate Alert - July 2017

In February 2016, a computer hacker sent an e-mail infected with a “ransomware virus” to an employee of the town of Medfield, Massachusetts. When the e-mail was opened, the virus spread throughout the town’s computer network,…more

Data Breach, Data Protection, Data Security, Municipalities, Software

See all updates »

Top 10 “Must Do’s” Before Selling Your Business

After years of hard work, day after day, night after night, you have decided to part with your “baby”— sell your business. It can be one of the most difficult decisions of your life, and one of the most consequential. It’s…more

Best Practices, Business Succession, Succession Planning

See all updates »

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49…more

Bodily Injury, Car Accident, Cell Phones, Distracted Driving, Mobile Devices

See all updates »

Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion?…more

First Amendment, Free Speech, Lanham Act, Matal v Tam, Redskins

See all updates »

New Law to Govern Pennsylvania Entities

Effective February 21, 2017, Pennsylvania law will change significantly for business corporations, nonprofit corporations, and especially for limited liability companies (“LLCs”), limited partnerships (“LPs”), limited liability…more

Charging Orders, Derivative Suit, General Partnerships, Limited Liability Company (LLC), Limited Partnerships

See all updates »

PA Supreme Court rules against grandparents in landmark custody rights case

A major Pennsylvania Supreme Court decision has tipped the scales against grandparents who attempt to seek custody of their grandchildren during a marital separation. The decision, handed down, ironically, just a day before…more

Child Custody, Grandparents Rights, PA Supreme Court

See all updates »

I-9 Compliance is Now A Lot Easier

For years, employers have struggled with properly completing the requirements of the I-9 Form. Every employee hired after November 6, 1986 must have an I-9 Form on file with the employer. The Form is proof that the employer…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing

See all updates »

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records. The…more

Disciplinary Proceedings, Hiring & Firing, PA Supreme Court, Personnel Records, Termination

See all updates »

Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in…more

Civil Unions, Divorce, Marriage, Obergefell v. Hodges, Same-Sex Marriage

See all updates »

Pennsylvania Senators Introduce New Municipal Debt Reform Bills

Pennsylvania State Senators John Blake, John DiSanto, and Mike Folmer recently introduced a trio of new municipal debt reform bills that follow on the package of reform bills introduced in the Senate in March. The new bills –…more

Political Corruption, Public Sector, Regulatory Reform, Statute of Limitations

See all updates »

Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel in…more

Eminent Domain, Land Parcels, Murr v Wisconsin, Property Owners, Regulatory Takings

See all updates »

SEC Finds That Internet Sales of Tokens and Virtual Coins Are Subject To Federal Securities Laws

On July 25, 2017 the United States Securities and Exchange Commission (“SEC”) released a report on its investigation of an organization involved in selling digital assets (so-called virtual coins or tokens). Its findings serve…more

Blockchain, Initial Coin Offering (ICOs), SEC, Token Sales, Virtual Currency

See all updates »

6 Tips On Legal Writing From A Former Federal Law Clerk

In litigation, first impressions frequently are made through the written word. Professional, coherent and accurate writing is crucial to establishing a good reputation with the court, and ultimately winning your case…more

Appellate Briefs, Legal Writing, Popular, Young Lawyers

See all updates »

The DOL’s Fiduciary Rule Takes Effect Without Further Delay

The Secretary of Labor, John Acosta, announced recently that no further delays will apply to the Department of Labor’s new Fiduciary Rule on investment advice conflicts of interest and related prohibited transaction exemptions. …more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

See all updates »

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the…more

ALJ, Appeals, Arbitration, Charter Schools, Corporate Counsel

See all updates »

You Are the Victim of Defamation: Should You Sue?

It is not unusual to get a telephone call from a client or prospective client (let’s call him John), who says, “Somebody is saying false things about me. I want it to stop, I want an apology, and I want damages.”…more

Cease and Desist, Defamation, Out-of-Pocket Expenses, Publication Requirement, Reputational Injury

See all updates »

The Importance of Supervisor Training

In this video, McNees Attorney Kelley Kaufman describes the importance of conducting the often overlooked periodic supervisor and manager training and how it can protect your company from claims and liability...…more

See all updates »

Department of Education Cash Management Regulations To Become Effective

Final regulations promulgated last year by the United States Department of Education (the “Department”) become effective July 1, 2016. The Department stated that the purpose of the regulations is “to address recent changes in…more

Colleges, Consumer Financial Products, Department of Education, Disclosure Requirements, Prepaid Payment Products

See all updates »

Business without bias: Avoid LGBT discrimination or pay the price

It’s apparent that societal attitudes are changing toward the LGBT community. Before the U.S. Supreme Court legalized gay marriage nationwide, many states had already done so. In other areas, however, the legal status of…more

Anti-Discrimination Policies, Bias, Corporate Culture, Fairness Standard, Gender Identity

See all updates »

Creating ESOPs: 6 Essential Questions For Successful Employee Stock Ownership Plans

The Baby Boomer business owner has worked hard for a lifetime. The company is thriving. But retirement is in sight, and a big question looms: How do I convert a lifetime of hard work into a comfortable retirement income?…more

Baby Boomers, Closely Held Businesses, ESOP, Liquidity, Retirement

See all updates »

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

See all updates »

Table for Two: Food and Beverage Industries Face Common Challenges

Seeing the explosive growth of craft breweries, a long-time coffee producer considers expanding into the lucrative beer market. That migration to craft-beer production is part of a growing wave. Across the U.S., one to two…more

Beverage Manufacturers, Breweries, Corporate Branding, FDA, Food Labeling

See all updates »

Inducement of Patent Infringement by Export – One is Never Enough

In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in what…more

Foreign Patent Applications, Inducement, Intellectual Property Protection, Life Technologies Corp v Promega Corp, PATENT Act

See all updates »

4 Ways DIY Divorces Can Lead to Disaster

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on these…more

Divorce, Marital Assets, Separate Property, Spouses

See all updates »

Workplace Warning: Stiffer OSHA Rules, Penalties Ahead

While workplace safety is a priority for most businesses, defining safety standards means navigating a complex set of OSHA regulations. The task is becoming more daunting, and the stakes are about to increase for missteps…more

CDC, Employer Liability Issues, OSHA, Penalties, Silica

See all updates »

Flurry of Activity by Trump Department of Labor, Including Action on the Enjoined FLSA Overtime Exemption Regulations

On April 27, 2017, the Senate confirmed R. Alexander Acosta as the Secretary of Labor.  More than four months after President Trump took office, the U.S. Department of Labor finally had a new leader…more

Corporate Counsel, DOL, FLSA, Independent Contractors, Joint Employers

See all updates »

MSRB Issues Warning Guidance On Issuer Involvement In Selection of Underwriter’s Counsel

It has traditionally been a fairly common practice in the municipal bond arena for issuers to either select or have significant input into the selection of underwriter’s counsel in connection with the issuance of municipal…more

MSRB, Municipal Bonds, Public Financing, SEC, Underwriting

See all updates »

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying…more

Apple, Apple v Samsung, Corporate Counsel, Damages, Design Patent

See all updates »

GDPR is Coming: Is Your Business Ready?

Even if your company primarily operates in the U.S., the European Union’s General Data Protection Regulation (GDPR)—which will take effect on May 25, 2018—may affect your organization. Here are three facts that all businesses…more

Data Protection, EU, General Data Protection Regulation (GDPR)

See all updates »

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of Confidentiality Claims

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such…more

Chemical Data Reporting, Chemicals, Confidential Information, EPA, Inventory

See all updates »

Win One for the Fiduciary – The PA Supreme Court Clarifies the Interplay of UTA Provisions

As counsel to fiduciaries across our great Commonwealth, I was beginning to despair that changing one’s trustee was becoming as easy as changing the oil in one’s car. In the seminal case of Trust Under Agreement of Edward…more

Beneficiaries, Fiduciary Rule, Orphan's Courts, PA Supreme Court, Trustees

See all updates »

Safeguarding Trade Secrets: What You Need To Know

Chances are your business is built on carefully cultivated client lists and finely honed business-development strategies. You might believe that such information is a trade secret and assume that it’s automatically protected…more

Intellectual Property Protection, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Restrictive Covenants

See all updates »

Old is New: History Repeats Itself

You may recall that in late 2011, we published the article, “Five Persistent Trends Affecting Automobile Dealers.” While the specifics may have changed, many of the trends continue to persist and affect dealers. This is a…more

Audits, Auto Manufacturers, Automobile Recall, Automotive Industry, Automotive Loans

See all updates »

Department of Revenue Issues Guidance Regarding the Act 52-2013 Add-Back Provision

On February 19, 2016, the Pennsylvania Department of Revenue (“Department”) released Information Notice Corporation Taxes 2016-1 (“Notice”) regarding the Act 52-2013 add-back provision that disallows corporate net income tax…more

Add-Back Legislation, Affiliates, Corporate Taxes, Department of Revenue, Tax Deductions

See all updates »

McNees Insights – Estate Planning Newsletter - July 2017

Deducting Miscellaneous Itemized Deductions - You can elect each year to itemize deductions rather than claim the standard deduction. Itemized deductions are those that you claim on Schedule A of Form 1040, Itemized…more

Adjusted Gross Income, Buy-Sell Agreements, Deductions, Estate Planning, Succession Planning

See all updates »

Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement…more

Akamai Technologies, Appeals, Claim Construction, Direct Infringement, En Banc Review

See all updates »

Lease Receipts Subject to Business Privilege Taxes After All

The Pennsylvania Supreme Court recently reversed a 2014 Commonwealth Court decision in which the Commonwealth Court had ruled that the Local Tax Enabling Act (“LTEA”) bars local taxing jurisdictions from imposing business…more

Business Privilege Tax, Commercial Leases, Local Taxes, SCOTUS

See all updates »

Pennsylvanians Penalized As Companies Are Forced To Waste Money Under Guise Of Energy Efficiency

Anyone who has paid an electric bill knows the importance of energy efficiency. Turn off the lights when you leave the room, install energy-saving light bulbs, keep the thermostat at a reasonable temperature: Every day,…more

Carbon Emissions, Electricity, Energy Efficiency, Manufacturers, Pending Legislation

See all updates »

Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly…more

Demand Response, Electricity, Electricity Costs, Energy Market, Energy Sector

See all updates »

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor…more

Class Action, Delivery Drivers, Exempt-Employees, FLSA, Over-Time

See all updates »

Transferability Provisions

When drafting governing agreements (“agreements”) for a corporation, partnership or LLC, provisions addressing the transfer of ownership interests (“interests”) are often not given the attention they deserve…more

Change of Ownership, Consent, Preemption, Transfer of Interest

See all updates »

Basis In Inherited Property

A beneficiary of an estate will often receive property other than cash as a part of an inheritance. It is common for the beneficiary to be unfamiliar with the circumstances under which the decedent obtained the property or the…more

Beneficiaries, Estate Planning, Inheritance

See all updates »

Worksite Notices, Who Needs ‘Em?

Well, if you are an organization that has employees, you do! Although they may be a bit unappealing and often overlooked, worksite notices are required under both federal and state law. In fact, many municipalities and cities…more

Employee Rights, Employer Liability Issues, Notice Requirements, Policies and Procedures, Posting Requirements

See all updates »

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid liability…more

Anti-Harassment Policies, Discrimination, Employer Liability Issues, Employment Litigation, Harassment

See all updates »

Annual Report on Emergency Engines Due to Environmental Protection Agency March 31, 2016, and Update Regarding Emergency Engine Demand Response Participation

The annual report for emergency stationary combustion engines ("emergency engines") must be submitted to the Environmental Protection Agency ("EPA") by March 31, 2016. You are required to submit this report to EPA if you…more

Annual Reports, Demand Response, Emergency Generators, EPA

See all updates »

Breweries Say: “Pennsylvania Beer, Wine, and Liquor…Oh My!”

Given last year’s amendments to the Pennsylvania Liquor Code, emerging malt and brewed beverage manufacturers looking to enter into and successfully compete in the Pennsylvania marketplace have recently been given more options…more

Beer, Beverage Manufacturers, Breweries, Liquor, Liquor Licences

See all updates »

OSHA’s New Reporting Rules to Make Employers Famous

By existing OSHA regulations, most employers (those with more than 10 employees) are required to complete and maintain records pertaining to serious work-related injuries and illnesses, using the OSHA 300 Log, OSHA 301 Incident…more

Electronic Filing, Employee Rights, Notice Requirements, OSHA, Posting Requirements

See all updates »

Three Lessons All Companies Can Learn from the Data Breaches that Cost Yahoo $350 Million

Yahoo Inc. recently disclosed three massive data breaches, which compromised the personal information of 1.5 billion users and cost Yahoo $350 million in its acquisition by Verizon Communications Inc. Additionally, the…more

Acquisitions, Class Action, Cybersecurity, Data Breach, Due Diligence

See all updates »

6 ways to build a foundation for a development project

The best laid development plans often go astray. When a new commercial or housing development, warehouse or other major project is on the drawing board for a Pennsylvania community, project leaders must look at far more…more

Construction Industry, Construction Project, Real Estate Development, Real Estate Market

See all updates »

DOL Releases Proposed Rules Regarding Mandatory Paid Sick Leave for Employees of Federal Contractors

The United States Department Labor recently issued a Notice of Proposed Rulemaking to enforce President Obama’s September 2015 Executive Order establishing paid sick leave for federal contractors. Now that we have been able to…more

Comment Period, Construction Industry, Davis-Bacon Act, DOL, Employee Benefits

See all updates »

Bank Loans Grow In Municipal Market While Bond Issues Shrink

Significant developments in the way municipal entities borrow money are under way. Last year, issuances of new municipal bonds in traditional municipal bond markets dropped to near historic lows and the outlook for 2014 is…more

See all updates »

The Side of Tax Reform They’re Not Telling You

Deep-sixing property taxes is a popular pledge on the state and local campaign trail. But the promise is only half the story. Citizens need to ask: “And then what?” Like a climbing wall, eliminating property taxes may…more

Income Taxes, Property Tax, Public Schools, School Districts, State and Local Government

See all updates »

#RaiseTheWage: Why is Voluntarily Raising the Minimum Wage Rate Trending Across the Country?

For employers covered by the Fair Labor Standards Act (“FLSA”), the debate in Congress over the minimum wage has been a hot button issue. Interestingly, 29 states in addition to Washington D.C., have already enacted legislation…more

DOJ, FLSA, Minimum Wage, Wage and Hour

See all updates »

McNees Insights – Estate Planning Newsletter - July 2017

Deducting Miscellaneous Itemized Deductions - You can elect each year to itemize deductions rather than claim the standard deduction. Itemized deductions are those that you claim on Schedule A of Form 1040, Itemized…more

Adjusted Gross Income, Buy-Sell Agreements, Deductions, Estate Planning, Succession Planning

See all updates »

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 »

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing…more

Arbitration, Arbitration Awards, Firemen, Municipalities, PA Supreme Court

See all updates »

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful…more

Advertising, Aereo, Broadcasting, Coca Cola, Copyright

See all updates »

Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion?…more

First Amendment, Free Speech, Lanham Act, Matal v Tam, Redskins

See all updates »

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.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.