McNees Wallace & Nurick LLC

McNees Insights – Estate Planning - June Newsletter

Education Tax Credits - There are two tax credits available to help you offset the costs of higher education: the American opportunity credit and the lifetime learning credit. Tax credits are more favorable than deductions…more

American Taxpayer Relief Act, Credit Shelter Trusts, Education Tax Credits, Estate Planning, Intestacy

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Fraud Alert: Computer Hackers Target HR and Payroll Departments – Guard Your W-2s!

Have you by chance recently received an email from your company’s CEO requesting copies of employee W-2 forms? If so, don’t respond without first verbally confirming that the request is legitimate. Several of our clients in…more

Data Breach, Email, Fraud, IRS, Tax Fraud

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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

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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

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Smart Selling And Buying: 5 Main M&A Pitfalls to Avoid

Marcellus Shale drilling was taking off, and the owner of an oil and gas service company fielded a buyout offer from a Wall Street private equity firm. Golden opportunity, right?…more

Acquisitions, Breach of Contract, Business Valuations, Buyers, Due Diligence

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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

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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

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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

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Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Governor Wolf

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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

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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

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Pennsylvania Superior Court Awards Custody to Grandparents Despite Mother’s Objection

Do grandparents have any rights to see their grandchildren? Consider the case K.T. v. L.S., 118 A.3d 1136 (Pa. Super. 2015), in which the Pennsylvania Superior Court awarded partial child custody to a set of grandparents…more

Child Custody, Grandparents Rights, Physical Custody, Standing

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Pa. Wiretap Laws Forbid Use of Smart Phone Apps to Record Conversations

The Pennsylvania Supreme Court has delved into the “App Store,” addressing for the first time the use of smartphones and their applications in the context of illegal wiretapping. Pennsylvania’s Wiretap Act forbids the…more

Mobile Apps, PA Supreme Court, Private Communications, Smartphones, Surveillance

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Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent…more

ADA, Civil Rights Act, Disability, EEO-1, EEOC

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OSHA Finalizes New Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule that will require covered employers to take the additional step of electronically submitting to OSHA,…more

Data Collection, OSHA, Personally Identifiable Information, Recordkeeping Requirements, Reporting Requirements

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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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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

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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

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Is Attorney-Client Privilege Affected By Who Pays Counsel Fees?

After receiving great interest from our “Fiduciary Exception to the Attorney-Client Privilege” article, we provide this follow-up article to address a possible “exception to the exception” that may still protect documents…more

Attorney-Client Privilege, Beneficiaries, Fiduciary Duty

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Dangerous Curves: How Transit Companies Can Navigate Fed Safety Audits

Let trucking and bus companies, and shippers of hazardous materials, beware: Federal safety audits can be hazardous to your company’s overall and financial health…more

Audits, Drivers, FMSCA, Public Transit, Safety Inspections

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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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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 »

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

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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

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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 Companies, Limited Partnerships, Tax Liability

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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

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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

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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

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Strictly business: Could a Commerce Court make Pennsylvania a corporate magnet?

Nearly two-thirds of Fortune 500 businesses are incorporated in Delaware. More than 1 million businesses and half of all publicly traded U.S. companies are registered in Delaware…more

Business Court, Complex Litigation, Proposed Legislation, Shareholder Litigation, State of Incorporation

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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

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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

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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

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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

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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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Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

On December 21, 2015, the Pennsylvania Supreme Court decided the case Gilbert, et al. v. Synagro Central, LLC, et al., Pa Supreme Court No. 121 MAP 2014 (December 21, 2015), which interpreted a provision of the Pennsylvania…more

Agricultural Land, Biosolids, Nuisance, PA Supreme Court, Right to Farm Act

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New Crowdfunding Rules Present Challenges and Opportunity

On May 16th, the U. S. Securities and Exchange Commission’s long-awaited rules known as “Regulation Crowdfunding” take effect, providing a revolutionary method for emerging companies to raise capital. The SEC’s adopting release…more

Capital Raising, Crowdfunding, Funding Portal, JOBS Act, SEC

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HIPAA Modifications to Strengthen Firearm Background Checks

As part of the President's recently announced initiative to strengthen background checks for firearm purchases, the Department of Health and Human Services (HHS) released a modification to the HIPAA regulations. According to…more

Background Checks, Barack Obama, Covered Entities, Criminal Background Checks, Firearms

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BREXIT Causes Uncertainty in UK Trademark Protection

The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to…more

Community Trade Mark Regulation (CTM Regulation), EU, European Union Intellectual Property Office (EUIPO), European Union Trademark (EUTM), OHIM

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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

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Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in…more

Apple, Discovery, Electronically Stored Information, Employment Policies, Encryption

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New Law: Has Your PA Corporation Updated its Bylaws?

It is now almost one year since the Associations Transaction Act came into effect in Pennsylvania on July 1, 2015. It is a good time to ask the question: Has your Pennsylvania corporation updated its Bylaws?…more

Bylaws, Privately Held Corporations, Publicly-Traded Companies, Shareholders

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Untying the knot: It’s time for Pennsylvania to cut the divorce waiting period

Maximizing the stability of marriage while minimizing the damage of divorce should be the goal of divorce law in Pennsylvania. Sadly, the intent is there, but the effect is not…more

Divorce, No-Fault Divorce, Pending Legislation, Reconciliation, Waiting Periods

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Revised EEO-1 Requirements Give EEOC New Window into Your Employment Practices

Employers with more than 100 employees and federal contractors are probably more than familiar with the EEO-1 reporting requirements, but those requirements are about to change. On July 13, 2016, the Equal Employment Opportunity…more

Data Collection, EEO-1, EEOC, Equal Pay, Federal Contractors

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Appellate Court Explains Difference Between Divorce Settlement Agreement And All Other Contracts

In an April 2016 non-precedential Superior Court Appellate decision, Doyle v. Doyle, the court found that a husband and wife had entered into a valid divorce settlement agreement despite the wife’s argument that the agreement…more

Amended Complaints, Appeals, Declaratory Judgments, Disclosure Requirements, Divorce

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Pennsylvania 2016-2017 Budget Revives Brewers’ Tax Credit – With A Catch

Pennsylvania Governor Tom Wolf recently signed into law the last piece of the 2016-2017 budget picture: House Bill 1198, the revenue package to pay for the spending previously approved by the House and Senate and which became…more

Beverage Manufacturers, Breweries, Capital Expenditures, E-Cigarettes, Governor Wolf

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Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

On December 21, 2015, the Pennsylvania Supreme Court decided the case Gilbert, et al. v. Synagro Central, LLC, et al., Pa Supreme Court No. 121 MAP 2014 (December 21, 2015), which interpreted a provision of the Pennsylvania…more

Agricultural Land, Biosolids, Nuisance, PA Supreme Court, Right to Farm Act

See All Updates »

New Crowdfunding Rules Present Challenges and Opportunity

On May 16th, the U. S. Securities and Exchange Commission’s long-awaited rules known as “Regulation Crowdfunding” take effect, providing a revolutionary method for emerging companies to raise capital. The SEC’s adopting release…more

Capital Raising, Crowdfunding, Funding Portal, JOBS Act, SEC

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

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FAQs Regarding The ACA's Employer Reporting Requirements And Delay Of Reporting Requirements (Part 2 Of 2)

A few weeks ago, we provided the most Frequently Asked Questions regarding the employer reporting requirements under The Patient Protection and Affordable Care Act (the "ACA"), which are generally effective beginning January 1,…more

Affordable Care Act, Applicable Large Employers (ALE), Filing Deadlines, Form 1095, Full-Time Employees

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Smartphones & Smart Employers: Device Policies Enable Businesses To Safely Embrace Technology

Employers who don’t think they need a bring-your-own-device policy should consider this: Nearly 70 percent of millennials and 31 percent of baby boomers surveyed last year by TrackVia admitted to using their own devices and…more

Bring Your Own Device, Data Protection, Data Security, Disclosure, Electronically Stored Information

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Supreme Court Slams The Brakes On Challenge To Disparate Act

As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or…more

Automotive Industry, Automotive Loans, Car Dealerships, CFPB, Discrimination

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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

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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

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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

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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

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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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Enhanced Patent Damages Standard Relaxed – Supreme Court Sinks Seagate

On June 13, 2016, the Supreme Court unanimously rejected the Federal Circuit’s current standard for awarding enhanced patent damages, finding it too rigid and inconsistent with the enhanced damages statute, 35 U.S.C. §284. As a…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

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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 »

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

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Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Governor Wolf

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Voluntary Reporting of Bank Loans – Best Practice or Sword of Damocles?

One of the hottest current topics in the world of municipal finance is the issue of the “voluntary” reporting on the Municipal Securities Rulemaking Board’s (“MSRB”) Electronic Municipal Marketplace Access system (“EMMA”) of…more

Loans, MSRB, Municipal Securities Issuers, Municipal Securities Market

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Federal Circuit “Tones Down” Efforts to Expand Patent Exhaustion

In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both domestic…more

First Sale Doctrine, Foreign Sales, Kirtsaeng v. John Wiley & Sons, Lexmark, Patent Exhaustion

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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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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

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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

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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

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Spendthrift Trusts – How to (Properly) Protect A Beneficiary From Herself

Much of the estate planning process is engaged with protecting vulnerable persons from negative outside influences. We name guardians to take care of minor children, utilize Powers of Attorney to facilitate substitute…more

Beneficiaries, Estate Planning, Power of Attorney, Spendthrift Trusts

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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

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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

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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

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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 »

McNees Insights – Estate Planning - June Newsletter

Education Tax Credits - There are two tax credits available to help you offset the costs of higher education: the American opportunity credit and the lifetime learning credit. Tax credits are more favorable than deductions…more

American Taxpayer Relief Act, Credit Shelter Trusts, Education Tax Credits, Estate Planning, Intestacy

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Spousal Lifetime Access Trusts

In 2016, every U.S. citizen and non-citizen resident is able to shelter $5,450,000 from the federal estate tax. As a result, with minimal planning spouses can effectively shelter $10,900,000 from the federal estate tax. However,…more

Asset Transfer, Estate Tax, Grantors, SLAT, Spouses

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To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question

Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems to have a medical emergency between Thanksgiving and January 1. Similarly, another employee regularly calls out of work…more

FMLA, Hiring & Firing, Paid Leave, Policies and Procedures, Sick Leave

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Judge Puts Brakes on Department of Labor’s “Persuader Rule”

The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice and…more

Attorney-Client Privilege, DOL, Due Process, Fifth Amendment, Final Rules

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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

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Discounting Alcoholic Beverages

Happy hours, daily drink specials, and promotions are popular incentives used by retail licensees to attract business, remain competitive, and satisfy their customers’ expectations. In implementing these practices, however,…more

Discounts, Hospitality Industry, Licensees, Liquor, Wine & Alcohol

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OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection…more

Assault, Employer Liability Issues, Home Health Care, Home Healthcare Workers, OSHA

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Data Breaches: Are You Ready (for the inevitable)?

In 2015, identity theft occurred every two seconds, disrupting the lives of 13.1 million people, according to Javelin Strategy and Research. Year after year, U.S. data breaches have hit record highs, reports the Identity Theft…more

Cybersecurity, Data Breach, Data Loss Prevention, Incident Response Plans, Personally Identifiable Information

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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

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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

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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

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#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

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McNees Insights – Estate Planning - June Newsletter

Education Tax Credits - There are two tax credits available to help you offset the costs of higher education: the American opportunity credit and the lifetime learning credit. Tax credits are more favorable than deductions…more

American Taxpayer Relief Act, Credit Shelter Trusts, Education Tax Credits, Estate Planning, Intestacy

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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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Smartphones & Smart Employers: Device Policies Enable Businesses To Safely Embrace Technology

Employers who don’t think they need a bring-your-own-device policy should consider this: Nearly 70 percent of millennials and 31 percent of baby boomers surveyed last year by TrackVia admitted to using their own devices and…more

Bring Your Own Device, Data Protection, Data Security, Disclosure, Electronically Stored Information

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 »

Contact

100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166, United States

  • 717.232.8000
  • 717.237.5300

Areas of Practice
  • Appellate Practice
  • Commercial Law & Contracts
  • Construction Law
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  • Securities Law
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  • Transportation
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See more
Locations
Other U.S. Locations
  • D.C.
  • Ohio
Number of Attorneys

100+ Attorneys

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