McNees Wallace & Nurick LLC

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

  • 717.232.8000
  • 717.237.5300

McNees Insights: Estate Planning - Summer 2014

In This Issue: - Transitioning The Family Business to the Next Generation - Charitable Trusts and Estate Planning - Recent Tax Developments - Excerpt from Transitioning The Family Business to the…more

Estate Planning, Estate Tax

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Halbig v. Burwell: A Death Blow for the Affordable Care Act?

On July 22, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Halbig v. Burwell that the Affordable Care Act (ACA) authorizes the issuance of tax credits to assist individuals…more

Affordable Care Act, Halbig v Burwell, Healthcare, Healthcare Reform, Tax Credits

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Would You Like Fries . . . and an Unfair Labor Practice Charge with That?

Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued on July 29 by the Office of the General Counsel of the National Labor Relations Board (NLRB). That…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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Failure to Report Cash Payment Over $10,000 May Lead to Government Penalties

For about 25 years, under federal law, businesses have had an obligation to properly handle and report cash payments exceeding $10,000. Some confusion still exists, however, concerning to what types of businesses the reporting…more

Filing Requirements, FinCEN, IRC, IRS, Reporting Requirements

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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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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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Workers' Compensation: Advantages of Self-Insurance

Employers in Pennsylvania can often benefit from self-insuring their workers' compensation plan, rather than simply opting for carrier based coverage year after year. The advantages of self-insurance include the following..…more

Employee Benefits, Self-Insurance, Workplace Injury

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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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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

Act 95, Immunity, Liability, Power of Attorney, Third-Party

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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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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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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

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Can sending a text message make you liable for a car accident?

In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a…more

Car Accident, Distracted Driving, Texting

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Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a…more

ADA, Disability, EEOC, Employee Rights, Employer Mandates

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Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal…more

Copyright, False Advertising, Infringement, Lanham Act, SCOTUS

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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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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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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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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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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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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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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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Two Supreme Court Decisions May Make Frivolous Patent Cases A Bad Bet

In two unanimous decisions handed down yesterday, the United States Supreme Court has offered some encouragement to defendants who choose to litigate against so-called patent trolls that the cost of doing so may be recoverable…more

Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement

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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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Navigating Pennsylvania’s Tax Appeals Process - Updated September 2014

Pennsylvania’s tax appeal system has long been criticized as very complicated, expensive and lacking impartiality. Several years ago, the PA Chamber, the PA Bar Association and other interested groups were able to work with the…more

Client Services, Tax Appeals

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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

See All Updates »

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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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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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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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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Attorney Client Privilege

The attorney client privilege safeguards communications between clients and their attorneys from later disclosure to third parties. This privilege often becomes critical when a client subsequently engages in litigation with an…more

Attorney-Client Privilege

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Criminal Conduct and Corporate Liability

Some blame a general quest for the almighty dollar, others, a decline in moral fiber, but white-collar crime has been around as long as commerce itself, or at least as long as there have been white collars. The film "The Wolf of…more

Personal Liability, Professional Liability, White Collar Crimes

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Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal…more

Copyright, False Advertising, Infringement, Lanham Act, SCOTUS

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Distribution Agreements in Pennsylvania: Til Death Do Us Part

One of the most exciting moments in the existence of a new brewery is the moment you ink your very first distribution agreement. Yes, you never forget your first: you’ve arrived, you’re now part of the Show, and now you’re…more

Breweries, Sales & Distribution Agreements, Wine & Alcohol

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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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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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Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never) -- Some Clarity from the Appellate Courts

In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to…more

Discovery, Expert Testimony, Expert Witness

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Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know." The…more

Background Checks, Best Management Practices, EEOC, Employer Liability Issues, Employment Policies

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Is that Covered? Reservation of Rights Letter

If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim…more

Insurers, Reservation of Rights

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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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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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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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OSHA: Active Agency Agenda, Increased Enforcement Efforts And Legal Update

The Occupational Safety and Health Administration (OSHA), the primary federal agency charged with responsibility for enforcing workplace health and safety regulations, has been very active under the Obama Administration. In…more

Chemicals, Electronically Stored Information, Employer Liability Issues, Investigations, Obama Administration

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EEOC's Attack On Severance Agreements Dealt Blow

As we noted earlier this year, the EEOC has begun filing legal challenges to relatively common provisions found in form severance agreements, based on the EEOC's belief that such language unlawfully interferes with employees'…more

CVS, EEOC, Employee Rights, Severance Agreements, Title VII

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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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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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Mailing FMLA Notices to Employees? Not So Fast

Recently, the United States Court of Appeals for the Third Circuit issued an opinion analyzing the so-called "mailbox rule" in a case which centered on the receipt of an FMLA notice. In Lupyan v. Corinthian Colleges, Inc.,…more

Employee Rights, Employer Liability Issues, FMLA, Mailbox Rule

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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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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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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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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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PA Tax Law News - September 2014

In This Issue: - Sales Factor Sourcing of Services & Intangibles - Nonresident Limited Partners Liable for Personal Income Tax - PA Appeal Systems Changes Update - Personal Responsibility for PA…more

Apportionment, Audits, Foreign Entities, Franchise Taxes, Limited Partnerships

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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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McNees Insights: Estate Planning - Summer 2014

In This Issue: - Transitioning The Family Business to the Next Generation - Charitable Trusts and Estate Planning - Recent Tax Developments - Excerpt from Transitioning The Family Business to the…more

Estate Planning, Estate Tax

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Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB

Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of other…more

Employee Rights, Employer Liability Issues, Hiring & Firing, NLRB, Obscenity

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State Impacts of the Environmental Protection Agency's Clean Power Plan Rule

Earlier this month, the Environmental Protection Agency ("EPA") proposed the new Clean Power Plan Rule, which has been touted as President Obama's most significant environmental proposal to date. The main goal of the Clean…more

Clean Power Plan, Environmental Policies, EPA, Power Plants

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Long-Term Employee Ineligible for UC Benefits for Violating Workplace Conduct Policies

After nearly 21 years of employment, a full-time clerk with Turkey Hill lost her job for engaging in several instances of bad behavior within a short period of time. The employee initially received a verbal counseling from her…more

Hiring & Firing, Termination, Unemployment, Unemployment Compensation System

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Is This The End of Patent Trolls?

Following the Supreme Court's recent guidance in Alice Corp. v. CLS Bank International, several software patents have been invalidated by the Federal Circuit, and district courts. In Alice Corp., the court set out a two prong…more

CLS Bank v Alice Corp, Corporate Counsel, Patent Trolls, Patent-Eligible Subject Matter, Popular

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Would You Like Fries . . . and an Unfair Labor Practice Charge with That?

Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued on July 29 by the Office of the General Counsel of the National Labor Relations Board (NLRB). That…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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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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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 »

PA Tax Law News - September 2014

In This Issue: - Sales Factor Sourcing of Services & Intangibles - Nonresident Limited Partners Liable for Personal Income Tax - PA Appeal Systems Changes Update - Personal Responsibility for PA…more

Apportionment, Audits, Foreign Entities, Franchise Taxes, Limited Partnerships

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McNees Insights: Estate Planning - Summer 2014

In This Issue: - Transitioning The Family Business to the Next Generation - Charitable Trusts and Estate Planning - Recent Tax Developments - Excerpt from Transitioning The Family Business to the…more

Estate Planning, Estate Tax

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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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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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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
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Locations
Other U.S. Locations
  • D.C.
  • Ohio
Number of Attorneys

100+ Attorneys

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