McNees Wallace & Nurick LLC

Life Insurance and Estate Planning

Life insurance can play an important role in estate planning. It is important to understand the uses and purposes of life insurance and the tax consequences of owning a policy and receiving a death benefit…more

Life Insurance, Tax Planning

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Feds Tighten the Belt on "Skinny Plans" and Other ACA Workarounds

On January 1, 2015, employers with 100 or more "full-time equivalents" will be subject to the "Pay or Play" regulations under the Affordable Care Act ("ACA"). Over the past few years, many consultants have sought to identify…more

Affordable Care Act, DOL, Employer Mandates, IRS, Minimum Essential Coverage

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The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although the…more

Ambush Election Rules, Arbitration, Arbitration Agreements, Canning v NLRB, College Athletes

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Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers' Compensation Act?

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be…more

Employee Benefits, Employer Liability Issues, Wellness Programs, Workers' Compensation Defense, Workplace Injury

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Auto Notes - December 2014

In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration Association…more

AAA, Arbitration, Arbitration Agreements, Automotive Industry, Car Dealerships

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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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Third Circuit Rules That Drivers Of Vehicles Weighing Less Than 10,000 Pounds Must Be Paid Overtime Under FLSA

In a new decision, the first on the subject by a federal appellate court, the Third Circuit has ruled in McMaster v. Eastern Armored Services Inc. that drivers who spend a portion of their work driving “covered” commercial motor…more

FLSA, Motor Carrier Act, Motor Carriers, Unpaid Overtime, Wage and Hour

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How To Win Your Workers’ Compensation Case

There are many opportunities to reduce workers’ compensation liability exposure both before and after litigation commences.  Indeed, one of the best strategies for reducing costs is to develop a culture of “safety” in the…more

Best Management Practices, Corporate Counsel, Workplace Injury, Workplace Safety

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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

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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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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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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How To Win Your Workers’ Compensation Case

There are many opportunities to reduce workers’ compensation liability exposure both before and after litigation commences.  Indeed, one of the best strategies for reducing costs is to develop a culture of “safety” in the…more

Best Management Practices, Corporate Counsel, Workplace Injury, Workplace Safety

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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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The New World of Trademark Litigation After The Supreme Court's B&B Hardware Decision

Last week, the U.S. Supreme Court held that a ruling by the Trademark Trial and Appeal Board (TTAB) may be binding on a federal court that later hears the same issue. The Court's decision is likely to significantly affect the…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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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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Devil's in Details of PA Governor's Tax Proposals

On March 3rd, when Governor Wolf submitted his budget and tax proposals for FY 2015-16, it was widely understood that the Sales & Use Tax Manufacturing Exclusion would be retained. What was not said was that he would redefine…more

Corporate Taxes, State Budgets, Tom Wolf

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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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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 2014

In This Issue: - Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities - Focus on Pennsylvania Corporate Taxes - Application and Sale of Restricted Tax Credits -…more

Corporate Taxes, Mining, Natural Gas, Realty Transfer Taxes, Sales & Use Tax

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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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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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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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Grandmother Denied In Loco Parentis Standing, But Door Left Open For Grandparent Standing

D.G. & D.G. v. D.B.& G.V., 91 A.3d 706 (Pa. Super. May 2, 2014) - The D.G. & D.G. v. D.B. & G.V. custody action was originally commenced in 2009 when Grandmother sought partial physical custody of the Child, E.B. ("Child")…more

Child Custody, Grandparents Rights, Physical Custody, Standing

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The New World of Trademark Litigation After The Supreme Court's B&B Hardware Decision

Last week, the U.S. Supreme Court held that a ruling by the Trademark Trial and Appeal Board (TTAB) may be binding on a federal court that later hears the same issue. The Court's decision is likely to significantly affect the…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, 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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Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers' Compensation Act?

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be…more

Employee Benefits, Employer Liability Issues, Wellness Programs, Workers' Compensation Defense, Workplace Injury

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Is That Covered? Hail Damage

Back in May, 2014, parts of Berks and Lancaster counties were hit with a freak hail storm. With hail as large as tennis balls reported, homes and cars suffered significant damage. Hail damage is generally covered under auto…more

Bad Faith, Homeowner's Insurance, Property Damage, Property Insurance, State Farm

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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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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 »

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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Still Waiting for Those New Proposed FLSA Overtime Regulations

You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Wage and Hour

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PA Tax Law News - December 2014

In This Issue: - Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities - Focus on Pennsylvania Corporate Taxes - Application and Sale of Restricted Tax Credits -…more

Corporate Taxes, Mining, Natural Gas, Realty Transfer Taxes, Sales & Use Tax

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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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New Jersey’s Ban the Box Law Goes Into Effect

On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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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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In Defense of Probate

A critical goal of estate planning is to ease the burdens of administering the client’s estate for her beneficiaries. Clients rightfully wish to streamline the process for settlement of their affairs and seek guidance on how…more

Probate, Wills

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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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Devil's in Details of PA Governor's Tax Proposals

On March 3rd, when Governor Wolf submitted his budget and tax proposals for FY 2015-16, it was widely understood that the Sales & Use Tax Manufacturing Exclusion would be retained. What was not said was that he would redefine…more

Corporate Taxes, State Budgets, Tom Wolf

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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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The Trustee's Power to Loan

Trust agreements often give trustees the power to make loans. When and how to exercise the power should be given significant thought. Upholding the fiduciary duty owed to all beneficiaries is always a key concern. …more

Beneficiaries, Fiduciary Duty, Lending, Trustees

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Still Waiting for Those New Proposed FLSA Overtime Regulations

You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Wage and Hour

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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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An OSHA Inspection Can Be Costly for the Unprepared Employer

Knock Knock!  Who’s there?  OSHA.  OSHA who?  OSHA, the federal agency responsible for workplace safety, which is going to hit your company with hefty fines if you are not prepared. This is no joke.  OSHA is a very active and…more

Best Practices, OSHA, Safety Inspections, Workplace Safety

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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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The Trustee's Power to Loan

Trust agreements often give trustees the power to make loans. When and how to exercise the power should be given significant thought. Upholding the fiduciary duty owed to all beneficiaries is always a key concern. …more

Beneficiaries, Fiduciary Duty, Lending, Trustees

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New OFCCP Regulations Protecting LGBT Workers Now In Effect

As you may recall, last July, President Obama signed an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of sexual orientation and gender identity. While many large federal…more

Employer Liability Issues, Executive Orders, Federal Contractors, Gender Discrimination, Gender Identity

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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 »

Devil's in Details of PA Governor's Tax Proposals

On March 3rd, when Governor Wolf submitted his budget and tax proposals for FY 2015-16, it was widely understood that the Sales & Use Tax Manufacturing Exclusion would be retained. What was not said was that he would redefine…more

Corporate Taxes, State Budgets, Tom Wolf

See All Updates »

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the…more

Adverse Employment Action, Discrimination, Document Destruction, Document Retention Policies, EEOC

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Who will get Your Assets – The Hazards of Beneficiary Designations

Most people assume that their Wills will control where their assets go after they die. Increasingly, however, beneficiary designations are controlling how assets are distributed, and sometimes with unexpected results…more

Bank Accounts, Beneficiaries

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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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You're fired! Want to continue to work for us as an Independent Contractor?

This post was contributed by Jennifer E. Will, an Attorney in McNees Wallace & Nurick LLC's Labor & Employment Practice Group in Harrisburg, Pennsylvania. If you do, you'll need to sign a release and waive all of your employment…more

Allstate, EEOC, Employee Definition, Employer Liability Issues, Hiring & Firing

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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
  • 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

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