McNees Wallace & Nurick LLC

CTA Here to Stay? Federal District Court Rules Corporate Transparency Act Unconstitutional

Although the Corporate Transparency Act (“CTA”) became effective Jan. 1, 2024, in just two short months, its constitutionality was challenged in the U.S. District Court, Northern District of Alabama’s decision issued on March 1:…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

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2022 Copyright Law Recap: Andy Warhol, Social Media Content, And Taking Shortcuts In Copyright Applications

HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy…more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, Intellectual Property Protection

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Is Part of the Solution to the Housing Problem Already Built?

The affordability of housing in America is a well-documented growing issue. Some public officials have declared it a crisis. The recent spike in mortgage rates certainly will not improve the situation. Public officials and…more

Affordable Housing, Housing Developers, Housing Market, Real Estate Development, Residential Real Estate Market

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Pennsylvania Commonwealth Court Issues Long-Awaited Decision in Ursinus College Prevailing Wage Appeal

The Pennsylvania Commonwealth Court recently issued a long-awaited opinion in a prevailing wage appeal brought by Ursinus College, captioned at Ursinus College v. Prevailing Wage Appeals Board, No. 828 C.D. 2021 (Pa. Commw. Ct…more

Construction Project, Prevailing Wages, Project Finance, Wage and Hour

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Proposed Tax Law Changes

A memo prepared by the House Ways and Means Committee outlining the proposed tax law changes has been released. The memo is accompanied by the actual bills submitted to the House. The memo outlines a variety of proposed…more

Estate Tax, Gift Tax, Income Taxes, Tax Planning, Tax Rates

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Addressing Workers’ Compensation Issues for the Remote Workforce

The ever-evolving work landscape and rise of remote work have brought about new challenges and opportunities for Pennsylvania employers. A critical aspect of maintaining employee well-being and ensuring legal compliance has…more

Employees, Employer Liability Issues, Environmental Policies, Labor Reform, Labor Regulations

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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OSHA Issues Emergency Standards for COVID-19 Testing and Vaccination in the Workplace

On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) imposing requirements pertaining to vaccinations,…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, OSHA

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Borough of Phoenixville – Partial Sale of Water System

On December 4, 2019, the Borough of Phoenixville, Chester County (“Borough”) closed on the sale of a portion of its water system to Aqua Pennsylvania, Inc. (“Aqua”) for $3.46 million.  Importantly, the Borough will retain full…more

Infrastructure, Municipalities, Public Interest, Public Utilities Commission, Public Utility

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Informed Consent in Pennsylvania – The Supreme Court of Pennsylvania Issues a Wake-Up Call

It has been nearly four months since the Supreme Court of Pennsylvania issued its opinion in the case of Shinal v. Toms. In its opinion, the Court considered the issue of informed consent under Pennsylvania law and issued a…more

Health Care Providers, Informed Consent, PA Supreme Court, Physicians, Standard of Care

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NLRB General Counsel Says Non-Compete Agreements Violate the NLRA

It’s no secret that non-compete agreements have recently come under greater scrutiny by the federal government.  In July 2021, President Joe Biden signed an Executive Order on “Promoting Competition in the American Economy”…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRA, NLRB General Counsel

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USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?

In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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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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U.S. Treasury Proposes New Regulations on Eligibility Requirements for Clean Energy Tax Credits under the Inflation Reduction Act

The United States Department of the Treasury (Treasury) on June 3, 2024 published proposed regulations on Internal Revenue Code (IRC) Sections 45Y and 48E, which provide for clean energy production and investment tax credits for…more

Clean Energy, Energy Tax Incentives, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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The Collaborative Law Act

The Collaborative Law Act will take effect on August 27, 2018. Collaborative Law is an alternative dispute resolution practice that allows family members with legal issues to resolve their matters without court involvement…more

Collaboration, Dispute Resolution

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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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Change the Case—Deconstructing a Recent Slip and Fall Plaintiff’s Verdict

We have all pulled on a thread, and kept pulling, and kept pulling until we have four feet of thread balled up in our hands. “What did I just do to my sweater?” In litigation, we have to pull the thread and see where it leads…more

Bodily Injury, Documentation, Slip and Fall

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Business Interruption Insurance: An Uncertain Path

As you have undoubtedly heard, the COVID-19 pandemic caused countless businesses to turn to their insurance companies for assistance, making claims under their policies for business interruption coverage. While every insured’s…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Policy Terms

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Imminent and Substantial: The Third Circuit Holds That the Leak of Personal Information onto the Dark Web is Sufficient to Establish an “Injury-In-Fact”

A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir…more

Cybersecurity, Dark Web, Data Breach, Data Security, Injury-in-Fact

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Federal Court Finds Educational Institutions Can Be Held Liable Under Title IX for Actions of Non-Students

In a precedential decision, the United States Court of Appeals for the Third Circuit recently revived a lawsuit against Millersville University, finding for the first time that a university may be held liable under Title IX for…more

Colleges, Corporate Counsel, Educational Institutions, Sexual Harassment, Title IX

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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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Phase 3 Grants Announced for Lancaster County Economic Recovery

hase 3 of the Recovery Lancaster grant program will soon make $10 million available for businesses, 501(c)(3) nonprofits and agricultural entities in Lancaster County that continue to suffer sustained financial impact from…more

501(c)(3), CARES Act, Coronavirus/COVID-19, Economic Development

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Pennsylvania Distributing $200 Million to Bolster Broadband Infrastructure Projects for Unserved and Underserved Areas

The Pennsylvania Broadband Development Authority (Authority) is currently accepting applications for the Broadband Infrastructure Program (Program), funded through the federal Capital Projects Fund, to distribute $200 million in…more

Broadband, Broadband Internet Access Services (BIAS), Infrastructure, Infrastructure Financing, Telecommunications

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Takeaways from OCR’s Interim Guidance on Title IX

On September 22, 2017, the Office of Civil Rights (“OCR”) announced guidance describing how OCR will assess Title IX compliance while formal regulations are developed. This interim guidance, plus guidance issued by OCR in 2001…more

Clear and Convincing Evidence, Interim Guidance, OCR, Preponderance of the Evidence, Sexual Conduct

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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McNees Insights Estate Planning News - June 2018

Guardians and Guardianships - Some statistics to consider – according to recent governmental estimates, 8.5% of people worldwide (617 million) are age 65 or older. This is projected to jump to nearly 17% of the world’s…more

Estate Planning, Guardians, IRS, Offshore Funds, OVDP

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PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

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Driver’s License Please – Article 9 Style

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

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

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Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development Applications (Part III of V)

We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and…more

Building Permits, City Planning Departments, Construction Project, County Planning Commissions, Housing Developers

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Sweeping Privacy Legislation Hits the United States

If your business has customers in California, you will need to comply with the Consumer Privacy Act. On Thursday, June 28, 2018, California enacted its state Consumer Privacy Act, the first state law that will bring…more

Consumer Privacy Rights, Data Security, General Data Protection Regulation (GDPR), Privacy Laws

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

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McNees 2018 in Review – Trademarks, Copyrights and Patents

From big name brawls, to new legislation, to the year of inter partes review, 2018 was a hallmark year for intellectual property law. With so many interesting and informative updates, 2018 has set the bar high for 2019. Let’s…more

Copyright, Fair Use, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Nike

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Price Gouging – It Could Cost You

The COVID-19 crisis has caused many state Attorney’s General, including the Pennsylvania Attorney General (“PA AG”), to encourage consumers to submit complaints and allegations of price gouging. Rest assured that all such…more

Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption, Goods or Services

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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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2021 In Review: Trademarks, Copyrights and Patents

In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Patent Litigation

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The OIG Releases Updated General Compliance Program Guidance

As 2023 came to a close, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released an updated General Compliance Program Guidance (GCPG) manual, which serves as a reference guide for the…more

Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Healthcare

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Non-deductibility of Expenses Incurred in Connection with PPP Loan Forgiveness

The good news for PPP borrowers is that there is no cancellation of indebtedness taxable income generated by the forgiveness of any of the PPP loan.  The not-so-good news is that on April 30, the IRS issued Notice 2020-32,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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Now that marijuana is legal in Maryland, what do employers need to know?

Effective July 1, 2023, Maryland became the 21st state to legalize recreational cannabis.  Individuals 21 and over may now purchase, possess, and use cannabis products without fear of criminal repercussions in the state. …more

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

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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Monetizing “Passive” Public Assets with Solar Projects

Monetization is the process of converting assets into economic value. Looking for more options to generate revenue, municipalities have begun using solar projects to help monetize formerly “passive” or unused public assets, such…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy

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Legal Project Management

In this podcast, Nicole Fiamingo of McNees discusses her role and responsibilities as a Legal Project Management Coordinator…more

Alternative Fee Arrangements, Automation Systems, Business Development, Client Services, Law Firm Ownership

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CTA Here to Stay? Federal District Court Rules Corporate Transparency Act Unconstitutional

Although the Corporate Transparency Act (“CTA”) became effective Jan. 1, 2024, in just two short months, its constitutionality was challenged in the U.S. District Court, Northern District of Alabama’s decision issued on March 1:…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

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PPP Fraud Compliance: The Best Payroll Protection A Company Can Have

After nearly a year of crushing pandemic-related shutdowns and business interruptions, companies facing serious financial challenges are beginning to see the light at the end of the COVID-19 tunnel. Vaccine distribution is…more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, Fraud

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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 Blocks OSHA COVID-19 Vaccination or Test ETS, Allows Separate Vaccine Mandate for Health Care Workers to Take Effect

Yesterday, the United States Supreme Court issued hotly anticipated decisions on two federal government vaccine requirements in response to the ongoing COVID-19 pandemic…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, Infectious Diseases

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Settlement Negotiations Unraveled: Key Lessons from Armstrong Township v. Choice FuelCorp, Inc.

In an unreported panel decision of Armstrong Township v. Lycoming County Board of Assessment Appeals and Choice FuelCorp, Inc., 140 C.D. 2022 (Pa. Cmwlth. Ct. Apr. 5, 2024), the Commonwealth Court of Pennsylvania reversed the…more

Consent Order, Enforcement, Settlement

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USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?

In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

2022 Copyright Law Recap: Andy Warhol, Social Media Content, And Taking Shortcuts In Copyright Applications

HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy…more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, Intellectual Property Protection

See all updates »

2021 In Review: Trademarks, Copyrights and Patents

In late March, Nike Inc. filed suit claiming trademark infringement and dilution in connection with MSCHF Product Inc.’s marketing of a “Satan Shoe” bearing Nike’s trademark. U.S. District Court Judge Eric R. Komitee for the…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Patent Litigation

See all updates »

New Law to Govern Pennsylvania Entities

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

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

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Valuing a Closely Held Business in Divorce: Pitfalls and Best Practices

Valuing a closely held business can be a complex endeavor, requiring a through analysis of assets, financial statements, financial claims, earning potential and inherent risks. A host of other factors can also influence the…more

Business Valuations, Divorce, Fair Market Value, Marital Assets, Privately Held Corporations

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Have you filed your EEO-1 2023 Report? There’s still time!

EEO-1 reports were due on June 4, 2024.  If you have not yet filed your report, you should do so as soon as possible.  The EEOC has provided a late filing deadline of July 9, 2024 to file your 2023 reports…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Penalties

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FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,…more

Clean Water Act, Discharge of Pollutants, NPDES, Storm Water, Stormwater Discharge Permits

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Seed Investment Structures for Startups: the SAFE (Simple Agreement for Future Equity)

Convertible notes are popular financing instruments for structuring seed-stage investments because they offer a simple, cost effective means of documenting seed capital investments. The “Simple Agreement for Future Equity”…more

Capital Investments, Equity Financing, SAFE, Seed Financing

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FTC’s Noncompete Ban Set Aside by Federal Court

On Wednesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Commonwealth Court Denies Manufacturing Exclusion and Help Supply Services for Sales and Use Tax

In Quality Driven Copack, Inc. v. Commonwealth of Pennsylvania, No. 879 F.R. 2013 (decided December 29, 2021) (opinion not reported), the Pennsylvania Commonwealth Court (the “Commonwealth Court”) held that for the Taxpayer to…more

Exclusions, Manufacturers, Sales & Use Tax, State Taxes

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U.S. Treasury Proposes New Regulations on Eligibility Requirements for Clean Energy Tax Credits under the Inflation Reduction Act

The United States Department of the Treasury (Treasury) on June 3, 2024 published proposed regulations on Internal Revenue Code (IRC) Sections 45Y and 48E, which provide for clean energy production and investment tax credits for…more

Clean Energy, Energy Tax Incentives, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

See all updates »

Pennsylvania Commonwealth Court Issues Long-Awaited Decision in Ursinus College Prevailing Wage Appeal

The Pennsylvania Commonwealth Court recently issued a long-awaited opinion in a prevailing wage appeal brought by Ursinus College, captioned at Ursinus College v. Prevailing Wage Appeals Board, No. 828 C.D. 2021 (Pa. Commw. Ct…more

Construction Project, Prevailing Wages, Project Finance, Wage and Hour

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

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

Blockchain, Initial Coin Offering (ICOs), Securities and Exchange Commission (SEC), Token Sales, Virtual Currency

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E-mails—not quite formal but not informal, bridging the gap in communication

We have all seen the memes on social media that jokingly offer instructions for how to professionally express yourself in an e-mail. Perhaps the most universal suggestion is “per my last e-mail,” meaning that the sender already…more

Electronic Communications, Email, Productivity, Written Communications

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PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

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The NLRB’s Joint Employer Standard, Part III? Part IV? Part V?

For several years we have been providing updates on the Obama-era National Labor Relations Board’s rather employer-unfriendly joint employer standard. We have yet another. We believe the final episode in this saga should be…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Joint Employers

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PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says

As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such employee’s…more

Anti-Discrimination Policies, Employer Liability Issues, Employment Policies, Medical Marijuana

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Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now

As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business. Others have moved on to the next stage of grief,…more

Collective Bargaining Agreements (CBA), Employer Liability Issues, Hiring & Firing, Termination, Unions

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CTA Here to Stay? Federal District Court Rules Corporate Transparency Act Unconstitutional

Although the Corporate Transparency Act (“CTA”) became effective Jan. 1, 2024, in just two short months, its constitutionality was challenged in the U.S. District Court, Northern District of Alabama’s decision issued on March 1:…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

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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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Clean & Green & Sometimes…Mean?

In an effort to preserve agricultural and forest land, Pennsylvania passed The Pennsylvania Farmland and Forest Land Assessment Act of 1974, also known as Clean and Green. Clean and Green provides qualified parcels of land with…more

Agricultural Sector, Land Owners, Property Owners, State and Local Government

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USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?

In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

Preparing for Your 2023 Construction Project Pipeline: Streamline Your Contract Management

With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for efficient and effective contract…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

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Waivers and Modifications for Parking Relief: What Do You Mean We Don’t Need a Variance?

...The main issue seems to relate to the number of parking spaces required, proposed, and provided. While most developers and builders seek flexibility to provide parking in accordance with industry trends or neighborhood…more

Parking Lots, Regulatory Requirements, Waivers, Zoning Laws

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Longstanding Fraternal Organizations May Now Qualify For Tax Exempt Status in Pennsylvania

A little-known statutory change now allows for certain fraternal societies to obtain tax exempt status in Pennsylvania. In Hospital Utilization Project v. Commonwealth, 487 A.2d 1306 (Pa. 1985) (“HUP”), the Pennsylvania Supreme…more

Charitable Organizations, PA Supreme Court, Tax Exempt Entities

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Preparing for Your 2023 Construction Project Pipeline: Streamline Your Contract Management

With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for efficient and effective contract…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

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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, Securities and Exchange Commission (SEC)

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Table for Two: Food and Beverage Industries Face Common Challenges

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

Beverage Manufacturers, Breweries, Corporate Branding, Food and Drug Administration (FDA), Food Labeling

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Bond Issue Fundamentals: A Guide to the Participants and the Process - Updated

A bond issue (a debt obligation of a local government) is often perceived as a mystery for many Pennsylvania local government officials and solicitors. The securities and tax regulations governing municipal bonds have grown…more

Bondholders, Bonds, Consumer Protection Act, Credit Enhancements, Disclosure Requirements

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CTA Here to Stay? Federal District Court Rules Corporate Transparency Act Unconstitutional

Although the Corporate Transparency Act (“CTA”) became effective Jan. 1, 2024, in just two short months, its constitutionality was challenged in the U.S. District Court, Northern District of Alabama’s decision issued on March 1:…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

See all updates »

The Corporate Transparency Act: What Is It and What Does It Mean for Business Owners?

A significant change in the landscape of corporate compliance is on the horizon, and it will affect the vast majority of small businesses. On January 1, 2024, reporting under the Corporate Transparency Act (the “CTA” or “Act”)…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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2022 Patent Law Recap: IPR Argument Strategy, Artificial Intelligence, and Forum Selection Clauses

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S. Patent…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Supreme Court Excuses Inadvertent Mistakes in Copyright Registration

The U.S. Supreme Court recently ruled that certain types of inadvertent mistakes will not void a copyright registration. In an opinion published February 24, 2022, the Court held lack of either factual or legal knowledge can…more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, SCOTUS

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Federal Court Blocks Key Provisions of Updated Davis-Bacon Regulations

On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction…more

Davis-Bacon Act, Department of Labor (DOL), Preliminary Injunctions, Prevailing Wages

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IRS Issues Transition Period for Requiring Roth Catch-Up Contributions

Individuals who are 50 years old or older may make additional contributions to 401(k) plans, referred to as catch-up contributions.  Secure 2.0 included a requirement that starting January 1, 2024, only participants who earn…more

401k, Employee Contributions, Employer Contributions, IRS, Roth IRA

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UPDATE – DOL’s New Minimum Salary Requirements for the FLSA’s White-Collar Exemptions Take Effect (For Every Covered Employer Except Texas)

In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024.  These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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LIBOR Regulator Announces Definitive LIBOR Cessation Guidance

On November 30, 2020 UK and US regulators published a series of statements providing guidance and milestones for the transition away from LIBOR and cessation of LIBOR rate publication…more

Banking Sector, Benchmarks, Libor, UK

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

See all updates »

McNees Litigation News - April 2019

Copyrighting Your Body: A Defense Against Revenge Pornography - When personal, intimate photographs or videos become exposed to the public via websites or other media, victims suffer immense loss and seemingly have little…more

Communications Decency Act, Copyright, DMCA, Personally Identifiable Information, Revenge Porn

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OSHA Issues Revised COVID-19 Guidance on Protecting Workers

On June 10, 2021, OSHA released a revised version of its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Workplace Guidance”). This Guidance was issued simultaneously with the…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, General Duty Clause, Health and Safety

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FTC’s Noncompete Ban Set Aside by Federal Court

On Wednesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Construction Stormwater Update: Draft PAG-02 Permit Open for Comment

The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction activities…more

Construction Industry, NPDES, Storm Water, Stormwater Discharge Permits

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Homes for Vets in Harrisburg: Highlighting Two Projects in the Capital Region

We do not often highlight specific projects on this blog, but with the anniversary of 9/11 approaching, it seemed fitting to recognize two development projects in the area that will support our veterans…more

Enforcement, Homeless Issues, Housing Developers, HUD, SCOTUS

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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EEOC Will Cease Collecting EEO-1 Component 2 Pay Data

The Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019 that it will not be seeking renewal for collection of EEO-1 Component 2 pay data, which requires employers with 100 or more employees to submit…more

Comment Period, Data Collection, Deregulation, EEO-1, Equal Employment Opportunity Commission (EEOC)

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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, Automobile Recall, Automotive Industry, Automotive Loans, Car Dealerships

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Allegheny County Changes its Annual Assessment Deadline for the 2025 Tax Year and Forward

Allegheny County is no longer going to be the oddball Pennsylvania county when it comes to its annual assessment appeal deadline. On June 4, 2024, Allegheny County amended its Ordinance regarding annual assessment appeal…more

Appeals, Deadlines, Pennsylvania, Tax Assessment

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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PA Attorney General Warning to Pennsylvania Automotive Dealers

March 17, 2022Publications Pennsylvania Attorney General Josh Shapiro has issued a warning to Pennsylvania automotive dealers that there has been an increase in consumer complaints relating to automotive dealership practices to…more

Automotive Industry, Car Dealerships, State Attorneys General

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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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The Fair Chance Act: Federal Contractors and Federal Agencies Will Have to Ban the Box

Federal government contractors will need to be aware of the Fair Chance Act, a recently enacted statute that is scheduled to go into effect on December 20, 2021.  The Act is a “ban-the-box” law that prohibits covered employers…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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Steelton Borough Authority – Sale of Water Assets

On October 9, 2019 Steelton Borough Authority (Authority) closed on the sale of its water assets to Pennsylvania-American Water Company for $21.750 million in cash and $35.7 million in committed capital improvements. As a part…more

Public Finance, Public Utilities Commission, Utilities Sector, Water

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PA Supreme Court Interprets “Costs of Performance” Statute and Determines Attorney General’s Office May Take Independent Positions in Tax Appeals

In a long-awaited decision, the Pennsylvania Supreme Court recently held in Synthes USA HQ, Inc. v. Commonwealth, 11 MAP 2021, that service providers were required to apportion receipts based on the location where the customer…more

Income Taxes, PA Supreme Court, Tax Appeals, Tax Litigation

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Republicans and Democrats in Harrisburg Are Taking Aim at Pennsylvania’s Housing Affordability and Availability Troubles: Potential Impacts to Builders, Municipalities, and Homeowners

In the years following the Covid-19 Pandemic, the affordability and availability of homes has become a glaring issue in Pennsylvania and beyond, primarily due to rising interest rates, inflation, labor shortages, and an overall…more

Affordable Housing, Interest Rates, Pennsylvania, Price Inflation

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Pennsylvania Begins Debate Over Greenhouse Gas Reductions – How Governor Wolf’s Executive Order On The Regional Greenhouse Gas Initiative (RGGI) Impacts Commonwealth Consumers

On October 3, 2019, Pennsylvania Governor Tom Wolf issued Executive Order No. 2019-07 titled Commonwealth Leadership in Addressing Climate Change through Electric Sector Emissions Reductions. The Executive Order requires the…more

Climate Change, Executive Orders, Greenhouse Gas Emissions, RGGI

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Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former University…more

Collective Bargaining Agreements (CBA), Employee Rights, Employer Liability Issues, First Amendment, Free Speech

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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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Bare Minimum Mondays – An Exercise in Self-Sabotage

After the pandemic began to ease, and labor availability was the lowest in recent history, many employees found themselves working more and more to fill the gaps in the workforce. That led to the trend popularized a year ago…more

Employer Liability Issues, Employment Policies, Job Descriptions, Job Duties

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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ESG and SEC: Impact of the Judicial Review on the Final Rules for Climate-Related Disclosures

As part of the Securities and Exchange Commission’s ongoing and evolving mission to enhance disclosures for investors, the SEC published final rules relating to climate-related disclosures for investors (final rules). When…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Investment

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Zoning Variances: How a “Hardship” May Evolve Over Time

Often times, property owners wish to develop their property in a manner that differs from what is allowed by their local zoning ordinance. When this happens, the property owner must seek and obtain a “variance” from their…more

County Planning Commissions, Hardship Extensions, Local Ordinance, Property Owners, Variances

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Estate Planning and the Upcoming Elections

The upcoming federal elections are a reminder that estate plans should be reviewed frequently to make sure the plan carries out your wishes in a tax-efficient manner. You may want to revise your plan depending upon the potential…more

Estate Planning, Estate Tax, Gift Tax, Income Taxes, Inheritance Tax

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Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Fair Share Contribution, First Amendment, Free Speech

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The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned…more

Federal Trade Commission (FTC), Final Rules, NLRA, NLRB, Non-Disclosure Agreement

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COVID-19 Update from the Pennsylvania Liquor Control Board

As Pennsylvanians are now all aware, Governor Wolf has indicated that he intends to use a phased approach in lifting his previously-issued emergency declaration designating counties as “red,” “yellow,” or “green” counties. …more

Administrative Agencies, Coronavirus/COVID-19, Liquor Control Boards, Re-Opening Guidelines, Retail Market

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To Assess or Not to Assess? Temporary Tax Exemption for New Residential Construction

Over the course of 2022, rising interest rates and inflation slowed the housing market frenzy. As a result, for the first time since the early days of the COVID-19 pandemic, residential homebuilders may find themselves with…more

Housing Developers, Interest Rates, Residential Real Estate Market, Tax Exemptions

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OSHA Issues Coronavirus Guidance for Employers

Coronavirus (COVID-19) has dramatically changed our daily lives, at least for now and the foreseeable future. What tomorrow (or the next hour) will bring is a bit uncertain.  In an effort to assist employers faced with unique…more

Best Practices, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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SCOTUS Raises the Bar for Employers Denying Religious Accommodation Requests

In a unanimous decision, the U.S. Supreme Court recently clarified the circumstances under which an employer may deny a request for a religious accommodation under Title VII.  Specifically, in Groff v. DeJoy, the Court held that…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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ESG and SEC: Impact of the Judicial Review on the Final Rules for Climate-Related Disclosures

As part of the Securities and Exchange Commission’s ongoing and evolving mission to enhance disclosures for investors, the SEC published final rules relating to climate-related disclosures for investors (final rules). When…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Investment

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CARES Act: Financial Relief For Nonprofit Organizations

As employers continue to navigate the uncertainty of COVID-19’s financial impact on their organizations, many eligible business owners are taking advantage of emergency loan opportunities made available by the Coronavirus Aid,…more

501(c)(3), CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Bond Issue Fundamentals: A Guide to the Participants and the Process - Updated

A bond issue (a debt obligation of a local government) is often perceived as a mystery for many Pennsylvania local government officials and solicitors. The securities and tax regulations governing municipal bonds have grown…more

Bondholders, Bonds, Consumer Protection Act, Credit Enhancements, Disclosure Requirements

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6 ways to build a foundation for a development project

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

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

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Grant Funding Announced for Rural Transit, Other Projects through U.S. Department of Transportation

The U.S. Department of Transportation recently announced the availability of billions of dollars in grant funds for infrastructure and transportation projects, including over $700 million allocated to the Rural Surface…more

Department of Transportation (DOT), Funding, Infrastructure

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Challenging Market Conditions Require Commercial Real Estate Owners to Find Creative Solutions

October 10, 2023Publications Tighter credit, lower asset valuations and changes in consumer demand will force property owners to reimagine how real estate assets are currently used and to deploy new tools to ensure real estate…more

Commercial Real Estate Market, Equity, Joint Venture, Property Owners, Real Estate Market

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Are Shooting Ranges Protected Under the Second Amendment?

In an earlier blog post, we discussed how the Commonwealth Court found that a Stroud Township ordinance prohibiting the unauthorized discharge of firearms in the Township did not pass constitutional muster. The Township only…more

Firearms, Gun Laws, Second Amendment

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Pennsylvania Accepting Applications from Non-Profits for $3.2 Million in Physical and Cybersecurity Grants

On April 24, 2024 the Pennsylvania Emergency Management Agency (PEMA) announced it is accepting applications from eligible non-profits for funding to enhance physical and cybersecurity at organizations that may be at risk for…more

Applications, Cybersecurity, Grants, Nonprofits, Pennsylvania

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President Biden Issues Executive Order and Announces Plans for Mandatory Vaccination Requirements for Federal Contractors, Large Employers, and Others

President Biden announced new strategies yesterday to combat COVID-19. The President’s plan includes requiring that federal contractors mandate that their employees be vaccinated against COVID-19 and that all private companies…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees

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Seven Lessons to be Learned from Recent SEC Enforcement Actions Involving Municipal Bond Financings

Since September 2021, the United States Securities and Exchange Commission (the SEC) has brought five enforcement actions regarding municipal bond financings. The issuers of these bonds are Sweetwater Union High School District…more

Enforcement Actions, Municipal Bonds, Municipal Securities Issuers, Securities and Exchange Commission (SEC)

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New Legislation Eases “PPP” Loan Forgiveness Restrictions

On June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”). As the name suggests, the Flexibility Act provides PPP loan borrowers (“Borrowers”) with…more

CARES Act, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Vaccine Premium Differentials Are Permissible Under Wellness Plans and No Cost Shares Allowed for Authorized Vaccines and Boosters

A recently published FAQ prepared by the Departments of Labor, Health and Human Services and Treasury answers frequently asked questions regarding vaccine premium differentials and HIPAA nondiscrimination rules, as well as the…more

Coronavirus/COVID-19, Health Insurance Portability and Accountability Act (HIPAA), Infectious Diseases, Vaccinations

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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

Environmental Protection Agency (EPA), Power Companies, RICE NESHAP

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Act 61 – What you need to know about emerging changes to guardianships in Pennsylvania

Legislation impacting guardianship cases in Pennsylvania takes effect tomorrow, June 11, so practitioners operating in this realm and those serving as guardians across the Commonwealth should make themselves aware of the changes…more

Guardianships, Incapacitated Persons, Pennsylvania, Proposed Legislation

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Floating Restaurants: One and Done or More to Come?

On June 7, 2022, Taco Bell opened its newest location in Brooklyn Park, Minnesota, a suburb of Minneapolis. Unlike other Taco Bell locations, the Brooklyn Park restaurant offers exclusively drive-through services with no…more

Fast-Food Industry, Parking Lots, Restaurant Industry, Taco Bell, Zoning Laws

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Bond Issue Fundamentals: A Guide to the Participants and the Process - Updated

A bond issue (a debt obligation of a local government) is often perceived as a mystery for many Pennsylvania local government officials and solicitors. The securities and tax regulations governing municipal bonds have grown…more

Bondholders, Bonds, Consumer Protection Act, Credit Enhancements, Disclosure Requirements

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Just When You Thought You Were All Zippered Up . . .The NLRB Issues a New Decision on Zipper Clauses

If you are gearing up for union negotiations in 2024, do not miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining agreements.  Trust me, it will be…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Negotiations, NLRA, NLRB

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UPDATE – DOL’s New Minimum Salary Requirements for the FLSA’s White-Collar Exemptions Take Effect (For Every Covered Employer Except Texas)

In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024.  These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment

In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced data…more

Artificial Intelligence, Automated Decision Systems (ADS), Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

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Maryland Renewable Energy Legislation Will Impact Energy Costs

On April 8, 2019, the Maryland General Assembly passed Senate Bill 516 (SB 516), which has been entitled the Clean Energy Jobs Act. This legislation now moves on to Governor Hogan’s desk for review. The Governor may support…more

Clean Energy, Renewable Energy, SREC

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McNees 2019 in Review – Trademarks, Copyrights and Patents

From Supreme Court headlines, to big brand disputes, to the year of cautionary tales, 2019 proved to be another remarkable year for intellectual property law. With so many notable developments in trademark, copyright, and patent…more

Copyright, Corporate Counsel, Intellectual Property Protection, Patents, SCOTUS

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