Author Info for Tucker Arensberg, P.C.

The FTC’s Non-Compete Rule Has Been Struck Down and Will No Longer Take Effect on September 4, 2024.

On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, set aside the Federal Trade Commission’s “Non-Compete Rule” (the “Rule”)…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Injunctive Relief

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New Alert from U.S. Government about “Endemic” Cyber Vulnerability

When was the last time your company’s software was updated? If it was more than six months ago, your cybernetwork is at serious risk of exposure by hackers and you may be at risk of not complying with the new, 72-hour mandated…more

Cyber Threats, Department of Homeland Security (DHS), Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Popular, Reporting Requirements

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Steven Bovan

Title Insurance - It’s Too Expensive!

I’ve heard that more than once. I have also heard that if I have a title search or title commitment which doesn’t identify any issues, I’m in the clear. Statements like these are shortsighted and show a misunderstanding of all…more

Insurance Industry, Mortgages, Title Insurance, Title Search

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Christopher Cahillane

Practice Tip: Three Keys to a Successful Land Partition Action in Pennsylvania

Land partition actions in Pennsylvania can seem scary to the uninitiated. The procedures appear arcane at first glance — a seeming relic from earlier times in the Commonwealth. Crazy words such as “purpart” and “owelty” are…more

Co-Ownership, Land Owners, Litigation Strategies, Partitions, Petition for Partition

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Michael Cassidy

Medicare Proposes 2.8% Physician Fee Schedule Reduction

See below for the CMS (Centers for Medicare & Medicaid Services) Announcement on July 10, 2024 proposing a reduction in the Medicare Conversion Factor payment from $33.29 to $32.36, i.e. 2.8%…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Physician Fee Schedule, Physicians

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Nora Gieg Chatha

Pennsylvania Adopts Directed Trust Act, Modernizing Trust Administration and Enhancing Trustee Selection

In July 2024, Pennsylvania Governor Josh Shapiro signed the Pennsylvania Directed Trust Act, Senate Bill 1231 (now part of Act No. 64 of 2024, sponsored by Senator Lisa Baker), into law, making Pennsylvania the 20th state to…more

Fiduciary, Investment Adviser, New Legislation, Third-Party, Trust Administration

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Matthew Christoph

A New Federal Reporting Requirement Has Been Established for Non-Financed Transfers of U.S. Residential Real Estate to a Trust or Legal Entity

On August 28, 2024, the Financial Crimes Enforcement Network (“FinCEN”) issued its “Anti-Money Laundering Regulations for Residential Real Estate Transfers” (the “Final Rule”), to become effective December 1, 2025. This Final…more

Anti-Money Laundering, Business Entities, Cash Transactions, Compliance, Covered Real Estate Transactions

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Daniel Conlon

Essential RAMP Certification Guide for Pennsylvania Bars and Restaurants

For any Pennsylvania establishment serving alcohol, Responsible Alcohol Management Program (RAMP) certification is a vital compliance requirement. Whether you manage a restaurant, bar, or any other venue selling alcohol,…more

Alcohol Beverage Control, Bars, Certification Requirements, Compliance, Employee Training

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Jennifer Bittel Derby

When to Consider a Change in your Estate Planning Documents

As estate planning attorneys, we not only discuss with clients the importance of having estate planning documents in place, but also the importance of updating documents when life changes. As a rule of thumb, estate planning…more

Advanced Care Directives, Best Practices, Estate Planning, Power of Attorney, Trusts

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Alexandria Ebbert

Kayden’s Law - Update to Pennsylvania Custody Factors

On April 15, 2024, Governor Josh Shapiro signed Senate Bill 55, “Kayden’s Law,” making changes to the Pennsylvania child custody factors set forth in Title 23 in an effort to provide further protection to children’s safety…more

Child Abuse, Child Custody, Child Visitation, Divorce, Minor Children

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Jeremy Farrell

An Update on the Uncertain Future of the FTC’s Non-Compete Rule, Plus Pennsylvania Enacts New Non-Compete Law for Healthcare Practitioners

Since it was first published in April, the fate of the Federal Trade Commission’s (FTC) final non-compete rule has been, to put it mildly, less than certain. Now, about a month before the rule is scheduled to take effect, the…more

Employment Contract, Enforceability, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Irving Firman

Results of “Zombie” Restaurant Liquor License Auction

On November 16, 2017 the Pennsylvania Liquor Control Board (“PLCB”) released the results from its most recent auction of expired “zombie” restaurant licenses. The results of the highest bidders can be found at Auction 4 Top…more

Alcohol Beverage Control, Auction, Liquor Control Boards, Liquor Licences, Wine & Alcohol

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Honorable Judith K. Fitzgerald

Will the Acceptance of the Appeal in Purdue Pharma by the U.S. Supreme Court Affect Johnson & Johnson?

Now that the United States Supreme Court has agreed to expeditiously hear the U.S. Trustee’s appeal of the plan confirmation and settlement in Purdue Pharma, lawyers following the LTL Management LLC bankruptcy case, version 2,…more

Appeals, Asbestos, Bankruptcy Plans, Business Assets, Chapter 11

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Ian Grecco

No Signature, No Problem: How Conduct Can Bind an Employer to an Agreement

In a recent case involving the Steelworkers Pension Trust (the “SPT”) versus Republic Steel, a federal magistrate judge in the Western District of Pennsylvania ordered Republic Steel to pay the SPT nearly $1.4 million for unpaid…more

Collective Bargaining Agreements (CBA), Contract Formation, Employer Liability Issues, Non-Signatories, Pension Funds

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Kevin Hall

Business Operations During The Shutdown – Can You Remain Open?

Following the Governor of Pennsylvania’s Order of March 19, 2020 directing that no place of business which is not deemed to be life sustaining may continue to operate, many business owners have found themselves questioning…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

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Mark Hamilton

School District’s Claim for Reimbursement From Charter Schools for Extracurricular Activities Rejected

Saucon Valley School District v. Commonwealth Charter Academy, No. C-48-CV-2022-1284 (Northampton Com Pl. 2022).(The Court of Common Pleas of Northampton County dismisses a claim by a school district for reimbursement from a…more

Charter Schools, Dismissals, Failure To State A Claim, Reimbursements, School Districts

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Matthew Hoffman

Staffing Agency Employee Considered a School District Employee for Title VII Claim

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle School…more

Control Test, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Hostile Environment

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John Hosa

Allegheny County Moves Tax Appeal Deadline to October 1 - Limited Time for Assessment Relief

In Allegheny County, tax appeal season has already begun for 2025. For every tax year, County property owners have the ability to file an assessment appeal…more

Administrative Procedure, Commercial Property Owners, County Assessors, Fair Market Value, Filing Deadlines

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Gary Hunt

Pennsylvania Supreme Court Issues Landmark Decision Preserving the Corporate Attorney-Client Privilege

On Wednesday, January 23, 2019, the Supreme Court of Pennsylvania rejected a “qualified” attorney-client privilege that would have changed the law in Pennsylvania governing the scope of the privilege. The qualified privilege had…more

Attorney-Client Privilege, Derivative Suit, Fiduciary Duty, PA Supreme Court, Privileged Communication

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Brian Kahle

Fraud Alert: Corporate Transparency Act Scams

In an era where digital transactions have become the norm, the threat of scams has significantly escalated. It’s crucial to stay vigilant and informed…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Scams, Small Business

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Scott Leah

Considerations When Switching Independent Contactors to Employees

Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are…more

Employee Benefits, Employee Definition, Employer Liability Issues, Independent Contractors, Labor Regulations

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Albert Lee

New Department of Labor Final Rule Requires Reassessment of Independent Contractors

Physical therapy practices need to be aware of new legal standards that make it harder for employers to classify workers as independent contractors (as opposed to employees). This distinction is important because, if an…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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Ralph Manning

Saving Time and Money When Selling A Privately Held Business

Advance planning is crucial when you decide to sell your privately held business. You need to be at the center of that sale planning with the assistance and guidance of your lawyer, your accountant, and your business broker or…more

Best Practices, Due Diligence, Privately Held Corporations, Sale of Assets, Selling a Business

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Jonathan McAnney

Attorney Client Privilege is Not Dead – At Least Not in Pennsylvania

Confidential information that you give to your attorney is still protected in Pennsylvania. The duty to keep your information confidential is known as the attorney-client privilege. The duty is called a “privilege” because it is…more

Attorney-Client Privilege, Client Services, Confidential Information, Corporate Counsel, Disclosure Requirements

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Matthew McKinney

The Chevron Doctrine Has Been Overturned: What That Means for Employers

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in the case of Loper Bright Enterprises v. Raimondo. In a 6-3 decision authored by the Court’s Chief Justice, John Roberts, SCOTUS overturned its decision in…more

Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

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Robert McTiernan

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations Board?

Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee and…more

Hiring & Firing, Multi-Factor Test, NLRA, NLRB, Preliminary Injunctions

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David Mongillo

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the day…more

Department of Education, Free Appropriate Public Education (FAPE), New Regulations, Public Schools, Rulemaking Process

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Barry Nelson

Paycheck Protection Flexibility Act: Changes to the Paycheck Protection Program

As business owners and their advisors who received Paycheck Protection Program loans focus on the Loan Forgiveness Application, Congress passed an Act that makes significant changes the Program. The House of Representatives…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Brandon O'Connor

Business Owner’s Guide: Fourth Quarter

With summer coming to a close, business owners are officially in quarter four. It is crucial to address several key items before the year-end…more

Compliance, Corporate Governance, Corporate Transparency Act, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Evan Pappas

Should I get a Trademark for my Brand or Business?

A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. Businesses should consider seeking trademark registrations to protect their…more

Brand, Corporate Branding, Intellectual Property Protection, Logos, Slogans

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Brian Pepicelli

Case Alert: Court Holds that “There is No Third Element for ERISA Successor Liability.”

Successor liability is a powerful collection tool for multiemployer plans under ERISA. It most commonly arises in the context of asset sales (although it is not limited to that situation)…more

Asset Purchaser, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Multi-Employer Pensions, Multiemployer Plan

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Weston Pesillo

IRS Extends Deadline to File Estate Tax Returns for Portability

On July 8, 2022, the IRS issued Revenue Procedure 2022-32, which provides a simplified method for taxpayers to obtain an extension of time to make a portability election of a deceased spouse’s unused exclusion amount (“DSUE”) up…more

Deceased, Estate Tax, IRS, Portability, Revenue Procedures

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Charles Potter

Voluntary Disclosure Program for ERTC Refund Recipients

During the COVID quarantine, congress enacted the Employee Retention Tax Credit (“ERTC”). The purpose of the credit was to provide funds for employers whose business activity was reduced or shut down because of COVID…more

Coronavirus/COVID-19, Employee Retention, Relief Measures, Tax Credits, Voluntary Disclosure

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Ashley Puchalski Thomas

Allegheny County Moves Tax Appeal Deadline to October 1 - Limited Time for Assessment Relief

In Allegheny County, tax appeal season has already begun for 2025. For every tax year, County property owners have the ability to file an assessment appeal…more

Administrative Procedure, Commercial Property Owners, County Assessors, Fair Market Value, Filing Deadlines

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Taylor Riedel

The Implied Warranty of Habitability: What Landlords Need to Know

The common law doctrine of the Implied Warranty of Habitability (the “Warranty”) requires a landlord to provide tenants with a habitable dwelling free and clear of defects. While a landlord need not provide a seamless or…more

Breach of Warranty, Implied Warranty of Habitability, Landlords, Material Defects, Remedies

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Gavin Robb

Allegheny County Property Tax Appeal Season Recommences: COVID May Have an Economic Impact on Your Property

In Allegheny County, tax appeal season has begun for 2021. Every year, County property owners have the opportunity to file an assessment appeal, and as always, an appeal may provide an opportunity for a reduction in your taxes…more

Coronavirus/COVID-19, Property Tax, Property Valuation, State and Local Government, Tax Appeals

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Jerry Russo

Federal Prosecutions on the Rise for Physicians Prescribing Opioids

A recent headline revealed that over 30 doctors, and multiple pharmacists and nurse practitioners in six different states were charged with federal crimes based on allegations of unlawful distribution of controlled substances…more

Controlled Substances, Criminal Liability, Criminal Prosecution, Drug & Alcohol Abuse, Health Care Providers

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J. Andrew Salemme

Is there an Apprendi problem with the Trump conviction? Recent Supreme Court decision in Erlinger v. United States Suggests the answer is yes.

Donald Trump’s jury trial rights under Apprendi v. United States, 530 U.S. 466 (2000), were almost certainly violated, but whether he will get relief on such grounds is a different story. In Apprendi, the Supreme Court held that…more

Business Records, Criminal Convictions, Donald Trump, Election Laws, Federal Election Campaign Act

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Kenneth Scholtz

Employee Work Monitoring

Perhaps at no time in modern history have employers seemingly had less of a grip on their workforce. The amorphous, pre-COVID, practices of “flex time” and work-from-home have been stretched and snapped back to a point of likely…more

ECPA, Electronic Communications, Employee Monitoring, Employer Liability Issues, Wiretap Act

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Eric Schumann

How Are Credit Markets and Institutional Banks Responding to COVID-19? A Q&A Session with Nathan Agens of PNC Bank, National Association

Over the last month or so, various facets of the American economy have been quickly overwhelmed by the numerous effects of the COVID-19 pandemic. For the second interview in our series of interviews with local business leaders…more

Banking Sector, Capital Requirements, CARES Act, Coronavirus/COVID-19, Credit Facilities

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Michael Shiner

Court Confirms Junior Lien Creditor’s Right to Enforce Deficiency Judgment Act Against Senior Creditor Who Fails to File Petition to Fix Fair Market Value

In a February 11, 2022 Order, the Court of Common Pleas of Washington County granted a Petition to Compel Satisfaction of Liens under the Deficiency Judgment Act (“DJA”) filed by a junior judgment holder represented by Tucker…more

Assignees, Deficiency Judgments, Fair Market Value, Filing Requirements, Junior Liens

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Kaitlyn Smearcheck

How does Pennsylvania define and differentiate between Legal Custody and Physical Custody?

In Pennsylvania, custody determinations are decided in the child’s best interest. Parents may be able to resolve custody issues between themselves by way of negotiation and agree to a custody stipulation; however, if the parents…more

Best Interest Standard, Child Custody, Divorce, Family Law Courts, Legal Custody

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Maribeth Thomas

House Passes Internet of Things Legislation

This week, the Internet of Things Cybersecurity Improvement Act (HR 1668), which was first introduced in March 2019, passed the House vote. “Internet of Things” (or “IoT”) describes a network of physical devices embedded with…more

Cybersecurity, Internet of Things, New Legislation, NIST, OMB

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Richard Tucker III

Fiduciary Exception to Attorney-Client Privilege is Alive and Well in Pennsylvania (For Now)

On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated as…more

Attorney-Client Privilege, Beneficiaries, Fiduciary Duty, Fiduciary Exception, Trust Administration

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John Vogel

Allegheny County Moves Tax Appeal Deadline to October 1 - Limited Time for Assessment Relief

In Allegheny County, tax appeal season has already begun for 2025. For every tax year, County property owners have the ability to file an assessment appeal…more

Administrative Procedure, Commercial Property Owners, County Assessors, Fair Market Value, Filing Deadlines

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Christopher Voltz

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and FOIABuddy…more

Anonymization, FOIA, Open Records, Public Records, Records Request

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Ashley Wagner

Are You Thinking of Selling Your Veterinary Practice? - Top Considerations

Owning your veterinary practice has undoubtedly come with highs and lows. An exciting time in a business owner’s life is often selling their practice–whether the motivation for the sale is to take on a new opportunity, move, or…more

Business Assets, Due Diligence, Sale of Assets, Strategic Planning, Veterinarians

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Christopher Weis

Supreme Court of Pennsylvania Rules in Favor of Landowners in Eminent Domain Claim

On August 20, 2024, the Supreme Court of Pennsylvania issued a ruling in Wolfe v. Reading Blue Mountain & Northern RR Co. The Court overturned the Commonwealth Court’s determination that a condemnation of private land by a…more

Condemnation, Eminent Domain, Land Owners, PA Supreme Court, Private Property

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Beverly Weiss Manne

Pennsylvania Joins the Digital Age and Enacts Article 12 of the Uniform Commercial Code

On July 1, 2024, the Commonwealth of Pennsylvania joined twenty-three other states in adopting Uniform Commercial Code Article 12 and the accompanying amendments to the Pennsylvania Uniform Commercial Code…more

Amended Legislation, Blockchain, Cryptocurrency, Digital Assets, Effective Date

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Paul Welk

New Department of Labor Final Rule Requires Reassessment of Independent Contractors

Physical therapy practices need to be aware of new legal standards that make it harder for employers to classify workers as independent contractors (as opposed to employees). This distinction is important because, if an…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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Carolyn Whitworth

Final RMD Regulations Under SECURE Act Expected

The IRS issued proposed regulations in February 2022 that expanded on the changes made by the SECURE Act to require minimum distributions (RMDs) from most retirement accounts. The proposed regulations contained some…more

Beneficiaries, IRS, Proposed Regulation, Required Minimum Distributions, Retirement Plan

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Edward Wodarczyk

Benefits Alert - November 2023

The IRS and Social Security Administration have announced cost-of-living increases for retirement plans and other employee benefit plans for 2024…more

401k, 403(b) Plans, 457(b) Plans, Cafeteria Plans, Contribution Limits

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Frederick Wolfe

Court Dismisses Student’s Claim That Confiscation of His Cell Phone While District Investigated Student’s Suspected Misconduct Was an Unreasonable Search and Seizure

Rorvik v. Snohomish School District, et al., 2018 WL 3917932. The U.S. District Court for the Western District of Washington rejects student’s Section 1983 claims that District officials’ confiscation of his cell phone,…more

Dismissals, Fifth Amendment, Fourth Amendment, Law Enforcement, Mobile Devices

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Barbara Zemlock

Groundbreaking Federal Sentencing Ruling

On September 28, 2022, in United States v. Baskerville, the United States District Court for the Middle District of Pennsylvania held that Pennsylvania’s definition of cocaine is broader than the federal counterpart. As…more

Criminal Convictions, Federal Sentencing Guidelines, Sentencing

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W. Isaac Zimmerman

The FTC’s Non-Compete Rule Has Been Struck Down and Will No Longer Take Effect on September 4, 2024.

On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, set aside the Federal Trade Commission’s “Non-Compete Rule” (the “Rule”)…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Injunctive Relief

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Kayla Zizzi

What happens if you are charged with a violation of a Protection from Abuse Order in Pennsylvania?

In Pennsylvania, a defendant faces Indirect Criminal Contempt (“ICC”) if he or she is found in violation of a temporary or final Protection from Abuse (“PFA”) Order. Pennsylvania statute 23 Pa.C.S. Section 6113 is the…more

Criminal Contempt, Criminal Procedure, Personal Protection Orders

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Tucker Arensberg, P.C.

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