Tucker Arensberg, P.C.

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1500 One PPG Place
Pittsburgh, PA 15222, United States
Phone: (412) 594-5583
Fax: (412) 594-5619
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Pennsylvania
Number of Attorneys
50-100 Attorneys

Supreme Court Issues Two Rulings Interpreting FDCPA

The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, Debt Collection

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Senators Introduce Legislation to Improve Cybersecurity of Internet-Connected Devices

It is estimated that the number of devices connected to the internet could reach 30 billion by 2020. These connected devices include mobile phones, household appliances, smart watches, and even vehicles…more

Cybersecurity, Internet of Things, Mobile Devices, NIST, Proposed Legislation

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Identifying and Managing Corporate Risk from Internal and External Stressors

I’ve been asked the same simple question time and time again by clients who are faced with litigation – How did this happen? Sometimes they are referring to a looming dispute over large accounts receivable, employee misconduct,…more

Buy-Sell Agreements, Data Breach Plans, Document Retention Policies, Employer Liability Issues, Risk Assessment

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Changes to the PA Uniform Planned Communities Act and the Uniform Condominium Act.

Governor Wolf recently signed into law House Bill No. 1340 of 2015 which amends both the Uniform Planned Communities Act and Uniform Condominium Act. The two statutes are complementary and have substantially similar provisions…more

Amended Regulation, Condominium Associations, Governor Wolf, Homeowners Association (HOA), Planned Communities

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Telehealth Reaches Tipping Point – Now Included in OIG Audit Plan

Telehealth has apparently reached the tipping point in its significance to the Medicare budget, because OIG has now announced that it will “review Medicare claims for telehealth services provided at distant sites that do not…more

Health Care Providers, Medicare, OIG, Telehealth

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Unified Credit for Estates & Annual Exclusions for Gifts Increased for 2018

The IRS announced that the Unified Credit for Estates and Annual Exclusion for Gifts will be higher in 2018. Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2018, the basic exclusion…more

Estate Planning, Estate Tax, Exclusions, Gift Tax, IRS

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Keep Calm and Call the Lawyer: Understanding the Role of a Municipal Solicitor

Newly elected officials may be surprised to discover their votes and actions have legal implications. Preventing a resident from speaking at a public meeting may result in a violation of the First Amendment and a civil rights…more

First Amendment, Legal Opinion, Local Ordinance, Municipal Bonds, Municipalities

See all updates »

Nursing Homes Finally Score a Victory: the Supreme Court of the United States Rules that States May Not Treat Arbitration Agreements Differently than Other Contracts

As blogged about before, the nursing home industry has long been under fire for the arbitration agreements used as part of the industry’s admissions process. Yesterday, in a victory for the industry, the Supreme Court of the…more

Arbitration Agreements, Federal Arbitration Act, Nursing Homes, Power of Attorney, SCOTUS

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Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an…more

Anti-Discrimination Policies, Anti-Harassment Policies, Appeals, Discrimination, Employer Liability Issues

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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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Secured Lenders Take Note! In re Sunnyslope is something you want to know about

In re Sunnyslope Hous. Ltd. P’ship, 859 F.3d 637 (9th Cir. 2017), as amended (June 23, 2017)(“Sunnyslope”), is a noteworthy case for secured lenders. The case involves confirmation of the cram down plan proposed by Sunnyslope…more

Asset Valuations, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Cramdown

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When the Friendly Government Inspector Arrives

When I used to work in the Office of Chief Counsel for the Commonwealth of Pennsylvania, I would see it all the time. A government agency institutes an investigation. An investigator may have been provided information by a…more

Employer Liability Issues, Government Investigations

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Deemed Exports and You

You may be surprised to learn that you can commit an export control violation without shipping a single product overseas. This is due to the “deemed export” rule…more

Controlled Defense Information (DDI), Data-Sharing, Export Controls, Exports, Federal Contractors

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Urgent Captive Insurance Alert: IRS Lists 831(b) Micro-Captives as “Transaction of Interest”

On November 1, 2016, via Notice 2016-66 (2017-47 IRB) (link to notice), the Treasury Department and IRS declared certain captive insurance transactions under Code section 831(b) as “transactions of interest.” Commonly referred…more

Captive Insurance Company, Deadlines, Disclosure Requirements, IRS, Related Parties

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Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy…more

Gender Identity, Motion for Relief, Public Schools, School Restrooms, Student Privacy

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Competition for Medical Marijuana Permits Gets Tighter

At a news briefing yesterday held by Pennsylvania Secretary of Health Karen Murphy, the state announced that it will be issuing up to 27 dispensary permits and 12 growers/processor permits as part of the initial phase of the…more

Decriminalization of Marijuana, Dispensaries, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

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Choosing Between Litigation And Arbitration – What’s At Stake?

The costs of litigation have risen dramatically in the past 10 to 20 years. Many factors contribute to that rise, including expanded discovery processes, the proliferation of electronic data storage, and the costs associated…more

Arbitration, Legal Costs

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Pennsylvania Split on Sexual Orientation Discrimination

Two recent federal district courts – from opposite sides of the Commonwealth – reached different conclusions on whether sexual orientation is a protected class under Title VII of the Civil Rights Act of 1964 (“Title VII”). On…more

Civil Rights Act, EEOC, Protected Class, Sexual Orientation, Split of Authority

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IRS and Treasury Department Announce Withdrawal of Proposed 2704 Regulations

On October 4, 2017, in its Second Report to the President Identifying and Reducing Tax Regulatory Burdens the U.S. Department of the Treasury announced that it is recommending the complete withdrawal of the proposed 2704…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Family Businesses

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What is a Reasonable Accommodation under the ADA?

The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the employer. The…more

ADA, Appeals, Disability Discrimination, Essential Functions, Hiring & Firing

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U.S. Department of Labor Issues New Overtime Rule

The Other Shoe has Dropped. The U.S. Department of Labor has just issued a long-awaited Final Rule that expands the right to overtime pay to over 4 million workers who are currently exempt. Under this Final Rule, which…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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How Salable Is Your Business?

For most entrepreneurs, their retirement plan is to sell the business and use the proceeds to fund their retirement life style. They don’t want to hear that their business isn’t salable. …more

Entrepreneurs, Retirement Plan, Sales

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Jury Awards $2.1 Million in Slip and Fall Case

Juries in Allegheny County, Pennsylvania have been perceived as being relatively conservative and “Defendant-friendly” in terms of awarding compensation in personal injury cases. This trend has been constant since the early…more

Bodily Injury, Comparative Negligence, Jury Awards, Negligence, Slip and Fall

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Another Round! – Second Set of Changes to Liquor Code Take Effect on January 16, 2017

Although short of complete liquor privatization in Pennsylvania, 2016 saw some of the most significant changes to the Commonwealth’s liquor laws in decades. In June of 2016, House Bill 1690 went from a bill that was dead in the…more

Amended Regulation, Breweries, Governor Wolf, Licensing Rules, Liquor Control Acts

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Keep Calm and Call the Lawyer: Understanding the Role of a Municipal Solicitor

Newly elected officials may be surprised to discover their votes and actions have legal implications. Preventing a resident from speaking at a public meeting may result in a violation of the First Amendment and a civil rights…more

First Amendment, Legal Opinion, Local Ordinance, Municipal Bonds, Municipalities

See all updates »

Pennsylvania Courts Split Over Sexual Orientation Discrimination

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the…more

Dismissals, EEOC, Sexual Orientation Discrimination, Split of Authority, Title VII

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New Guidance on Coverage for Eating Disorders

The Departments of Labor, Treasury, and Health and Human Services recently released a frequently asked question (“FAQ”) regarding the implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction…more

21st Century Cures Initiative, Affordable Care Act, Benefit Plan Sponsors, Comment Period, DOL

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A Reminder of OCR Guidance Regarding Students With ADHD

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational…more

Disability, OCR, Rehabilitation Act, School Districts, Special Education

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State Begins Registering Doctors For Medical Marijuana Program

Physicians who want to be registered to prescribe medical marijuana in Pennsylvania can now sign up through the state Health Department. Officials say the first step for doctors is to complete a practitioner registry, an…more

Medical Marijuana, Physicians, Registration Requirement

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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

See all updates »

Pennsylvania Supreme Court Declares $3,000,000 Net Loss Carryover Deduction Unconstitutional

On October 18, 2017 the Pennsylvania Supreme handed down its decision in Nextel Communications of the Mid Atlantic v. Commonwealth of Pennsylvania No. 6 EAP 2016. The tax provision at issue gave taxpayers with a net operating…more

Constitutional Challenges, Corporate Taxes, Net Operating Losses, Nextel, PA Supreme Court

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DOL Finalizes Delay of Fiduciary Rule

The DOL has finalized regulations extending the applicability date from April 10 to June 9, 2017, for the new “Fiduciary Rule,” which defines who is a fiduciary under ERISA and the tax code. The new regulations will be published…more

DOL, ERISA, Fiduciary Rule, Time Extensions

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Keep Calm and Call the Lawyer: Understanding the Role of a Municipal Solicitor

Newly elected officials may be surprised to discover their votes and actions have legal implications. Preventing a resident from speaking at a public meeting may result in a violation of the First Amendment and a civil rights…more

First Amendment, Legal Opinion, Local Ordinance, Municipal Bonds, Municipalities

See all updates »

Pennsylvania Supreme Court Rules that Only Physicians – Not Their Staff – Can Obtain Informed Consent

A recent Pennsylvania Supreme Court decision will have a major impact on how physicians across the Commonwealth obtain informed consent from their patients. In Shinal v. Toms, 2017 WL 2655387 (Pa. June 20, 2017), the 4-3 Court…more

Appeals, Health Care Providers, Informed Consent, Medical Malpractice, PA Supreme Court

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The End of the IRE Process (as we know it)

Pennsylvania, like many other states, has a statutory section of its Workers’ Compensation law that is devoted to the designation of an impairment rating for an injured worker who is collecting Workers’ Compensation benefits…more

Constitutional Challenges, Workers' Compensation Claim, Workplace Injury

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Tucker Arensberg Vindicates Rights of Government Landlords In Bankruptcy Appeal

Attorneys Michael Shiner and Irving Firman obtained a successful decision on appeal confirming the right of a governmental landlord to evict tenants following rejection of leases in bankruptcy. The Housing Authority sought a…more

Appeals, Consumer Bankruptcy, Declaratory Judgments, Public Housing Authorities, Section 365

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Website Operators Must Use New Online System to Qualify for DMCA Safe Harbor

On December 1, 2016, online service providers (including most website operators, cloud service providers and online communication services) must qualify for the Digital Millennium Copyright Act (“DMCA”) safe harbor by using a…more

Designated Agent, DMCA, Internet Service Providers (ISPs), Popular, Safe Harbors

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Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Chapter 13 Conversions, Chapter 7

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Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Chapter 13 Conversions, Chapter 7

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PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to clean…more

Constitutional Amendment, Environmental Rights Amendment, Gas Royalties, General Assembly, Marcellus Shale

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Tax Appeals Based on Property Type May Violate State Constitution

Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy violated…more

Administrative Appeals, Commercial Property Owners, Constitutional Challenges, PA Supreme Court, Remand

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Federal Court Holds That Banning a Commenter From a Public Official’s Public Facebook Page Violates the Commenter’s Right to Free Speech

Davison v. Loudoun County Bd. of Supervisors, 1:16CV932 (JCC/IDD), 2017 WL 3158389 (E.D. Va. July 25, 2017). The District Court for the Eastern District of Virginia issued a declaratory judgment holding that an elected…more

Declaratory Judgments, Facebook, First Amendment, Free Speech, Government Officials

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Lifting the Curtain on Union Organizing Campaigns

Office of Labor-Management Standards (OLMS) Final Rule on Persuader Reporting Increases Transparency for Workers - The Persuader Final Rule realigns the Department’s regulations with the text of a law passed by Congress,…more

Collective Bargaining, Final Rules, LMRDA, OLMS, Persuader Rules

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Pennsylvania Commercial Power of Attorney Problems Fixed by Act 103 of 2016

It took almost 2 years, but finally this past October 2016, technical corrections were signed into law to address the problems for commercial powers of attorney that arose by virtue of the 2014 Amendments to the Title 20 PA…more

Commercial Loans, Financial Institutions, Notary Certificates, Power of Attorney

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Phase II of HIPAA Audits Underway

The HHS Office for Civil Rights (“OCR”) recently published an announcement describing the next phase of HIPAA audits of covered entities and business associates. As part of this second phase of the audit program, OCR will be…more

Business Associates, Covered Entities, HIPAA, HIPAA Audits, OCR

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On Again / Off Again – Estate Tax Repeal Efforts

The Senate version of the Tax Cuts and Jobs Act includes the House Bill’s increases in federal estate and gift tax exemption amounts – doubling the base amount from $5 million to $10 million (indexed for inflation) – but omits…more

Estate Tax, Proposed Legislation, Tax Reform

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Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating…more

Appeals, Arbitration Awards, Disciplinary Proceedings, Professional Misconduct, Public

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