McNees Wallace & Nurick LLC

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100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166, United States
Phone: 717.232.8000
Fax: 717.237.5300
Areas Of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
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Locations
Other U.S. Locations
  • D.C.
  • Maryland
  • Ohio
  • Pennsylvania
Number of Attorneys
100+ Attorneys

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 »

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 »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

EPA Significantly Lowers the National Ambient Air Quality Standard for Fine Particulate Matter

On Feb. 7, the U.S. Environmental Protection Agency published an update to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter, commonly referred to as PM 2.5. The EPA announced that the annual…more

Air Pollution, Air Quality Standards, Environmental Protection Agency (EPA), NAAQS, Permits

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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

See all updates »

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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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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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 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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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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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

See all updates »

EPA Proposes New Limitations on Carbon Dioxide Emissions from Electric Generating Units

On May 11, 2023, USEPA announced proposed rules to further limit the emission of carbon dioxide (CO2) from power plants and other electric generating units (EGUs). Industry trade associations assert that these regulations are a…more

Comment Period, Environmental Policies, Environmental Protection Agency (EPA), Oil & Gas, Proposed Regulation

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

See all updates »

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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NLRB Orders Employers Must Prove the Need for Personal Conduct Rules

On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the…more

Administrative Law Judge (ALJ), Boeing, NLRB, NLRB General Counsel

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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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Is it the Beginning of the End for Workplace Non-Compete Agreements?

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rule Making and additional information describing a new proposed rule that would prohibit employers across the country from entering into…more

Comment Period, Contract Terms, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements

See all updates »

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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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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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

See all updates »

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

See all updates »

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

See all updates »

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 »

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

See all updates »

Water Systems Should Begin Preparing for October 2024 Lead & Copper Rule Deadline

Water systems should begin preparing now for the October 16, 2024 deadline to submit a lead service line inventory. The new requirement was established in recent updates to the federal Lead & Copper Rule as part of the broader…more

Contamination, Drinking Water, Environmental Policies, Metals, Water

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

See all updates »

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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PA Commonwealth Court Invalidates City of Pittsburgh's Local Income Tax on Nonresident Sports Facility Workers

On January 10, 2024, the Commonwealth Court held in NHL Players Ass’n v. City of Pittsburgh, (No. 1150 C.D. 2022) that the City of Pittsburgh’s Facility Tax — a unique tax on nonresidents who use a sports stadium or arena…more

Earned Income Credit, NHL, Pennsylvania, State Constitutions, Uniformity Clause

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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

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Trade Group Sues DOL to Invalidate New Davis-Bacon Regulations

We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor.  The Final Rule updating those regulations became effective on October 23, 2023…more

Compliance, Davis-Bacon Act, Department of Labor (DOL), Final Rules, Fringe Benefits

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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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Here We Go Again – DOL Proposes Big Increases to the Minimum Salary Requirements for the FLSA’s White-Collar Exemptions

On August 30, 2023, the U.S. Department of Labor issued proposed regulations that would sharply increase the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions.  These proposed…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Notice of Proposed Rulemaking (NOPR)

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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

See all updates »

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

See all updates »

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

See all updates »

Board Rules that Wearing BLM Markings Can Be Protected Activity Under the NLRA

On February 21, 2024, the National Labor Relations Board (“NLRB”) issued a decision finding that Home Depot violated Section 8(a)(1) of the National Labor Relations Act (“Act”) by using Home Depot’s dress code to require an…more

Administrative Law Judge (ALJ), Black Lives Matter, NLRA, NLRB, Race Discrimination

See all updates »

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

See all updates »

Streamlining the Development Process with Blockchain Technology (III of IV)

Our prior two posts on blockchain technology and real estate looked at blockchain basics and how it can be used to make real estate transactions and the recording of documents more transparent, efficient, and secure. But I…more

Blockchain, Land Developers, Land-Use Permits, Pennsylvania, Popular

See all updates »

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

See all updates »

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)

See all updates »

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

See all updates »

Allegheny County – Real Estate Tax Annual Assessment Appeal Deadline is April 1, 2024

January 31, 2024Publications The deadline for filing a real estate tax assessment appeal for the 2024 tax year is fast approaching in Allegheny County.  The deadline is April 1, 2024.  The Common Level Ratio for 2024 is 54.5%…more

Property Tax, Property Valuation, Tax Assessment

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

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 »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

ESG Meets AI: Balancing Risk and Opportunity

Advancements in technology and engineering have always changed the way we live our lives. However, the pace of change in recent decades is unprecedented—and isn’t slowing down any time soon. The size of the global artificial…more

Artificial Intelligence, Business Strategies, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

EPA Significantly Lowers the National Ambient Air Quality Standard for Fine Particulate Matter

On Feb. 7, the U.S. Environmental Protection Agency published an update to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter, commonly referred to as PM 2.5. The EPA announced that the annual…more

Air Pollution, Air Quality Standards, Environmental Protection Agency (EPA), NAAQS, Permits

See all updates »

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

See all updates »

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)

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

DOL Rolls Out Final Rule on Independent Contractors under the FLSA

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”).  Under…more

Classification, Department of Labor (DOL), Employees, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

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

See all updates »

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

See all updates »

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 »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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