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
  • Commercial Law & Contracts
  • Construction Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • D.C.
  • Ohio
Number of Attorneys
100+ Attorneys

3 Steps Food Manufacturers Can Take Now To Prepare For Federal Labeling Regulations

Consumers seem to be more eager than ever to know what they are eating and what journey it traveled to move from farm to table. In this era of authenticity, artificial is out; organic is in…more

Bioengineering, Disclosure Requirements, Food Labeling, Food Manufacturers, Food Safety

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The Tax Cuts and Jobs Act

On November 2, 2017 Representative Kevin Brady, chair of the House Ways and Means Committee, introduced the “Tax Cuts and Jobs Act” (the “Act”). In general, there are a few noteworthy observations regarding the Act. First, the…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Income Taxes, Tax Cuts

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PA ABLE Accounts and How They Differ From Supplemental Needs Trusts

Pennsylvania now has an ABLE account program created by the Pennsylvania Achieving a Better Life Experience (“ABLE”) Act. The ABLE program allows for a different type of planning to provide for the supplemental needs of…more

Disability, Estate Planning, Internal Revenue Code (IRC), Section 529 Program

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Recent Pennsylvania Court Decision Highlights Enforceability of Non-Solicitation Agreements

Every year, Pennsylvania’s appellate courts seem to issue a handful of decisions addressing the enforceability of non-compete agreements. However, there are relatively few court decisions addressing non-solicitation agreements…more

Employment Contract, Employment Litigation, Former Employee, Hiring & Firing, Non-Solicitation Agreements

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The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the…more

Arbitration Agreements, College Athletes, Corporate Counsel, Fair Share Law, Internal Investigations

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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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Selling Your Business? 5 Steps To Maximize Your Return

When a business owner makes the decision to sell a company, numerous factors can affect the price a buyer is willing to pay. Even relatively small oversights raise the prospect that a business owner will leave money on the table…more

Acquisitions, Corporate Records, Employment Contract, Financial Statements, GAAP

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Dealer Advertising: No More Excuses

There are no more excuses. Dealers have seen all the ongoing and very recent announcements from the Federal Trade Commission (“FTC”) imposing millions of dollars in fines, cease and desist orders, and promises by dealers not to…more

Advertising, Automotive Industry, Car Dealerships, Enforcement Actions, False Advertising

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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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Pennsylvania Revenue Package Update – Increase in Hotel Tax Now Possible

We are writing to update you on the status of budget negotiations in the Pennsylvania General Assembly. The potential storage tax that we wrote about earlier this week is currently off the table, but current talks include an…more

Hospitality Industry, Hotel Tax, Tax Code

See all updates »

Split Decision: Today’s divorce seeks to minimize cost and antagonism

While many associate the word divorce as synonymous with painful and messy, a paradigm shift in conflict resolution has led to a specialty known as “collaborative divorce.” Gaining traction in Pennsylvania and part of an…more

Collaborative Divorce, Divorce

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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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Municipalities Can Be Held Liable for the Actions (and Words) of Their Officials

Much like a business corporation, a municipality can only act through its employees. A municipal official may inadvertently (or advertently) make representations regarding municipality business, leading to unintended…more

Breach of Contract, Corporate Liability, Municipalities, Public Sector

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DOE Imposes Data Security Requirements on Colleges and Universities

Do you have a written data security program in place to meet federal requirements? In the last year, the Department of Education (DOE) released guidance in the form of a “Dear Colleague” letter emphasizing the importance of…more

Data Privacy, Data Protection, Data Security, Dear Colleague Letter, Department of Education

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Scope of Pennsylvania's Whistleblower Law Examined

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to judicial…more

Hiring & Firing, Investigations, Misappropriation, Probation, Public Employees

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Workers’ Compensation Settlements: Are You Protected Against Future Employment Claims?

Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all…more

Adverse Employment Action, Attorney's Fees, Compromise & Release, Employer Liability Issues, Employment Litigation

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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 »

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 »

Takeaways from OCR’s Interim Guidance on Title IX

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

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

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Third Party Immunity for Relying on Powers of Attorney

There is no such thing as no liability, but as a result of recent sweeping changes to Pennsylvania's Power of Attorney statute, third parties should have a much higher level of comfort when taking direction from agents. If an…more

Immunity, Power of Attorney, Third-Party, Third-Party Liability

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Copying Legal Counsel Doesn’t Create Privileged Communication

The attorney-client privilege is a long-standing and well-established principle that protects certain communication between client and attorney from disclosure. With the increased use of email, clients may often copy their…more

Attorney-Client Privilege, Confidential Information, Privileged Communication

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Rejection Junction What’s Your Function

It’s happened to every dealer, more so in the last eight or so years than ever – the lender has approved funding; the RISC has been signed by the customer and dealer, and assigned by the dealer to the lender; the title work has…more

Automotive Industry, Car Dealerships, Lenders

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Driver’s License Please – Article 9 Style

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

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

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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 »

Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment…more

Cuba, Department of Agriculture, Exports, Farms, ITC

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A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring…more

Cheerleaders, Copyright, Copyrightable Subject Matter, Fashion Design, Graphic Designs

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Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation over…more

Competitive Bidding, Municipalities, Private Utility, Public Utility, Wastewater

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The End of (New) Limited Partnerships in Pennsylvania?

On December 31, 2015, after a 15-year phase-out (originally intended to last only nine years), Pennsylvania's 171 year-old capital stock tax finally expired…more

Business Formation, General Partner, Limited Liability Company (LLC), Limited Partnerships, Tax Liability

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Businesses That Fail to Protect Employees Face Legal Peril

It never fails – I tell someone that I am an employment law attorney and they ask “like discrimination and sexual harassment?” I say yes, and they respond, “but sexual harassment isn’t really a thing anymore, is it?”…more

EEOC, Employer Liability Issues, Hostile Environment, Sexual Harassment

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Milliken v. Jacono: Home Seller not Required to Disclose Murder/Suicide

In a unanimous decision handed down July 21, 2014, the Pennsylvania Supreme Court ruled that psychological stigma is not a material defect of real estate which sellers must disclose to buyers. The Court held that the occurrence…more

Disclosure Requirements, Home Buyer, Material Defects, Murder-Suicide, Purchase Agreement

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How to Lessen the Tax Bite When Selling a Business

When a business is sold, both the buyer and the seller endeavor to walk away with as much cash on hand as possible. The seller hopes to reap the rewards of years of hard work; the buyer hopes to secure enough cash to keep…more

Buying a Business, C-Corporation, Corporate Taxes, Goodwill, IRS

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Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment…more

Cuba, Department of Agriculture, Exports, Farms, ITC

See all updates »

Litigation Hold Letters

In this video, McNees Attorney Jim Franklin discusses the three considerations to think about when you get a Litigation Hold Letter…more

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Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting attorney’s…more

Appeals, Attorney's Fees, Copyright, Copyright Infringement, First Sale Doctrine

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EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of Confidentiality Claims

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such…more

Chemical Data Reporting, Chemicals, Confidential Information, EPA, Inventory

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PA Budget Watch

On Tuesday June 30th, Republican majorities in the Pennsylvania House and Senate passed a 2015-16 budget with no new taxes and sent it to Democrat Governor Tom Wolf who promptly vetoed the bill and called upon legislative…more

Legislative Agendas, State Budgets

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Tie Goes To The...

Most people know the baseball saying that “a tie goes to the runner.” But who wins if there is a tie in the votes of the judges who are deciding an appellate matter? This article addresses how a case can have a tie vote on…more

See all updates »

Stormwater Regulation and Fees Will Impact Auto Dealers

Municipalities throughout Pennsylvania are in the process of implementing local stormwater ordinances and fees that will likely impact many auto dealers. Recent changes to federal and state laws have forced municipalities to…more

Automotive Industry, Department of Environmental Protection, Storm Water

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Series LLCs in PA – Uncertainty Lessens

September 7, 2016 Publications Series LLCs are gaining traction across the country and, although Pennsylvania does not (yet?) permit the formation of Series LLCs, it has taken a major step in solidifying their acceptance here…more

Federal Taxes, IRS, Limited Liability Company (LLC), Separate Entity Rule, Series LLC

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Deadline to Renew Your Copyright Agent Notice for DMCA Safe Harbor December 31, 2017

If you operate a website or other online service that permits users to post content, listen up. You could be liable for potential copyright infringement if one of your users posts content that infringes a copyright. However,…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Internet Service Providers (ISPs)

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Top 10 “Must Do’s” Before Selling Your Business

After years of hard work, day after day, night after night, you have decided to part with your “baby”— sell your business. It can be one of the most difficult decisions of your life, and one of the most consequential. It’s…more

Best Practices, Business Succession, Succession Planning

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Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49…more

Bodily Injury, Car Accident, Cell Phones, Distracted Driving, Mobile Devices

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Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion?…more

First Amendment, Free Speech, Lanham Act, Matal v Tam, Redskins

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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 »

PA Supreme Court rules against grandparents in landmark custody rights case

A major Pennsylvania Supreme Court decision has tipped the scales against grandparents who attempt to seek custody of their grandchildren during a marital separation. The decision, handed down, ironically, just a day before…more

Child Custody, Grandparents Rights, PA Supreme Court

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I-9 Compliance is Now A Lot Easier

For years, employers have struggled with properly completing the requirements of the I-9 Form. Every employee hired after November 6, 1986 must have an I-9 Form on file with the employer. The Form is proof that the employer…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing

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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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UPDATE: Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

Last November, we explained the decision in the case of U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., from the U.S. District Court for the Western District of Pennsylvania. There, the court…more

Civil Rights Act, EEOC, Employer Liability Issues, Employment Litigation, Employment Policies

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Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in…more

Civil Unions, Divorce, Marriage, Obergefell v. Hodges, Same-Sex Marriage

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House GOP Tax Reform Plan Would Eliminate Tax-Exempt Private Activity Bonds, Including Bonds for Nonprofit Organizations

On November 2, 2017 Representative Kevin Brady, chair of the House Ways and Means Committee, introduced the Tax Cuts and Jobs Act, House Republicans’ long-awaited comprehensive tax reform plan. Among many things, the Act if…more

Bonds, Tax Exemptions, Tax Reform

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Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel in…more

Eminent Domain, Land Parcels, Murr v Wisconsin, Property Owners, Regulatory Takings

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

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

Blockchain, Initial Coin Offering (ICOs), SEC, Token Sales, Virtual Currency

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6 Tips On Legal Writing From A Former Federal Law Clerk

In litigation, first impressions frequently are made through the written word. Professional, coherent and accurate writing is crucial to establishing a good reputation with the court, and ultimately winning your case…more

Appellate Briefs, Legal Writing, Popular, Young Lawyers

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The DOL’s Fiduciary Rule Takes Effect Without Further Delay

The Secretary of Labor, John Acosta, announced recently that no further delays will apply to the Department of Labor’s new Fiduciary Rule on investment advice conflicts of interest and related prohibited transaction exemptions. …more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the…more

ALJ, Appeals, Arbitration, Charter Schools, Corporate Counsel

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You Are the Victim of Defamation: Should You Sue?

It is not unusual to get a telephone call from a client or prospective client (let’s call him John), who says, “Somebody is saying false things about me. I want it to stop, I want an apology, and I want damages.”…more

Cease and Desist, Defamation, Out-of-Pocket Expenses, Publication Requirement, Reputational Injury

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Sexual Harassment: Don’t Be the Next Headline

A simple Google search of “sexual harassment in the news” reveals multiple headlines such as “New York opens sexual harassment probe of Weinstein Co.: source,” “Chef John Besh Steps Down Amid Sexual Harassment Scandal,” and “38…more

Anti-Harassment Policies, EEOC, Employer Liability Issues, Sexual Harassment, Training

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Using SBA Loans for Business Acquisitions

Loans guaranteed by the Small Business Administration (“SBA”) can be a valuable tool for buyers interested in acquiring businesses that do not have sufficient hard assets to meet the collateral requirements of traditional bank…more

Acquisitions, Loans, SBA, Small Business

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Social Media in the Workplace: More Changes Ahead?

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning…more

Employer Liability Issues, Employment Policies, Facebook, NLRA, NLRB

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Creating ESOPs: 6 Essential Questions For Successful Employee Stock Ownership Plans

The Baby Boomer business owner has worked hard for a lifetime. The company is thriving. But retirement is in sight, and a big question looms: How do I convert a lifetime of hard work into a comfortable retirement income?…more

Baby Boomers, Closely Held Businesses, ESOP, Liquidity, Retirement

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Anatomy Of A Bond Issue: The Participants And The Steps

For many local government officials and solicitors in Pennsylvania, a bond issue is a rare occurrence perceived to be shrouded in mystery. Like most things in life, it is only mysterious because it is unfamiliar. Once you…more

Bonds, Municipal Bonds, SEC

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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, FDA, Food Labeling

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Inducement of Patent Infringement by Export – One is Never Enough

In its most recent foray into patents, the Supreme Court continued its recent line of decisions interpreting laws to limit the international reach of U.S. intellectual property protection. The holding can be summarized in what…more

Foreign Patent Applications, Inducement, Intellectual Property Protection, Life Technologies Corp v Promega Corp, PATENT Act

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4 Ways DIY Divorces Can Lead to Disaster

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on these…more

Divorce, Marital Assets, Separate Property, Spouses

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Covered Employers Must Electronically Submit Injury and Illness Data to OSHA by December 15, 2017

Last year, OSHA issued a new electronic reporting rule that requires employers with more than 250 employees in industries covered by the OSHA recordkeeping regulations, as well as employers with 20-249 employees in designated…more

Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Illness and Injury Reporting

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Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated…more

Employer Liability Issues, FLSA, Labor Law Violations, Statute of Limitations, Wage and Hour

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MSRB Issues Warning Guidance On Issuer Involvement In Selection of Underwriter’s Counsel

It has traditionally been a fairly common practice in the municipal bond arena for issuers to either select or have significant input into the selection of underwriter’s counsel in connection with the issuance of municipal…more

MSRB, Municipal Bonds, Public Financing, SEC, Underwriting

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Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying…more

Apple, Apple v Samsung, Corporate Counsel, Damages, Design Patent

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GDPR is Coming: Is Your Business Ready?

Even if your company primarily operates in the U.S., the European Union’s General Data Protection Regulation (GDPR)—which will take effect on May 25, 2018—may affect your organization. Here are three facts that all businesses…more

Data Protection, EU, General Data Protection Regulation (GDPR)

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Stormwater Regulation and Fees Will Impact Auto Dealers

Municipalities throughout Pennsylvania are in the process of implementing local stormwater ordinances and fees that will likely impact many auto dealers. Recent changes to federal and state laws have forced municipalities to…more

Automotive Industry, Department of Environmental Protection, Storm Water

See all updates »

Win One for the Fiduciary – The PA Supreme Court Clarifies the Interplay of UTA Provisions

As counsel to fiduciaries across our great Commonwealth, I was beginning to despair that changing one’s trustee was becoming as easy as changing the oil in one’s car. In the seminal case of Trust Under Agreement of Edward…more

Beneficiaries, Fiduciary Rule, Orphan's Courts, PA Supreme Court, Trustees

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Safeguarding Trade Secrets: What You Need To Know

Chances are your business is built on carefully cultivated client lists and finely honed business-development strategies. You might believe that such information is a trade secret and assume that it’s automatically protected…more

Intellectual Property Protection, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Restrictive Covenants

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Old is New: History Repeats Itself

You may recall that in late 2011, we published the article, “Five Persistent Trends Affecting Automobile Dealers.” While the specifics may have changed, many of the trends continue to persist and affect dealers. This is a…more

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

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Department of Revenue Issues Guidance Regarding the Act 52-2013 Add-Back Provision

On February 19, 2016, the Pennsylvania Department of Revenue (“Department”) released Information Notice Corporation Taxes 2016-1 (“Notice”) regarding the Act 52-2013 add-back provision that disallows corporate net income tax…more

Add-Back Legislation, Affiliates, Corporate Taxes, Department of Revenue, Tax Deductions

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Durable General Powers of Attorney

Durable General Powers of Attorney (“DGPOAs”) are fundamental estate plan documents used to allow a person (the “Principal”) to appoint another person (the “Agent”) to exercise certain powers on behalf of the Principal relating…more

Durable Power of Attorney, Estate Planning, Power of Attorney

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Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement…more

Akamai Technologies, Appeals, Claim Construction, Direct Infringement, En Banc Review

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Pennsylvania Revenue Package Update – Increase in Hotel Tax Now Possible

We are writing to update you on the status of budget negotiations in the Pennsylvania General Assembly. The potential storage tax that we wrote about earlier this week is currently off the table, but current talks include an…more

Hospitality Industry, Hotel Tax, Tax Code

See all updates »

Lease Receipts Subject to Business Privilege Taxes After All

The Pennsylvania Supreme Court recently reversed a 2014 Commonwealth Court decision in which the Commonwealth Court had ruled that the Local Tax Enabling Act (“LTEA”) bars local taxing jurisdictions from imposing business…more

Business Privilege Tax, Commercial Leases, Local Taxes, SCOTUS

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Pennsylvanians Penalized As Companies Are Forced To Waste Money Under Guise Of Energy Efficiency

Anyone who has paid an electric bill knows the importance of energy efficiency. Turn off the lights when you leave the room, install energy-saving light bulbs, keep the thermostat at a reasonable temperature: Every day,…more

Carbon Emissions, Electricity, Energy Efficiency, Manufacturers, Pending Legislation

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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 »

White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

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Transferability Provisions

When drafting governing agreements (“agreements”) for a corporation, partnership or LLC, provisions addressing the transfer of ownership interests (“interests”) are often not given the attention they deserve…more

Change of Ownership, Consent, Preemption, Transfer of Interest

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Basis In Inherited Property

A beneficiary of an estate will often receive property other than cash as a part of an inheritance. It is common for the beneficiary to be unfamiliar with the circumstances under which the decedent obtained the property or the…more

Beneficiaries, Estate Planning, Inheritance

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Worksite Notices, Who Needs ‘Em?

Well, if you are an organization that has employees, you do! Although they may be a bit unappealing and often overlooked, worksite notices are required under both federal and state law. In fact, many municipalities and cities…more

Employee Rights, Employer Liability Issues, Notice Requirements, Policies and Procedures, Posting Requirements

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Senate Confirms President Trump’s Pick for National Labor Relations Board General Counsel

In September, President Trump nominated management-side labor and employment lawyer Peter Robb to replace Richard Griffin, whose term expired on November 4, 2017, as general counsel to the National Labor Relations Board…more

Administrative Appointments, NLRB, NLRB General Counsel, Presidential Appointments, Senate Confirmation Hearings

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Annual Report on Emergency Engines Due to Environmental Protection Agency March 31, 2016, and Update Regarding Emergency Engine Demand Response Participation

The annual report for emergency stationary combustion engines ("emergency engines") must be submitted to the Environmental Protection Agency ("EPA") by March 31, 2016. You are required to submit this report to EPA if you…more

Annual Reports, Demand Response, Emergency Generators, EPA

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To Ship or Not to Ship…

Pennsylvania liquor licensees often have various questions regarding their ability to ship alcoholic beverages, both within Pennsylvania itself and beyond the Commonwealth’s borders. The ability and means by which to ship…more

Breweries, Business Licenses, Liquor, Liquor Licences, Wine & Alcohol

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OSHA’s New Reporting Rules to Make Employers Famous

By existing OSHA regulations, most employers (those with more than 10 employees) are required to complete and maintain records pertaining to serious work-related injuries and illnesses, using the OSHA 300 Log, OSHA 301 Incident…more

Electronic Filing, Employee Rights, Notice Requirements, OSHA, Posting Requirements

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Three Lessons All Companies Can Learn from the Data Breaches that Cost Yahoo $350 Million

Yahoo Inc. recently disclosed three massive data breaches, which compromised the personal information of 1.5 billion users and cost Yahoo $350 million in its acquisition by Verizon Communications Inc. Additionally, the…more

Acquisitions, Class Action, Cybersecurity, Data Breach, Due Diligence

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6 ways to build a foundation for a development project

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

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

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DOL Releases Proposed Rules Regarding Mandatory Paid Sick Leave for Employees of Federal Contractors

The United States Department Labor recently issued a Notice of Proposed Rulemaking to enforce President Obama’s September 2015 Executive Order establishing paid sick leave for federal contractors. Now that we have been able to…more

Comment Period, Construction Industry, Davis-Bacon Act, DOL, Employee Benefits

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Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)…more

Automotive Industry, Car Dealerships, DOL, Exempt-Employees, FLSA

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Bank Loans Grow In Municipal Market While Bond Issues Shrink

Significant developments in the way municipal entities borrow money are under way. Last year, issuances of new municipal bonds in traditional municipal bond markets dropped to near historic lows and the outlook for 2014 is…more

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Pennsylvania Revenue Package Update – Increase in Hotel Tax Now Possible

We are writing to update you on the status of budget negotiations in the Pennsylvania General Assembly. The potential storage tax that we wrote about earlier this week is currently off the table, but current talks include an…more

Hospitality Industry, Hotel Tax, Tax Code

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#RaiseTheWage: Why is Voluntarily Raising the Minimum Wage Rate Trending Across the Country?

For employers covered by the Fair Labor Standards Act (“FLSA”), the debate in Congress over the minimum wage has been a hot button issue. Interestingly, 29 states in addition to Washington D.C., have already enacted legislation…more

DOJ, FLSA, Minimum Wage, Wage and Hour

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McNees Insights – Estate Planning Newsletter - July 2017

Deducting Miscellaneous Itemized Deductions - You can elect each year to itemize deductions rather than claim the standard deduction. Itemized deductions are those that you claim on Schedule A of Form 1040, Itemized…more

Adjusted Gross Income, Buy-Sell Agreements, Deductions, Estate Planning, Succession Planning

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Emergency Engines – Promised EPA Rule Relaxes Allowance for Emergency Engines to Operate Under Demand Response Programs, But Limits Peak Shaving

On January 14, 2013, EPA signed final revisions to the RICE NESHAP (and related NSPS for consistency) allowing for expanded use of emergency engines in non-emergency situations. The action bans peak shaving by emergency engines…more

EPA, Power Companies, RICE NESHAP

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Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing…more

Arbitration, Arbitration Awards, Firemen, Municipalities, PA Supreme Court

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Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful…more

Advertising, Aereo, Broadcasting, Coca Cola, Copyright

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Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion?…more

First Amendment, Free Speech, Lanham Act, Matal v Tam, Redskins

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