Cohen Seglias Pallas Greenhall & Furman PC

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1600 Market Street
32nd Floor
Philadelphia, PA 19103, United States
Phone: 215.564.1700
Fax: 215.564.3066
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • D.C.
  • Delaware
  • Kentucky
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
51-99 Attorneys

Exploring Major Certification Changes in the USDOT’s DBE Program

The United States Department of Transportation (DOT) announced on April 9, 2024 significant updates to the Disadvantaged Business Enterprise (DBE) program regulations that are set to go into effect on May 9, 2024. The rulemaking…more

Contractors, DBE Program, Department of Transportation (DOT), Transportation Industry

See all updates »

CFPB Enacts New Protections for Tenants Under the CDC Eviction Moratorium

On April 16, 2021, the Consumer Finance Protection Bureau (CFPB) issued an Interim Final Rule which, effective May 3, 2021, requires all “debtor collectors” pursuing an eviction to provide written notice to the tenant(s) of…more

Centers for Disease Control and Prevention (CDC), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Eviction, FDCPA

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How Litigation over Pittsburgh’s Proposed Inclusionary Zoning Ordinance will Affect New Building Projects

The Ordinance - In 2019, an inclusionary zoning ordinance was implemented in Pittsburgh’s Lawrenceville neighborhood. Inclusionary ordinances aim to provide affordable housing to low-income families…more

Housing Developers, Land Developers, Local Ordinance, Urban Planning & Development, Zoning Laws

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FTC Ruling Puts the Brakes on Noncompete Agreements, Sending Shockwaves Through the Business World

In a seismic decision on April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban noncompete agreements for all workers, with a narrow exception for senior executives. This new rule, set forth in a 570-page action…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

A Win for PA Contractors—Court Shuts Down Homeowner’s Attempt to Enlarge the Statute of Repose

It’s a contractor’s worst nightmare: someone you haven’t heard from in ages, or ever, sues you, claiming a defect in the construction you performed years ago. But when is it too late to bring such a claim? You may think that the…more

Construction Defects, Construction Industry, Contractors, Statute of Repose

See all updates »

How the U.S. Supreme Court Shapes Social Media Access in Pennsylvania

Public officials and employees who frequently use personal social media accounts to discuss public issues should proceed with caution as the Pennsylvania Commonwealth Court held in Penncrest School v. Cagle that such posts may…more

Facebook, Online Platforms, Social Media, Social Networks

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Employees Can Now Use FMLA Leave to Reduce Their Schedules Indefinitely

On February 9, 2023, the U.S. Department of Labor (DOL) issued an opinion letter stating that employees may use the Family and Medical Leave Act (FMLA) to reduce their work hours indefinitely. The DOL issued its letter in…more

Department of Labor (DOL), Employer Liability Issues, Family and Medical Leave Act (FMLA), Reasonable Accommodation, Wage and Hour

See all updates »

Haven’t Been Paid? Preserve Your Rights Under the Miller Act

One of the most common issues subcontractors face is non-payment. Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an…more

Construction Contracts, Miller Act, Prime Contractor, Prompt Payment, Subcontractors

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Spring Cleaning: Review Your Contracts to Account for Ongoing COVID-19 Concerns

At this point, avoiding the cliché is, well, unavoidable. We are now past the one-year mark of the COVID-19 pandemic and much has changed. You don’t need a construction attorney to tell you so. While things have changed, we all…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Coronavirus/COVID-19

See all updates »

Finally—A De Minimis Exemption for Buy America

In November 2021, Congress passed the bipartisan Infrastructure Investment and Jobs Act (IIJA), pledging to invest $1 trillion into new infrastructure nationwide…more

Construction Industry, Construction Project, De Minimis Claims, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

New Jersey Public Bidding: Bid Defects That are Likely Fatal

Every contractor who bids on public projects in New Jersey knows the gut-wrenching feeling of spending weeks reviewing project specifications and drawings, performing site visits, attending mandatory bid meetings, and submitting…more

Competitive Bidding, Construction Industry, Contractors, Subcontractors

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How the CARES Act Allows Waiver of 2020 Taxable Qualified Retirement Required Minimum Distributions

Individuals are presently required to take yearly taxable distributions that increase one’s total income tax liability and in some cases may push an individual into a higher income tax bracket, known as Required Minimum…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Required Minimum Distributions, Retirement Plan

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Pennsylvania Investigating Grand Jury Subpoenas FAQ

How does a Pennsylvania grand jury work? A Pennsylvania investigating grand jury is a group of 23 to 38 jurors selected from the community pursuant to the Pennsylvania Investigating Grand Jury Act to assist prosecutors and law…more

Criminal Investigations, Evidence, Grand Juries, Subpoenas

See all updates »

A Seller's Guide to Navigating Business Impacts

Last year, New Jersey enacted a law prohibiting sellers from imposing certain surcharges for credit card transactions and establishing notice requirements regarding credit card surcharges for transactions in New Jersey…more

Credit Cards, Debit and Credit Card Transactions, Sellers, Surcharges

See all updates »

[Webinar] Managing Divorce: Safeguarding Your Business and Finances - May 29th, 12:00 pm - 1:00 pm ET

Divorce is a deeply personal and emotional process that can have significant implications for your business and financial stability. When business ownership is involved, navigating divorce proceedings becomes increasingly…more

Arbitration, Articles of Incorporation, Business Ownership, Buy-Out Agreements, Consent

See all updates »

Kuharchik: A Home Run for Heavy Highway Electrical Contractors’ Tax Obligations

This past summer, Cohen Seglias attorneys Roy Cohen, Ashling Ehrhardt, and Sydney Pierce obtained a victory for their client Kuharchik Construction against the Commonwealth of Pennsylvania in Kuharchik Construction, Inc. v…more

Construction Industry, Construction Project, Tax Exemptions, Tax Reform

See all updates »

Not Your Average Desktop Printer: How 3D Printing May Impact the Construction Industry

We are in the midst of what has been termed the “Fourth Industrial Revolution,” where manufacturing and other industries take advantage of modern advances in smart technology, automation, and cloud computing. 3D printing (also…more

3D Printing, Construction Contracts, Construction Industry, Construction Project, General Contractors

See all updates »

[Webinar] Managing Divorce: Safeguarding Your Business and Finances - May 29th, 12:00 pm - 1:00 pm ET

Divorce is a deeply personal and emotional process that can have significant implications for your business and financial stability. When business ownership is involved, navigating divorce proceedings becomes increasingly…more

Arbitration, Articles of Incorporation, Business Ownership, Buy-Out Agreements, Consent

See all updates »

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

Oprah Winfrey’s primetime television interview with the Duke and Duchess of Sussex, Prince Harry and Meghan Markle, revealed deep issues within the workings of a historic institution, one we only read about in books or watch on…more

Employer Liability Issues, Employment Policies, Race Relations, Workplace Investigations

See all updates »

[Webinar] Adapting and Complying to the New Title IX Regulations - May 15th, 12:00 pm - 1:00 pm ET

With the August 1, 2024 compliance deadline on the horizon for the new Title IX regulations, universities and colleges must understand the new regulations and revise their policies to ensure compliance…more

Best Practices, Colleges, Grievance Process, New Regulations, Professors

See all updates »

First in Time is Not First in Right for New Jersey Judgments

A harsh reality in any business, including construction, is that there will be people who owe you money but do not have it. In general, a simple collection action can be brought against these individuals to obtain a judgment…more

Construction Industry, Debtors, Judgment Liens, Liens, Personal Property

See all updates »

PA Supreme Court to Decide Scope of Payment Bond Sureties’ Liability in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co. Appeal

The Pennsylvania Supreme Court has agreed to hear an appeal of the case Eastern Steel Construction, Inc. v. International Fidelity Insurance Co., in which the Pennsylvania Superior Court clarified the claims that a subcontractor…more

Appeals, Arbitration, Contractors, Insurance Industry, Payment Bonds

See all updates »

Volatility in the Market Place: Lessons Learned From Price Increases of Past Pandemics

In the last year, materials, equipment, parts, and crafts workers have been in scarce supply due to the coronavirus pandemic. Disruptions to supply chains have increased the cost of such goods and labor. NUCA Members have…more

Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

See all updates »

Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections

Presented by Cohen Seglias attorneys Matthew Gioffre, Lisa Wampler, and Daniel E. Fierstein on November 17, 2020 for the Western Pennsylvania Chapter of NECA. 2018 saw the enactment of important changes to CASPA, a Pennsylvania…more

CASPA, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

[Webinar] Adapting and Complying to the New Title IX Regulations - May 15th, 12:00 pm - 1:00 pm ET

With the August 1, 2024 compliance deadline on the horizon for the new Title IX regulations, universities and colleges must understand the new regulations and revise their policies to ensure compliance…more

Best Practices, Colleges, Grievance Process, New Regulations, Professors

See all updates »

SBA Issues New Guidance on Loan Forgiveness and Other Paycheck Protection Program FAQs

As first discussed in our article, ”Keeping the Lights on During the COVID-19 Pandemic: The Paycheck Protection Program,” the Paycheck Protection Program (PPP) provisions of the Coronavirus Aid, Relief, and Economic Security Act…more

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

See all updates »

Coronavirus Update: Construction Projects in New York

On Friday March 30, 2020, Governor Cuomo signed Executive Order 202.13 that modifies previous Executive Order 202.6 and narrows the types of construction sites that are authorized to continue in New York State. The new order…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Department of Buildings (DOB)

See all updates »

More Than Meets the Eye: NJ Supreme Court Cardali Decision’s New Methodology Can Prevent Judicial Backlog and Increased Costs

Family law practitioners everywhere have lauded the New Jersey Supreme Court’s decision last year in Cardali v. Cardali for providing a ‘Big Win for Clarity’ on cohabitation cases and the burden that must be met before a plenary…more

Alimony, Child Custody, Child Support, Divorce, Marriage

See all updates »

Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections

Presented by Cohen Seglias attorneys Matthew Gioffre, Lisa Wampler, and Daniel E. Fierstein on November 17, 2020 for the Western Pennsylvania Chapter of NECA. 2018 saw the enactment of important changes to CASPA, a Pennsylvania…more

CASPA, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

[Webinar] Surviving the New Title IX Regulations: How To Develop New Policies and Navigate the Cross-Examination Requirements - June 10th, 1:00 pm - 2:00 pm ET

The new Title IX regulations fundamentally change the administration of Title IX investigations and proceedings. Released amidst colleges and universities coping with COVID-19 changes affecting classes and campuses, the new…more

Colleges, Cross Examination, Investigations, New Regulations, Policies and Procedures

See all updates »

How Changes to NY’s Wage Theft Laws Affect Contractors and Subcontractors

Effective January 4, 2022, New York’s amended wage theft laws enable a subcontractor’s employees to obtain judgments for unpaid wages directly against a contractor that hired their employer. The New York laws aim to provide…more

Construction Industry, Contractors, State Labor Laws, Subcontractors, Wage and Hour

See all updates »

Doe v. Fairfax Ruling: Sexual Assault Reports Constitute Actual Notice

The Fourth Circuit Court of Appeals recently decided what constitutes actual notice for sexual harassment in Title IX cases. A school has actual knowledge, also referred to as actual notice, when a report is made to any school…more

Educational Institutions, Sexual Assault, Sexual Harassment, Students, Title IX

See all updates »

Don’t Get Exposed: Limiting Your Liability Under Prevailing Wage and Hour Laws

4e construction industry has faced a skilled labor shortage over the past several years. One study found that the number of workers ages 25-54 dropped 8% over the last decade. At the beginning of 2022, one predictive model…more

Construction Industry, Construction Workers, Contractors, Employer Liability Issues, Prevailing Wages

See all updates »

A Win for PA Contractors—Court Shuts Down Homeowner’s Attempt to Enlarge the Statute of Repose

It’s a contractor’s worst nightmare: someone you haven’t heard from in ages, or ever, sues you, claiming a defect in the construction you performed years ago. But when is it too late to bring such a claim? You may think that the…more

Construction Defects, Construction Industry, Contractors, Statute of Repose

See all updates »

All Work and No Pay: Ed DeLisle Testifies Before Congressional Small Business Committee

Cohen Seglias Co-Chair of the Federal Contracting Group, Edward DeLisle, testified at a Small Business Committee hearing titled, “All Work and No Pay: Change Orders Delayed for Small Construction Contractors.” The hearing…more

Construction Contracts, Federal Contractors, Small Business

See all updates »

Biden Administration Updates Contractor Vaccine Mandate Guidance in Response to Nationwide Preliminary Injunction

Last week, the Biden administration updated its position regarding enforcement of the COVID-19 vaccine mandate for federal contractors in response to the nationwide preliminary injunction issued by a U.S. District Court judge in…more

Biden Administration, Coronavirus/COVID-19, Federal Contractors, Federal Employees, Infectious Diseases

See all updates »

Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania. Projects…more

Consequential Damages, Construction Contracts, Construction Industry, Construction Litigation, Construction Project

See all updates »

Supreme Court Halts OSHA’s Emergency Rule Requiring COVID-19 Vaccination or Testing

On January 13, the Supreme Court put OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on hold once again, and likely for good. The Supreme Court’s decision follows months of back-and-forth in the…more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, Lack of Authority, National Federation of Independent Business v Department of Labor and OSHA

See all updates »

Your Company Needs to Report Under the New Corporate Transparency Act, Now What?

Starting January 1, 2024, corporations, limited liability companies and other forms of entities created by filings with their states must file information with the Department of Treasury’s Financial Crime Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

Pennsylvania Bill to Prohibit Using Cross-Crafted Workers on Public Jobs

If your company performs work on public works projects in Pennsylvania, you should be following PA Senate Bill 841 (SB 841). Unless they are bound by a collective bargaining agreement, contractors working on public works jobs…more

Construction Contracts, Construction Project, Contractors, Public Works

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CARES Act Expands the Availability of Economic Injury Disaster Loans and Provides for Emergency Cash Advances

The economic injury disaster loan program (EIDL) is an existing loan facility operated by the United States Small Business Administration (SBA) under Section 7(b) of the Small Business Administration Act of 1953 (SBA Act). The…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Popular, Relief Measures

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Avoiding Court-Appointed Guardianships: The How and Why

Say somebody close to you—a parent, a cousin, a friend—becomes incapacitated and is unable to make medical, financial or other personal decisions. If they have no planning documents in place (i.e., a power of attorney for…more

Estate Planning, Financial Planning, Guardianships, Power of Attorney, Wills

See all updates »

Recent Changes to Design-Build Construction in New Jersey

At the end of April 2021, the “Design-Build Construction Services Procurement Act” (the Act) became law in New Jersey. The Act brings important changes to how publicly-funded construction projects are awarded in the state by,…more

Architects, Construction Contracts, Construction Industry, Construction Project, Design Professionals

See all updates »

[Ongoing Program] Part Three: Common Mistakes During the REA, Claim, and Appeal Process - October 6th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards…more

Appeals, Bid Proposals, Bid Solicitation, Construction Contracts, Construction Industry

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Court Strikes Down Pittsburgh Landlord Ordinance as Government Overreach

On March 17, 2023, the Commonwealth Court of Pennsylvania struck down a City of Pittsburgh ordinance known as the Residential Housing Rental Permit Program, Chapter 781—a resounding victory for local landlords. The Pittsburgh…more

Inspections, Landlords, Local Ordinance, Rental Property, Tenants

See all updates »

Supreme Court Halts OSHA’s Emergency Rule Requiring COVID-19 Vaccination or Testing

On January 13, the Supreme Court put OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on hold once again, and likely for good. The Supreme Court’s decision follows months of back-and-forth in the…more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, Lack of Authority, National Federation of Independent Business v Department of Labor and OSHA

See all updates »

Finally—A De Minimis Exemption for Buy America

In November 2021, Congress passed the bipartisan Infrastructure Investment and Jobs Act (IIJA), pledging to invest $1 trillion into new infrastructure nationwide…more

Construction Industry, Construction Project, De Minimis Claims, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

2022 Construction Forecast: Another Year of Recovery—and Challenges

As we embark on 2022, the world continues to weather the ongoing effects of the COVID-19 pandemic. For the construction industry, the pandemic has spurred certain unique and daunting challenges that are, by now, unfortunately,…more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

See all updates »

A Seller's Guide to Navigating Business Impacts

Last year, New Jersey enacted a law prohibiting sellers from imposing certain surcharges for credit card transactions and establishing notice requirements regarding credit card surcharges for transactions in New Jersey…more

Credit Cards, Debit and Credit Card Transactions, Sellers, Surcharges

See all updates »

Don’t Get Exposed: Limiting Your Liability Under Prevailing Wage and Hour Laws

4e construction industry has faced a skilled labor shortage over the past several years. One study found that the number of workers ages 25-54 dropped 8% over the last decade. At the beginning of 2022, one predictive model…more

Construction Industry, Construction Workers, Contractors, Employer Liability Issues, Prevailing Wages

See all updates »

Construction in Brief: 2018 Volume 3

Welcome to the fall edition of Construction in Brief! In this issue, we provide the latest information on a number of legislative changes affecting your business…more

Arbitration, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

[Webinar] Preparing and Protecting Your Estate Plan for Rising Interest Rates - November 30th, 12:00 pm - 1:00 pm ET

From 2010 to 2021, interest rates remained at historically low levels, and as a result, many estate plans were designed to work best in such environments. However, with the rise in interest rates, it is crucial to consider and…more

Estate Planning, Financial Planning, Interest Rates, Wealth Management, Webinars

See all updates »

Your Company Needs to Report Under the New Corporate Transparency Act, Now What?

Starting January 1, 2024, corporations, limited liability companies and other forms of entities created by filings with their states must file information with the Department of Treasury’s Financial Crime Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

PA Supreme Court Decision Highlights the Importance of Strict Compliance with Mechanics’ Lien Law

One of the most powerful tools in a contractor’s arsenal for obtaining payment on a construction project is a mechanics’ lien claim, which is a security interest that attaches to the owner’s property interest and “clouds” the…more

Construction Industry, Construction Project, Contractors, Mechanics Lien, Property Owners

See all updates »

New Proposed Cybersecurity Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two proposed rules for federal contractor cybersecurity requirements that relate to cyber threat and incident reporting and information sharing (case 2021-017) and standardizing…more

Corporate Counsel, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Federal Contractors

See all updates »

Recovering Field Overhead Expenses

In a recent Armed Services Board of Contract Appeals (ASBCA) decision, Pave-Tech, Inc., the ASBCA found that the decisions a construction contractor makes, even from the very beginning of a project, have consequences. In another…more

Armed Services Board of Contract Appeals, Construction Contracts, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Exploring Major Certification Changes in the USDOT’s DBE Program

The United States Department of Transportation (DOT) announced on April 9, 2024 significant updates to the Disadvantaged Business Enterprise (DBE) program regulations that are set to go into effect on May 9, 2024. The rulemaking…more

Contractors, DBE Program, Department of Transportation (DOT), Transportation Industry

See all updates »

NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor's Defective Construction Work is Insured

The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general…more

Commercial General Liability Policies, Condominiums, Consequential Damages, Construction Defects, NJ Supreme Court

See all updates »

The Latest on COVID-19: A Summary of Pennsylvania’s Construction Work Restrictions

As of April 13, 2020, Pennsylvania has over 24,000 confirmed COVID-19 cases. With a wide variety of executive orders and related guidance in place to slow the transmission of this illness, determining what work, if any, your…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Governor Wolf

See all updates »

New York City’s New Pay Transparency Law: What Employers Need to Know

Starting November 1, 2022, employers with four or more employees who advertise jobs for full or part-time employees in New York City must include a good faith minimum and maximum salary range or hourly wage for every job,…more

Employer Liability Issues, Job Ads, Job Applicants, Pay Transparency, Wage and Hour

See all updates »

What the RealPage Antitrust Lawsuits Mean for Residential Landlords and Renters

Renters nationwide are filing class action lawsuits against Texas-headquartered property management software company RealPage, Inc. and landlords who subscribe to RealPage’s services and software. These lawsuits claim that…more

Antitrust Provisions, Cartels, Landlords, Rent, Residential Leases

See all updates »

How to Handle Costs Outside of Child Support Guidelines

As family law attorneys, we often handle matters that involve one parent seeking child support from the other. The amount to be paid in child support is typically calculated by using child support guidelines. Frequently,…more

Child Custody, Child Support, Co-Parenting, Parenting Plans

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Navigating the Waters Beyond Construction Law: Unveiling the Ties Between Construction and Maritime Liens

Construction law is a complex field that intersects with various other industries and legal fields, one being the maritime industry. In nearly twenty years of practicing construction law, I have often experienced the connection…more

Construction Industry, Construction Project, Navigable Waters, Ports, Vessels

See all updates »

NJ Contractors, Take Note: State COVID-19 Vaccine Mandates Still Apply

In October, Governor Murphy issued Executive Order 271 (the order), imposing a COVID-19 vaccine mandate on contractors who work on state projects. Specifically, the order requires that New Jersey state contractors who work “on…more

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

See all updates »

Not Your Average Desktop Printer: How 3D Printing May Impact the Construction Industry

We are in the midst of what has been termed the “Fourth Industrial Revolution,” where manufacturing and other industries take advantage of modern advances in smart technology, automation, and cloud computing. 3D printing (also…more

3D Printing, Construction Contracts, Construction Industry, Construction Project, General Contractors

See all updates »

“Best Value” Procurement Takes Hold in Philadelphia: What It Means for the Construction Industry

Traditionally, public agencies have awarded construction contracts via the “lowest responsible bidder” procurement method, where bidders submit sealed bids and contracts are awarded to the lowest responsible bidder. However, a…more

Construction Industry, Contractors, State and Local Government, State Procurement Contracts

See all updates »

Securing and Protecting Home-Field Advantage in Construction Litigation

In construction litigation, home-field advantage is a concept that arises quite frequently. Certainly, in the sports world where we are used to hearing this term, home-field advantage is a controversial phenomenon. But, in the…more

Construction Disputes, Construction Industry, Construction Litigation, Construction Project, Contractors

See all updates »

Scientists Beware! Your University Could Revoke Your Ph.D.

The purpose of Public Health Service (PHS) regulations regarding scientific research misconduct—and, by extension, related institutional policies and procedures—is to protect the public’s health and safety, promote research…more

Policies and Procedures, Public Health Service (PHS), Universities

See all updates »

Final Warning: Are You Complying with OSHA’s New Reporting Requirements?

In July 2023, the U.S. Department of Labor announced a new rule expanding the injury and illness reporting requirements for many construction companies. The new rule, which went into effect on January 1, 2024, requires companies…more

Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury, Workplace Safety

See all updates »

Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania. Projects…more

Consequential Damages, Construction Contracts, Construction Industry, Construction Litigation, Construction Project

See all updates »

Department of Education to Propose Title IX Revisions Supporting Transgender Students

The Washington Post recently reported that new proposed Title IX language referencing transgender students should be expected from the Department of Education (the Department) this month. The reported proposed regulations will…more

Department of Education, Educational Institutions, Sex Discrimination, Students, Title IX

See all updates »

Real Estate 101: Knowing Your Property Value and Challenging Your Tax Assessment

After months, maybe years, of planning, raising capital, obtaining permits and waiting out construction, your gleaming new building is open and occupied. Soon, you’ll get a simple, one-page letter from your county’s Tax…more

Fair Market Value, Property Tax, Property Valuation, Tax Assessment

See all updates »

Kuharchik: A Home Run for Heavy Highway Electrical Contractors’ Tax Obligations

This past summer, Cohen Seglias attorneys Roy Cohen, Ashling Ehrhardt, and Sydney Pierce obtained a victory for their client Kuharchik Construction against the Commonwealth of Pennsylvania in Kuharchik Construction, Inc. v…more

Construction Industry, Construction Project, Tax Exemptions, Tax Reform

See all updates »

Design-Build – The Owner’s Dilemma

The recent passage of the infrastructure funding seems likely to lead to a significant influx in construction projects. Given the desire to get “work out on the street,” we anticipate that many owners will be looking to use…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Design Professionals

See all updates »

The Uncertain Future of Noncompete Agreements as FTC Extends Comments Deadline

On January 5, 2023, the Federal Trade Commission (FTC) announced its unexpected proposed rule change that would essentially ban noncompete agreements and require employers to rescind existing noncompete agreements. Following the…more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules, Restrictive Covenants

See all updates »

Scientists Beware! Your University Could Revoke Your Ph.D.

The purpose of Public Health Service (PHS) regulations regarding scientific research misconduct—and, by extension, related institutional policies and procedures—is to protect the public’s health and safety, promote research…more

Policies and Procedures, Public Health Service (PHS), Universities

See all updates »

What in the SAM Hill Happened to My Contract?

The System for Award Management (SAM) is the official website for registering to do business with the U.S. government, such as competing for federal procurement contracts. Under FAR 52.204-7, “an Offeror is required to be…more

Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems, GAO

See all updates »

A Contractor’s Guide During the Coronavirus Pandemic 2.0

The coronavirus pandemic has created novel burdens for contractors throughout the world. Project stoppages, limited work exemptions, and mandatory restrictions will continue to impact construction and related industries well…more

Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

See all updates »

How Changes to NY’s Wage Theft Laws Affect Contractors and Subcontractors

Effective January 4, 2022, New York’s amended wage theft laws enable a subcontractor’s employees to obtain judgments for unpaid wages directly against a contractor that hired their employer. The New York laws aim to provide…more

Construction Industry, Contractors, State Labor Laws, Subcontractors, Wage and Hour

See all updates »

Pittsburgh Landlord Ordinance Decision Appeal Goes to PA Supreme Court

Keeping Pittsburgh landlords on their toes, the City of Pittsburgh requested permission from the Pennsylvania Supreme Court to appeal the Commonwealth Court of Pennsylvania’s decision striking down the city’s ordinance known as…more

Landlords, Rent, Rental Property, Tenants

See all updates »

DMV Setoff Laws: The Good, the Bad and the Uncertain

Welcome back to our DMV Construction Law Series, where we examine different legal issues important to contractors in each post. We previously addressed the important and powerful payment mechanisms available to contractors under…more

Construction Contracts, Construction Industry, Construction Project, Contractors, General Contractors

See all updates »

Will my college find out if I am arrested off-campus?

If you have been arrested while you’re in college — even if it wasn’t on campus — you run the risk of being punished twice for the same crime…more

Arrest, Colleges, Educational Institutions, Students, Universities

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
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

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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