Author Info for Tucker Arensberg, P.C.

Adam Appleberry

DOJ Announces Largest Health Care Fraud Takedown in U.S. History

In the largest health care fraud takedown in U.S. history, the Justice Department announced charges against 324 individuals—including 96 licensed medical professionals—in connection with schemes involving over $14.6 billion in…more

Centers for Medicare & Medicaid Services (CMS), Criminal Prosecution, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions

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Erin Beckner Conlin

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

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

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

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Kasey Bolton

Understanding the Impact of Changing Common Level Ratios on Commercial Property Taxes

The “Common Level Ratio” (CLR) is a figure calculated by a state administrative body every year for every county. The CLR reflects the relationship between assessed and (fair) market values…more

Commercial Property Owners, Coronavirus/COVID-19, Fair Market Value, Filing Deadlines, Property Tax

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Steven Bovan

Title Insurance - It’s Too Expensive!

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

Insurance Industry, Mortgages, Title Insurance, Title Search

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Christopher Cahillane

In Potentially Groundbreaking Appeal, Pennsylvania Supreme Court to Consider Whether Public Utility Commission Can Regulate Municipal Authorities

It has been a long-standing cardinal rule in Pennsylvania that municipal authorities were beyond the regulatory reach of the Pennsylvania Public Utility Commission (“PUC”)…more

Appeals, Municipalities, PA Supreme Court, Public Utilities Commission, Public Utility

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Michael Cassidy

2025 Medicare Final Rule Highlights

CMS issued its Final Rule for the 2025 Medicare Physician Fee Schedule in November. Originally published in the Allegheny County Medical Society (ACMS) Bulletin - December 2024…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Health Insurance, Healthcare

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Nora Gieg Chatha

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

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

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

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Matthew Christoph

An Eleventh-Hour Pause on the Corporate Transparency Act

On December 3, 2024, an order of the United States District Court for the Eastern District of Texas granted a nationwide injunction halting enforcement of the Corporate Transparency Act (“CTA”) and regulations enacted under the…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Governance, Corporate Transparency Act

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Daniel Conlon

No More Last Minute Changes: Pennsylvania Court Tightens Rules on Council Meeting Agenda Updates

The Commonwealth Court’s decision in Coleman v. Parkland Sch. Dist., 305 A.3d 238 (Pa. Commw. Ct. 2023) has significant implications for boroughs in Pennsylvania. The Court ruled that Section 712.1(e) of the Sunshine Act is not…more

Board Meetings, Government Agencies, Municipalities, Posting Requirements, State and Local Government

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Jennifer Bittel Derby

When to Consider a Change in your Estate Planning Documents

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

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

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Alexandria Ebbert

Kayden’s Law - Update to Pennsylvania Custody Factors

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

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

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Jeremy Farrell

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination Case Before the Supreme Court

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and…more

Comcast, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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Irving Firman

Results of “Zombie” Restaurant Liquor License Auction

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

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

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Honorable Judith K. Fitzgerald

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

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

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

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Ian Grecco

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

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

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

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Kevin Hall

Don’t Get Zoned Out of Your Second Amendment Rights

Property owners may occasionally face challenges when municipalities interpret zoning ordinances in ways that could limit certain lawful activities. We recently represented a client in a case where the municipality sought to…more

Due Process, Fourteenth Amendment, Local Ordinance, Municipalities, Private Property

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Mark Hamilton

Warning to Small Business Owners: Don’t Contract Your Way Out of a Local Venue!

Small business owners often wait for things to go wrong before consulting with attorneys. This is understandable. Consulting a lawyer can delay a transaction and nobody likes the added expense…more

Best Practices, Breach of Contract, Contract Disputes, Contract Drafting, Contract Formation

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Matthew Hoffman

Transgender Accommodations and Parental Rights

A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade biological…more

Appeals, Constitutional Challenges, Due Process, Fourteenth Amendment, Gender Identity

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John Hosa

Lower 2026 Ratio New Opportunities for Reducing Your Property Tax Assessment

In Allegheny County, the tax appeal season will begin shortly for 2026. For every tax year, County property owners can file an assessment appeal. But allegedly, to continue providing certainty to taxpayers and taxing bodies…more

Appeals, Commercial Property Owners, Fair Market Value, Filing Deadlines, Property Tax

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Gary Hunt

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

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

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

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Brian Kahle

Fraud Alert: Corporate Transparency Act Scams

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

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

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Scott Leah

What Employers Need to Know Before Offering an Unpaid Internship

With summer approaching, some employers may be looking to bring in interns during their break from school. Internships are great as they provide students with real-world training and experience, which supplements the learning…more

Department of Labor (DOL), Employer Responsibilities, Fair Labor Standards Act (FLSA), Internships, Minimum Wage

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Albert Lee

New Department of Labor Final Rule Requires Reassessment of Independent Contractors

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

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

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Allyson Lonas

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching the Legal Landscape

This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption in…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Consent

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Ralph Manning

Saving Time and Money When Selling A Privately Held Business

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

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

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Jonathan McAnney

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

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

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

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Marisa McClellan

Are Foster Parents in Pennsylvania losing some of their rights?

Being a foster parent is difficult. It takes a special person to step up and step in to care for a child in need. And the process of caring for the child can be even more complicated as time progresses and court hearings…more

Child Custody, Family Law Courts, Foster Children, Legal Custody, PA Supreme Court

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Matthew McKinney

Five Months Since the End of Chevron Deference: The Department of Labor is Already Playing Defense

In a recent edition of this Newsletter, I wrote about the end of Chevron Deference and its potential impact on employment law broadly. Less than five months since the U.S. Supreme Court issued its landmark decision in the case…more

Chevron Deference, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Government Agencies

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Robert McTiernan

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the…more

Constitutional Challenges, Criminal Background Checks, Criminal Records, Employee Rights, Employer Liability Issues

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David Mongillo

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

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

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

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Barry Nelson

Paycheck Protection Flexibility Act: Changes to the Paycheck Protection Program

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

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

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Brandon O'Connor

Business Owner’s Guide: Fourth Quarter

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

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

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Jake Oresick

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the…more

Appeals, Department of Labor (DOL), Employment Litigation, Evidentiary Standards, Exempt-Employees

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Evan Pappas

Should I get a Trademark for my Brand or Business?

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

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

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Brian Pepicelli

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

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

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

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Weston Pesillo

IRS Extends Deadline to File Estate Tax Returns for Portability

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

Deceased, Estate Tax, IRS, Portability, Revenue Procedures

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Charles Potter

Voluntary Disclosure Program for ERTC Refund Recipients

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

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

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Ashley Puchalski Thomas

Lower 2026 Ratio New Opportunities for Reducing Your Property Tax Assessment

In Allegheny County, the tax appeal season will begin shortly for 2026. For every tax year, County property owners can file an assessment appeal. But allegedly, to continue providing certainty to taxpayers and taxing bodies…more

Appeals, Commercial Property Owners, Fair Market Value, Filing Deadlines, Property Tax

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Taylor Riedel

The Implied Warranty of Habitability: What Landlords Need to Know

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

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

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Gavin Robb

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

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

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

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Jerry Russo

Federal Prosecutions on the Rise for Physicians Prescribing Opioids

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

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

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J. Andrew Salemme

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

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

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

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Kenneth Scholtz

Employee Work Monitoring

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

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

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Eric Schumann

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

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

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

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Michael Shiner

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

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

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

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Kaitlyn Smearcheck

Private Employers and Trump’s Executive Order on DEI:

On President Trump’s first full day back in the Oval Office, January 21, 2025, he issued an executive order targeting diversity, equity, and inclusion initiatives and diversity, equity, inclusion, and accessibility programs…more

Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Maribeth Thomas

House Passes Internet of Things Legislation

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

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

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Richard Tucker III

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

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

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

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John Vogel

Lower 2026 Ratio New Opportunities for Reducing Your Property Tax Assessment

In Allegheny County, the tax appeal season will begin shortly for 2026. For every tax year, County property owners can file an assessment appeal. But allegedly, to continue providing certainty to taxpayers and taxing bodies…more

Appeals, Commercial Property Owners, Fair Market Value, Filing Deadlines, Property Tax

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Christopher Voltz

Office of Open Records Holds That Certain Records of a Booster Group Are Not Records of the School District

Lowry v. Rose Tree Media School District, AP 2024-2478 (Dec. 5, 2024). The Office of Open Records holds that registration forms for a cross-country meet that was organized and run by a booster group on school district property…more

Disclosure Requirements, Educational Institutions, Open Records, Public Records, Required Forms

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Ashley Wagner

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants, Contract Disputes, Contract Drafting

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Christopher Weis

Repeated Assaults of Kindergartner on School Bus Lead to Various Federal Law Claims

In October 2023, a five-year-old girl (Roe) in the Red Lion Area School District (District) was reportedly physically and sexually assaulted by a male student while riding a school bus. After this incident, no measures were…more

Assault, Due Process, Equal Protection, Fourteenth Amendment, Litigation Strategies

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Beverly Weiss Manne

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

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

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

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Paul Welk

New Department of Labor Final Rule Requires Reassessment of Independent Contractors

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

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

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Carolyn Whitworth

Final RMD Regulations Under SECURE Act Expected

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

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

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Edward Wodarczyk

2025 IRS & SSA Benefits Alert

IRS and SSA Announce 2025 Indexed Numbers - The IRS and Social Security Administration have announced cost-of-living increases for retirement plans and other employee benefit plans for 2025…more

Compensation & Benefits, Cost-of-Living Adjustment (COLA), Defined Contribution Plans, Employee Benefits, Highly Compensated Employees

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Frederick Wolfe

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

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

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

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Barbara Zemlock

Groundbreaking Federal Sentencing Ruling

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

Criminal Convictions, Federal Sentencing Guidelines, Sentencing

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W. Isaac Zimmerman

What Employers Need to Know About Pennsylvania’s Pending Cannabis, Equal Pay, and Non-Compete Legislation

As of May 2025, the Cannabis Health and Safety Act (House Bill 1200) is pending in the Senate awaiting revisions by the Law and Justice Committee. The act proposes a wide swath of “decriminalization” of the production, sale, and…more

Decriminalization of Marijuana, Employer Responsibilities, Employment Policies, Equal Pay, Health Care Providers

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Kayla Zizzi

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

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

Criminal Contempt, Criminal Procedure, Personal Protection Orders

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Tucker Arensberg, P.C.

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