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December 2014
IN THIS ISSUE: Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions l Arbitration Clauses Referencing American Arbitration Association Require Wording Preapproval and Fees Paid l Business Privilege Taxes Paid On Leases Refund/Appeal Filing Needed By March/April 2015
December 2014
IN THIS ISSUE: Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities l Focus on Pennsylvania Corporate Taxes l Fritz & Varner Named to Selected Lawyer Lists l Application and Sale of Restricted Tax Credits
November 2014
November 2014
Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case
Fall 2014
IN THIS ISSUE: Year-End Tax Planning 2014 l Pennsylvania Makes Significant Changes to Power of Attorney Law l Have You Reviewed Your Estate Plan Recently?
October 2014
October 2014
NOT SO FAST … The Lesson of Taylor: A trust cannot be modified to allow removal of the trustee without court approval
October 16, 2014
October 2014
Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never)
October 14, 2014
Leases Not Subject to Business Privilege Taxes - Commonwealth Court Case Presents Refund Opportunities
October 2014
The Legal Intelligencer
October 2014
September 2014
September 2014
September 2014
Is This The End of Patent Trolls?
September 2014
The Legal Intelligencer
September 2014
Insurer Refusal to Pay for Full Property Loss May Be Bad Faith
September 2014
IN THIS ISSUE: Sales Factor Sourcing of Services & Intangibles l Nonresident Limited Partners Liable for Personal Income Tax l PA Appeal Systems Changes Update l Personal Responsibility for PA Tax Assessments l Upcoming McNees Tax Seminar
August 2014
The Legal Intelligencer
August 26, 2014
The Legal Intelligencer
August 2014
"Micro-Units": NLRB Eases The Way For Union Organizing
July 2014
Third Party Immunity for Relying on Powers of Attorney
Summer 2014
In This Issue: Background Checks: Back to Basics l Sad Things Can Happen To A Dealership's Work "Family" Member, Too
Summer 2014
Distribution Agreements in Pennsylvania: Til Death Do Us Part
July 2014
Milliken v. Jacono: Home Seller not Required to Disclose Murder/Suicide
July 2014
Bank Loans Grow In Municipal Market While Bond Issues Shrink
July 2014
Is Attorney-Client Privilege Affected By Who Pays Counsel Fees?
Summer 2014
IN THIS ISSUE: Transitioning The Family Business to the Next Generation l Charitable Trusts and Estate Planning l Recent Tax Developments
Summer 2014
IN THIS ISSUE: PA Budget - Minor Tax & Escheat Impacts l Hotel Tax Increases and Philadelphia Cigarette Tax l Property Appeal Deadlines On Horizon l Altoona Business Privilege Tax Expansion Violates Local Tax Reform Act
July 2014
Failure to Report Cash Payment Over $10,000 May Lead to Government Penalties
July 2014
June 2014
U.S. Supreme Court Issues Long-Awaited Decision in NLRB v. Noel Canning; President Obama's Recess Appointments to NLRB Deemed Unconstitutional
June 25, 2014
June 2014
State Impacts of the Environmental Protection Agency's Clean Power Plan Rule
June 2014
Alice Corp. V. CLS Bank Int'l Refines Standard for Software Patents
June 2014
Can sending a text message make you liable for a car accident?
June 2014
June 2014
Supreme Court Reverses Federal Circuit on Two Key Patent Issues
June 2014
Insurance Coverage for Data Breaches - What Every Business Needs to Know
May 2014
Whitewood v. Wolf Legalizes Same-Sex Marriage in Pennsylvania
Spring 2014
IN THIS ISSUE: Ouch! Do PA Revenue Shortfalls Foretell PA Tax Increases? I County Property Assessment Appeals Deadlines Approaching! I McNees Attorneys Goodman and Varner Author 2014 Edition of Assessment Law & Procedure in Pennsylvania I Local Business Privilege Taxes Limited I PA Senators Continue Pushing to Replace School Property Taxes with Expanded Personal Income & Sales Taxes I New Corporation Tax Notices and Statements I Exemption for Construction of Water and Sewer Lines I Net Loss Liti
May 2014
Requesting, Obtaining and Reporting the Personal Information of the Beneficiaries of a Trust
May 15, 2014
May 2014
Sixth Circuit Declares Telecommuting May Be a Reasonable Accommodation Under the ADA
May 2014
OSHA: ACTIVE AGENCY AGENDA, INCREASED ENFORCEMENT EFFORTS AND LEGAL UPDATE
April 2014
Supreme Court Reinstates Cross-State Air Pollution Rule
April 2014
Two Supreme Court Decisions May Make Frivolous Patent Cases A Bad Bet
April 2014
Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits
April 2014
April 2014
PA Senators Pushing to Replace School Property Taxes with Expanded Personal Income and Sales Taxes
April 2014
Tavern Game Licenses
April 2014
Published in The Authority magazine
April 2014
IN THIS ISSUE: EEOC's Latest Target - Severance Agreements l Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests l Supreme Court Clarifies that Severance Payments are Taxable
April 2014
Spring 2014
IN THIS ISSUE: Who Gets Your IRA? – Six Common Mistakes l Estate Planning for Digital Assets l Post-Production Issues and Oil & Gas Leases
March 2014
Warranty Retail Rate Reimbursement:To Surcharge or Not to Surcharge, That is the Question
March 2014
Say It Isn't So – Has Pennsylvania Adopted No Fault Trustee Removal?
March 2014
Managing Energy Prices
March 2014
March 2014
In This Issue: Is That Covered? Timely Reporting of Food Claims l Business Interruption Coverage for Food Recall Claims
February 2014
February 2014
IN THIS ISSUE: PA Governor's Budget Proposal Preserves Capital Stock/Franchise Tax Phase-out l Shopping Guides and Inserts l Documentation Requirements for Sales of Fuel Oil l Property Tax Notes l PA Issues on Appeal - Sales and Use Tax (Part 2)
February 2014
An Overview of the Board’s Significant Actions
February 2014
The Use of Trusts in Business Succession Planning
February 2014
Business Woman Magazine - February 2014
January 2014
Supreme Court Rules Patentee Always Bears Burden of Proving Infringement
January 2014
The Stimulus Shall Continue: IRS Gives OK to Current Refundings of Recovery Zone Facility Bonds
January 2014
January 2014
Published in The Bond Buyer on January 22, 2014
January 2014
The Fiduciary Exception to the Attorney Client Privilege
January 2014
Requirements for Existing Area Source Boilers
Janurary 2014
January 2014
FERC-CFTC Memoranda of Understanding
January 2014
Business Insurance Audit
December 2013
Roof Collapse Due to the Weight of Ice or Snow
Winter 2013
The Devil is in the Details
December 2013
IN THIS ISSUE: Is That Covered? Food Recall Claims l Insurance Coverage for Food Claims: Communicating with Your Insurance Company
December 2013
California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests
December 2013
December 2013
IN THIS ISSUE: Fuel Taxes Increased to Solve Transportation Funding Shortfall l PA Supreme Court Upholds Rejection of Township Business Privilege Tax l Unclaimed Property - Challenge to Delaware’s Auditing Procedures l PA Sales Tax Ruling Clarifies Computation of Taxable Purchase Price for Tractor Trailers l Sales Tax - Mine Site Preparation l Assessment Of Environmentally Contaminated Real Estate l Board of Finance and Revenue Changes Awaited l PA Issues On Appeal - Sales and Use Tax
December 2013
Published in The Bond Buyer on December 4, 2013
December 2013
SEC Issues Final Municipal Advisor Registration Regulations
December 2013
Pennsylvania Bar Association
Fall 2013
IN THIS ISSUE: Timely Year-End Tax Planning Can Reduce Taxes l Income Tax Cost Basis Planning l Marriage and Taxes in 2013
November 2013
Published in The Bond Buyer on November 7, 2013
November 2013
Avoiding Potential Litigation Pitfalls Associated With On-Board Video Cameras
October 2013
Pennsylvania Senate Local Government Committee Advances Amended Municipal Financial Reform Legislation
October 2013
Starting a Craft Brewery: Business Tips for the New Entrepreneur
October 2013
Pennsylvania Senate Local Government Committee Advances Bill No Longer Banning, But Limiting Municipal Interest Rate Swaps
Fall 2013
Dealer Markup Practices - In a New Era of Federal Enforcement
October 2013
September 2013
Central Penn Business Journal
September 2013
FDA Sets "Gluten-Free" Labeling Standards
September 2013
Published in The Legal Intelligencer on September 24, 2013
September 2013
IN THIS ISSUE: Commonwealth Court Denies Manufacturing Exclusion to Service Provider l PA Telecom Gross Receipts Litigation Finally Moving l Philadelphia Property Owners Take Notice! Reassessment Appeal Deadline Approaching l PA Business Taxes Rank Mid-Pack l Upcoming Seminars - Join Us! l PA Issues On Appeal – Corporate Taxes
September 2013
IN THIS ISSUE: Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper l NLRB's New Ruling Could Spell Trouble in Harassment Investigations
September 2013
IN THIS ISSUE: “Wrongful Acts” and the Jerry Sandusky Scandal l Insurance Spotlight: Management Liability Insurance
September 2013
U.S. Department of Labor Announces Rules to Compel Federal Contractors to Hire More Veterans and Disabled Individuals
August 28, 2013
Summer 2013
IN THIS ISSUE: Qualified Family Business Exemption for Inheritance Tax l 3.8% Medicare Tax on Net Investment Income l Payable on Death Accounts – Pros and Cons
August 2013
August 2013
Published in The Bond Buyer on July 31, 2013
August 2013
Keyword Advertising Email Alert
Summer 2013
IN THIS ISSUE: Can Bankruptcy Be A Tool To Combat Eminent Domain? Probably Not l Finding the Facts Before the Lawsuit Begins: Pre-Complaint Discovery in Pennsylvania
August 2013
IN THIS ISSUE: Making the ‘Right’ Choice l Top Ten Mistakes Businesses Make Regarding Insurance l You’ve Got the Job, Details Will Follow
July 2013
When are “No-Contest” Clauses Enforceable?
Summer 2013
Tie Goes To The...
July 2013
IN THIS ISSUE: PA Capital Stock/Franchise Tax Phase-Out Deferred l PA Board of Finance and Revenue Reconstituted as Independent Tax Tribunal l Annual PA Property Valuation Appeals Due Soon l Telecom Gross Receipts Tax Decision Issued
July 2013
July 2013
Bipartisan Group of Senators Advance Additional Municipal Debt Reform Legislation
June 2013
June 2013
June 2013
IN THIS ISSUE: How Long Should I Keep My Insurance Policies? l Coverage Spotlight: Contract Litigation Insurance
June 2013
IN THIS ISSUE: Home Stretch to a PA Budget l PA to Project Vendor Overpayments In Some Audits l Township Business Privilege Tax Rejected l Pennsylvania Supreme Court Upholds IFTA Liability
May 2013
Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement
May 2013
The SEC Action Against the City of Harrisburg: Lessons for Other Municipalities
May 2013
Emergency Engines - Promised EPA Rule Relaxes Allowance for Emergency Engines to Operate Under Demand Response Programs, But Limits Peak Shaving
May 2013
Is That Covered? Tanker Fire
Spring 2013
IN THIS ISSUE: ATRA 2012 – How Does it Affect You? l Planning and Paying for Long-Term Care l Obama Revenue Raising Proposals
May 2013
IN THIS ISSUE: Employee Tip Pools: Dive In With Caution l Ahhh…Spring l The Ska / DuClaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer
April 2013
IN THIS ISSUE: Commercial General Liability Policies and the Risk of "Intangible" Losses l Is That Covered?: "Cumis" Counsel
April 2013
New and Revised Orphans' Court Rules to be Recommended
April 2013
April 2013
April 2013
IN THIS ISSUE: I Have a Judgment, Now What?: Collecting and Enforcing a Money Judgment Through the Garnishment Process l Responsibilities to Preserve Data for Litigation
April 2013
March 2013
Nonjudicial Settlement Agreements – Are They the Silver Bullet We All Thought They Were?
March 2013
March 2013
March 2013
IN THIS ISSUE: Insurance Coverage Update: Reservation of Rights Letters l Insurance Spotlight: Cyber Risks
March 2013
March 2013
March 2013
February 2013
An Overview of the Board's Significant Decisions and Other Actions
February 2013
February 2013
IN THIS ISSUE: PA Governor Proposes Corporate Tax Cuts l Add-Back Legislation Reintroduced l PA Supreme Court Issues Business / Nonbusiness Income Decision l Property Reassessments l Commonwealth Court Addresses Additional IFTA Issues l Commonwealth Court Opinion Contains Important Lessons l Administrative Bank Attachment l PA Supreme Court Invalidates Local “Flat Tax” on Businesses l Use of Appeal Filing Date as Valuation Date for Assessment Appeals
February 2013
Senate Proposal Would Dramatically Change Process for DCED Approval of Municipal Debt
February 2013
Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees
February 2013
IN THIS ISSUE: Insuring Your Dealership: Do I Really Need Garage Liability and Garagekeeper's Insurance? l The American Taxpayer Relief Act
February 2013
Winter 2013
IN THIS ISSUE: 2012 Tax Act
January 2013
IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises (Some Good For Employers - Some Not)
January 2013
December 2012
IN THIS ISSUE: Facility Upgrades, Where Does it End? l Change in Areas of Responsibility l Sad Things Can Happen to a Dealership's Work "Family" Member, Too
December 2012
IN THIS ISSUE: Insurance Coverage Related to Oil and Natural Gas Fracking l Finding Coverage For Fiduciary Liability Claims l What’s the Difference Between an Insurance Certificate and an Additional Insured?
December 2012
IN THIS ISSUE: Export Controls: Increased Enforcement Demands an Effective Export Compliance Program l Serving as a Board Member is Serious Business I Trends in Health Care Transactions
December 2012
December 2012
IN THIS ISSUE: PA Supreme Court Affirms Sales Tax Exemption for “CHEP” Pallets l Promoting Employment Across Pennsylvania Act l Fuel Tax Update l Delaware & New Jersey Abandoned & Unclaimed Property Developments l Filed a Property Tax Appeal, But Don’t Have an Appraisal Yet? l Department Issues Timely Guidance on Oil and Natural Gas Interests l Collecting and Remitting PA Sales Tax on Multistate Sales Transactions
November 2012
Interest Rate Swaps After Dodd-Frank - No Longer Business As Usual
November 2012
IN THIS ISSUE: Are You Liable for Serving Alcohol at Holiday Parties? l How Well Does Directors & Officers Coverage Protect Officers and Directors From Claims?
Fall 2012
IN THIS ISSUE: Year-End Tax Planning l Planning and Paying for Long-Term Care l Should You Be Considering Year-End Gifts?
Thursday, November 1, 2012
November 2012
UCC – Pennsylvania Changes Coming in 2013
October 2012
IN THIS ISSUE: What Law Applies When A Flood-Related Disaster Hits? l Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages
October 2012
Act 13: Distributing The Cost Of Increased Road Deterioration
October 2012
Special Education Evaluations
October 2012
IN THIS ISSUE: Health Care Reform Update l Recent Decision Calls “At-Will Disclaimers” Into Question Under NLRA l NLRB Decision Could Interfere With Workplace Investigations l Employers Required to Use New FCRA Notices Effective January 1, 2013 l Federal Appeals Court Gives Wellness Program a Clean Bill of Health l EEOC Strategic Enforcement Plan
September 2012
Ten Simple Suggestions for Avoiding Dealership Problems
September 2012
IN THIS ISSUE: Online Advertising l PA Sales Tax Prepayment Option l State & Local Tax Seminars l PA School Districts Seek to Increase Property Taxes l Florida Domicile Upheld l Nonresident Limited Partners Lose Entire Investments l Credits for Annuities Sustained l Tax Collectors Must be Adequately Compensated l Contribution to Construction Costs l Act 55 Charitable Exemption Standards l A Digital Deal You Can’t Refuse l Religious Camp Exemptions
August 2012
IN THIS ISSUE: Can Predictive Coding Relieve The Burdens Of Electronic Discovery? l Seeking a Preliminary Injunction? Don’t Forget to Post a Bond
August 2012
IN THIS ISSUE: Government Audits, No 100% Mark Up Restriction l Maufacturer Audit Checkbacks l Is That Covered? Costs of Government Investigations l Property Tax Reassessment Season Heats Up
August 2012
Pennsylvania Supreme Court Changes Rule On Dual Commissions
Thursday, August 16, 2012
August 2012
IN THIS ISSUE: Theft of Your Property While Contractors Have Access to Your Facility l Finding Insurance Coverage for the Cost of Government Investigations
Wednesday, August 8, 2012
Summer 2012
IN THIS ISSUE: Planning For College – 529 Accounts l Estate Planning - IRS Issues Temporary Portability Regulations l Filial Support and Mr. Pittas
Wednesday, August 1, 2012
Friday, July 27, 2012
Wednesday, July 25, 2012
July 2012
Exceptions: The New Waiver Trap
July 2012
IN THIS ISSUE: Preventing Or Responding To Data Security Breaches: Is Your Information Safe? l Successor Liability – Not Your Problem, Or Is It? l Jobs Act Opens Up New Capital Raising Alternatives for Private Companies
July 2012
IN THIS ISSUE: PA Adopts Business Friendly Budget & Tax Changes l Pennsylvania Changes Position on Taxation of "Cloud Computing" l Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities l Computation of Interest on IFTA Audit Deficiencies l Real Estate Assessment Appeals
July 2012
Recent Cases Illustrate Possibility of Substantial Verdicts Against Transportation Brokers
Tuesday, June 26, 2012
July 2012
IN THIS ISSUE: 2012 Edition of Assessment Law l Countywide Reassessments l Annual Property Valuations Appeals l Welcome Stranger
June 2012
Opportunity to Comment on U.S. Environmental Protection Agency Proposal That Will Impact Operation of Emergency, Back-Up Generators
Monday, June 11, 2012
May 2012
IN THIS ISSUE: Long Awaited Tech One Associates Decision l Philadelphia Common Level Ratio Drama Continues l Court Upholds IFTA Liability l PA Budget Watch l Goodwill Included in Subsidiary Valuation for Holding Company Apportionment Test l PA Supreme Court Denies Reconsideration of Decision Addressing Construction Contracts with Non-Exempt Entities l Supreme Court Affirms Constitutional Test Must be Met by Those Seeking Charitable Exemptions l
May 2012
Why Wait To Register? Trademark registrations are quickly becoming the only cost effective means to defend brands online
Tuesday, May 8, 2012
May 2012
May 1, 2012
WHAT WAS THAT COURT THINKING?
Spring 2012
IN THIS ISSUE: Did You Know? Obscure Appellate Quirks l Recent Appellate Decision: What kind of “breakdown” in court operations will toll the appeal deadline?
Spring 2012
IN THIS ISSUE: Have You Checked Your Beneficiary Designations Recently? l Tax-Advantage Charitable Giving l Planning and Paying for Long-term Care (Part 4 in a series: Medicaid/Medical Assistance)
April 2012
Act 127 of 2011 – The Gas and Hazardous Liquids Pipeline Act: PaPUC Registration
Spring 2012
Thursday, April 12, 2012
April 2012
Small Games of Chance Still a Gamble!
Wednesday, April 4, 2012
Friday, March 30, 2012
March 2012
IN THIS ISSE: Sales of Dealerships: 2012 l Federal Estate and Gift Tax Update
March 2012
In this Issue: Protecting Your Name on the .XXX Domain l Service Animals and Assistance Animals – The Legal Landscape
Friday, March 23, 2012
March 2012
An Overview of the Board's Significant Decisions and Other Actions
February 2012
Act 13 of 2012 – Implementation of Unconventional Gas Well Impact Fee Act
February 2012
Act 127 of 2011 – The Gas and Hazardous Liquids Pipeline Act: Final PUC Implementation Order
February 2012
IN THIS ISSUE: Medical Certification – New Requirements l Ban on Texting While Driving
February 2012
IN THIS ISSUE: Governor’s Budget Proposal l Marcellus Shale Impact Fee Enacted l Property Tax Reassessments Coming! l Bipartisan Push for Royalty Addbacks l PA Unclaimed Property Filings Due April 16 l Injunction Against NJ Unclaimed Property Law l PA Supreme Court Rejects “Sheetz Test” l PA Pursues Online Vendors l Tax Notes
February 2012
February 2012
MSRB Cautions Underwriters Against Providing Bondholder Consents
February 2012
Truck Drivers Hauling Material Between a Turnpike Construction Site and a Borrow Pit Adjacent to the Project Are Entitled to be Paid the Prevailing Wage
January 2012
January 2012
Act 127 of 2011 – The Gas and Hazardous Liquids Pipeline Act; Assessment of Pipeline Operators
January 2012
Dealers Focused on Franchise Law Protections
December 2011
IP Rights with Penn State Take a Left Turn
December 2011
IN THIS ISSUE: EEOC Targets Employers’ Leave of Absence and Attendance Policies l Curbing FMLA Abuse: Policies Restricting an Employee’s Travel While on Paid Sick Leave
December 2011
IN THIS ISSUE: Year-End Tax Planning 2011 l Planning and Paying for Long-Term Care l Gifting and Marcellus Shale
November 2011
IN THIS ISSUE: Compromises to be Permitted at Board of Appeals: Major Announcement Alters Decades-Long Practice l “CHEP” Pallets Exempt as Wrapping Supplies l PA Tax Collections Continue to Lag l Deeper Down the Rabbit Hole: Pennsylvania Sales and Use Tax Implications of Online Digital Marketplaces l Commonwealth Court to Consider Failure to Comply with IFTA Documentation Requirements l Gross Receipts Tax Reminder l Consolidation of Local Earned Income Tax Collection l PA NOTES
November 2011
IN THIS ISSUE: Communications from Counsel to Client are Privileged, PA Courts Confirm l Significant Changes to PA Custody Law
November 2011
.XXX Domain General Availability Starts December 6, 2011
November 2011
EXPANDED DEFENSE TO PATENT INFRINGEMENT UNDER THE AMERICA INVENTS ACT
November 2011
Time is Running Out: Is Your Green Project Eligible for Federal Grant Funds?
November 2011
IN THIS ISSUE: IRS Provides Taxpayers with the Opportunity to Reclassify Independent Contractors with Reduced Tax Liability l OFCCP Mid-Atlantic Region Issues Scheduling Letters
November 16, 2011
Compromises to be Permitted at Board of Appeals: Major Announcement Alters Decades-Long Practice
November 2011
Post-Trial Motion Requirements – The Saga Continues
November 15, 2011
Post-Grant Review and Inter Partes Review – New Tools from the America Invents Act
November 2011
IN THIS ISSUE: Flood Insurance - More Businesses Should Consider Purchasing This Coverage l Patent Reform on the Way l Who Owns Shale Gas?
October 2011
SAVE MONEY ON YOUR BOTTOM LINE! Things Your Dealership Should Know About Pennsylvania’s Property Tax Assessment System
October 18, 2011
Patent Reform Digest - What’s Left of "Best Mode" After Patent Reform?
October 2011
October 2011
October 2011
Balancing Risks and Rewards of IP in the Cloud
October 2011
October 4, 2011
Patent Reform Digest - Tax Strategies Unpatentable Under America Invents Act
October 2011
September 28, 2011
Securities and Exchange Commission Names Advisory Committee on Small and Emerging Companies
September 2011
September 27, 2011
Patent Reform Digest - Changes in Patent Marking Provisions
September 2011
IN THIS ISSUE: Have You Filed Your Gross Receipts Tax Refund Claims? l Philadelphia Common Level Ratio Drop Results in Opportunities l Upcoming SALT Seminars l Governor Signs into Law Three Bills Affecting Oil and Gas Drilling l Internet Red Light District Domain l PA Tax Collections Lag l Who Will Pay for Necessary Improvements to Pennsylvania’s Transportation Infrastructure? l “Main Street Fairness Act” l PA NOTES
September 20, 2011
Patent Reform Digest - Patent Fee Increases
September 2011
IN THIS ISSUE: Commonwealth Court to Consider Impact of Failure to Comply with IFTA Documentation Requirements l Who Will Pay for Necessary Improvements to Pennsylvania’s Transportation Infrastructure?
September 2011
Patent Reform on the Way
September 2011
Recent OFCCP Settlement Makes Case For Affirmative Action Self-Audits
September 2011
IN THIS ISSUE: BUDGET CONTROL ACT OF 2011 l PLANNING AND PAYING FOR LONG-TERM CARE l Estate Planning – Portability Provisions of TRA 2010 l McNees Welcomes Kendra McGuire
September 2011
IN THIS ISSUE: CERTIFICATES OF INSURANCE: Understanding the Difference Between What Is Requested and What The Insurance Company Provides l Carrying People or Property for a Fee: Where Does Coverage Stop?
September 2011
Limited Window To Prevent Trademark Uses in Internet Red Light District Domains (.xxx)
August 2011
August 2011
August 2011
IN THIS ISSUE: Philadelphia Property Owners Have Opportunity to Significantly Reduce Property Taxes
July 2011
IN THIS ISSUE: The DOs and Don’ts of Saving Money on Insurance l The Rising Costs of Disaster: How to Obtain Protection for Flood Related Incidents
July 2011
IN THIS ISSUE: PA Budget: No State Tax Increases for 2011-12 l June Collections: +8.3% l Assessment Law Author Bert Goodman Joins McNees l PA Tax Tips: Local Tax Exemptions for Manufacturing l Pennsylvania Property Tax Task Forces Created l An Introduction To Sales and Use Taxation of Digital Goods l PA Case Notes
July 2011
July 2011
IN THIS ISSUE: It’s Time to Dust Off Dealership Policies Against Discriminatory Harassment! l Important Tax Alert
June 2011
IN THIS ISSUE: New gTLDs to Appear as Early as 2012 l Recent Supreme Court Decision May Affect Federally Funded Research
June 2011
New FBAR Rules Significantly Increase Employee Filings
June 2011
June 2011
IN THIS ISSUE: Practical Implication of OCR’s Title IX “Dear Colleague” Letter l Cyberbullying: Balancing the Rights of Student Victims and Bullies
June 2011
APPLICATION OF LASER NORTHEAST GATHERING COMPANY, LLC
June 2011
May 2011
IN THIS ISSUE: Corporate Net Income Tax - Nonbusiness Income, Fair Apportionment and Unrelated Asset Arguments Rejected l Real Estate Assessment Deadlines Approaching l PA Tax Tips - Sales & Use Tax Exclusions l Pennsylvania Department of Revenue Relaxes “Pay to Play” Rule l Marcellus Shale Natural Gas Well “Impact Fee” Proposed l Payment for Use of Coin-Operated Air Vending Machine Not Subject to Sales Tax l Recent Real Estate Tax Decisions
May 2011
IN THIS ISSUE: TAKING AN ACTIVE ROLE IN YOUR EMPLOYEE BENEFIT PLAN CAN SAVE YOU A LOT OF MONEY l INSURER BAD FAITH TOWARDS COMMERCIAL INSUREDS
May 2011
May 2011
IN THIS ISSUE: Protecting Your Registered Business Name: Mandatory Decennial Filings in 2011 l A Lesson on Renewable Contracts l Important Change in Rules for Bank Qualified Tax-Exempt Obligations l Tax Considerations In Foreign Joint Ventures
April 2011
International Bribery Rules Have Changed: Is your FCPA policy up-to-date?
April 14, 2011
April 2011
USPTO Accepting Prioritized (Fast Track) Examination Requests Beginning May 4, 2011
April 2011
IN THIS ISSUE: Government Contracts Carry Hidden Risks and Responsibilities l CSA Update l Marcellus Shale Transportation Hot Topics
April 2011
IN THIS ISSUE: A NEW DAY RISES, BUT WITH MORE OF THE SAME
April 2011
IN THIS ISSUE: I Took My Car In For Service, And All I Got Was This Lousy Insurance Policy l Insurance Coverage For Food Contamination Claims
April 1, 2011
March 2011
IN THIS ISSUE: PA Unclaimed Property Filings Due April 15th l Governor Corbett Proposes “No New Tax” Budget l 100 % Bonus Depreciation l PA Revenue Dept. Pursuing Use Tax on Purchases from Online Retailers and Other Out-of-State Vendors l Other Recent PA Tax Developments
March 2011
IN THIS ISSUE: 2011 Tax Law Changes l Estate Planning and the 2010 Tax Act l Planning and Paying For Long-Term Care (Part 1 in a Series) l McNees Welcomes Scott Alan Mitchell
March 15, 2011
January 2011
IN THIS ISSUE: PA BUDGET WATCH l MARCELLUS SHALE TAX ISSUES AND OPPORTUNITIES l PA TAX TIPS l LEGISLATIVE COMMITTEE ISSUES STUDY OF PENNSYLVANIA PROPERTY TAX ASSESSMENT SYSTEM l PA SALES & USE TAX NOTES l PA PERSONAL INCOME TAX NOTES l PA CORPORATE TAX NOTES l PA PROPERTY TAX NOTES l RETAILERS TO COLLECT 911 FEE ON PREPAID CELL PHONE SERVICE l LOCAL TAX DEVELOPMENTS l OTHER PA TAX NOTES
Winter 2011
WHAT YOU NEED TO KNOW - Pennsylvania Construction Workplace Misclassification Act
January 2011
IN THIS ISSUE: What Is “Hypothetical Jurisdiction” Over An Appeal? l Amendments To The Federal Appellate Rules Increase Scrutiny of Amicus Briefs l Pennsylvania Supreme Court Allows Amicus Briefs On Certification Questions l Pennsylvania Superior Court Formalizes Mediation Procedures
January 2010
Dodd-Frank Update - SEC Proposes Final Rules for Municipal Advisor Registration
January 3, 2011
January 2011
December 2010
IN THIS ISSUE: Effective January 10, 2011, New GINA Regulations Will Impact Common HR Practices
December 2010
IN THIS ISSUE: "The Gambler" of Mediation
December 2010
IN THIS ISSUE: En Banc Superior Court To Address Unresolved Issues Regarding Expert Discovery l What Does Financial Distress Mean For a Creditor? An Overview Of The Pennsylvania Municipality Financial Recovery Act
December 2010
IN THIS ISSUE: Tax Considerations In Foreign Joint Ventures l Year-End Tax Planning l Tax Credit Could Help Bottom Line Of “Small" Employers
December 2010
IN THIS ISSUE: TOP EMPLOYMENT ISSUES FACING DEALERSHIPS IN 2011
December 2010
IN THIS ISSUE: Violations of the "Anti-Telemarketing" Law l Vague or Uncertain Responses From Your Insurance Company - What Do You Do? l Personal Guarantee Insurance
Fall 2010
IN THIS ISSUE: What You Need To Know - Pennsylvania Construction Workplace
November 2010
IN THIS ISSUE: OFCCP Jurisdiction Extended To More Hospitals and Health Care Providers
November 2010
IN THIS ISSUE: Service Animals in Schools – A New Federal Rule l Wrongful Graduation: What Are The Factors? l For the Business Manager: Post-Issuance Compliance: How to Live with a Bond Issue
November 2010
Supreme Court issues decision regarding search of employee text messages
Fall 2010
IN THIS ISSUE: What You Need To Know - Recent Revisions To The AIA Bond Forms
October 2010
IN THIS ISSUE: Reducing Accident Liability Has A Lot To Do With Your Policies
Fall 2010
IN THIS ISSUE: What Is Happening With The Federal Estate Tax? l Estate Planning and Marcellus Shale l Using IRA Proceeds to Invest in Real Estate and Other Alternative Investment Vehicles l Tax Credit Could Help Bottom Line of "Small" Employers
September 2010
IN THIS ISSUE: When Do Electricity Generation Activities Qualify as “Manufacturing” for PA Sales and Use Tax Purposes? l State & Local Tax Seminars - You’re invited! l PA Reinstates Voluntary Compliance Program l Jim Fritz Selected for Inclusion in “The Best Lawyers in America” l Commonwealth Court Addresses Calculation of Insurance Company Retaliatory Charges l Natural Gas Severance Tax Proposals
September 2010
IN THIS ISSUE: The Internet - The Next Frontier For The ADA: Will Your Website Comply?
September 2010
Communicating Eligibility Decisions: Simplicity Sometimes Hurts the School District
Fall 2010
IN THIS ISSUE: How Much Liability Insurance is Right For Your Trucking Fleet? l Premium Savings Now, Can Cost You Later
July 2010
IN THIS ISSUE: Appeal Deadlines on Horizon for Pennsylvania Property Owners l Pennsylvania Supreme Court Upholds Tax on Canned Computer Software
July 2010
IN THIS ISSUE: Pennsylvania’s Transportation Infrastructure – Will We All Pay?
July 2010
Final Day to Advance Register .co Domain Names
July 2010
IN THIS ISSUE: PA Adopts “No Ta x Increase” Budget for 2010-11 l PA Tax Amnesty Exceeds Target by $71 Million l PA Announces Amnesty Program for Unclaimed Property l Property Tax Update: Real Estate Appeal Deadlines Approaching l Letter Ruling Impacts Highway Construction Industry l IFTA Compliance Tips l PA Notes
July 2010
IN THIS ISSUE: The Gulf Oil Spill: Will Insurance Cover Your Business’s Lost Income in Pennsylvania?
l Getting the Run Around on Your Insurance Claim?
July 2010
IN THIS ISSUE: Supreme Court Rules Software and Business Methods Can Still Be Patented l ICANN Releases New Top-Level Domains for the United Arab Emirates, Saudi Arabia, Egypt and Russian Federation
Spring 2010
IN THIS ISSUE: WHAT’S NEW IN THE PENNSYLVANIA APPELLATE COURTS? l SOME LESSONS FROM APPELLATE ARGUMENT
June 2010
IN THIS ISSUE: Two Weeks Left - PA Tax Amnesty Not Just for Non-filers
May 28, 2010
May 28, 2010
Spring 2010
IN THIS ISSUE: Function Follows Form - Enforcement of Restrictive Covenants After Company Acquisition May Hinge on Structure of the Deal
l Federal Circuit Holds USPTO Miscalculating Patent Term Adjustments l BIG 12 EXPANSION (Of Its Trademark Portfolio) l Federal Circuit Issues Ruling on Damages for False Marking l Speaking Engagements
May 2010
GREENHOUSE GAS ALERT
2010
What Governmental Issuers and 501(c)(3) borrowers Need To Know
Spring 2010
IN THIS ISSUE: FTC To Begin Red Flags Rule Enforcement l Helping Employees Without Hurting Your Business: Legal Considerations in Making Employee Loans l More than Good Manners – Personal Goodwill May Reduce Taxes
May 2010
IN THIS ISSUE: PA Launches Tax Amnesty l Philadelphia Amnesty Begins May 3rd l Administrative Service Fee Not Taxable Help Supply Service l PA Budget Inching Forward l Real Estate Assessment Deadlines Approaching l Township “Flat Tax” on Business Upheld l Allegheny County Countywide Reassessment Plan Adopted l PA Fuel Tax increase Looming? l Pennsylvania Supreme Court Rules that Electricity Distribution, Transmission and Transition Charge l PA Notes
May 2010
IN THIS ISSUE: Notice and Consent When Parents Have Joint Custody l Areas of Suspected Disability: The Starting Place for a Special Education Evaluation l What We Say To Parents about Behavior Plans and FBAs
April 2010
IN THIS ISSUE: How To Resolve A Claim Of An Injury To A Minor l The Adverse Inference Jury Instruction l Family Law Alert
2010
April 2010
IN THIS ISSUE: Unclaimed Property Reporting - Are You In Compliance?
April 2010
IN THIS ISSUE: Customer Convenience Can Cut Into Compliance l Important Tax Alert
March 2010
IN THIS ISSUE: Distraction
February 2010
February 2010
IN THIS ISSUE: Be Certain Your Communications Remain Confidential l When Can You Seek Divorce Because of "Fault"? l Important Tax Alert
Winter 2010
IN THIS ISSUE: Federal Estate Tax Repeal? l Expanded Planning Opportunities for Roth IRAs l Out with the Old … In with the New l 2009 Deduction for Haitian Earthquake Relief Donation
January 2010
Federal Texting Ban
January 2010
December 2009
IN THIS ISSUE: NEW! COBRA Subsidy Extended
December 2009
IN THIS ISSUE: U.S. Supreme Court Hears Arguments l BOSE Makes Waves In Trademark Fraud l Trademarks and the French Language Issue In Quebec l The Internet Has Been Internationalized
December 2009
IN THIS ISSUE: There's No Place Like Home
November 2009
IN THIS ISSUE: Greenhouse Gases to be Made Part of Federal and Sate Air Emissions Permitting Process for New and Modified Sources
November 2009
Revised FTC Guides Change Advertising Landscape
November 2009
Promote Your Contest or Sweepstakes via Facebook
November 2009
IN THIS ISSUE: Obtaining Counsel Fees For Defending An Appeal l Should An Appellee File A Conditional Cross-Appeal To Preserve An Issue? l One Hour Legal Seminar Available Upon Request
Fall 2009
IN THIS ISSUE: Limited-Purpose Reevaluations: How To Communicate About Them To Parents l Stay Put Where? Questions Still Arise Under "Pendency" Provision
October 2009
IN THIS ISSUE: 2009 - 2010 PA Budget - PA Businesses Bear Tax Burden for Recession-Based Revenue Shortfalls l Tax Amnesty Planned for 2010 l Revenue Department Fares Well in Competition for State Funds l Pennsylvania Tax Litigation Update l Judicial and Legislative Branches at Odds Over Real Estate Assessments
October 2009
IN THIS ISSUE: Gaps In Your Insurance Coverage - You May Not Even Realize They Exist l Long Term Care Insurance and the Protections Available
Fall 2009
IN THIS ISSUE: The New Rule On Inadvertent Disclosure of Privileged Information l Pennsylvania Courts Limit When A Property May Be Deemed "Blighted"
October 12, 2009
Fall 2009
IN THIS ISSUE: HIPAA'S Resurgence Under the Stimulus Bill I 2009 Estate Planning Highlights I Expiration of Pennsylvania Electricity Rate Caps
October 2009
IN THIS ISSUE: Has Your Business Had Its Checkup? Legal Considerations Concerning a Potential H1N1 Flu Pandemic I Employers may be Liable for the Hiring Decisions of Independent Contractors
October 2009
IN THIS ISSUE: Vehicle Manufacturer Bankruptcies and Return of Power to PA's Franchise Law
September 2009
IN THIS ISSUE: Who Owns a Joint Account? l Estate Planning Opportunities in a Low Interest Rate Environment l 2009 Estate Planning Highlights
Summer 2009
IN THIS ISSUE: Special Education Complaint Investigation Reports: PDE Explains That They Are Not Such A Big Deal | "Stay-put" and Mediation: Options, Strategy, and Timelines
August 2009
IN THIS ISSUE: State Budget 30+ Days Past Due | Appeal Deadlines Loom For PA | Philadelphia tax Increase Anticipated I PA Tax Notes I Leased Medical Scanning System on Leased Premises Considered "Real Estate" for PA Sales Tax Purposes l Save the Dates
July 30, 2009
Medical Scanning Systems Ruled "Real Estate" for PA Sales Tax Purposes – Realty v. Personality Test Clarified
Summer 2009
IN THIS ISSUE: Commonwealth v. Gravel, Rule 1925(b) Extensions, and Incomplete Records l Certification of State Law Issues From Federal Courts in Pennsylvania to the Pennsylvania Supreme Court
July 15, 2009
Pennsylvania Real Estate Owners Face Impending Deadlines
July 2009
IN THIS ISSUE: "Reverse Discrimination" Against Firefighters
Summer 2009
IN THIS ISSUE: Negotiating With Your Lender | Accessing Cash in a Tight Credit Market: Regulation D Offerings | MWN Welcomes Attorneys Brad Gunnison and Mike Hund
June 25, 2009
June 2009
IN THIS ISSUE: PA Budget Action Heating Up - Tax Increases Likely | From the Real Estate Desk: Pennsylvania Supreme Court Finds Allegheny County's Base Year Tax Assessment Scheme Unconstitutional | More Than a Decade After the Passage of Act 55, Traps for the Unwary Remain in Complying With Pennsylvania Charitable Exemption Laws | PA Tax Notes
June 2009
IN THIS ISSUE: A Little Effort Could Mean Big Savings in Your Workers' Compensation Premiums | When Your Liability and Excess Insurers Fight, You May Be the Big Loser
June 2009
IN THIS ISSUE: Don't Worry, They Have To Return It...Or Do They?
June 2009
Not Sure What "Initial" Means? OSEP Explains
Thursday, June 11, 2009
Immediate Action Required to Protect Trademarks and Company Names From Appropriation on Facebook
May 1, 2009
May 2009
IN THIS ISSUE: Has The Old (or new) CAN-Spam Act De-cluttered Your In-box? | Patent Law: Marking Time | Announcements and Presentations | Prosecution of Export Control Violations on the Rise
April 2009
IN THIS ISSUE: 2009 Recovery Act Provides Short-Term Tax Breaks | Examining Possible Amendments to the Federal Estate Tax Law | MWN Welcomes Attorneys Brad Gunnison and Mike Hund | Estate Planning in a Time of Uncertainty
April 2009
ESL Services on IEPs
April 2009
IN THIS ISSUE: Dealers Should Take Advantage of Estate Planning Opportunities in a Down Economy
April 2009
IN THIS ISSUE: March PA Tax Collections "Only" 7.9% Short | Ambiguities In The Taxation of Items Affixed to Real Property | From the Real Estate Desk: Stop Paying Too Much Property Tax! | Impact of Tax Credits to be Studied | PA SALT Notes
April 2009
IN THIS ISSUE: Subrogation - Few Understand It, But It Can Really Impact Your Insurance Claim | Taxation of Captive Insurance Companies | Is That Covered? What is "Bad Faith" Conduct By An Insurer?
March 2009
In This Issue: Tax Increases, Federal Stimulus & Program Cuts Key to 2009-10 PA Budget | Governor Proposes Video Poker Tax for Tuition Relief | Window of Opportunity Closing for PA Sales Tax Refunds on Computer Software | Bank Shares Tax Challenge Rejected | Educational Improvement Tax Credit Pass-thru | Department of Revenue Beginning New Phase of Use Tax Voluntary Compliance Initiative | Tax on Leases Violated Local Tax Enabling Act | Businesses Added to Delinquent List | SALT Notes
February 2009
February 2, 2009
February 2009
IN THIS ISSUE : Insurance, Business and the Hidden Conflicts Between Them | Insurance Forms - Does One Size Really Fit All?
January 2009
IN THIS ISSUE: The "Employee Free Choice Act:" What Dealers Need to Know and What They Should Be Doing Now | MWN Names Stephen Moore Chair of Automotive Dealership Law Group
January 2009
IN THIS ISSUE: Residential Design Copyright Infringement: A New Cottage Industry? | ICANN's Release of New Top Level Domains May Significantly Affect Trademark Owners | Announcements, Honors and Presentations
January 2009
Amendments to ADA Affect Students, Schools, and Section 504
January 2009
IN THIS ISSUE: Tax Law Update after the Financial Bailout | Donor Advised Funds | Government Cracking Down on Offshore Tax Havens | PA Extends Educational Improvement Tax Credit to Pass-through Entities | What's New for 2009: Tax Law Changes take Effect
December 2008
IN THIS ISSUE: Appellate Rule Amendment: Statement of Questions Involved | Land Use Appeal Bonds: Swords And Shields for Landowners
December 2008
CHANGES IN FEDERAL I.D.E.A. REGULATIONS (including parental revocation of consent)
December 2008
IN THIS ISSUE: PA Supreme Court Hears Argument on "Taxation of Computer Software" Appeal | Commonwealth Court to Rule on Application of PA Sales Tax to Installed MRIs | Taxation of Electricity Transition, Distribution & Transmission Charges Briefed | Pennsylvania Revenue Slide Continues | Stetler Succeeds Wolf as PA Secretary of Revenue | Recent PA Sales and Use Tax Rulings | Jim Fritz Selected for Inclusion in “The Best Lawyers in America”
November 2008
IN THIS ISSUE: Sales Tax Seminar: You're Invited | PA Tax Tips for Troubled Times | Varner to Speak at Maryland Tax Seminar | PA Supreme Court Requests Argument in Taxation of Computer Software Appeal | General Assembly Rejects Residential lease Tax; Makes Other Local Tax Changes | Pa Revenue Shortfall Accelerates | Recent PA Revenue Dept. Letter Rulings
November 2008
IN THIS ISSUE: Ripple Effects of a Crashing Wave
October 2008
IN THIS ISSUE: Good News for Bad Trusts. Is Your Irrevocable Trust Really Irrevocable? Not So Much | Charitable Contribution Substantiation Requirements | Saving for College with 529 Plans
October 2008
IN THIS ISSUE: Estimation Provisions of PA Unclaimed Property Law Can Result in Substantial Audit Liabilities; Appeal Procedures Unclear
September 2008
IN THIS ISSUE: "Grat" Option May Minimize Tax Consequences on Next Generation Owners
July 2008
IN THIS ISSUE: GRAT Expectations |Tax Policies of the Presidential Candidates| Divorce: Another Reason to Visit your Estate Planning Attorney | MWN Asset Planning and Federal Taxation Group Welcomes Two Paralegals
October 2008
July 2008
IN THIS ISSUE: Failure To Maintain Proper Fuel Tax Records |PA Capital Stock & Franchise Tax Phase-out | PA Supreme Court to Review Canned Software Tax | Stock Options Exercised by Non-Resident after Retirement not Subject to Earned Income Tax | Supreme Court Affirms Apportionment Procedure for Transportation Companies | Interest and Penalties on Business Privilege Tax Liabilities Barred | Department of Revenue Interpretation of Appeal Procedures
April 2008
IN THIS ISSUE: The Economic Stimulus Act of 2008 – What Does it Mean for Individual Taxpayers?| Beneficiary Distributions from Retirement Accounts | You've Been Named Executor: Now what? |McNees Wallace & Nurick LLC adds Chesters & Miller Attorneys
February 2008
IN THIS ISSUE: FMLA Leave Rights Expanded
February 2008
IN THIS ISSUE:"UECA" Requires Certain Environmental Conditions To Be Memorialized In A Recorded Environmental Covenant and DEP Registry
January 2008
IN THIS ISSUE: Surprises Lurk: Beware of PA Appeals Process Changes Effective January 1st | "Base of Operations" Requirement Eliminated for Business Privilege Taxes on Local Activities | Department of Revenue Updates on Realty Transfer Tax Regulations
January 2008
IN THIS ISSUE: NLRB Limits Right to Use Company E-Mail for Union Organizing
December 2007
IN THIS ISSUE: New Chemical-Specific Anti-Terrorism Reporting Requirement: January 19, 2008 Deadline Established by The Department of Homeland Security
December 2007
IN THIS ISSUE: New Pennsylvania Storage Tank Regulations
November 2007
IN THIS ISSUE: Single-Member LLCs and 1031 Exchanges - a Perfect Combination? | Nothing Ventured, Nothing Gained - But No Loss Either! | Year-End Tax Planning | Bauccio Joins the Firm
November 2007
IN THIS ISSUE: Revised Form I-9 Finally Released
September 2007
IN THIS ISSUE: Federal Judge Puts Halt To New Rule On Social Security No-Match Letters
August 2007
IN THIS ISSUE: The Cost of a Patent (Part II of Two) |E-Mail Encryption Under HIPAA |Recent Presentations and Events
April 2007
IN THIS ISSUE: The Cost of a Patent| Domain Name Disputes? We Can Help.| Idea Submission Claims| Recent Presentations and Events | News of Interest
January 2007
IN THIS ISSUE: Supreme Court Axes Coverage for Negligent Workmanship | Commercial Property Owners: Your Big Risk May Be In Your Coverage | Insurance Coverage For Catastrophes | Unsure if Your Business has the Coverage it Needs?