Tucker Arensberg PC

Tucker Arensberg PC

When businesses think of their ideal relationship with a law firm, they generally say they want and need a firm that understands their business, uses the law as a way to make them more successful, treats them as though their business is important, keeps them out of trouble, and defends them when problems arise. Our clients say that’s the kind of firm we are. We understand business issues because, while we practice law, we also run a business. We make the same hard choices our clients make every day . We know that operating expenses, including legal services, must be cost-effective and provide significant value to a company. That’s why we’ve chosen to maintain our firm at a size that allows us to keep overhead low while continuing to provide the highest quality legal help and a broad range of legal experience.

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“Can I Charge Fees for That?” FAQs Regarding Permissible Fees under the RTKL | JD Supra

jdsupra.com RTKL (Sections 701, 705, 901 1307 of the RTKL) – Responding to a RTKL Request. One of the most confusing issues an Open Records Officer...

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Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest | JD Supra

jdsupra.com Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary...

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Requests Must Seek Records, Not Ask Questions (Section 703) – Insufficiently Specific Requests – Denying Requests | JD Supra

jdsupra.com Earlier posts have discussed whether the requester has submitted a valid request that: 1) uses the proper form; 2) is properly addressed to and has...

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Key 2019 Estate Trust and Medicaid Long Term Care Planning Figures | JD Supra

jdsupra.com 2019 Key Pennsylvania Figures - Pennsylvania Inheritance Tax Rates: Transfers between spouses - 0% (jointly held property...

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Tucker Arensberg, P.C.’s Comprehensive Estate Planning Checklist | JD Supra

jdsupra.com Do You Know Your Assets? Have you identified and valued your assets? If not, consider: ..Do you own any...

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Pennsylvania Superior Court Finds Contractual No-Hire Agreements Between Businesses Void Against Public Policy | JD Supra

jdsupra.com The hiring of your key employees by another business that you have a relationship with — either individually or en masse — can be devastating. It is...

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Emails can be “Records” of the Agency under the RTKL – (Section 701) – Types of Records | JD Supra

jdsupra.com As previously discussed, records in possession of a local agency are presumed public unless they are exempt under or protected by: 1) the RTKL...

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Copyright Registration is Now More Important Than Ever! | JD Supra

jdsupra.com The Supreme Court of the United States unanimously decided an important copyright law issue previously dividing U.S. Circuit Courts for many years. In...

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Copyright Registration is Now More Important Than Ever! | Tucker Arensberg, P.C.

Supreme Court confirms that a copyright registration must be issued before filing a copyright infringement lawsuit https://bit.ly/2TFg4LH #copyright

tuckerlaw.com The Supreme Court of the United States unanimously decided an important copyright law issue previously dividing U.S. Circuit Courts for many years. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court held that in order to maintain a copyright infringement lawsuit, a plai...

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Mooting a Circuit Split | JD Supra

jdsupra.com A case of interest to those who sell or purchase property in bankruptcy was handed down a few days ago.  In Trinity 83 Development LLC v. ColFin...

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Updated Procedural History of UPMC – Highmark Litigation | JD Supra

jdsupra.com Below is a summary of UPMC-Highmark dispute as of March 4, 2019. This information is limited to litigation proceedings with no discussion about prior...

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New Rollover Rules For Participant Loans Can Help With Corporate Transactions | JD Supra

jdsupra.com When a company is sold and its retirement plan is terminated, an employee with an outstanding participant loan under the plan may have a problem. If...

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2017 Amendment Brings Relation-Back Doctrine to State Court | JD Supra

jdsupra.com Pennsylvania Rule of Civil Procedure 1033 was amended in 2017 to allow for the addition of a new party after the expiration of the statute of...

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Procedural History of UPMC – Highmark Litigation | JD Supra

jdsupra.com Below is a summary of UPMC-Highmark dispute as of February 22, 2019. This information is limited to litigation proceedings with no discussion about...

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Redacting Legal Invoices – The Attorney-Client Privilege and Attorney-Work Product Doctrine (Section 305) – Privileged Records | JD Supra

jdsupra.com Earlier posts have discussed whether the requester has submitted a valid request that: 1) uses the proper form; 2) is properly addressed to and has...

jdsupra.com

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case | JD Supra

jdsupra.com No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults...

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United States Supreme Court Confirms the “On Sale” Bar Is Triggered Even If a Sale or Offer for Sale Does Not Make the Invention Publically Available | JD Supra

jdsupra.com Helsinn Healthcare (“Helsinn”) is the maker of certain treatments for chemotherapy-induced nausea (the “Palonosetron Products”). During the...

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Agencies Are Not Required to Perform Legal Research or Make Judgments (Section 703) – Insufficiently Specific Requests – Denying Requests | JD Supra

jdsupra.com As previously discussed, Section 703 of the RTKL requires that requests be sufficiently specific so that the agency can ascertain what records are...

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The 5-Business Day Response Period Begins when the Agency’s Open Records Officer Receives the Request (Section 703 of the RTKL) | JD Supra

jdsupra.com Previously, we discussed that, to be valid, a RTKL Request must be “generally” addressed to the agency’s open records officer. In addition, we’ve...

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New Hardship Withdrawal Rules for 401(k) and 403(b) Plans | JD Supra

jdsupra.com On November 14, 2018, the IRS issued proposed regulations about the new hardship withdrawal rules that generally became effective January 1, 2019. The...

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Failure to Address the Request to the Open Records Officer (Section 703 of the RTKL) – Invalid Requests | JD Supra

jdsupra.com While Section 703 of the Right to Know Law (“RTKL”) authorizes a requester to submit a request in person, by mail, by e-mail or facsimile, the...

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Failure to Use the Proper RTKL Request Form (Section 703 of the RTKL) – The Open Record Officers’ Guide to the Pennsylvania RTKL – Denying Requests | JD Supra

jdsupra.com The RTKL provides that a requester may submit a request in person, by mail, by e-mail or facsimile. 65 P.S. § 67.703. While the RTKL does not require...

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IRS and SSA Announce 2019 Indexed Numbers For Employee Benefits Plans | JD Supra

jdsupra.com This alert shows the new IRS and SSA 2019 Indexed Numbers For Employee Benefits Plans.

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

jdsupra.com On Wednesday, January 23, 2019, the Supreme Court of Pennsylvania rejected a “qualified” attorney-client privilege that would have changed the law in...

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Parent’s Legal Ownership of Residence Defeats Claim of Homeless Status | JD Supra

jdsupra.com D.C. ex rel. C.C. and M.C. vs. Wallingford-Swarthmore School District, 2018 WL 3968866 (E.D. Pa. August 18, 2018) (Federal district court concludes...

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New Obligations in Buyers’ Due Diligence: Helpful Change or Loss of Autonomy? | JD Supra

jdsupra.com The Pennsylvania Association of Realtors® (PAR) Standard Agreement for the Sale of Real Estate (Agreement of Sale) is probably the most frequently and...

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The Open Record Officers’ Guide to the Pennsylvania RTKL: Police Audio and Video Recordings (Act 22 of 2017) | JD Supra

jdsupra.com The Open Record Officers’ Guide to the Pennsylvania RTKL - Types of Records - Section 3 of Act 22 of 2017, 42 Pa.C.S. §§ 67A01-67A09,...

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IRS Relief for the Under-Withheld | JD Supra

jdsupra.com For some taxpayers who miscalculated their withholding and/or estimated tax payments for 2018, the IRS is providing some relief. The new waiver...

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Insufficiently Specific Requests (Section 703 the RTKL) – The Open Record Officers’ Guide to the Pennsylvania RTKL: Responding to a RTKL Request | JD Supra

jdsupra.com As I discussed last week, when an Open Records Officer receives a RTKL Request, his or her first duty is to determine if the agency (including its...

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Review of Export Control Issues is Necessary Due Diligence | JD Supra

jdsupra.com Successful mergers and acquisitions require a substantial amount of due diligence. Before committing to the transaction, the buyer needs to understand...

jdsupra.com

PA Dept of Labor & Industry’s Bidding Thresholds Increase For Municipality Bidding | JD Supra

jdsupra.com The Pennsylvania Department of Labor & Industry’s municipal authority and municipality bidding thresholds will rise 2.3 percent in 2019. ...

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The Open Record Officers’ Guide to the Pennsylvania RTKL: Responding to a RTKL Request – Duties and Deadlines | JD Supra

jdsupra.com The objective of the Right to Know Law (“RTKL”) is to empower citizens by affording them access to information concerning the activities of their...

jdsupra.com

CMS Issues Hospital Price Transparency Rules | JD Supra

jdsupra.com As part of the 2019 Medicare annual inpatient prospective payment system (PPS) fee schedule update, CMS has added a “rule” requiring hospitals to...

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WDPA Bankruptcy Court Revamps Procedures to Accommodate Complex Large Chapter 11 Cases | JD Supra

jdsupra.com On October 15, 2018, the U.S. Bankruptcy Court for the Western District of Pennsylvania (“WDPA”) entered a Standing Order implementing complex Chapter...

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Pennsylvania Superior Court Deals a Rare Win to Nursing Homes | JD Supra

jdsupra.com On January 4, 2019, a three-judge panel of the Pennsylvania Superior Court issued a non-precedential opinion finding that a Fayette County trial court...

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Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX | JD Supra

jdsupra.com Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling...

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The Federal Government Shutdown: What is the Impact for the Alcohol Industry? | JD Supra

jdsupra.com We are once again in the midst of a government shutdown. As you may recall, in January of this year we had a short government shutdown, and it...

jdsupra.com

Buyers (Really Need To) Beware! | JD Supra

jdsupra.com The Pennsylvania Association of Realtors (“PAR”) Standard Agreement for the Sale of Real Estate (“Agreement of Sale”) is probably the most widely used...

jdsupra.com

Taxes and Tabs – A New Line on Your Brewery Tab May Be on the Horizon | JD Supra

jdsupra.com One way to know your industry is doing well is when you see the government taking a closer look at how your industry is taxed and how it can expand...

jdsupra.com

Taxes and Tabs – A New Line on Your Brewery Tab May Be on the Horizon | JD Supra

jdsupra.com One way to know your industry is doing well is when you see the government taking a closer look at how your industry is taxed and how it can expand...

jdsupra.com

Colorado Hospital Pays $111,400 HIPAA Settlement For Failing To Stop Former Employee From Having Access To Patient Protected Health Information | JD Supra

jdsupra.com The U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) just announced an $111,400 settlement and substantial corrective...

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IRS Issues Proposed Temporary Clawback Regulations | JD Supra

jdsupra.com IRS Issues Proposed Temporary Clawback Regulations: Large gifts made under Tax Cut and Jobs Act won’t be clawed back when increased exclusions...

jdsupra.com

Our “Common Enemy”: Where to Turn After Flooding Or Water Damage | JD Supra

jdsupra.com While California continues to be ravaged by wildfires in recent weeks, Western Pennsylvania residents have been dealing with the opposite problem over...

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2018 National Practitioner Data Bank Guidebook | JD Supra

jdsupra.com In October 2018, the National Practitioner Data Bank (NPDB) published the third edition of the NPDB Guidebook. NPDB publishes monthly...

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New Federal Kick-Back Laws Regarding Opioid Treatment | JD Supra

jdsupra.com “Eliminating Kick-Backs and Recovery Act of 2018” (EKRA) is a part of a group of laws recently passed by Congress to expand the law enforcement...

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