Leech Tishman

Recent Posts

By: Gabriel G. Tsui, Esq. U.S. citizens who owe taxes to the Internal Revenue Service may soon find themselves subject to travel restrictions.  In December of 2015, Section 7345 was added to the Internal Revenue Code.  This provision authorizes the IRS to certify to the U.S. State Department that a taxpayer has “seriously delinquent tax debt,” and forthwith permits the State Department to revoke or limit the issuance of a passport to such …Read More

Adoption of the Uniform Limited Liability Company Act (the “New Act”)[1] Transferable Interests and Charging Orders By: Frederick C. Leech, Esq. This Practice Alert is the second in a series of Practice Alerts. In the first Alert, the New Act was labeled as Pennsylvania’s “second generation” limited liability statute. The first Alert described the principal differences in statutory approach between the New Act and the Pennsylvania’s…Read More

By: Frederick C. Leech, Esq. The Pennsylvania limited liability company law has been revamped as new Chapter 88 of Title 15 of the Pennsylvania Consolidated Statutes (the “New Act”).[1] The New Act is entitled the “Pennsylvania Uniform Limited Liability Company Act of 2016.” The New Act became effective on February 21, 2017, and it will govern all Pennsylvania limited liability companies – whenever formed – from and after April 1,…Read More

By Sharon Barney, Esq. On January 27, 2017, President Trump signed an additional Executive Order related to immigration law, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“Executive Order”). This is the third Executive Order related to immigration law and policy that President Trump has signed in his first week in office. The first Executive Order, “Border Security and Immigration Enforcement Impr…Read More

By Sharon Barney, Esq. On January 25, 2017, President Trump signed two Executive Orders related to immigration law and policy. Border Security Executive Order The first Executive Order, entitled “Border Security and Immigration Enforcement Improvements” (“Border Security Executive Order”), clarified the policies of the Executive Branch regarding security along the southern border of the United States. It specifically directs the new Depar…Read More

By: Daniel R. Flynn, Esq. On Friday, January 20, 2017, White House Chief of Staff Reince Priebus issued a Memorandum for the Heads of Executive Departments and Agencies (“Regulatory Freeze Memo”) that directed agencies to impose a freeze on all new or pending regulations “[i]n order to ensure that the President's appointees or designees have the opportunity to review any new or pending regulations.” The Regulatory Freeze Memo instructs ag…Read More

One of the primary roles of criminal defense counsel is to assess risk. Among other things, they rely on understanding of the law, knowledge of prosecuting and investigating agencies, relationships with those offices, experience representing similarly-situated individuals or corporations, and familiarity with judges and the types of sentences they are likely to impose. It is likely the most critical and most stressful service provided to clients.…Read More

By: Laura E. Mullen The U.S. Equal Employment Opportunity Commission (EEOC) has released Proposed Enforcement Guidance on Unlawful Harassment for public comment. The proposed guidance explains the legal standards applicable to harassment claims under federal employment discrimination laws, providing clarity where courts have not consistently applied the laws. The proposed guidance addresses harassment claims based on race, color, religion, sex, n…Read More

By: Brent Kirwan, Esq. Pursuant to IRS Notice 2017-08, the IRS has extended the deadline until May 1, 2017 for participants in and material advisors of certain micro-captive insurance transactions. Taxpayers engaged in micro-captive insurance transactions described under IRS Notice 2016-66 and their material advisors were initially required to disclose such transactions prior to January 31, 2017. Participants are required to file Form 8886, Repor…Read More

By: Heather S. Heidelbaugh, Esq. and Sally Griffith Cimini, Esq. On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law Senate Bill 1265 (the “Bill”), confirming that Pennsylvania employers may legally pay their employees’ wages via payroll debit card and providing additional protections to employees who elect to receive their wages in that manner. The Bill takes effect in May 2017. The Bill resolves the uncertainty surrounding…Read More

By: Heather S. Heidelbaugh, Esq. On October 18, 2016, The Pittsburgh City Council passed Ordinance Number 2016-0829 (the “Ordinance”), which adds to the Pittsburgh Code of Ordinances a new article and chapter entitled “Article II: Sustainability, Chapter 626: Building Benchmarking.” The Ordinance requires owners of "Covered Buildings" and "City Facilities" to submit to the City of Pittsburgh and its Department of Innovation and Performanc…Read More

By: Kenneth C. Foltz, Sr., Esq. Pennsylvania Secretary of Health Dr. Karen Murphy announced today that applications for medical marijuana grower/processors and dispensaries will be available January 17, 2017. The permit applications will be accepted from February 20, 2017 until March 20, 2017. Information related to the requirements for each class of license is available at www.health.pa.gov. Secretary Murphy stated, “In the first phase of the…Read More

By:  Alisa N. Carr, Esq. While public accommodations await the Department of Justice’s (“DOJ”) publication of technical standards for website accessibility, in November 2013, the U.S. Department of Transportation (“DOT”) adopted a Final Rule that requires the websites of U.S. and foreign air carriers, which market air transportation to the general public in the United States, to conform to WCAG 2.0, Level AA success criteria. Entitled …Read More

By: Daniel R. Flynn, Esq. On Thursday, December 1, 2016, OSHA will begin enforcing the anti-retaliation portions of its injury and illness tracking rule. Case Update Originally scheduled to take effect on August 10, 2016, OSHA delayed enforcement of the new rule until November 1, 2016, and then again until December 1, 2016, at the request of Judge Lindsay of the Northern District of Texas “to allow additional time to consider a motion pending b…Read More

Texas Judge Blocks Department of Labor’s Overtime Rule from Taking Effect on December 1, 2016 By Lisa M. Schonbeck, Esq. On Tuesday, November 22, 2016, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas entered a preliminary injunction barring the U.S. Department of Labor (“DOL”) from implementing its Final Rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sa…Read More

By: Daniel R. Flynn, Esq. Assistant Secretary Dr. David Michaels and the Occupational Safety and Health Administration (“OSHA”) continue to push their rulemaking agenda in the lame-duck period of President Obama's administration. Yesterday, November 17, 2016, OSHA issued the final rule to update its general industry Walking-Working Surfaces and Fall Protection standards. According to OSHA’s national news release, the rule "will affect appro…Read More

By:  Alisa N. Carr, Esq. On November 3, 2016, United States District Judge Mark G. Matroianni (D. Mass.) entered an Order denying Motions filed by Harvard University (“Harvard”) and the Massachusetts Institute of Technology (“MIT”) to dismiss or stay ADA Website Accessibility litigation filed by the National Association of the Deaf (“NAD”) against the schools for the alleged inaccessibility of their respective websites. See National…Read More

Many of us in white collar practice find ourselves involved in internal investigations – either because we conduct them as part of our practice; we represent corporate clients and assist them by selecting independent counsel; we represent individuals during an ongoing internal investigation; or we represent individuals in criminal investigations while internal investigations are ongoing. Last week’s fining of Penn State University for violati…Read More

By Zachary J. Mastren, Esq. Discussions of corporate ethics violations and criminal investigations invariably bring to mind companies like Enron, Tyco, AIG, and Arthur Andersen.  Corporations that engage in criminal or unethical behavior face crippling fines and other court-imposed sanctions that translate to losses for shareholders, result in lost jobs, and even lead to bankruptcy. Occasionally, corporations are able to pursue pre-trial diversi…Read More

Just in time for Monday Night Football, this article brings tales of beer, bribes and illicit text messages. On Friday, October 21, a North Carolina Superior Court Judge was found guilty of three corruption charges for bribing an officer working with the FBI. The caper started last Fall when, suspecting his new wife was having an affair, the Judge sought access to his wife’s text messages. Ordinarily, cell phone carriers will not provide the co…Read More

By: Daniel R. Flynn, Esq. Yesterday, OSHA announced that it will once again postpone enforcement of the anti retaliation provisions of its injury and illness tracking rule. OSHA has extended the stay on enforcement at the request of Judge Lindsay of the Northern District of Texas “to allow additional time to consider a motion pending before the court in a case challenging the new provisions.” TEXO ABC/AGC, Inc. v. Perez, No. 3:16-CV-1998 (N.…Read More

This week the 18th defendant in the FIFA Corruption Case pleaded guilty to racketeering conspiracy, wire fraud and wire fraud conspiracy. Eduardo Li, the former president of Costa Rica’s soccer association, faces up to 60 years in prison for accepting hundreds of thousands of dollars in bribes in connection with awarding media and marketing contracts for soccer matches. Much of the conduct outlined in the criminal schemes had long been a part o…Read More

By Daniel R. Flynn, Esq. OSHA originally enacted its standard addressing the control of hazardous energy, commonly known as lockout/tagout (“LOTO”), in 1989.  In its preamble to the standard, OSHA clarified that the standard would only apply to “the unexpected activation of the equipment or to the unexpected release of the energy stored in the equipment.”1   The standard itself states that its requirements only apply where “servicing…Read More

By: Shana M. Smith, Esq. On September 15, 2016, the Supreme Court of Ohio issued opinions on three cases addressing the Ohio Dormant Mineral Act, O.R.C. 5301.56 (“ODMA”) and subsequently applied the decisions to dispense with ten additional cases. Of particular importance is the Court’s ruling in Corban v. Chesapeake Exploration, L.L.C., Slip Opinion No. 2016-Ohio-5796, that the 1989 version of the ODMA was not self-executing. Corban v. Che…Read More

On June 27, 2016, the United States Supreme Court, by unanimous decision, vacated the convictions of Virginia Governor Robert McDonnell and his wife, Maureen McDonnell. The decision provides important lessons and guidance for public corruption investigations and prosecutions. This update provides a summary of the case and identifies its important holdings. Summary On September 4, 2014, former Virginia Governor Robert McDonnell and his wife, Maure…Read More

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