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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Alfred A. Gollatz

Employment Law

December 18, 2015 by Hoppel Design

Employment Law

Employment law is one of the most complex and heavily regulated areas of legal practice. At MacElree Harvey, our employment lawyers bring over a century of combined experience to help clients, both employers and employees, navigate virtually every aspect of the workplace relationship. 

Unlike many law firms, we do not limit our practice to one side. We represent management, business owners, executives, employees, and independent contractors alike. Our loyalty is to our clients, not to an ideology. 

Areas of Employment Law We Handle 

Employment Discrimination

We represent clients in cases involving discrimination based on race, gender, pregnancy, religion, age, disability, sexual orientation, national origin, or genetic information, under both federal and state law.

Workplace Harassment

We advise and represent clients in claims involving sexual harassment, hostile work environments, and other workplace harassment issues. We also counsel employers on compliance with harassment laws to prevent claims before they arise.

Whistleblower & Retaliation Claims

Our attorneys protect employees who report unlawful conduct and defend employers against unfounded retaliation claims.

Wage & Hour Disputes

We handle disputes involving unpaid wages, overtime pay, employee misclassification, and improper wage deductions under the Fair Labor Standards Act (FLSA) and Pennsylvania labor statutes.

Leave of Absence Issues

We assist with compliance and claims under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and related medical or personal leave laws.

Employment Contracts

We draft, review, and negotiate contracts for executives, managers, and employees. We also represent clients in breach-of-contract disputes through mediation, arbitration, and litigation.

Restrictive Covenants & Non-Compete Agreements

We advise on the enforceability of non-compete, non-solicitation, and confidentiality agreements, and represent clients in related disputes.

Public Policy Restrictions

We handle claims involving workplace policies or agreements that violate established public policy.

Affirmative Action & Diversity Compliance

We counsel employers on diversity initiatives and compliance with federal and state affirmative action requirements.

Employment Law Training & Counseling

We provide training and proactive counseling to help businesses comply with employment laws and reduce the risk of workplace disputes.

Separation from Employment

We negotiate severance packages, prepare and review termination agreements, and advise on lawful separation terms regarding pay, benefits, and post-employment rights. 

This list is not exhaustive of all of the areas where an employment issue may arise. MacElree Harvey is ready to help you if and when they hit the doorstep of your family or business.

FAQ: Employment Law in Pennsylvania

Do you represent both employers and employees? 
Yes. We believe our ability to see issues from both perspectives makes us more effective advocates for every client. 

What counts as unlawful workplace discrimination? 
Unlawful discrimination occurs when an employee or job applicant is treated unfairly because of a legally protected characteristic such as race, gender, age, disability, religion, or national origin. 

Are non-compete agreements enforceable in Pennsylvania? 
It depends. Non-competes must be reasonable in duration, geographic scope, and subject matter. Courts may refuse to enforce agreements that are overly broad. 

What is at-will employment? 
Pennsylvania is an at-will employment state, meaning an employer can terminate employment for any reason or no reason at all — as long as the reason is not unlawful (e.g., discrimination, retaliation, or other wrongful termination). 

What should I do if I’m being harassed at work? 
Document the harassment, follow your company’s complaint procedures, and contact an employment attorney to protect your rights. 

Can an employer deny FMLA leave? 
Yes, if the employer is not covered under the FMLA, if the employee does not meet eligibility requirements, if the request does not qualify under FMLA guidelines, and if the request is not properly submitted to the employer. 

ATTORNEYS

Andrew R. Silverman

Brian J. Forgue

Jeffrey P. Burke

Katherine A. Isard

Patrick J. Gallo, Jr.

Robert A. Burke

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

Intellectual Property Litigation

December 9, 2015 by Hoppel Design

You imagined it. You created it.

Let us help you protect it.

Today’s businesses tend to value intellectual property much more than traditional assets, such as real estate and inventory. Intellectual property can generate revenue, help a company standout from the crowd, and contribute to a company’s goodwill. It comes as no surprise that some wish to infringe or misappropriate these valuable assets.

From trademarks to copyrights, employee training plans, customer lists, formulas, and proprietary business methods, intellectual property is what makes your business your business. MacElree Harvey’s litigation attorneys assist their clients by enforcing and defending what makes your business or passion unique. We have litigated a variety of intellectual property disputes, including trademark and copyright infringement, trade secrets misappropriation, and corporate disputes involving disposition of IP in business divorce.

For example, our attorneys have recently:

  • assisted a manufacturer by obtaining a permanent injunction for trademark infringement against an aftermarket parts dealer;
  • defended a company accused of using copyrighted photographs on its marketing website;
  • helped protect a client’s trade secret customer lists, pricing information, know-how, and formulas from disclosure under a subpoena; and
  • sought injunctive relief against a sales manager who violated a non-disclosure agreement and shared other trade secrets.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Banking & Finance Law

February 6, 2015 by Hoppel Design

Banking & Finance Law

At MacElree Harvey, our banking, finance, and commercial lending attorneys provide comprehensive services to help clients navigate today’s complex financial landscape. We represent both borrowers and lenders — including banks, savings associations, credit unions, finance companies, private lenders, and other financial institutions — in transactions of all sizes, from routine loans to multi-million-dollar credit facilities.

Borrower & Lender Representation

Our attorneys handle a wide variety of financing transactions, including:

· Commercial loans and construction loans

· Lines of credit and letters of credit

· Multi-bank credit facilities and tax-exempt loan facilities

· Bond issues and asset-backed or secured loans

· Real estate loans, loan participations, and equipment financing

We represent lenders and borrowers in new financing, as well as refinancing and restructuring existing debt.

Corporate, Real Estate & Nonprofit Financing

In addition to representing traditional lenders, we counsel corporate clients, real estate developers, and nonprofit organizations on the structuring, negotiation, and documentation of:

· Credit facilities

· Equipment leases

· Private placements

· Bank-qualified loans

Our team also has extensive experience in tax-exempt finance. We have served as borrower’s counsel and bond counsel in financing for manufacturing companies, qualified 501(c)(3) organizations, and public-private development projects.

Strategic & Collaborative Approach

Known for creativity and flexibility, we design loan and collateral structures tailored to each transaction. We frequently collaborate with colleagues in corporate law, real estate, and tax to deliver results-oriented, value-added solutions.

Loan Enforcement & Defense

Legal services for loan enforcement, typically provided to lenders and creditors, involves a range of actions to recover funds from a defaulting borrower, while defense of an enforcement action involves assisting borrowers in combatting the claims of lenders and creditors. We provide legal representation of both. The specific services required depend on whether the loan is secured by collateral, such as a property, or is unsecured. Secured loans are backed by collateral that the lender can repossess or seize if the borrower defaults. Legal services for these loans often include: negotiating workouts and restructuring; repossession; foreclosure and sheriff sales of real estate or personal property; replevin actions: deficiency judgments; deeds in lieu of foreclosure. Unsecured loans, such as personal loans or other obligations, are not backed by collateral. When a borrower defaults, legal services focus on obtaining a money judgment against the debtor. Services include: commencing litigation; judgment enforcement through post-judgment remedies; attachment of property; bank garnishments; and placing a lien on the debtor’s assets, like real estate, to satisfy the debt.

Representative Matters

· Represented an early-stage environmental manufacturing company in a venture capital convertible bridge loan financing

· Represented four nonprofit corporations affiliated with state universities in the issuance of over $300 million in qualified 501(c)(3) bonds to construct student housing facilities, including negotiation of bond, credit, real estate, and construction agreements

· Represented the issuer of a letter of credit in a $27 million public bond financing for the construction of a YMCA facility

· Represented a bank as senior creditor in the reorganization of a company’s stock ownership and the restructuring of $10 million in collective working capital lines of credit and permanent loans

FAQ: Banking & Finance Law Terms Explained

What is the difference between a secured loan and an unsecured loan? A secured loan is backed by collateral — such as real estate, equipment, or other assets — that the lender can claim if the borrower defaults. An unsecured loan relies solely on the borrower’s creditworthiness and does not require collateral.

What does a banking and finance attorney do? A banking and finance lawyer advises lenders, borrowers, and investors on structuring, negotiating, and documenting loan and credit transactions. They also ensure compliance with lending regulations and help resolve disputes.

What is tax-exempt financing? Tax-exempt financing allows certain borrowers — such as nonprofit organizations and qualifying projects — to obtain financing where interest income is exempt from federal (and sometimes state) taxes, often resulting in lower borrowing costs.

What is bond counsel? Bond counsel provides a legal opinion on the validity and tax status of bonds issued in a financing. They ensure that the bond issuance complies with all legal and regulatory requirements.

What is the difference between a letter of credit and a line of credit? A line of credit provides a borrower with access to funds up to a set limit, which can be drawn and repaid over time. A letter of credit is a guarantee issued by a bank to a third party that payment will be made if certain conditions are met, often used in large transactions and international trade.

Who needs a commercial lending attorney? Any business, developer, nonprofit, or financial institution involved in a lending or financing transaction can benefit from a commercial lending attorney to safeguard their interests and ensure compliance.

PRACTICE AREAS

Municipal Distress & Recovery

Public & Project Finance

Public Private Partnerships (P3)

ATTORNEYS

Matthew C. Cooper

Brian J. Forgue

Patrick J. Gallo, Jr.

Mary Kay Gaver

Leo M. Gibbons

Michael G. Louis

John F. McKenna

OFFICES

West Chester, PA

ARTICLES

No posts found.

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

Trademark & Trade Secret Litigation

February 6, 2015 by Hoppel Design

MacElree Harvey’s attorneys advise clients regarding the protection of trade secrets, trademarks, copyrights, and other proprietary information. The firm’s litigators help their clients enforce intellectual property rights against violators, defend against claims or infringement, and assert claims for breach of licensing and other intellectual property agreements.

Filed Under: Uncategorized

Corporate Governance, Regulatory and Compliance (Self-Insured Corporate Defense)

February 6, 2015 by Hoppel Design

MacElree Harvey’s Corporate Defense practice group represents companies in numerous industries and businesses that have chosen to have significant self-insured retention coverage or are entirely self-insured.

With the goal of avoiding and minimizing liability, the MacElree Harvey Corporate Defense team represents and defends a wide array of industries and business facing lawsuits involving:

  • Business Premises Liability
  • Environmental Liability
  • Municipal Liability
  • Personal Injury
  • Products Liability

MacElree Harvey’s attorneys also defend businesses for alleged violations of federal and state regulatory statutes. Our attorneys assist clients in complying with the Foreign Corrupt Practices Act (“FCPA”). This critical and complex federal law is aimed at preventing bribery of foreign public officials in order to get government preferences. Our attorneys advise clients on oversight of international business transactions and negotiations and internal investigations of suspected non-compliant activities and offer suggestions for internal procedures to ensure compliance.

Filed Under: Uncategorized

Product Liability

February 6, 2015 by Hoppel Design

MacElree Harvey’s attorneys defend individuals and self-insured businesses in high exposure products liability actions regarding a variety of claims, including aviation, toxic tort, medical products, food borne illness, industrial products, toys and power tools. The attorneys in MacElree Harvey’s products liability group have served as national coordinating counsel for Fortune 500 companies and provide efficient representation focused on minimizing costs and long term client impact. Some recent examples of successful product liability defense litigation include a favorable settlement where a client’s mechanical power press injured operator resulting in amputation and a defense verdict for a client against a plaintiff’s claim that a defective electric gate malfunctioned and injured an arm.

MacElree Harvey’s attorneys also represent individuals harmed by dangerous products, including toys, vehicles, machines, consumer products, and medicine. These victims have the right to make a legal claim against the manufacturer and/or seller for compensation for injuries sustained including but not limited to, medical expenses, lost wages, and pain and suffering.

Filed Under: Uncategorized

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Wilmington, DE 19807
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West Chester, PA 19382
610-436-0100
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