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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Andrew R. Silverman

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

Corporate Compliance and Internal Investigations

May 4, 2015 by Hoppel Design

Filed Under: Primary

Tax Law

February 6, 2015 by Hoppel Design

Tax Law

MacElree Harvey’s tax lawyers provide tax advice on a wide variety of personal, business and real estate matters, as well as thoughtful and experienced representation in obtaining rulings and other guidance from tax authorities and in resolving tax controversies.

We pride ourselves on providing well-thought-out advice in a manner that is timely, efficient and reflects our clients’ business objectives. The knowledge and experience of each tax lawyer is not limited to just the tax department, but is made available firm wide through close collaboration and cooperation across practices groups.

For taxpayers engaging in business and real estate transactions, success depends on compliance with a diverse and ever-evolving array of tax rules. Tax regulations and policies are constantly changing, and often vary widely in different national, regional, and local jurisdictions. A thorough understanding of the tax regulations can mean the difference between profitable transactions and harsh penalties.

MacElree Harvey provides comprehensive and strategic tax planning advice, combining a thorough knowledge of complex tax laws with a pragmatic problem-solving approach to our clients’ tax issues. We serve corporations, private equity funds, family businesses, individuals, partnerships, limited liability companies, and non-profits in a wide variety of transactions ranging from routine corporate formations to complex mergers and acquisitions. Our goal is to maximize after-tax results for our clients within applicable laws and regulations.

MacElree Harvey’s tax attorneys provide thoughtful and experienced advocacy on behalf of clients in federal, state and local tax disputes. We represent clients at all stages of the administrative process, from audit through administrative appeal and post–appeals mediation. We also represent clients in a wide range of tax collection matters, from initial assessment through enforced collection means (liens and levies).

MacElree Harvey’s Tax Controversy lawyers have an in-depth understanding of tax matters arising in controversies affecting a broad array of industries, including the financial products, hedge fund, manufacturing, transportation, entertainment, and utility industries. Likewise, we have significant experience with many of the issues on which the Internal Revenue Service (IRS) and state and local taxing authorities currently focus their resources. On the federal side those include debt/equity issues, the determination of ownership of property, capital versus expense classifications, losses from trading in securities and commodities, economic substance and business purpose, and placed-in-service date disputes. We have also handled cases involving tax shelters, accounting methods, and promoter registration. With respect to state and local controversies, our experience extends to a wide range of income, capital, and transactional tax issues.

We routinely advise clients on state and local tax planning matters, including entity selection, operational flow, and the tax consequences of acquisitions, reorganizations, and divestitures. Our lawyers have handled tax controversies in state courts and administrative proceedings.

We advise our not-for-profit clients on a broad range of matters including general tax issues, tax-exempt financing, securing and maintaining recognition of tax-exempt status, issues regarding payments to grantees (including foreign organizations), corporate governance, restructuring and bylaws issues, contract negotiations, employment issues, donor issues, real estate transactions, land use and local government issues, and the substantive areas of law with which the client is involved.

We have extensive experience in representing our nonprofit client in an application for real estate tax exemption, or defending our client when an existing tax exemption is changed or challenged. We have represented clients before tax assessment boards, tax courts, courts of general jurisdiction and have successfully negotiated tax settlements and payment in lien of tax (“PILOT”) agreements for our nonprofit and charitable clients.

Below are some of the forms that we prepare for clients:

  • Form 1040 – Individual tax return
  • Form 1041 – Fiduciary tax return
  • Form 1065 – Partnership tax return
  • Form 1120 – Corporate tax return
  • For 1120 S – S Corporation tax return
  • Form 990  – Foundation tax return
  • Form 5227 – Split Interest Trust tax return
  • Form Fin Cen 114 – Foreign Bank reporting form
  • Form 1040 NR – Non Resident individual tax return
  • Form 1023 – Application for Recognition of Exemption Under 501 (c) (3)

ATTORNEYS

Joseph A. Bellinghieri

Harry J. DiDonato

Lisa Comber Hall

Carolina Heinle

Court Heinle

J. Kurtis Kline

Jamison C. MacMain

Duke Schneider

Andrew R. Silverman

OFFICES

West Chester, PA

ARTICLES

Taxation of Foreign Investment in Delaware Entities

Post-Mortem Estate Planning

Taxation of Foreign Investment in Delaware Entities

The Pennsylvania Tax Benefit Rule Compared to the Federal Rule

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: Uncategorized

Nonprofits and Charitable Organizations

February 6, 2015 by Hoppel Design

Our team represents numerous nonprofit corporations, charitable organizations, private and operating foundations, and tax exempt entities created for the benefit of universities. Our attorneys represent these clients on a variety of legal issues affecting the organization and its mission, including startup, governance, compliance, and tax matters.

MacElree Harvey regularly establishes 501(c)(3) and other exempt organizations for organizations and individuals. Our work often includes formation of the nonprofit entity, obtaining tax exempt status of the nonprofit with the IRS and other taxing authorities, registering nonprofits under various charitable solicitation statutes, and filing federal income tax returns for the nonprofit.

Other common legal services include: formation and incorporation; governance and board structure; roles, relationships, and responsibilities of board, staff, and managers; regulatory compliance and annual reporting; executive and staff employment agreements; agreements for independent contractors, vendors, and consultants; consulting regarding risk management, liability, and insurance matters; mergers and acquisitions; consolidations and dissolutions; counsel regarding breaches of fiduciary duties and misuse of organization funds; compliance with tax reporting requirements; and recordkeeping requirements.

Our business attorneys are dedicated to seeking the best possible outcome for each client in the most efficient and effective manner. Whether resolving issues internally among staff, management, or owners, or whether managing external governmental or collaborative matters, MacElree Harvey is committed to getting the best result for its nonprofit clients.

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

Mergers & Acquisitions

February 6, 2015 by Hoppel Design

Our M&A attorneys have extensive experience representing both buyers and sellers in all aspects of M&A practice, including:

  • Asset sales and purchases
  • Stock sales and purchases
  • Mergers and reorganizations
  • Joint ventures and strategic alliances

Our clients turn to us for help with structuring transactions, negotiating letters of intent, conducting legal due diligence, preparing purchase and sale agreements, negotiating with opposing counsel, coordinating financing, addressing regulatory compliance, and closing transactions.  Our capabilities are bolstered by the multi-disciplinary legal knowledge of numerous attorneys in the Firm.

We represent both privately-held businesses and public corporations in business acquisitions or consolidation transactions across a wide range of industries, including manufacturing and distribution, chemicals, food, transportation, warehousing and storage, technology, and professional services, among others.

MacElree attorneys provide start-to-finish assistance with completing M&A deals, using the Firm’s full resources for everything from due diligence to tax-efficient deal structures to closing the deal. Whether the buyer is a strategic acquirer or a financial one, and whether the seller is a first-time business owner or a serial entrepreneur, we have what it takes to get the deal done.

Our team’s experience and dedication allows us to compete with large law firms in providing M&A services.  Unlike mega-law firms that use dozens of lawyers and treat every transaction the same as their billion-dollar deals, we understand that our clients need capable legal representation tailored to their particular transaction.  We frequently work opposite national and international law firms in M&A transactions.  Our clients choose us because they find us to be result-oriented and flexible.

More than just attorneys, we are business advisors.  Many of our attorneys are also business owners and Board members, which means that we can put ourselves in the shoes of our business clients and their executives.  This also means that, above all, we are results-oriented. Our attorneys are committed to exceptional client service, and we provide it with common sense, good judgment, and a practical approach to what our clients want.

If you’re contemplating an M&A transaction and you would like to schedule a consultation, please call the firm at 610.436.0100.

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

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LEGAL SERVICES

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OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
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