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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

Initiative in Practice

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        • Joseph A. Bellinghieri
        • Patrick J. Boyer
        • Krzysztof M. Bozentka
        • Jeffrey P. Burke
        • Robert A. Burke
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        • John C. Cronin
        • Daniel T. Crossland
        • Marie I. Crossley
        • Harry J. DiDonato
        • Caroline G. Donato
        • Lindsay A. Dunn
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        • Brian J. Forgue
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        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
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        • Court Heinle
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        • Felix Yelin
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    • Centreville, DE
    • Hockessin, DE
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  • (610) 436-0100

Andrew R. Silverman

Employment Law

December 18, 2015 by Hoppel Design

Employment Law

Employment has evolved into one of the more complex and heavily regulated areas of law. MacElree Harvey’s team of employment attorneys are recognized as having the sophisticated business and legal expertise you need in virtually every aspect of the employment relationship.

MacElree Harvey does not limit its employment practice to representing either management or employees. We have seen enough to know that neither side of the management-worker relationship has the market cornered on virtue. We take some pride in our decision that, as attorneys, we do not stand up for causes, but rather we represent clients. If you are looking for an ideology, you may want to go elsewhere.

Here, you will get our candid assessment based on the law as it is. With over a hundred years of combined experience, the attorneys in our employment group are oriented to help you make sense of the legal arena and achieve sensible results for your family or business.

We excel at creating innovative strategies – and long term solutions – because we don’t take on causes; we help clients.

MacElree Harvey attorneys represent both employers and individuals concerning virtually every aspect of their relationship. This area of law has evolved to become more complex and heavily regulated. Our employment attorneys bring over a hundred years of experience in finding the best solution for our clients.

Employment Discrimination

We provide advice and representation for employees and employers in discrimination disputes including, but not limited to, claims related to race, gender, religion, age, disability, and genetic information.

Harassment

Our attorneys represent both employees and employers for issues regarding workplace harassment and advise our clients about federal, state and local legislation to help ensure our clients’ lawful compliance.

Whistleblowing and Retaliation

MacElree Harvey attorneys protect the rights and interests of employees who are concerned with the legality of their employer’s actions.

Compensation, Wage and Hour Issues

Compensation disputes implicate a large, complex body of federal, state and local laws. Our experienced attorneys advise employers on these intricate practices and represent employees in class action suits regarding wage and hour issues.

Leaves of Absence

Our attorneys help employees who have been denied leaves of absence under such federal statutes as the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Though these are the two most notable issues regarding leaves of absence, we are prepared to help you with any leave of absence issue that may arise.

Employment Contracts

We will negotiate employment contracts for both employees and employers including provisions dealing with benefits, severance, grounds for termination, and a host of other subjects. Our attorneys also represent employees and employers for breach of employment contracts in mediation, arbitration, and trial.

Restrictive Covenants, Non-Competes, Non-Solicitation and Confidentiality Agreements

We provide advice and representation to both employees and employers regarding the application and enforcement of restrictive covenants, non-competes, and agreements of the like. Moreover, we advise clients about the ramifications of these covenants after the employee-employer relationship has ended. Read more…

Public Policy Restrictions

We represent employers and employees in disputes resulting from workplace practices and employment contracts that violate public policy.

Affirmative Action/Diversity Training

We provide advice for employers aimed at fostering compliance with complex law which governs the ever-changing diversity of the workforce.

Employment Law Training

Our attorneys provide crucial training for the benefit of employees and employers to help navigate the complex waters of employment law.

Labor and Employee Relations Counseling

We assist employees and employers concerning virtually every aspect of the employment relationship in attempts to avoid unnecessary conflicts in the workplace. However, conflict inevitably arises and our experienced attorneys are equipped with years of experience to meet the needs of employees and employers alike.

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.

ATTORNEYS

Andrew R. Silverman

Brian J. Forgue

Jeffrey P. Burke

Patrick J. Gallo, Jr.

Robert A. Burke

OFFICES

West Chester, PA

ARTICLES

Women’s Soccer Brings Focus to the Equal Pay Discussion

The Defend Trade Secrets Act of 2016: Employment Context

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • 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

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

Business and Corporate Law

January 29, 2015 by Hoppel Design

Business and Corporate Law

Businesses need lawyers who not only know the law but who also understand their business.

Our business law practice places an emphasis on small and mid-market companies. We build strong relationships with our clients so we understand their goals and challenges and can act as a trusted legal and business advisor. Our business attorneys help clients in Southeastern Pennsylvania and Northern Delaware find reasonable and practical solutions to business and legal problems.

Starting at formation and through the lifecycle of a business, we provide comprehensive and knowledgeable advice on numerous issues facing small to mid-market companies. Our team of attorneys will assist with entity formation, hiring and terminating employees, confidentiality and non-compete issues; drafting shareholder, partnership and operating agreements; and a wide variety of business and commercial contracts. Our business attorneys regularly handle complex business matters including governance issues, strategic planning, executive compensation, negotiating and structuring financing, transition, continuity and succession planning, and liquidity events such as sales or mergers.

To ensure our clients get the best representation possible, where appropriate, our business team that works closely with other MacElree Harvey lawyers, drawing on the skills and experience of lawyers in the areas of commercial litigation, taxation, estate, and succession planning, real estate, employment, finance, insolvency, collections, and restructuring.

Representative Areas of Service:

  • Business Formation
  • Transactions and Transitions
  • Family Businesses
  • Professional Practices

Business Formation

MacElree Harvey has helped hundreds of new businesses get their start. We assist clients in the start-up phase with the critical first steps to establish their businesses. We listen to our clients’ objectives, in order to understand the nature of their business, taking into consideration liability concerns, tax ramifications, management and ownership structures, financial issues, and other issues specific to their business.

Throughout every stage of a client’s business, we encourage an eye to the future. Our goal is to build long-term relationships with our clients, tailoring our legal services to their business as it grows and develops.

Transactions and Transitions

MacElree Harvey aims to simplify the legal process and provide affordable, high-quality corporate law services so our clients can stick to what they do best while we handle the compliance, contractual and other legal concerns. We assist owners and boards of directors maintain their operations and foster growth while avoiding legal and regulatory pitfalls. Our attorneys regularly handle complex business matters related to governance, transitions and transactions, strategic planning, raising financing, and offering new services or products. Our attorneys also advise clients on transfers of technology and intellectual property, as well as trademarks, copyrights, and licenses. As our clients’ businesses expand and change, we approach each transaction with financial considerations and long-term strategic plans in mind. Our attorneys listen to the clients’ objectives before aggressively pursuing their interests in any transaction.

Unfortunately, not all business ventures end harmoniously. A “business divorce” involves issues of control, ownership, and distribution of property, as well as potential payments. These business decisions are often accompanied by high-stakes conflict and intense emotions. Our attorneys lend a depth of experience in negotiation and strategic unwinding of a business. When necessary, we work with our litigation group to resolve disagreements as part of the business divorce process.

Family Businesses

MacElree Harvey has worked closely with generations of family business owners and executives. We understand that an owner’s closely held business may be a family’s largest and most important asset. We provide advice related to governance, risk management, employment, real estate, and tax matters, as well as continuity and succession planning. In addition, we help family business owners anticipate risk and conflict through each stage of their business. We evaluate the goals of a business’s current and future owners and advise clients on advanced planning related to management, tax structures, valuation, and transition.

As family businesses pass from generation to generation, transferring ownership, control and assets can be a complex and emotional process. Our attorneys work with families and their advisers to do advance planning for these transitions, minimizing conflict and stress. If disputes arise within the family as part of this process, our attorneys are highly skilled at dealing with those conflicts and negotiating them to resolution. We apply our experience and knowledge from prior successful transitions to our clients’ situations to achieve clients’ goals.

Family business succession planning is a vital component for any closely-held business owner’s estate plan. Our business attorneys work closely with our estates and trusts group, coordinating our efforts to plan business ownership transfers using methods that satisfy our clients’ personal objectives while minimizing risk and tax burdens.

Professional Practices

Owners of professional practices are subject to the same important business decisions as to any other business owner. Doctors, dentists, accountants, lawyers, architects and owners of other licensed professional practices frequently call upon our attorneys for counsel on the legal issues confronting their businesses.

MacElree Harvey’s business attorneys regularly establish professional practices, assisting clients with entity selection and formation, as well as management and governance. Our real estate attorneys negotiate leases for office space and space sharing agreements. As practices grow, owners may choose to add associate members. These changes require developing employment contracts, partnership tracks, non-competition agreements, and compensation plans. Further, when more than one person will be involved in the ownership of the practice, our attorneys assist in designing appropriate business agreements that consider issues ranging from buy-in methods to exit strategies.

Employment policies are also an important consideration for professional practices. We advise clients on employment issues such as employment manuals, workplace policies, hiring and termination procedures, as well as compliance with federal, state and local laws.

PRACTICE AREAS

Mergers & Acquisitions

Nonprofits and Charitable Organizations

Tax Law

ATTORNEYS

Joseph A. Bellinghieri

Krzysztof M. Bozentka

Jeffrey P. Burke

Matthew C. Cooper

Daniel T. Crossland

Harry J. DiDonato

Mary Kay Gaver

Daniel Horowitz

Andrew R. Silverman

OFFICES

Centreville, DE

Hockessin, DE

Kennett Square, PA

West Chester, PA

ARTICLES

Taxation of Foreign Investment in Delaware Entities

Taxation of Foreign Investment in Delaware Entities

How to Form a Delaware Corporation

Stockholder Agreements in Delaware Corporations

Intermingling of Funds: Part 2 in The Proper Use of Legal Business Entities series

Client Alert: LLC franchise taxes are soon due in Delaware

The Proper Use of Legal Business Entities: How to Protect Your Personal Assets

Business Valuation in a Pennsylvania Divorce: Consideration of Sale Costs And Tax Effect

Mary Kay Gaver to Speak on Business Documentation and Protection at Kennett Township’s Speaker Series

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • 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

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LEGAL SERVICES

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ABOUT US

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NEWS & INSIGHTS

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OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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Kennett Square, PA

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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