Robert A. Burke

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

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

Guardianships

August 10, 2015 by Hoppel Design

The attorneys in the Estate and Trust Litigation Department at MacElree Harvey also handle Guardianship matters in Pennsylvania, Delaware and New Jersey before the Pennsylvania Orphans’ Court Divisions of the Court of Common Pleas, the Delaware Chancery Court and the New Jersey Superior Court, Chancery Division. Guardianships entail both matters involving children, and matters involving incapacitated persons.

Matters involving Guardianships for children usually entail a close relative, sibling or friend consenting to being the guardian for a child for various reasons. Typically, it is because the mother and father are not available, either temporarily or permanently. A Guardianship allows the relative or friend to register the child in their school district, obtain Federal and State aid and provide a stable home for the child. The procedure is not too difficult, but it does involve the giving of notice to all next-of-kin. Usually there is a Hearing and the Court will award Guardianship unless it is convinced that it would not be in the best interests of the child to do so.

Guardianships for adult incapacitated persons is a much more complex area of the law. The hearings themselves involve two basic areas: the finding of incapacity and the appointment of a Guardian. In order for the person to be found incapacitated, there is need for expert testimony, usually a doctor, psychologist or professional of comparable education and expertise. The testimony of the expert is either entered through a witness deposition, or by live testimony. The second, and often more difficult, problem is that of appointing a Guardian of the Person and a Guardian of the Estate. The Guardian of the Person handles all of the alleged incapacitated person’s personal care and health issues. The Guardian of the Estate, on the other hand, handles all of the financial affairs of the alleged incapacitated person.

Filing a Petition for Guardianship has often been used in situations where a Power of Attorney is abusing his or her obligations and, sometimes, is mishandling the funds for their own personal gain. The Guardianship proceeding puts the Court in the middle of these disputes and, if successful, the Petitioner for the Guardianship can gain control of the assets, with the Court overseeing the handling of the assets and the care. Guardians, once appointed, must file an Inventory and must file an Annual Report. Those reports are audited by the Court system, with a considerable amount of diligence.

Members of our Estate and Trust Litigation Group have backgrounds in various disciplines, including psychology, law and accounting. Many of our members have been named as Super Lawyers in Philadelphia Magazine and Top Lawyers in Main Line Today. We understand the sensitivity of the situation of a loved one in need of care and guidance.

Finally, the Orphans’ Court of Chester County, Pennsylvania has a Mediation Program. This has been an effective tool to avoid excess legal costs by having the family meet and resolve their issues, resulting in a stipulated agreement as formally entered into as an Order of the Court for enforcement and oversight. John F. McKenna, our Chairman of the Estate and Trust Litigation Department is a Court-Approved Guardian.

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

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.

Commercial Litigation

February 6, 2015 by Hoppel Design

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

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

Trust & Estate Litigation

February 4, 2015 by Hoppel Design

Trust & Estate Litigation

Trust and estate litigation involves legal disputes over wills, trusts, estates, and fiduciary responsibilities. These matters are typically handled in the Orphans’ Court Division of the Court of Common Pleas in Pennsylvania.

At MacElree Harvey, our experienced trust and estate litigation attorneys represent clients in complex disputes involving executors, trustees, beneficiaries, and financial institutions. Whether you are protecting your inheritance or defending your role as a fiduciary, we provide strategic, results-driven guidance.

What Is Trust & Estate Litigation?

Trust and estate litigation includes a wide range of disputes related to the administration of estates and trusts, including:

Will contests and challenges to validity
Trust disputes and trust termination actions
Executor and trustee misconduct claims
Estate and inheritance disputes among beneficiaries
Guardianship and minor estate matters
Estate tax appeals and accounting disputes

These cases often require careful interpretation of wills, trust documents, and fiduciary duties, as well as a deep understanding of Pennsylvania law.

Who We Represent

Our attorneys represent a broad range of clients in trust and estate disputes, including:

Executors and administrators
Trustees and fiduciaries
Beneficiaries and heirs
Family-owned businesses
Banks and trust companies
Non-profit organizations

We understand that these matters are often both financially significant and emotionally sensitive, and we approach each case with discretion and clarity.

Fiduciary Litigation & Liability Claims

There has been a growing rise in fiduciary litigation, particularly involving:

Breach of fiduciary duty
Self-dealing by trustees or executors
Misuse of power of attorney
Fraud or wrongful transfer of assets

Our attorneys handle actions involving surcharge claims, accounting disputes, and recovery of misappropriated assets, working to protect our clients’ financial interests and ensure accountability.

Orphans’ Court Litigation in Pennsylvania

Trust and estate disputes in Pennsylvania are governed by specialized rules in the Orphans’ Court Division.

Our team is well-versed in handling:

Petitions to remove executors or trustees
Formal accountings and objections
Surcharge actions
Disputes over estate administration

We guide clients through these proceedings efficiently while building strong, well-supported cases.

Alternative Dispute Resolution for Estate Conflicts

Many estate and trust disputes involve family members, making litigation especially sensitive.

Whenever appropriate, we help clients resolve disputes through:

Mediation
Arbitration
Private settlement negotiations

Alternative dispute resolution can often preserve relationships while reducing time, cost, and stress.

Representative Cases

Successfully filed a Petition with the Orphans’ Court to modify a Trust so that it could be terminated and the proceeds of the Trust were distributed to adult children when the purpose of the Trust was no longer being met. That purpose of the Trust was to protect the interests of any unborn children at the death of the Settlor. Since there were no such children, the Trust needed to be terminated.
Helped a family deal with an incapacitated elder parent by finding a Guardianship protective service agency and a financial institution to act as Guardians of the person and of the estate, respectively. The agency Guardian of the person managed the nursing and activities of daily living needs of the elderly parent, while the financial institution invested and managed the funds.
The Pennsylvania Department of Revenue denied a deduction on an estate tax return based on the valuation of a minority shareholder issue. The court upheld a Petition filed by our office challenging the denial of the deduction.
A non-profit corporation decided to dissolve and distribute its assets. A Petition was filed by our office and was successful in obtaining court approval of the schedule of distribution.
It was alleged that a Will was forged. Our office filed a Petition challenging said Will and it was established, through an expert, that the signature of the Decedent was traced. The matter successfully settled out of court.
An Executor was taking money from an estate. Our office brought an action on behalf of the beneficiaries. The Executor was surcharged and ordered not only to put back the amount that he had taken from the estate but also reimburse the estate for the cost of the fees that were incurred.

Speak with a Trust & Estate Litigation Attorney

If you would like to schedule a consultation, please call the firm at 610.436.0100 or visit macelree.com/contact-us.

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

Since its founding, MacElree Harvey has been home to accomplished trial lawyers and litigation attorneys serving Southeastern Pennsylvania and Northern Delaware.

Our attorneys are widely respected for delivering strategic, efficient, and effective representation to a diverse range of clients — including individuals, families, small businesses, large corporations, professionals, and nonprofit organizations.

We understand that legal disputes can be disruptive, stressful, and costly. Whether you are bringing a claim or defending against one, our goal is to help you navigate the process with confidence while working toward the most favorable outcome possible.

Comprehensive Litigation Services

Our civil litigation practice spans a broad range of disputes. We regularly represent clients in matters involving:

Business and commercial disputes — breach of contract, shareholder and partnership disputes, business torts, unfair competition, fraud, and trade secret litigation

Real estate litigation — property disputes, landlord/tenant issues, boundary disagreements, easement and zoning challenges, and construction litigation

Estate and trust disputes — will contests, fiduciary duty claims, accounting disputes, and removal of executors or trustees

Employment disputes — wrongful termination, wage and hour claims, restrictive covenant enforcement, and discrimination claims

Professional liability defense — defending lawyers, accountants, medical providers, architects, and other licensed professionals

Personal injury litigation — representing both plaintiffs and defendants in negligence and liability cases

Construction disputes — involving contractors, developers, owners, and subcontractors over contracts, delays, or defects

Nonprofit and charitable organization litigation — governance issues, fiduciary claims, and contract disputes

Strategic, Specialized Representation

While our litigation practice is broad, we also focus on specialized areas so clients with highly specific disputes are matched with the right attorney for their needs. This ensures:

Deep knowledge of the legal issues in your industry or matter

Efficient handling of complex procedural requirements

Targeted strategies tailored to the facts and goals of your case

Our trial lawyers combine in-depth knowledge of Pennsylvania and Delaware courts with creative problem-solving to protect our clients’ interests at every stage of a dispute.

Our Approach to Litigation

Every case begins with a thorough evaluation of the facts, applicable laws, and the client’s goals. We provide candid advice about case strengths and weaknesses, possible outcomes, and expected costs. Our approach is:

Proactive – Anticipating the other side’s strategy and preparing countermeasures early

Strategic – Choosing the forum, claims, and defenses that put clients in the strongest position

Flexible – Adjusting tactics as the case evolves, whether through settlement talks or trial preparation

Collaborative – Working with colleagues in tax, real estate, corporate, and employment law when cross-practice insight benefits the case

Resolving Disputes — In and Out of Court

We represent clients in state and federal court, before administrative agencies, and in alternative dispute resolution forums such as:

Mediation – a confidential, non-binding process where a neutral mediator helps parties reach agreement

Arbitration – a private process where a neutral arbitrator issues a binding decision

Settlement negotiations – often leading to faster, more cost-effective outcomes

While many disputes are resolved without trial, our attorneys are skilled litigators fully prepared to present your case before a judge or jury when it serves your best interests.

Representative Strengths

Decades of combined trial experience in Pennsylvania and Delaware courts

Proven record in both plaintiff and defense cases

Access to expert witnesses, forensic accountants, and industry specialists

Ability to manage high-stakes, high-complexity cases with precision

Commitment to clear communication and responsive client service

FAQ: Litigation & Trial Law

What is the difference between a trial lawyer and a litigation attorney?
A litigation attorney handles all phases of a dispute, including investigation, pleadings, discovery, and pre-trial motions. A trial lawyer focuses on representing the client in court. At MacElree Harvey, many of our attorneys serve in both roles.

Do I need a litigation attorney for a business dispute?
Yes. Commercial disputes often involve complicated contracts, industry-specific regulations, and significant financial stakes. A litigation attorney ensures your interests are protected from the outset.

Will my case go to trial?
Not necessarily. Many disputes are resolved through settlement, mediation, or arbitration. We explore all available options for achieving your goals before going to trial.

How long will my lawsuit take?
It depends on the complexity of the case, court scheduling, and whether the matter is resolved before trial. Some cases conclude in months; others may take a year or more.

What are the benefits of mediation?
Mediation can save time and money, preserve relationships, and give the parties more control over the resolution compared to litigation.

PRACTICE AREAS

Robert A. Burke

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.

Areas of Employment Law We Handle

Employment Discrimination

Workplace Harassment

Whistleblower & Retaliation Claims

Wage & Hour Disputes

Leave of Absence Issues

Employment Contracts

Restrictive Covenants & Non-Compete Agreements

Public Policy Restrictions

Affirmative Action & Diversity Compliance

Employment Law Training & Counseling

Separation from Employment

FAQ: Employment Law in Pennsylvania

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

Trust & Estate Litigation

What Is Trust & Estate Litigation?

Who We Represent

Fiduciary Litigation & Liability Claims

Orphans’ Court Litigation in Pennsylvania

Alternative Dispute Resolution for Estate Conflicts

Representative Cases

Speak with a Trust & Estate Litigation Attorney

Litigation Law

Since its founding, MacElree Harvey has been home to accomplished trial lawyers and litigation attorneys serving Southeastern Pennsylvania and Northern Delaware.

Comprehensive Litigation Services

Strategic, Specialized Representation

Our Approach to Litigation

Resolving Disputes — In and Out of Court

Representative Strengths

FAQ: Litigation & Trial Law

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

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