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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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West Chester, PA

Andrew R. Silverman

February 6, 2015 by Hoppel Design

Andrew R. Silverman

Partner – Business and Corporate Law

“Andrew Silverman provided straightforward, professional legal advice, allowing me to resolve, efficiently and confidently, an otherwise unsettling contractual matter.” – Client Review from AVVO

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Andrew Silverman is an attorney in the firm’s Business Department. Andrew’s practice focuses on providing advice to both principals and stakeholders of Delaware and Pennsylvania business entities concerning mergers and acquisitions, business divorce and inter-company conflicts, complex corporate governance and financing matters, intellectual property, and commercial agreements.

Andrew is a graduate of the University of Pittsburgh and Widener University School of Law. In addition to practicing law, Andrew is on the board of the World Trade Center Delaware, whose mission is to assist Delaware entities and those who seek to do business in Delaware with international commerce. Prior to his work with MacElree Harvey, Andrew was an attorney at a national litigation boutique where he specialized in business, commercial, and tort litigation in Delaware.

Notable Representations

Mergers and Acquisitions

  • Represented client in food hygiene industry with respect to multi-million dollar strategic co-investment into industry partner; successfully negotiated board seats and joint venture agreement.
  • Counseled biotech seller in the sale of membership interest, including successful negotiation of earn-out and transfer pricing.
  • Represented technology firm and stockholders’ representative in the sale of stock to publicly-traded company in exchange for cash consideration and restricted stock in purchaser entity; in addition, negotiated favorable executive compensation and earn-out protections on behalf of stockholders.
  • Counseled limited partnership with respect to conversion to limited liability company; successfully resolved complex governance matters with limited partners.

Start-Ups and Growth

  • Counseled real estate joint venture with respect to the formation, organization, and successful series A offering.
  • Representation of international watch retailer concerning the successful disposition of e-commerce and manufacturing agreements.
  • Represented technology company staged for public offering regarding complex governance structure and restricted stock plan.

Business Divorce

  • Successful prosecution and resolution of declaratory action under 8 Del. C. § 225 in the Delaware Court of Chancery to avoid a takeover by minority stockholders.
  • Prosecuted stockholder oppression action against controlling stockholder of a Pennsylvania corporation to a negotiated settlement that resulted in client’s ownership of the company’s intellectual property in addition to cash consideration.
  • Successful representation of a client in Delaware Court of Chancery regarding business divorce and breach of limited liability company agreement.
  • Counseled member of 50/50 Delaware limited liability company concerning business divorce and buy-out matter, resulting in favorable buy-out terms and avoidance of litigation.
  • Successful representation of minority stockholder in Pennsylvania corporation with respect to the redemption of minority stockholder’s interest on favorable terms.

Memberships

  • Pennsylvania Bar Association
  • Chester County Bar Association
  • Delaware State Bar Association
  • World Trade Center Delaware, Board of Directors
  • Main Line Chamber of Commerce
  • Western Chester County Chamber of Commerce
  • John E. Stively, Jr. American Inn of Court

PRACTICE AREAS

Business and Corporate Law

Corporate Compliance and Internal Investigations

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

Employment Law

Mergers & Acquisitions

Nonprofits and Charitable Organizations

Tax Law

OFFICES

Centreville, DE

West Chester, PA

ADMISSIONS

  • Delaware
  • Pennsylvania

EDUCATION

  • University of Pittsburgh, B.A. in Political Science.
  • Widener University School of Law
  • Villanova Law School, LL.M, Tax Law

ARTICLES

A Primer on Using Forbearance Agreements During the COVID-19 Pandemic

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

IN THE NEWS

Attorney Interview: Andrew R. Silverman

MacElree Harvey Represents Multi-National Corporation in Closing of $438 Million Credit Facility

15 MacElree Harvey Attorneys Named to Prestigious 2020 Super Lawyers/Rising Stars List

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

AWARDS

  • 2021 Readers Choice Best Corporate Lawyer Daily Local
  • 2022 Delaware Today Top Lawyers – Business Law

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

Real Estate

February 6, 2015 by Hoppel Design

Filed Under: Primary

Banking & Finance Law

February 6, 2015 by Hoppel Design

Banking & Finance Law

MacElree Harvey provides a wide range of services associated with banking and finance.

MacElree Harvey’s Banking and Finance attorneys regularly represent borrowers and lenders such as banks, savings associations, credit unions, finance companies and other financial institutions in a wide variety of lending and other financing transactions, including large multi-bank credit facilities, tax-exempt loan facilities and bond issues, asset-backed and secured loans, real estate loans, letter of credit facilities and loan participations.

We routinely represent lenders or borrowers in new financings, which include construction loans, lines of credit, letters of credit and other facilities.

MacElree Harvey’s Banking and Finance attorneys also represent our corporate, real estate, and non-profit clients in the structuring, negotiation, and documentation of credit facilities, equipment leases, private placements, and other financing transactions.

Our attorneys are also experienced in tax-exempt finance and have acted as borrowers’ or bond counsel in financings, both routine and complex, in manufacturing, qualified 501(c)(3), and bank qualified loans.

We are known for our attorneys’ ability to be creative and flexible. We offer advice on loan and collateral structures that fit the transaction at hand.

Our Banking and Finance attorneys also work with other attorneys across other practice areas of the Firm to provide results-oriented service that adds value to our clients.

Our recent experience includes:

  • Representation of an early stage environmental manufacturing company with venture capital convertible bridge loan financing.
  • Representation of four non-profit corporations that support state universities as the borrower in the issuance of over $300,000,000 in qualified 501(c)(3) bonds, issued for the purpose of constructing student housing facilities for the benefit of university students. Representation included the negotiation of a bond, credit, real estate and construction agreements associated with the projects.
  • Represented the issuer of a letter of credit in a $27,000,000 public bond finance for the construction of a local YMCA.
  • Represented a bank as the senior creditor of a company in the reorganization of the company’s stock ownership and restructuring of the company’s $10,000,000 collective working capital lines of credit and permanent loans.

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

Frank W. Hosking III

February 6, 2015 by Hoppel Design

Frank W. Hosking III

Associate – Litigation and Family Law

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Frank William Hosking III is an associate in the Litigation Department at MacElree Harvey, Ltd., where he represents individuals and businesses in insurance and commercial disputes across Pennsylvania and New Jersey. Known for his thorough case preparation and client-focused approach, Frank guides clients through all stages of litigation—from pre-suit strategy through trial.

Frank previously practiced at Wheeler, DiUlio & Barnabei, P.C. in Philadelphia, where he managed a high-volume caseload, representing more than 110 clients at a time through arbitrations and trials. He drafted successful motions, reviewed insurance policies for coverage disputes, and negotiated settlements totaling over seven figures.

Earlier in his career, Frank worked at Russell, Krafft & Gruber, LLP in Lancaster, handling both litigation and transactional matters, including estate planning, business agreements, and zoning issues. He also gained experience at Young Conaway Stargatt & Taylor, LLP and the Law Office of Peter A. Levin, P.C., where he contributed to cases involving bankruptcy, post-conviction relief, and federal criminal defense.

A graduate of Drexel University Thomas R. Kline School of Law, Frank earned recognition as a Rising Advocate Scholar and appeared on the Dean’s List multiple times. He holds a Bachelor of Science in Chemistry-Biology, cum laude, from West Chester University, where he was part of the Honors College and Pre-Medical Program.

Frank is an Eagle Scout and a Second Degree Member of the Knights of Columbus. His leadership, discipline, and sense of service continue to inform his work as a dedicated advocate for his clients.

Community Involvement

  • Eagle Scout, Boy Scouts of America
  • Knights of Columbus, Second Degree Member

PRACTICE AREAS

Litigation Law

OFFICES

West Chester, PA

ADMISSIONS

  • Pennsylvania
    New Jersey
    U.S. District Courts: Eastern, Middle, and Western Districts of Pennsylvania
    U.S. District Court for the District of New Jersey

EDUCATION

  • Drexel University Thomas R. Kline School of Law (J.D., 2021)
  • West Chester University (B.S., cum laude, Chemistry-Biology, 2018)

ARTICLES

IN THE NEWS

Why I Work at MacElree Harvey Employee Spotlight: Frank W. Hosking III  

Duke Schneider

February 6, 2015 by Hoppel Design

Duke Schneider

Partner – Trusts and Estates

Duke works primarily with family-owned and closely held businesses on succession planning, family wealth transfer planning and the structure of the business enterprise. Duke also works closely with individuals on a wide variety of estate and wealth transfer planning and estate and trust administration matters.

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Duke works primarily with family-owned and closely held businesses on succession planning, family wealth transfer planning and the structure of the business enterprise. Duke also works closely with individuals on a wide variety of estate and wealth transfer planning and estate and trust administration matters.

Notable Representations

  • Implemented a plan to shift ownership of a family-owned business to children including stock purchase, buy/sell, employment and deferred compensation agreements for an individual business owner.
  • Planned and created generation-skipping dynasty trusts for a family, including grantor retained annuity trust strategies for an individual client.
  • Planned and implemented a family limited partnership funded with real estate and investment assets for an individual client.
  • Represented and counseled business owner and individual clients in Estate and Trust Administrations.
  • Created and funded a private foundation and charitable remainder trust for a charitably inclined client, resulting in income and estate tax savings.
  • Represented an individual business owner in sale of a significant family-owned business

Community Involvement

  • Bishop Shanahan High School, Board of Directors, Presidents Society
  • Community Volunteers in Medicine, Planned Giving Committee, Harrison Society

Videos

Proudest Moment As An Attorney
My Free Time
Problems I Solve For Clients

PRACTICE AREAS

Adoption

APL/Spousal Support

Business Valuations

Child Custody

Child Support

Commercial Litigation

Divorce

Equitable Distribution

Family Law

Family Law Mediation

Legal Custody

Litigation Law

Marital Settlement Agreements

Postnuptial Agreements

Prenuptial Agreements

Protection From Abuse

OFFICES

West Chester, PA

ADMISSIONS

  • Pennsylvania

EDUCATION

  • Widener University School of Law
  • Pennsylvania State University, M.B.A.
  • Pennsylvania State University, Pre-Law

ARTICLES

No posts found.

IN THE NEWS

No posts found.

AWARDS

Martindale-Hubbell Ratings 2019
Top-Lawyer-2019-MLT
Top Lawyers 2018-MLT
MLT-Top-Lawyer-logo 2017
MLT-Top-Lawyer-2016
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Centreville, DE

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

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