By: Harry J. DiDonato & Matthew C. Cooper On July 21, 2021, the Supreme Court of Pennsylvania opened the door for lower courts to apply the doctrine of “enterprise liability” (also commonly referred to as “horizontal” or “single-entity” liability) allowing plaintiffs to horizontally pierce the corporate veil. Enterprise liability, which is currently recognized in less […]
By Jeffrey P. Burke, Esquire A common question many employers face is, “how do we respond to a workplace accommodation request under the Americans with Disabilities Act (ADA)?” Like many legal questions, the answer starts with “it depends …” Simply put, employers responding to accommodation requests must navigate a host of legal issues, including understanding […]
J. Christopher Erb, Esquire, Joins MacElree Harvey, Ltd. New Partner Brings Experience in International Law to the Firm’s Business Department MacElree Harvey, Ltd. is pleased to welcome J. Christopher Erb, Esquire, as a Partner in the firm’s continually growing Business Department. Chris brings with him nearly 25 years of experience practicing law, advising small and […]
By Jeffrey P. Burke, Esquire The Department of Labor recently announced new overtime rules under the Fair Labor Standards Act (FLSA) that the Department estimates will make over 1.3 million salaried U.S. workers eligible for overtime pay. The FLSA generally requires employers to pay employees who work more than 40 hours in a week overtime […]
By Andrew R. Silverman, Esquire Foreign investors and entrepreneurs who would like to do business in the United States are confronted with a number of legal decisions to make and, if not familiar with the local law, these decisions can be quite daunting. One question that invariably comes up for foreign investors who desire to […]
By Andrew R. Silverman, Esquire- Delaware is a proper jurisdiction for business incorporation because its well-developed corporate law and capable judiciary make the resolution of legal issues predictable and efficient. In addition, Delaware is generally regarded as business-friendly, making it a great place for your start-up. Fortunately, forming and organizing a Delaware corporation is an intuitive […]
By Andrew R. Silverman, Esquire- A Delaware corporation is governed, first, by its Certificate of Incorporation and, second, by its bylaws. These agreements cover important but basic and default rules concerning governance of the corporation. A stockholders agreement (sometimes called shareholders agreement or, in the LLC context, a members agreement) contains more complex and, often, […]
By Andrew R. Silverman, Esquire- Delaware limited liability companies and partnerships must file franchise taxes with the Secretary of State of the State of Delaware. A franchise tax is a levy charged by many state governments against business entities for the continuing right of the entity to engage in business in the taxing state. The […]
By Andrew R. Silverman, Esquire- Finding, training, and retaining top talent in a competitive marketplace can prove difficult for management. Additional compensation or large bonuses may be out of the question and, increasingly, employees are asking for “skin in the game”—that is, equity or ownership interest in the company. Management may be reticent to award […]
By Frank Marano, Jr., Esquire- The Internal Revenue Service examines and audits returns and selects taxpayers for audit based on several factors, many of which are not disclosed by the Service. However, federal tax disputes often arise because tax authorities don’t agree with your tax position and because the taxation system depends on voluntary compliance. […]
