JUSTIN LEONELLI NAMED TO BOARD OF DIRECTORS OF NEW CENTURY CAREERS

Meyer, Unkovic & Scott attorney Justin Leonelli was recently appointed to the Board of Directors of New Century Careers, a non-profit workforce development organization for the manufacturing industry in Southwestern Pennsylvania.

Leonelli is an associate in the firm’s Commercial Litigation and Dispute Resolution group. He focuses his practice on complex commercial disputes, often handling matters involving the energy, manufacturing, insurance, and construction industries.

Prior to joining Meyer, Unkovic & Scott, Leonelli served as an extern for the Superior Court of Pennsylvania under now-Pennsylvania Supreme Court Justice, David N. Wecht. He also devoted a substantial amount of time working under Allegheny County Council alongside the Government Review Commission in conducting a comprehensive analysis of Pittsburgh’s local rules and regulations.

Leonelli earned a J.D. and B.A. from Duquesne University. He currently resides in a northern suburb of Pittsburgh.

MUS PARTNER TONY J. THOMPSON TO BE A FEATURED MODERATOR AT PENNSYLVANIA BAR ASSOCIATION’S MINORITY AND WOMEN LAWYERS’ BUSINESS DEVELOPMENT FORUM

Meyer, Unkovic & Scott Partner Tony J. Thompson will be a featured moderator at the Pennsylvania Bar Association’s (PBA) upcoming Minority and Women Lawyers’ Business Development Forum, which is scheduled to take place on Thursday, September 28 at the Omni William Penn Hotel in Pittsburgh.

The all-day forum includes an impressive list of high-profile attorneys and representatives of local corporations who will discuss strategies to overcome challenges faced by minority and women attorneys, while providing marketing tools beneficial for all attorneys. Registration information is available online through the PBA’s web site.

Thompson is an emerging business and trial attorney. He has counseled clients on a host of business matters and provided representation in a variety of business disputes, including cases involving breach of contract, trade secrets, intellectual property, products liability defense and complex commercial litigation.

FRANK KOSIR, JR. ELECTED CHAIR OF ACBA’S REAL PROPERTY SECTION

Meyer, Unkovic & Scott announced today that attorney Frank Kosir, Jr. was recently elected as chair of the Allegheny County Bar Association’s (ACBA) Real Property Section for a 12-month term.

The ACBA’s Real Property Section includes attorneys whose practices involve all aspects of real estate and real estate development law. Among its many functions, the section engages in cooperative efforts with the Greater Pittsburgh Board of Realtors and other organizations in areas of mutual interest, including the creation of standard forms of agreements for real estate transactions, as well as studying and reporting on proposed industry legislation.

Kosir has significant civil litigation and general practice experience in all areas of real property law. Prior to becoming an attorney, he acquired extensive experience in all facets of real estate development, sales, construction and leasing through his family’s home construction company, which has operated for more than 55 years.  His knowledge of the construction, planning and business aspects of the real estate industry provide him with a unique understanding that he utilizes in assisting clients.

Additionally, Kosir writes a monthly real estate case law update for the ACBA as well as a quarterly real estate update column in The Legal Intelligencer, and frequently lectures at Continuing Legal Education programs.

Kosir resides in Peters Township with his wife and two daughters.

MUS Welcomes New Associate Alison L. Andronic

Meyer, Unkovic & Scott recently welcomed Alison L. Andronic as an associate to the firm’s Real Estate & Lending, Corporate & Business Law, and Energy, Mineral Rights & Utilities practice groups.

Prior to beginning her law practice, Andronic served as a research editor on the University of Pittsburgh Law Review and as an executive board member for the Law School’s Energy Law Society.  She earned a B.S. from Penn State University in Marketing and a minor in the Legal Environment of Business.

Andronic currently resides in downtown Pittsburgh with her husband.

MUS Announces Formation of Pittsburgh Legal Diversity and Inclusion Coalition

Meyer, Unkovic & Scott LLP is proud to join with area law firms, in-house legal departments, and law schools to form the Pittsburgh Legal Diversity and Inclusion Coalition.​ The organization will work collaboratively to foster the diversity and inclusion of the region’s legal community.

Lance Woods Named To "40 Under 40"

Meyer, Unkovic & Scott attorney Lance Woods was recently named by the National Bar Association (NBA) as one of this year’s “40 Under 40” award recipients. Read more.

Andrea Geraghty Honored By PBA

Andrea Geraghty was recently honored by the Pennsylvania Bar Association’s (PBA) Board of Governors with a Special Achievement Award. Read more.

Lawyer on the Fast Track

Congratulations to Nick Bell on being named a 2017 “Lawyer on the Fast Track” by the Legal Intelligencer.

Digital Assets in the Event of Death or Incapacitation

PRIVATE CLIENTS ADVISORY

What You Need to Know About Your Digital Assets

In the Event of Your Incapacity or Death 

What will happen to your digital assets in the event of your incapacity or death? Can your spouse or other family members easily access them? (Is there anyone whom you would not want to have such access?)  What will the internet service firms demand to see before they will disclose your private information to anyone else?

Estate planning for digital assets involves three steps: 

1. Organizing your digital assets so that your agent, executor, or trustee can know what files and accounts you have and where they are located;
    
2. Adding language to your Power of Attorney, Will or Trust that will empower your agent, executor, or trustee to gain access to all of your data and the information being stored by third parties; and
    
3. Updating the bequests in your Will or Trust as necessary to make any bequests of your digital assets to one or more of your beneficiaries. 

1. ORGANIZING YOUR DIGITAL ASSETS

You should prepare an inventory of your digital assets that would separate them into two categories: 

• Digital Property With Monetary Value - This category would include any digital asset that produces income, such as websites, blogs, domain names, copyright material, trademarks and code, as well as art, photos and eBooks. Other digital property that may have monetary value are PayPal, accounts at online banks, loyalty reward programs and other accounts used to hold or manage money or other forms of purchasing power; online stores that you manage and the digital assets of any businesses you may own, including databases, websites, storefronts, accounts and code. Some computing hardware may also have monetary value, for example, the remaining portion of computer leases. You should also ensure that the digital assets of your non-web-based businesses be included in the valuation of the business for the purpose of sale or transfer to heirs. 

• Personal Digital Property - Examples include computers, smart phones, tablets, external hard drives, digital music readers, digital cameras and other computer hardware an individual owns. It also includes any information stored electronically on devices, computers or in the cloud that may have no intrinsic value on the open market, but does have personal value to your family and friends. This kind of information includes accounts for email, social media, photo and video sharing, gaming, storage and personal websites and blogs. It may also include intellectual property such as domain names, copyright material, trademarks and code you may have written. 

The inventory of your current digital assets should include usernames and passwords, or where they are stored. Keep this inventory in a safe location, and limit those who know of its whereabouts. Update the inventory regularly so that it will always reflect your current information.
 

Rather than starting from scratch, you could use a web site that will organize and store your information for you. There are now a number of these websites that offer estate planning-related services, including digital lockers for data storage, post-mortem messaging for family members, and a digital assets locator.

2. UPDATING YOUR POWER OF ATTORNEY, WILL, AND TRUST TO     AUTHORIZE ACCESS TO YOUR DIGITAL ASSETS

You should update your Power of Attorney, Will, and Trust (if applicable) to add language whereby you give your consent to your agent, executor, and trustee gaining access to your protected information that is held by any internet service providers.

This type of authorization is sanctioned by the federal Electronic Communications Privacy Act, and will help your agents, executors, and trustees to collect all of your digital assets and transfer them as you direct. 

3. MAKE BEQUESTS OF DIGITAL ASSETS

In your Will or Trust you can make gifts of specific items of your digital assets to one or more beneficiaries. If you do not want to make specific bequests, you could add your digital assets to the pool of your tangible personal property and household goods that your beneficiaries can divide up among themselves.

           

Place Digital Assets in Lifetime Trust. As an alternative to keeping your digital assets in your own name to pass under your Will, they may be good candidates for transferring to a trust that you would create during your lifetime.  Since the trust can survive your death, transfer problems that might otherwise arise at an owner's death can be avoided. The trust can also provide for the management of copyright and trademark rights that may be attached to such assets.

CONCLUSION
Individuals who own their own business or use the Internet or smartphones to manage a significant part of their lives should contact a Meyer Unkovic & Scott Private Clients Group attorney for advice and counsel on updating their estate plan to include all of their current and anticipated digital assets. 

For more information about this or any private client matter, please contact Dan Gallagher, Martin Hagan, or any of the MUS Private Clients Group attorneys listed below.

This material is for informational purposes only.  It is not and should not be solely relied on as legal advice in dealing with any specific situation.

Daniel P. Gallagher, Jr. is a Partner in Meyer, Unkovic & Scott's Private Clients Group.

He can be reached at: 412.456.2850 or dpg@muslaw.com

Martin J. Hagan is a Partner in Meyer, Unkovic & Scott's Private Clients Group.

He can be reached at: 412.456.2820 or mjh@muslaw.com. 

MUS Announces New Partners

Meyer, Unkovic & Scott, a business law firm that serves Fortune 100 companies and individuals, has named the following lawyers partners:

Levi K. Logan is a member of the firm’s Employee Benefits, Corporate & Business Law and Private Clients Groups.  Mr. Logan’s practice is focused mainly on employee benefits. Mr. Logan has a significant background in providing advice for pension and retirement plans, profit-sharing plans, health and welfare plans and apprenticeship programs.  He received his J.D. from the University of Pittsburgh School of Law in 2007 and his B.S., cum laude, from the University of Pittsburgh in 2003.  He resides in West Mifflin.

Michael G. Monyok is a member of the firm’s Intellectual Property, Corporate & Business Law, and New Ventures & Entrepreneurs Groups.  In his practice, Mr. Monyok focuses on intellectual property matters and represents clients ranging from startups to large public companies in all aspects of intellectual property procurement, management and litigation.  Mr. Monyok’s work includes prosecuting domestic and foreign patent applications, obtaining trademark registrations, registering copyrights and helping clients protect their trade secrets.  He also helps startups and emerging businesses navigate the complex legal issues that often face new ventures.  He received his J.D. from the University of Pittsburgh School of Law in 2005 and his B.S. in Chemical Engineering and Engineering and Public Policy from Carnegie Mellon University in 2002.  He resides in Sewickley.

Tony J. Thompson is a member of the firm’s Litigation & Dispute Resolution, New Ventures & Entrepreneurs, Intellectual Property, Employment Law & Employee Benefits and Construction Groups.  He is an emerging business and trial attorney.  For the past decade, Mr. Thompson has counseled clients on a variety of business matters and provided representation in a number of business disputes, including cases involving breach of contract, trade secrets, infringement and misappropriation claims, products liability defense and complex commercial litigation.  He received his J.D. from the University of Pittsburgh School of Law in 2006 and his B.A. in Economics from Washington & Jefferson College in 2003.  He resides in Monroeville.

Yearly Employment Law Check-Up

Elaina Smiley
412.456.2821
es@muslaw.com

Top Four Items to Review Now

The New Year is a good time for employers to review and update their employment practices. Proper policies and practices will reduce the risks of costly employment claims. Here are some items to review:

1. Review Job Duties for Salaried-Exempt Employees.

Although implementation of the revised Fair Labor Standards Act ("FLSA") regulations increasing the salary levels for exempt employees has been halted (for now), it is still a good idea to review the actual job duties performed by those classified as exempt from the payment of overtime. The FLSA contains a two-part test for an employee to be considered exempt, and employees must meet both tests: 1) payment of a fixed salary and 2) meeting the duties of one of the Department of Labor exemption categories. Misclassifying an employee as exempt when the employee should be paid overtime can be very costly. In cases involving FLSA violations, employees can get up to 3 years of back wages (overtime that was not paid) plus double damages and attorneys' fees.

2. Review Pay Practices for Hourly Employees.

Employers need to ensure that hourly employees are paid for all work time, which can include travel time, training, and short breaks. Furthermore, employers should be cautious when paying hourly employees bonuses. Certain bonus payments that are classified as non-discretionary must be considered in calculating an employee's overtime rate, and additional overtime payments need to be made for the period for which the bonus was applicable. "Comp time" is not permitted in lieu of paying hourly employees overtime for hours worked in excess of 40 per work week.

3. Review Policies and Procedures on Discrimination, Harassment, and Retaliation.

Every employer should publish and distribute policies forbidding all forms of harassment, discrimination, and retaliation against employees who report these issues. Harassment and discrimination should be barred not only based on sex, but other protected characteristics such as race, religion, age (40 and older), disability, sexual orientation, pregnancy, and national origin. The EEOC recently issued enforcement guidance that expands protection for employees against retaliation; therefore, policies should be reviewed for compliance.

4. Review Management Training on Handling Employee Reports and Requests.

When an employee makes a report or complaint of unlawful harassment to a manager, knowledge of the harassment is imputed to the employer even if the manager to whom the report was made fails to report it further or to take appropriate action. An employer will not be able to successfully defend harassment claims if the employer does not take prompt and effective remedial action in response to such reports. Also, managers need to properly handle employee accommodation requests under the Americans with Disabilities Act and employee leave requests under the Family and Medical Leave Act.

Should you need assistance conducting an audit of your human resources policies, please contact Elaina Smiley at 412.456.2821 or es@muslaw.com.

This material is for informational purposes only.  It is not and should not be solely relied on as legal advice in dealing with any specific situation.

Break the Immigration Stalemate

Last week, the U.S. Supreme Court joined Congress in letting political stalemate push our country deeper into chaos and further away from addressing the urgent issue of modernizing our immigration system. Click here to Joel Pfeffer's article, "Break the Immigration Stalemate".

PA Capital Stock Tax and Franchise Tax Expired

Effective as of January 1st, Pennsylvania's Capital Stock Tax and the Franchise Tax expired. These taxes were slowly being phased out for the past fifteen years, but, until now, they were extended to help fill budgetary gaps in Harrisburg.

The much-reviled Capital Stock Tax actually predates the Civil War and helped bolster the perception that Pennsylvania is not a business-friendly state. The Capital Stock Tax was assessed on corporations, limited liability companies (including limited liability companies taxed as partnerships for federal tax purposes), joint-stock associations and business trusts. The tax was calculated utilizing a mandated formula based on the entity's balance sheet net equity and its earnings history. The formula often produced a tax liability for the entity even in loss years.

Last year, the Capital Stock Tax brought in over $250,000,000 in revenue for Pennsylvania; therefore, it is important to note that there is a risk that the tax will be reinstated in some capacity, especially in light of Harrisburg's protracted budget battle.

The expiration of the Capital Stock Tax is important because it now means that the limited partnership may no longer be the entity of choice for real estate projects in Pennsylvania. Instead, the limited liability company would be the preferred entity as it insulates investors from liability, does not require a formal management structure, provides the benefits of pass-through taxation and, unlike the limited partnership, it does not require the creation of two separate entities: the actual limited partnership and its corporate general partner. Utilizing a limited liability company instead of a limited partnership for future real estate projects will help lessen an investor's administrative burden over the life span of a real estate project.

For more information about this announcement and other corporate law matters, contact Josh Hoffman, Kevin Israel, or any other Meyer, Unkovic & Scott attorney with whom you have worked.

2015 Lawyers on the Fast Track

Congratulations to Antoinette Oliver on being selected by The Legal Intelligencer as one of the "2015 Lawyers on the Fast Track".

Estate Planning For Pet Owners

Tune in tomorrow to hear Michele Conti discuss the estate planning techniques available to pet owners.  She will discuss what arrangements a pet owner can make upon their death or incapacity to ensure that the beloved pet will be cared for by someone the owner has chosen.  The broadcast begins at 11:30 a.m. on 101.5 WORD-FM.

Four Partners Named 2015 Lawyer of the Year

Congratulations to Andrea Geraghty, Richard Kotarba, Kevin McKeegan and David Oberdick on being name 2015 "Lawyer of the Year" by Best Lawyers®.

These four lawyers are joined by sixteen of their colleagues in the firm who have been named to the 2015 Edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession.  Best Lawyers® has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Use this link to see the full article.

This material is for informational purposes only. It is not and should not be solely relied on as legal advice in dealing with any specific situation.

New Affordable Care Act FAQs

Jason Mettley

On Friday, November 7, 2014,  Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued new FAQs regarding the Affordable Care Act.

Most noteworthy, the Departments state that if an employer has an arrangement with its employees whereby the employer reimburses employees for the cost of an individual health insurance policy, that arrangement constitutes a "group health plan" for purposes of ERISA and the Code.  As a group health plan, the arrangement would not comply with the market reforms under the ACA thereby triggering penalties and excise taxes.  According to the Departments, the arrangement is a group health plan.  This would mean that the arrangement is also subject to all of the applicable requirements of ERISA (e.g., the need to have a written instrument, the need to file annual returns, etc.).

Employers should consult with their lawyer before eliminating any group health insurance policy.  It is critical to review the reasons for eliminating any existing policies and understand what the employer intends to do to replace the group health insurance.  There could be ramifications to the employer, including  fines and penalties, depending on what the employer is intending to do moving forward.

You can read the FAQs issued here.  Please contact Jason Mettley or any other Meyer, Unkovic & Scott LLP attorney with whom you have worked to discuss any questions you may have on the Affordable Care Act.

This material is for informational purposes only. It is not and should not be solely relied on as legal advice in dealing with any specific situation.

Waypoints For New Litigators In The Allegheny County Court Of Common Pleas

This Saturday, October 18, Tony Thompson will participate in a panel discussion on “Waypoints For New Litigators In The Allegheny County Court Of Common Pleas,” as part of the Allegheny County Bar Association’s Skills Training for Lawyers program. You can use this link for more information.