ABA Intellectual Property Roundtable - December 12th

David G. Oberdick, Esquire
Roundtable Host
dgo@muslaw.com

Meyer, Unkovic & Scott is proud to sponsor the Pittsburgh Roundtable for the American Bar Association Intellectual Property Litigation Section.

These quarterly meetings allow IP litigation practitioners to network with other attorneys and discuss topics of interest.  All practicing attorneys interested in intellectual property matters are invited to attend - you need not be members of the ABA IP Litigation Section.

December 2013 Topic:

“Section 285 Exceptional Cases: Will the High Court Change the Standard?” and “Obviousness:  An Assessment of the Role of Objective Factors of Non-Obviousness”

Date/Time:  Thursday, December 12, 2013 @ noon

Location:  Offices of Meyer, Unkovic & Scott LLP

Henry W. Oliver Building

535 Smithfield Street, Suite 1300

Pittsburgh, PA  15222

Please click here to view the full invitation.

RSVP by December 9th to:  rsvp@muslaw.com.

Pennsylvania’s Home Improvement Consumer Protection Act

Frank Kosir, Jr.
fk@muslaw.com

Shafer Electric & Construction v. Mantia, 2013 PA Super  111; 67 A. 3d 8

This matter addressed the issue of whether a contractor who had failed to comply with the registration requirements of Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”) (73 P.S. § 517.1 et seq.) was precluded from recovering damages in quantum meruit.  Shafer Electric & Construction, Inc. (“Contractor”), a licensed contractor with a principal place of business in New Cumberland, West Virginia, entered into a contract with Raymond and Donna Mantia (“Owners”) for the construction of an addition to the garage of the Owners’ residence (“Property”), situated in Avella, Washington County, Pennsylvania.  Following the completion of the work, the Owners failed to pay the Contractor, who subsequently filed a mechanics’ lien claim in the amount of $37,874.26 against the Property.  In response, the Owners filed Preliminary Objections asserting that the contract was unenforceable due to the Contractor’s failure to register in Pennsylvania as required by HIPCA.  The trial court sustained the Preliminary Objections and dismissed the lien with prejudice concluding that, as Section 517.7(a) of the Act (73 P.S. § 517.7(a)) requires all enforceable home improvement contracts to include the state registration number of the contractor, and since the Contractor did not have such a registration number, the contract was void and unenforceable.

 

On appeal, our Superior Court reversed.  In issuing its ruling, the court referred to its recent decision in Durst v. Milroy General Contracting, 2012 PA Super 179; 52 A.3d 357, wherein it held that HIPCA does not preclude recovery in quantum meruit on oral contracts.  In this instance, there was no question that the Contractor had completed the work, nor that the parties did not have an enforceable contract under HIPCA due to the Contractor’s failure to register in Pennsylvania.  As such, since HIPCA does not preclude recovery in quantum meruit, and principles of equity require that the Contractor receive fair compensation for the benefit that its services have conferred on the Owners, the Contractor was entitled to proceed against the Owners in quantum meruit.

 

Meyer, Unkovic & Scott LLP Ranked in 2014 "Best Law Firms"

Meyer, Unkovic & Scott LLP has been ranked in the 2014 "Best Law Firms" list by U.S. News & World Report and Best Lawyers^® nationally in 5 practice areas and regionally in 26 practice areas.

Firms included in the 2014 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise.

Meyer, Unkovic & Scott LLP was recognized with Pittsburgh Metropolitan Tier 1 Rankings in the following practice areas:

• Commercial Litigation
• Construction Law
• Employee Benefits (ERISA) Law
• Insurance Law
• Land Use & Zoning Law
• Litigation - Bankruptcy
• Litigation - Construction
• Litigation - Intellectual Property
• Litigation - Land Use & Zoning
• Litigation - Real Estate
• Product Liability Litigation - Defendants
• Real Estate Law

The 2014 Edition of "Best Law Firms" includes rankings in 74 national practice areas and 120 metropolitan-based practice areas.

The U.S. News - Best Lawyers "Best Law Firms" rankings, for the fourth consecutive year, are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients and peers were asked to evaluate firms based on the following criteria: responsiveness, understanding of a business and its needs, cost-effectiveness, integrity and civility, as well as whether they would refer a matter to the firm and/or consider the firm a worthy competitor.

We Welcome Kevin F. Israel

Kevin F. Israel, Esquire
kfi@muslaw.com

The Newest Member of Our Tax & Estate Planning and Corporate & Business Law Groups

Kevin F. Israel is a member of the firm's Tax & Estate Planning Group and the Corporate & Business Law Group.  He focuses his practice in the areas of estate planning and administration, income tax planning, asset protection planning, tax controversy engagements, and offshore financial asset reporting compliance.  Mr. Israel represents individuals and closely-held businesses in business planning and transactional matters, including entity formation, succession planning, mergers, acquisitions, reorganizations, debt financing, and general business transactions.  He also advises clients on the formation, structure, and operation of captive insurance companies.

Admitted to practice before the United States Tax Court, he has practiced as a certified public accountant in the areas of income tax planning, tax return preparation, and business transactions.

In 1989, he received his J.D., with honors, from the University of San Diego School of Law, and he is a 1983 graduate of the University of Notre Dame with a B.B.A. in Accountancy, with honors.

You can reach him at 412.456.2841 or kfi@muslaw.com.  Please click here to view his complete bio.

Two Meyer, Unkovic & Scott Attorneys to be Honored by the Allegheny County Bar Association

The Allegheny County Bar Association will honor its 50 and 60-year practitioners at a reception on November 25, 2013, at the Duquesne Club.  Meyer, Unkovic & Scott is proud to have two of their attorneys honored.

Rick Francis
fjf@muslaw.com

Frederick (Rick) J. Francis a partner of Meyer, Unkovic & Scott LLP where he has practiced law since 1966.

The focus of his practice is in business litigation, wherein he has represented a wide range of corporate and individual clients, as both plaintiffs and defendants, in commercial, insurance coverage, class action, trade secret, ERISA, and unfair competition litigation. Mr. Francis is a member of the Pennsylvania and Allegheny County Bar Associations and has been elected a member of the Academy of Trial Lawyers of Allegheny County. He maintains an AV Preeminent^® rating from Martindale-Hubbell^®.

He is a graduate of Dartmouth College where he earned a Bachelor of Arts degree in History and the University of Pennsylvania Law School where he received his LL.B. degree.  Following graduation from law school, Mr. Francis served in the United States Marine Corps and was honorably discharged as a Captain.

Larry Niemann
lbn@muslaw.com

Lawrence (Larry) B. Niemann is senior counsel to Meyer, Unkovic & Scott LLP.

In his practice, Mr. Niemann has assisted many business owners in personal, corporate and tax planning, including helping families pass businesses from one generation to another and transferring businesses to outside parties, as well as retirement planning and transferring family wealth to family members through the use of trusts, corporate reorganizations and other means designed to reduce income and death taxes.  He maintains an AV Preeminent^® rating from Martindale-Hubbell^®.

  

Mr. Niemann is a member of the Pennsylvania and Allegheny County Bar Associations.  He has served as Chairman of the Allegheny County Bar Association’s Corporate and Banking Law Section.  Mr. Niemann previously served as a member of the Title 15 Task Force, charged with the duty of revising the Pennsylvania Business Corporation Law and has written several articles on the subject.  He is a member of the Estate Planning Council of Pittsburgh and is a past board member and Secretary of the Pittsburgh Chapter of the Association for Corporate Growth.

Mr. Niemann formerly served as Trustee and Vice Chairman of the Pittsburgh Ballet Theater and as a board member of Shady Side Academy and Longue Vue Club.  Mr. Niemann also is a past President of the Fox Chapel District Association. Mr. Niemann currently serves as a Board member and Vice President of the Fox Hall Condominium Association; is a class agent for Shady Side Academy and is a Board member and Secretary of the Institute for German American Relations.

Mr. Niemann graduated from Princeton University in 1959 with a Bachelor of Arts Degree.  He earned his LLB in 1962 from Harvard Law School.

Meyer, Unkovic & Scott Community Service Day

On Saturday, October 26th, attorneys, staff and friends of Meyer, Unkovic & Scott donated their time to help those in need at the Rainbow Kitchen in conjunction with the Kitchen’s annual coat distribution.  Volunteers spent the day preparing and serving soup and sandwiches to over 200 adults and children in the Homestead area.

Since 1984, Rainbow Kitchen Community Services has been a strong and reliable source of aid for those in need.  Rainbow Kitchen provides a vital safety net for hungry children, struggling families, low-income elderly, ill, and disabled individuals, the homeless, and growing numbers of people who are unemployed or among the working poor.

Two Meyer, Unkovic & Scott Attorneys Named Pittsburgh Lawyers of the Year

Best Lawyers^® has selected Robert E. Dauer, Jr., as 2014 "Lawyer of the Year" for Litigation - Bankruptcy in the Pittsburgh area and David G. Oberdick was selected as 2014 "Lawyer of the Year" for Litigation - Intellectual Property in the Pittsburgh area.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer-review assessments.  Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Robert E. Dauer, Jr.
red@muslaw.com

Robert E. Dauer, Jr., is Best Lawyers’ “2014 Litigation – Bankruptcy Lawyer of the Year” in Pittsburgh. Dauer is a partner at Meyer, Unkovic & Scott and is a member of the firm’s Management Committee and Business Litigation Group and chairs the Creditor’s Rights & Bankruptcy Group. Dauer focuses his practice on preparing contractual documents and terms and conditions for manufacturers and suppliers selling goods under the Uniform Commercial Code. He also represents regional and national companies in foreclosure and bankruptcy proceedings. He earned his bachelor’s degree in political science and business, a master’s degree in business administration and a juris doctor all from the University of Pittsburgh.

David G. Oberdick
dgo@muslaw.com

David G. Oberdick is Best Lawyers’ “2014 Litigation - Intellectual Property Lawyer of the Year” for Pittsburgh. Oberdick is of counsel to Meyer, Unkovic & Scott and is a member of the firm’s Intellectual Property, Corporate & Business Law and Business Litigation groups. He focuses his practice on representing and counseling individuals and companies facing intellectual property matters. Oberdick earned a bachelor’s degree and juris doctor from the University of Pittsburgh.