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- “Church Plan” Need Not Have Been Established By A Church
- Health Insurance Marketplace Notices: What to do?
- How Will Tax Reform Provisions Affect Retirement Plans And Other Employee Benefits?
- MARCH 31, 2020 DEADLINE LOOMS FOR 403(b) PLAN DOCUMENT UPDATES
- SECURE Act Finally Secure: New Law Makes Major Changes to Retirement Plan Rules
- Separate “Principal-Purpose Organization” May be Required For “Church Plan” Status
- Update on Plan Document Compliance for Defined Benefit Pension Plans (Including Cash Balance Plans)
- Wellness Programs Giving Employers a Workout
- Employment Law Articles
- Age Discrimination Releases – The Courts Are Finding Devils in the Details
- COVID-19 Update for Employers – Federal & State Employment Law Update
- Department Of Labor Increasing Activity On Wage And Hour Law Issues
- Educate Your Employees on E-Mail Policy
- EEOC Guidance Supports Caregivers
- Employment Law Activity Heats Up
- Employment Law Battles Between the Supreme Court & Congress
- Employment Law Update: Pittsburgh Sick Days Act Takes Effect March 15, 2020
- Employment Law Update: Pittsburgh Sick Leave Pay Ordinance Upheld
- Family Responsibility Discrimination
- FMLA Housekeeping
- FMLA Includes Leave for Military Servicemembers Families
- Give Your Supervisors A Bit Of The Same Attention You Give Your Taxes
- Higher Salary Minimum Requirements Announced for Overtime Exempt Employees
- Is Alcoholism a “Serious Health Condition?”
- Is Your Employee Handbook Leaving You Exposed?
- Medical Marijuana – Considerations for Pennsylvania Employers
- New Disability Discrimination Provisions Go Into Effect January 1, 2009
- New DOL Rule Increasing Minimum Salary for Overtime Exempt Employees
- New FMLA Rules and Requirements as of January 16, 2009
- New NLRB Rule Makes it Easier for Unions to Organize Workers
- NLRB Poster Nixed Again
- Pennsylvania No-Smoking Law as of September 11, 2008
- Physicians Cutbacks
- Recent Employment Law Updates: FMLA Legislative Changes and New EEO Poster
- Terminating an Employee Soon After Hire: How to Protect Yourself From a Lawsuit
- The Challenging World of Blogs, Tweets and Posts
- Updated FMLA Forms for 2018
- Estates and Trusts Articles
- Can a child be held responsible for a parent’s medical expenses?
- Celebrities Who Die Without a Will Leave a Dubious Warning
- Downturn in Oil and Gas Market Has Estate Planning Benefits
- Four Estate Planning Resolutions To Kick Off The New Year
- How does an irrevocable life insurance trust reduce estate tax?
- How To Make Sure Your Will And Estate Plan Is Always The Right Fit
- IDGTs: A Potential Business Succession Tool
- If my grandchildren are my beneficiaries, will my estate be subject to a larger transfer tax when I die?
- Is a Family-Owned Businesses Exempt from PA Inheritance Tax?
- Pennsylvania Inheritance Tax Law Has New Exemption For Small Family Businesses
- Planning Your Estate: Are Your Beneficiaries in Order?
- Power of Attorney for Young Adults
- Should I add my child as a joint owner of assets?
- Should I make provisions for my pet in my Will?
- Succession Planning is No Laughing Matter
- The Dangers of Treating Legal Practice as a Commodity
- What are special needs trusts?
- What are the benefits of a family limited partnership (FLP) to a landowner who also holds the Marcellus Shale oil/gas rights?
- What is the gift tax annual exclusion?
- When must I begin to take distributions from my retirement assets?
- Who Gets What When You Have “Yours, Mine and Ours”?
- Will the beneficiaries named in my Last Will and Testament receive all of my assets?
- Federal Court in Kentucky Allows Novel Royalty Claim to Move Forward
- Health Care Law Articles
- Changes Coming for Physicians in Pennsylvania Medical Marijuana Program
- Changes in Pennsylvania Law Eases Countersignature Requirements for Physician Assistants
- CMS Publishes Final Rules for Stage 2 Meaningful Use
- CMS Publishes Revision to Laboratory “14-Day Rule”
- Contemplating New Models of Physician Compensation
- Executive Action Amends HIPAA: Allows More Reporting to Criminal Background Check System
- Final Omnibus Rule: What You Need to do to Ensure Continued HIPAA Compliance
- First Settlement is a Wake-Up Call for Business Associates Working With Health Care Providers
- Health Care Reform Summary: What Employers and Individuals Need to Know
- HIPAA Compliance Manual
- Is Your Compensation Plan Stark Compliant?
- Medical Practices May be Especially Vulnerable to Sexual Misconduct Claims
- New CMS Payment Models Imminent
- New CMS Payment Options Can Improve a Primary Care Practice
- New DOJ Compliance Counsel Underscores Need for Compliance Plans
- Pennsylvania Senate Bill Proposes Independent Practice of Certified Nurse Practitioners
- Pennsylvania’s Temporary Medical Marijuana Regulations – What Physicians Need to Know
- Physicians – Will You Benefit From Tax Reform?
- Proposed Legislation May Mean Additional Responsibilities for Physicians When Prescribing Opioids
- Rules on Returning Medicare Overpayment Finalized
- Security Risk Analysis is Key to Passing Healthcare Audits
- The Proposed States Act: Bipartisan Effort Aims To Hand Marijuana Regulation Back To The States
- Insurance Coverage and Bad Faith Articles
- Litigation Articles
- Attorney-Client Privilege
- Business: Seeking Predictability in an Era of Uncertainty
- Know the ‘American Rule’
- Non-Compete Agreements Require Consideration
- Pennsylvania Products Liability Law: Amazon May be Liable for Defective “Marketplace” Items in Oberdorf Case
- What do I do with all that “stuff” my tenant left behind?
- Oil and Gas Articles
- A Possible Blueprint for Landowners Challenging Pipeline Companies
- Abandoned Oil and Gas Wells – More Than Just a Rusty Eyesore
- Act 85 and Cross-Unit Drilling – More Questions Than Answers for Landowners
- Adverse Possession – Can Surface Owner Acquire Title to Gas Formations by Mere Passage of Time?
- Can the Payment of a Shut-In Royalty Maintain an Oil/Gas Lease Indefinitely?
- Claim Based On Implied Covenant To Market Gas To Move Forward In Federal Royalty Litigations
- Court Rules Severance Tax Does Not Increase Value of Shale Gas, Therefore Not a Deductible Post-Production Cost
- Does a Well Passing Horizontally Under a Property Trigger a "Payment in Lieu of Free Gas" Clause? The Pennsylvania Superior Court says "No"
- Driller Bankruptcy Could Raise Environmental Concerns for Landowners
- Driller Has No Obligation to Pay Royalty on Lost Gas
- Failure to Tender Production Royalty Did Not Trigger Forfeiture Clause
- Federal Court in Pittsburgh Allows Lease Cancellation Suit to Move Forward
- Federal Court in Pittsburgh Questions Applicability of Kilmer Decision
- Federal Court in Scranton Rules That Litigation Filed by Landowner Did Not “Repudiate” the Lease
- Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee
- Federal District Court In Ohio Rules That Chesapeake Did Not Breach Lease When It Deducted Costs From Royalty
- Federal District Court in Ohio Rules That Driller Did Not Breach Lease by Deducting Post-Production Costs Incurred by Affiliate
- Federal District Court In Pennsylvania Allows Royalty Claim To Move Forward
- Good News for Landowners Means Bad News for Trespassers
- Has Forced Pooling Come to Pennsylvania With SB 259?
- HB 1391: Putting Teeth Back in Pennsylvania’s Minimum Royalty Statute
- Hordis v. Cabot Oil and Gas Corporation: Landowner Challenges Whether Driller Can Ignore Pooling Clause and Simply Rely on Act 85
- Houston Harbaugh, P.c Files “amicus Curiae Brief’ On Behalf Of The Pennsylvania Chapter Of The National Association Of Royalty Owners In Briggs, Et Al V. Southwestern Energy (63 Map 2018)
- Is Pa. Becoming a First-Marketable-Product Jurisdiction?
- Is the Implied Covenant of Reasonable Development Irrelevant?
- Is Your Property At Risk If The Driller Or Pipeline Company Doesn’t Pay Its Contractors?
- Kansas Court Rules that Gas is not Marketable Until it Reaches Interstate Pipeline
- Kentucky Court Rules That Lease Expired Due To Driller’s Failure To Market And Produce Gas
- Landowners Beware: Warranty Clause in Oil and Gas Lease Can Obligate Landowner to Repay Signing Bonus
- Landowners May Face Difficult Burden Regarding Intermingled Gas
- Landowners: Act Now or be Bound by Class Action Settlement Terms
- Legislation Revived to Protect Royalty Owners in Pennsylvania
- Local Zoning Ordinances May Hinder Oil/Gas Development
- Marcellus Shale Gas is Not a Mineral. What Does This Mean for Lease-holders?
- My Driller Filed for Bankruptcy; What Happens to My Lease in Pennsylvania?
- New Legislation May Allow Drillers To Revive Expired Oil And Gas Leases
- New Royalty Bill Hb 1708 Will Not Help Pennsylvania Landowners
- Non-Producing Oil and Gas Lease Deemed Abandoned by the Pennsylvania Superior Court
- Non-Production During Secondary Term Results in Termination of Lease
- North Dakota Supreme Court Rules That “Gross Proceeds” Means No Deductions
- Not All is Quiet on the Quiet Title Front
- Not Your Father’s Oil and Gas Lease
- Ohio Court Rules That Driller Did Not Breach Lease By Deducting Post-Production Costs Incurred By Affiliate
- Ohio Supreme Court Declines to Adopt Blanket “At the Well” Rule
- Ohio Supreme Court Declines To Recognize Implied Covenant Of Further Exploration
- Ohio Supreme Court Observes That Driller Cannot Maintain Lease Indefinitely by Paying Delay Rentals
- Ohio Supreme Court Rules that Lease Expiration Claim is Subject to Twenty-One Year Statute of Limitations
- Oklahoma Federal Court Rules That Driller Must Pay Royalty On Fuel Gas
- Pennsylvania Landowners May Not Own Oil and Gas Rights Under Rivers and Streams
- Pennsylvania Superior Court Fumbles Lease Expiration Claim
- Pennsylvania Superior Court Rejects Rule of Capture in Subsurface Trespass Suit
- Pennsylvania Superior Court Rules Driller had no Implied Obligation to Develop Deeper Formations
- Pennsylvania Superior Court Rules That Driller Abandoned Oil/Gas Lease By Failing To Pay Royalties For Over 20 Years
- Pennsylvania Superior Court Rules That Payment Of Delay Rentals Alone Cannot Maintain A Lease Beyond Primary Term
- Pipeline Operators: Public Utility or Pipeline Futility?
- Pooling Clause Not Necessary: West Virginia Court Finds Implied Right to Pool Exists Where Lease Silent
- Preliminary Operations Not Enough To Extend Lease into Secondary Term
- PUC Decision Suggests Pipeline Operator Has Public Utility Status
- Sixth Circuit Rules That Driller Must Pay Royalties On Natural Gas Liquids
- Subsurface Trespass – Can They Take the Gas Under My Property Without a Lease?
- Superior Court Breathes New Life Into Guaranteed Minimum Royalty Act
- Supreme Court Decision in Briggs v. Southwestern Energy is a “Win” for Pennsylvania Landowners
- Temporary Cessation of Production: How much time does a producer have under Pennsylvania law?
- Tenth Circuit Rules That Obligation To Pay Royalty On Fuel Gas Depends On Lease Language
- Texas Court Rules That Gross Royalty Clause in Addendum Supersedes Royalty Clause in Pre-Printed Lease Form
- The Accommodation Doctrine: Balancing the Interests of the Surface Owner and the Mineral Owner
- The Difference Between a “Royalty” and a “Royalty Interest” Can Be Confusing and Costly For Landowners
- To Drill or Not to Drill – Does Pennsylvania Recognize an Implied Covenant of Further Exploration?
- West Virginia Federal Court Rules That Lease Did Not Authorize the Deduction of Post-Production Costs
- West Virginia Jury Awards Damages to Surface Owner for Unauthorized Well Pad
- West Virginia Jury Finds That EQT Improperly Calculated Landowners’ Royalty on Shale Gas
- West Virginia Moves To Prohibit Drillers From Taking Deductions Which Reduce Net Royalty Below 12.5%
- West Virginia Supreme Court Declares that Minimum Royalty Statute Does Not Authorize the Deduction of Post-Production Costs
- West Virginia Supreme Court Rules That Horizontal Wells Cannot Be Drilled Into Adjacent Tracts Pursuant to 1901 Lease
- West Virginia Supreme Court to Reconsider Landmark Decision in Leggett v. EQT Production Company
- Who’s Entitled to Free Gas?
- Why Is The Driller Deducting Post-Production Costs My Lease Doesn’t Allow? Kilmer V. Elexco Land Services: A Decade Later
- Why the New Minimum Royalty Bill is Constitutional and Good for Pennsylvania
- Other Articles
- Affordable Care Act: Beware of Pending Nondiscrimination Rules
- Affordable Care Act: Communicate With Employees
- Affordable Care Act: Determine Whether to “Pay or Play”
- Affordable Care Act: Implications of Wellness Programs
- Affordable Care Act: Important Reminders for 2015
- Affordable Care Act: Required COBRA Notices
- Affordable Care Act: Required Marketplace Notice
- Affordable Care Act: Requirements Already in Effect
- Corporate Records Requirements Scam Targeting Pennsylvania Businesses
- Local Counsel in Intellectual Property Matters
- New Year, New Delays for ACA Reporting Requirements
- Reminder: One Month until the DOL’s New Higher Minimum Salary Takes Effect
- Probate, Estates and Trusts Litigation Articles
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- Briggs Amicus Curiae Brief pdf
- Business Law
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- Delay Damages Memorandum
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- Fast Track Patent Litigation in Pennsylvania Western District Court: Toward More Procedural Certainty and Cost Control
- Firm News
- April 1, 2019 | Houston Harbaugh Announces 2019 Executive Committee and Officers
- April 5, 2017 | O’Donnell Joins Houston Harbaugh in Oil and Gas Law Practice
- August 1, 2017 | Faulds Joins Houston Harbaugh as Associate in its Corporate Practice
- August 15, 2018 | Houston Harbaugh Attorneys Named to 2019 Best Lawyers in America©
- August 17, 2015 | Six Houston Harbaugh Attorneys Named to Best Lawyers in America® 2016
- August 26, 2016 | Bergenthal Joins Houston Harbaugh’s Litigation Practice
- August 28, 2014 | Six Houston Harbaugh Attorneys Named to Best Lawyers in America® 2015
- August 28, 2015 | Loeffler Joins Houston Harbaugh in Litigation Practice
- August 30, 2017 | Seven Houston Harbaugh Attorneys Included in The Best Lawyers in America® 2018
- August 31, 2016 | Seven Houston Harbaugh Attorneys Named to Best Lawyers in America® 2017
- February 12, 2015 | Houston Harbaugh Announces 2015 Executive Committee and Officers
- February 6, 2017 | Houston Harbaugh Announces 2017 Executive Committee and Officers
- February 6, 2020 | A New Decade Brings Important Promotions at Houston Harbaugh
- January 16, 2014 | Houston Harbaugh Elects Directors
- January 16, 2018 | Veteran Transaction Attorney, Harrison Lauer, Joins Houston Harbaugh’s Corporate Practice
- July 11, 2017 | Fredette Joins Houston Harbaugh in its Estates and Trusts Practice as Paralegal
- July 11, 2017 | Houston Harbaugh Welcomes Mark Hill as the Firm’s Chief Operating Officer
- July 28, 2015 | Franc Designated a Five-Star Financial Services Professional
- July 5, 2018 | Brandon McCullough is co-author and co-editor of Unfair Claims Settlement Practices Compendium
- July 8, 2015 | Burnett Appointed to PA Pipeline Infrastructure Task Force Workgroup
- June 17, 2015 | Lautman Elected Vice Chair of Slippery Rock University Council of Trustees
- June 23, 2016 | Scholz Joins Firm, Shestak Promoted to Senior Associate
- June 3, 2015 | Franc Vice-Chair of La Roche College Board of Trustees
- June 5, 2018 | Oil/Gas Attorney Robert J. Burnett Re-Elected to the Board of the Pennsylvania Chapter of National Association of Royalty Owners
- March 16, 2016 | Houston Harbaugh Announces 2016 Executive Committee and Officers
- March 5, 2018 | Houston Harbaugh Announces 2018 Executive Committee and Officers
- May 15, 2015 | Houston Harbaugh Attorneys Named to Pennsylvania Super Lawyers 2015
- May 15, 2016 | Bradley J. Franc Named to Pennsylvania Super Lawyers 2016
- May 15, 2017 | Houston Harbaugh Attorneys Named To Pennsylvania Super Lawyers
- May 15, 2017 | Houston Harbaugh Attorneys Named To Pennsylvania Super Lawyers 2017
- May 18, 2018 | Nine Houston Harbaugh Attorneys Selected to 2018 Pennsylvania Super Lawyers and Pennsylvania Rising Stars Lists
- May 24, 2019 | Houston Harbaugh Congratulates 15 Attorneys Selected to 2019 Pennsylvania Super Lawyers and Pennsylvania Rising Stars List
- May 27, 2014 | Houston Harbaugh Attorney Named to Pennsylvania Super Lawyers 2014
- November 1, 2016 | Houston Harbaugh Named to 2017 Best Law Firms List by U.S. News – Best Lawyers®
- November 1, 2017 | Houston Harbaugh Named to 2018 Best Law Firms List by U.S. News – Best Lawyers®
- November 10, 2017 | Pittsburgh-Based Law Firms Houston Harbaugh and Picadio Sneath Miller & Norton Announce Merger
- November 11, 2016 | Houston Harbaugh Honors Veterans with Dress Down Day
- November 3, 2014 | Houston Harbaugh Attorney Appointed To University Of Pittsburgh Board Of Trustees
- November 3, 2014 | Houston Harbaugh Named to Best Law Firms List by US News & World Report
- November 3, 2015 | Houston Harbaugh Named to 2016 Best Law Firms List by U.S. News – Best Lawyers®
- September 15, 2015 | Shestak Joins Houston Harbaugh in Employment and Labor Practice
- September 17, 2018 | Houston Harbaugh Welcomes Christopher M. Jacobs to its Insurance Coverage and Bad Faith Practice
- September 19, 2016 | Leland Joins Houston Harbaugh in Business Law Practice
- September 20, 2016 | Cook Joins Houston Harbaugh in Business Law Practice
- The Legal Intelligencer Names Houston Harbaugh Corporate Practice Best in Pennsylvania
- Firm Overview
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- Home
- Houston Harbaugh’s Business Continuity Plan in Response to the COVID-19 Virus
- In re Bilski: Will It Be a Blockbuster?
- Insurance Coverage and Bad Faith
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- Internet IP Litigation: Can the Law Catch Up With Technology?
- KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA
- News, Articles & Blogs
- Oil and Gas Law
- PA Federal Business Decisions Volume 11, No. 1
- PA Federal Business Decisions Volume 11, No. 2
- PA Federal Business Decisions Volume 11, No. 3
- PA Federal Business Decisions Volume 11, No. 4
- PA Federal Business Decisions Volume 12, No. 1
- PA Federal Business Decisions Volume 12, No. 2
- PA Federal Business Decisions Volume 12, No. 3
- PA Federal Business Decisions Volume 13, No. 1
- PA Federal Business Decisions Volume 13, No. 2
- PA Federal Business Decisions Volume 13, No. 3
- PA Federal Business Decisions Volume 14, No. 1
- PA Federal Business Decisions Volume 14, No. 2
- PA Federal Business Decisions Volume 14, No. 3
- PA Federal Business Decisions Volume 14, No. 4
- PA Federal Business Decisions Volume 15, No. 4
- PA Federal Business Decisions Volume 16, No. 1
- PA Federal Business Decisions Volume 16, No. 2
- PA Federal Business Decisions Volume 16, No. 3
- PA Federal Business Decisions Volume 17, No. 1
- PA Federal Business Decisions Volume 17, No. 2
- PA Federal Business Decisions Volume 18, No. 1
- PA Federal Business Decisions Volume 18, No. 2
- PA Federal Business Decisions Volume 18A, No. 1
- PA Federal Business Decisions Volume 18A, No. 2
- PA Federal Business Decisions Volume 19, No. 1
- PA Federal Business Decisions Volume 19, No. 2
- Pennsylvania Trade Secret Act (12 Pa. C.S. 5301-08)
- Pharmaceutical, Products Liability and Tort Litigation
- Picadio Sneath Miller & Norton, P.C. to Merge With Houston Harbaugh, P.C. Effective January 1, 2018
- Practice Areas & Industries
- Probate, Estates and Trusts Litigation
- Professional Associations and Memberships Henry M. Sneath
- Professional Associations and Memberships of Kelly A. Williams
- Professionals
- Published Works of Alan S. Miller
- Representative Cases
- Representative Cases of Alan S. Miller
- Representative Cases of Anthony P. Picadio
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- Commercial Litigation: Intellectual Property, Construction Claims, Business and Contract Disputes
- Constitutional/Civil Rights Litigation
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- Insurance/Professional Liability: Defense, Coverage, Subrogation and Bonds
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- Representative Cases of Jeffrey J. Ludwikowski
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- Resource Library
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- Tincher v. Omega Flex, Inc.
- Uniform Trade Secret Act (1985 Amendments)
- Urbieta v. All-American Hose, LLC
- USPTO Process of Applying For A Patent
People
- Bergenthal, Erik M.
- Brooks, Craig M.
- Burnett, Robert J.
- Cook, David H.
- Crew, Shannon L.
- Dempster, Michael J.
- Duffy, Scott E.
- Ellel, Jessica A.
- Fasulo, David J.
- Faulds, Jaclyn
- Franc, Bradley J.
- Gillespie, Bridget M.
- Gunnett, Gary J.
- Harbaugh, Gregory A.
- Hartzell, John M. Jr.
- Henry, David G.
- Houston, John D. II
- Howard, Carissa T.
- Jacobs, Christopher M.
- Lauer, Harrison S.
- Lautman, Matthew J.
- Leland, Jared N.
- Loeffler, Catherine S.
- McCullough, R. Brandon
- Miller, Alan S.
- O’Donnell, Brendan A.
- Picadio, Anthony P.
- Ralston, Robert H.C.
- Reiner Skovdal, Amber L.
- Reynolds, Lauren J.
- Ribar, Tammy L.
- Robinson, Deborah J.
- Scholz, Charles D.
- Shope, Robert D.
- Simon, Samuel H.
- Sneath, Henry M.
- Stewart, Heidi Rai
- Thomson, Alex W.
- Turzai, Michael C.
- Winge, Rebecca A.