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• 2011 Patent Reform Act as passed by the US Senate on March 8, 2011 (Actual Bill)
• About Us | Building Client Confidence™
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  • Construction Articles
    • Design Professionals and the Economic-Loss Doctrine: The State of the Law in Ohio, Pennsylvania, and West Virginia
    • OSHA's New View From Above
    • Step aside subcontractors, open-ended mortgages take priority
    • When it Comes to Collections, Construction Professionals Have Some Options Other Industries Do Not
  • Creditor's Rights Articles
    • Bankruptcy Preference Claims: Three Words You Don’t Want to Hear
  • Elder Law Articles
    • Don’t Underestimate the Risk of Needing Long-Term Care
    • Elder Abuse is More Prevalent than You May Think
    • Veterans May Be Able To Receive Financial Assistance For Assisted Living
    • What You Need to Know – and What You Have to Give Up – to be Eligible for Medicaid
  • Employee Benefits/ERISA Law Articles
    • "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
    • The Future Is Here: The Internet Of Things And The Law
  • 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
    • Historic Cold May Provide Window Into “Market Enhancement” Under Gas Leases
    • 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
    • Are You Your Mother’s Keeper?
    • What is Guardianship and How Does it Work?
• Briggs Amicus Curiae Brief pdf
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• Fast Track Patent Litigation in Pennsylvania Western District Court: Toward More Procedural Certainty and Cost Control
• Firm News
  • 9 Houston Harbaugh, P.C. Lawyers Named to 2022 Best Lawyers® List
  • 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
  • February 9, 2021 | Houston Harbaugh Announces 2021 Executive Committee and Officers
  • Henry M. Sneath Completes the Harvard Law School’s Program on Negotiation, Advanced Mediation Workshop: Mediating Complex Disputes - ADR
  • 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 15, 2021 | Houston Harbaugh Congratulates 14 Attorneys Selected to 2021 Pennsylvania Super Lawyers and Pennsylvania Rising Stars List
  • 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
  • September 29, 2020 | Houston Harbaugh Attorneys Named to 2021 Best Lawyers in America©
  • The Legal Intelligencer Names Houston Harbaugh Corporate Practice Best in Pennsylvania
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• Houston Harbaugh’s Business Continuity Plan in Response to the COVID-19 Virus
• In re Bilski: Will It Be a Blockbuster?
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• PA Federal Business Decisions Volume 11, No. 1
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• PA Federal Business Decisions Volume 11, No. 3
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• PA Federal Business Decisions Volume 12, No. 1
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• PA Federal Business Decisions Volume 13, No. 1
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• PA Federal Business Decisions Volume 14, No. 1
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• PA Federal Business Decisions Volume 18A, No. 1
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• Pennsylvania Trade Secret Act (12 Pa. C.S. 5301-08)
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• Picadio Sneath Miller & Norton, P.C. to Merge With Houston Harbaugh, P.C. Effective January 1, 2018
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• Professional Associations and Memberships Henry M. Sneath
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• Service Station Safety and Emission Appeals
• Speaking Engagements
  • Robert Burnett Presents an Update on Post-Production and Royalty Litigation in Pennsylvania
  • Robert Burnett to Host Webinar on Landmark Oil and Gas Case
• Tincher v. Omega Flex, Inc.
• Uniform Trade Secret Act (1985 Amendments)
• Urbieta v. All-American Hose, LLC
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