Author Info for Houston Harbaugh, P.C.

Corey Bauer

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of… more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Erik Bergenthal

Does My Dispute Have to be Decided in Private Arbitration?

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a… more

Arbitration, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Mandatory Arbitration Clauses

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Craig Brooks

Federal Court Nixes DOL Recent & Upcoming Salary Minimum Increases

A federal district invalidated on a nationwide basis the regulation issued last April by the U.S. Department of Labor that increased the minimum salary required under federal law for employees otherwise qualifying as exempt… more

Department of Labor (DOL), Executive Compensation, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Robert Burnett

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually “enhanced”… more

Appeals, Class Action, Commercial Leases, Contract Disputes, Contract Interpretation

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Jaclyn Faulds

ACT NOW: FEDERAL FILING REQUIREMENTS MAY IMPACT YOU!

In 2021, Congress passed the Corporate Transparency Act (CTA) in an effort to thwart criminals from using entities as a way to launder money and further illicit activities. The CTA contains a reporting requirement mandating that… more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, FinCEN

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Gary Gunnett

Sponsors of 401(k) Plans Without Roth Provisions May Want to Add Them Before 2024

Our prior bulletin summarized the multitude of changes applicable to 401(k) and other retirement plans under the recently enacted “SECURE 2.0” law. This bulletin focuses on one of those changes and a potential reason for… more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, FICA Taxes

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Christopher Jacobs

Third Circuit Finds No Coverage For COVID-related Business Income Losses

In a January 6, 2023 precedential decision, the Third Circuit ruled in a consolidated appeal of 14 cases that Pennsylvania and New Jersey businesses are not entitled to coverage for Covid-related business interruption losses,… more

Business Interruption, Business Losses, Civil Authority Coverage, Commercial Insurance Policies, Coronavirus/COVID-19

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Matthew Lautman

Perfecting Service of a Mechanic’s Lien Claim in Pennsylvania

Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do… more

Appeals, Commercial Property Owners, Construction Liens, Construction Litigation, Contractors

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Brian Lipkin

Does Your Business Contract With the Federal Government? Here’s What You Need to Know About New COVID Vaccine Rules

Last week, the federal government issued new COVID vaccine rules that will apply to many federal contractors and subcontractors. These are the highlights: Q: Will the new rules apply to my business? A: These rules will… more

Construction Contracts, Coronavirus/COVID-19, Federal Contractors, Federal Employees, Masks

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Catherine Loeffler

Employer Alert: OSHA Issues Emergency Temporary Standard for COVID-19 Vaccines

The Occupational Safety and Health Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (“ETS”) regarding COVID-19 vaccine requirements for certain larger employers. The ETS took effect Friday,… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Covered Employees, Covered Employer, Documentation

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Alan Miller

USEPA Announces Drinking Water MCLs for Certain PFAS.

On Wednesday, April 10, 2024, the U.S. Environmental Protection Agency (“EPA”) announced its first-ever legally enforceable drinking water standard to protect communities from exposure to harmful per-and polyfluoroalkyl… more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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Brendan O'Donnell

Creating a Chasm or Filling a Void?

If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the economy… more

Appellate Courts, Carbon Capture and Sequestration, Contract Interpretation, Deeds, Energy Sector

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Jake Oresick

Pa. Commonwealth Court: Contractors must honor verbal cancellation requests under HICPA

Contractors operating in Pennsylvania must honor customers’ cancellation requests, regardless of whether those requests are made verbally or by another medium. A contractor’s failure to honor such a request will expose them to… more

Cancellation Rights, Consumer Contracts, Contractors, Injunctive Relief, Oral Communications

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Tyler Park

Insurers Not Required to Cover Climate Change Litigation

In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s policy… more

Climate Change, Commercial Insurance Policies, Duty to Defend, Fossil Fuel, HI Supreme Court

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Jason Peck

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From Which She Received The Liability Limits

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to… more

Auto Insurance, Bodily Injury, Car Accident, Damages, Declaratory Judgments

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Acacia Perko

U.S. District Judge Refuses To Dismiss Copyright Infringement Claims against Musk and Tesla®* in Blade Runner 2049 Case

AI, Sci-Fi, and Copyright Collide in Alcon Entertainment LLC v. Tesla Inc. et al., Case No. 2:24-cv-09033, in the U.S. District Court for the Central District of California. In a fascinating twist of sci-fi meets reality,… more

Algorithms, Artificial Intelligence, California, Copyright Infringement, Copyright Litigation

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Maura Perri

ACT NOW: FEDERAL FILING REQUIREMENTS MAY IMPACT YOU!

In 2021, Congress passed the Corporate Transparency Act (CTA) in an effort to thwart criminals from using entities as a way to launder money and further illicit activities. The CTA contains a reporting requirement mandating that… more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, FinCEN

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Robert H.C. Ralston

The New West Virginia Intermediate Court of Appeals Nears Hearing Its First Cases

Since the creation of the State of West Virginia, the West Virginia Supreme Court has provided the only review of the decisions of the trial courts and administrative agencies. That meant that the West Virginia Supreme Court was… more

Appellate Courts, Civil Claims, Governor Justice, Judges, WV Supreme Court

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Samuel Simon

Does My Dispute Have to be Decided in Private Arbitration?

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a… more

Arbitration, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Mandatory Arbitration Clauses

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Henry Sneath

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of jurisprudence… more

Administrative Procedure Act, Arbitrary and Capricious, Declaratory Judgment Act, Defend Trade Secrets Act (DTSA), Employment Contract

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Lisa Whisler

Third Circuit Shuts Down Policyholder’s Requests for Insurance Coverage for COVID-19 Related Business Losses

Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related… more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage

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Houston Harbaugh, P.C.

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