Family Law

• Divorce
  Melanie Wender is a dedicated and supportive advocate for individuals and families facing the sensitive issues involved in family law matters. Ms. Wender focuses her practice exclusively in all aspects of divorce and family law. She is also experienced in adoption issues and has assisted many clients in making this life-changing process as seamless and smooth as possible, allowing the family to focus on welcoming their new child.
• Child Support
  A divorce can impact internal and external business relationships, support (between spouses and child support), equitable distribution (division of marital property) and business control. In terms of business relationships, banking relationships can come into play, especially if the spouse is a personal guarantee of the loan. It is often not easy or possible to have the spouse removed from the guarantee. The spouse may also have a role in the business and it may not be feasible for them to remain involved. For example, in cases where the spouse is client facing, a delicate balance will be necessary to transition the spouse out of the business without negatively impacting the business. This can be a challenge if the divorce is acrimonious. Finally, the roles of the parties within the business may create sustainability issues going forward. In some cases, one spouse has a particular talent (i.e. software development, marketing creativity or scientific knowledge) which cannot be easily replaced and without which the business may not be able to survive. Such issues impact valuation but also succession and strategy on distribution of assets.
• Child Custody and Visitation
  In Pennsylvania, the paramount concern in a child custody proceeding is the best interest of the child. In determining the best interest of the child, courts engage in a comprehensive analysis of the factors outlined in 23 Pa.C.S.A. § 5328. Pennsylvania Health and Safety Statute §10231.2013 states that the use of medical marijuana in accordance with state laws is not a consideration by itself in a custody case. The custody laws have not been amended to address the issue or make similar limitations regarding the use of medical marijuana by a parent.
• Adoption
• Premarital Agreement
  When a business owner gets divorced, the business is often the major asset subject to distribution. Accordingly, the business and its’ ongoing operations are almost always implicated in the divorce. In most cases that I see, the business is a small business with one owner or a few owners. In the best case scenario, the business owners have planned in advance for situations that arise in a divorce through a Shareholders Agreement, Prenuptial Agreements and/or Postnuptial Agreements. Hopefully, the parties’ respective family law and business law attorneys can work together to best protect the business owner to ensure as smooth a transition as possible. Hopefully, the relevant agreements have set forth a valuation formula which can be upheld at law for purposes of the divorce. Counsel can also work together to insure that income is clearly defined and reported so that support is less contentious. Additionally, advance planning can be used to address the below issues so that a divorce does not mean the end to the business. While advance planning is not a guarantee, it will provide additional protections to the business owner.
• Guardianship
  Our Group also spends a great deal of time assisting our client’s personal representatives (i.e., Executors, Trustees, Guardians, etc.) in the management of wealth transfer, helping them to administer decedents’ estates, trusts, and guardianships of minors or incapacitated persons.
• Spousal Support
  Review your divorce decree and create a list of things that you and your former spouse still need to satisfy. It could help if you create a calendar to visualize when certain things are due such as alimony/child support payments or when certain things are scheduled to terminate.

Criminal Law

• Restraining Order
  Before an arbitrator is appointed, RUAA permits the Court to enter a provisional or interim order to protect the effectiveness of the arbitration proceeding. Once appointed, an arbitrator can modify the Court’s provisional order or enter a provisional order his own. Such orders include temporary restraining orders as well as the issuance of liens and preliminary injunctions.
• Money Laundering
  On January 1, 2021, Congress enacted the Federal Corporate Transparency Act (the “CTA”), pursuant to which a secure database will be established to assist law enforcement agencies in combatting money laundering, financing of terrorism, and other illegal activities. The objective of the CTA is to prevent bad actors from using shell companies to obscure the provenance of their ill-gotten gains.

Business and Corporate Law

• Corporate Law
  Partnership or shareholder agreements which address more than buy-sell agreements are a must - not something to think about when you have more time or when a problem comes up. Who is "in control" and how equal will your equals be? What are your respective expectations with regard to time committed, money spent and daily operations? Who will get paid as an employee, and when? How will you resolve differences of opinion, and how involved can spouses or other family members be in your venture? Your best pal can become your worst enemy if everything falls apart. When all energies should be directed to finding quick solutions to unforeseen difficulties, a divided home team can precipitate a fatal move or worse - paralysis.
• Mergers and Acquisitions
  Peter Smith is a Partner at AMM’s business & finance practice group, along with Lisa Bothwell their practice focuses on providing guidance to business owners regarding the full range of legal issues including corporate governance, business transactions, mergers and acquisitions, contracts, commercial finance, debtor/creditor relations, and business disputes. To learn more about Peter Smith, Lisa Bothwell or Antheil Maslow & MacMinn’s Business Law practice, visit ammlaw.com/business&finance.
• Business Disputes
  Perhaps Article 22 with respect to a company’s potential civil liability could be clearer with respect to this point if it included a reference to Articles 4,5 and 6 in lieu of the existing limited reference to the obligations laid down in Articles 7(Preventing potential adverse impacts) and Article 8 (Bringing actual adverse impacts to an end). But Article 12 (Model contract clauses) of the EU Directive includes a promise that the Commission will provide guidance for model contract clauses and Article 13 (Guidelines) states the Commission, in consultation with Member states, stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and appropriate international bodies may issue guidelines for specific sectors or specific adverse impacts. The to-be-developed model contract clauses should reflect the characteristics and obligations found in Version 2 of the Model Contract Clauses (the “MCCs”) drafted by the American Bar Association Business Law Section’s Working Group found here Center for Human Rights. The MCCs include provisions which require...
• Business Transactions
  For over 30 years, Ms. Maslow has concentrated her practice primarily in general corporate transactional work and finance documentation in the areas of Business Transactions, Business Law, Private Finance, Real Estate, Contracts, and Non-Profit Law. She has enjoyed assisting entrepreneurial individuals and privately-held companies in their efforts to structure and implement a great variety of business transactions, including stock and asset acquisitions, banking negotiations, mergers, secured and unsecured financing, real estate and business acquisitions and leases, capital arrangements for hospitals and other health care providers, distributorships, software services and license arrangements and business separations and dissolutions. She is a member of the Pennsylvania and New Jersey Bar Associations.
• Limited Liability Companies
  In 2021, entities formed in Pennsylvania and entities formed in other states that have registered to do business in Pennsylvania must file a Decennial Report with the Department of State. This requirement applies to business corporations, non-profit corporations, limited liability companies, limited partnerships, and limited liability partnerships. If a report is not filed, the entity will no longer have exclusive use of its company name or trade name and the name will become available for others to use it. While an entity can file after the December 31, 2021 deadline, a third party registering with the name during the gap period will have rights to the name, and the original entity will not be permitted to reinstate its exclusive rights to the name.
• Construction Contracts
• Trade Secrets
  Since its enactment in 1986, employers have used the federal Computer Fraud and Abuse Act, 19 U.S.C. §1030 (“CFAA”) to vindicate violations of the employer’s workplace policies regarding use of computers, email accounts, and other electronic information by departing employees. The CFAA inevitably appeared as a claim in an employer’s complaint to address such conduct as downloading information from work computers and email accounts, or wiping devices and removing valuable information. The CFAA potentially provided relief where the information taken might not meet the definition of a “trade secret” in the federal Defend Trade Secrets Act (18 U.S.C. §1986), or Pennsylvania’s Uniform Trade Secrets Protection Act (12 P.S. § 5302). Further, and perhaps providing leverage for employers, the CFAA provided a criminal remedy for such violations. In Van Buren v. United States, 592 U.S. ___ (June 3, 2021), the United States Supreme Court may have eliminated that claim for wronged employers.

Employment Law

• Workers Compensation
  The classification of a worker as an employee or independent contractor will depend upon the legal context. The most critical legal contexts for small businesses generally include federal employment taxation (FICA and FUTA), federal discrimination laws (Title VII, ADA, and ADEA), the Fair Labor Standards Act, the Employees Retirement Income and Security Act, and state workers' compensation acts. Certain industries, such as health care, may have further issues relating to the classification of workers.
• Wrongful Termination
  From the representation of large business clients in complex contract disputes, to the defense of small, privately-held companies against claims of wrongful discharge, to serving individuals involved in estate litigation, Antheil Maslow & MacMinn attorneys are aggressive advocates for our clients. Our litigators practice both in the federal and state courts. Where appropriate to our client's goals, we pursue alternative means of dispute resolution, including arbitration and mediation.
• Employment Discrimination
  42 U.S. § 2000e, et seq. (“Title VII”) imposes caps on damages that limit the recovery for plaintiffs in employment discrimination cases. The plaintiffs in Yarbrough, et al v. Glow Networks (United States District Court for the Eastern District of Texas, 4:19-cv-00905) employed an interesting theory to avoid those caps, and the strategy paid off. On February 18, 2022, a Texas jury returned a verdict of $70 Million Dollars for ten race discrimination and retaliation plaintiffs, who asserted claims pursuant to 42 U.S.C. § 1981 (“Section 1981”). The Yarbrough Plaintiffs asserted no claims under Title VII.
• Employment Contract
  We represent clients in connection with a variety of labor and employment matters, with an emphasis on representing employers and executives. We assist clients by representing them in litigation, creating employment manuals, developing employment policies and procedures, and negotiating and preparing employment contracts. Our clients benefit from our extensive experience with difficult employment law problems. Our employment law team is experienced in many areas, including...
• Employment Litigation
  Having policies and procedures published in a manual or handbook for the most common employment issues will save time and money, and prevent any claims of unfairness. If your employee handbook is prepared by a lawyer, you will have the added reassurance of knowing that your responses to these issues are consistent with the variety of federal and state laws that affect the employment relationship. Your employee handbook will allow you to avoid waste of time or resources, and will ensure fair treatment of valuable employees. This is true regardless of the size of the employer.
• Non-compete Agreement
  On January 5, 2023, the Federal Trade Commission (“FTC”) proposed rules imposing a broad restriction on non-competition agreements (“Proposed Rule”). The Proposed Rule would require employers to rescind existing non-compete agreements, and would preempt conflicting state laws. The ban marks a dramatic change not only in the law, but in the relationship between employers and their key employees.
• Severance Agreement
  The U.S. Supreme Court finally rendered its decision in U.S. v. Quality Stores, Inc., 572 U.S. ____ (2014), on March 25, 2014, in a closely watched tax case. The Supreme Court reversed the Sixth Circuit Court of Appeals, and found that severance pay is to be considered wages, and therefore subject to Federal Insurance Contribution Act (“FICA”) taxes.
• Sexual Harassment

Property Law

• Real Estate Litigation
  Ms. Murray practices corporate, nonprofit, health care and real estate law. She chairs the firm's corporate practice group, and is active in a number of community organizations, contributing her extensive knowledge and experience in corporate governance, compliance and risk management to their missions.
• Construction Litigation
• Real Estate Transactions
  Peter Smith and Lisa Bothwell, corporate attorneys with Antheil Maslow & MacMinn, LLP, will present a continuing legal education program at the Bucks County Bar Association’s Business Law Symposium on Tuesday, October 25th in Doylestown. The Business Law Symposium includes three presentations related to corporate governance, business real estate transactions and equity financing for the general practitioner. Mr. Smith and Ms. Bothwell will cover “LLC Operating Agreements: The Good, The Bad, and the Ugly” for one substantive credit. To register, visit the Bucks County Bar Association Website.
• Eminent Domain
• Easement
• Land Use and Zoning
  We also handle environmental land use projects and cases, bringing our legal experience, regulatory knowledge and strategic advice to the process of achieving successful outcomes. In addition to corporations of all sizes, sole proprietorships and individuals, our Real Estate & Land Use Practice Group provides counsel and representation for boards and departments of municipal corporations as they plan and construct major public infrastructure projects in these areas...
• Landlord-Tenant Disputes

Health Law

• Personal Injury
  We offer the same high-quality innovative legal services and client-centered focus to our individual clients, with services including family wealth preservation including tax and estate planning, estate administration and litigation, family law, residential real estate matters, employment disputes and personal injury representation.
• Medicaid Planning

Trusts and Estates

• Estate Planning
  Estate planning is a process involving the counsel of professional advisors who are familiar with your goals and concerns, your assets and how they are owned, and your family structure. It can involve the services of a variety of professionals, including your lawyer, accountant, financial planner, life insurance advisor, banker and broker. The objective is to develop a plan for the passage of assets during life and at death (an “Estate Plan”).
• Wills
  Shortly after Aretha Franklin died at the age of 76 after a battle with pancreatic cancer, documents filed in the Probate Court of Oakland County, Michigan by her family revealed that the legendary singer, who was estimated to be worth $80 million, did not execute a Last Will and Testament. Aretha Franklin now joins a growing list of celebrities, including Prince, Amy Winehouse, Kurt Cobain, Bob Marley, Jimi Hendrix, and Tupac Shakur, who all died without executing a Will or other estate planning documents. For many of these celebrities, their estates were, or are currently, subject to lengthy and protracted probate proceedings that played out for the media.
• Trusts
  A living trust may be revocable (subject to change and termination by the settlor) or irrevocable. Either type of trust may be designed to accomplish the purposes of property management, assistance to the settlor in the event of physical or mental incapacity, and disposition of property after the death of the settlor of the trust.
• Power of Attorney
  You may designate a friend or relative to act on your behalf under a power-of-attorney, which can be specific and limited to a certain task or transaction or may be broad and general and allow the power holder to do almost anything in your best interest. All states provide that a properly drafted power-of-attorney will be effective even after the disability or incapacity of the person who gave the power (a so-called “durable power of attorney”), and indeed that has become a primary reason to create powers-of-attorney.
• Probate

Finance Law

• Bankruptcy
  The taxpayer, Quality Stores, Inc., paid severance to hundreds of employees while undergoing Chapter 11 bankruptcy reorganization. In its originally filed payroll tax returns, the taxpayer paid roughly $1 million of FICA tax on those severance payments. It later sought a refund of those payments while in bankruptcy, which then placed jurisdiction with the U.S Bankruptcy Court, rather than the U.S. Tax Court. That jurisdictional position seemed to work in the taxpayer’s favor, as the Bankruptcy Court found in favor of the taxpayer, as did the Michigan District Court on review of the decision.
• Foreclosure
• Tax Law
  The Firm is widely recognized throughout the Greater Philadelphia area, including Bucks and Montgomery County, for its breadth of tax law experience and knowledge, and was among the first in the area to conduct an expansive federal, state, and local tax practice. Each of the attorneys in this Group possesses a Master of Laws in Taxation (LL.M.) from a top institution. Our practice includes researching and advising clients on international, federal, state and local tax issues, ranging from transactional planning for mergers, acquisitions, divestitures, partnership planning and financing documentation, to complex estate and succession planning for individuals and family owned or closely-held businesses. Our tax lawyers have advised clients in the emerging growth and middle markets, and have participated in multi-billion dollar cross-border deals. We have industry tax and transaction planning experience in the real estate, health care, manufacturing, consumer product, and retail sectors.