- DivorceFor families going through the process of divorce or separation, the path ahead can be difficult, emotional, stressful and frightening. Going through costly and adversarial court battles only makes a bad situation worse. For couples who can work together toward a resolution, choosing a skilled mediator who can facilitate a discussion between the parties and their counsel with as little trauma and acrimony as possible can significantly minimize the emotional and financial cost to the family. The aftermath of successful divorce mediation can help the parties to amicably and move forward toward the future.
- Child SupportA 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 VisitationAs of August 13, 2024, a number of changes have been made to the custody statute in Pennsylvania, which may impact your current or future child custody matter. The custody statute has always emphasized the physical safety of children, however, now there are further requirements on the court and the parties to best eliminate any true concerns.
- Adoption
- Premarital AgreementSo we know that the rich and famous are well advised to utilize Prenuptial Agreements for all of these reasons, but how can you decide if a Prenup is necessary for you?
- GuardianshipOur 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 SupportMelanie J. Wender was named President-elect of the BCBA Board. As President-elect, she will serve with current BCBA Board President Jeremy Puglia in 2025, and will assume the President’s office in 2026. Melanie has served in several roles at the BCBA, including as Secretary/Executive Board member, member of the board of directors, Member Services Committee chair, Bench Bar Committee chair, and as Editor of their “Writs” quarterly magazine. Melanie Wender is a Partner in the in AMM’s Family Law practice group, focusing her practice on issues surrounding the complexities of a divorce, such as equitable distribution, custody, spousal support, child support, and settlement agreements. Melanie also represents parents in dependency court, and has a well-established practice in Adoption issues.
- Restraining OrderBefore 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 LaunderingOn 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.
- Corporate LawIn the late 2010s and early 2020s, ESG—a wide-capturing acronym standing for “environmental, social and governance”—roared into action, emerging both domestically and abroad as one of the defining trends in investing, regulation, finance, and corporate governance.
- Mergers and AcquisitionsFew matters are more complex or have greater importance to business owners than mergers and acquisitions. AMM attorneys are experienced in developing and implementing creative strategies to position our clients, helping to maximize value whether they are a buyer, a seller, a lender, or an intermediary. Our attorneys are highly skilled deal makers with the knowledge and insight to guide you through the twists, turns and complexities of high stakes mergers or acquisitions.
- Business FormationJanel represents business owners regarding a variety of transactional matters, including business formation, drafting governance documents, mergers and acquisitions, succession planning, shareholder/member/partnership agreements, ownership disputes, commercial agreements, drafting and negotiating joint venture agreements, employment contracts, asset purchase agreements, buy-sells, leases and other documents; performing substantial due diligence, and working with state and local governments to obtain necessary business licenses and guide her clients through the process as seamlessly as possible.
- Business DisputesLegal advice to shareholders since it's formation in 1992. Our corporate mediation team is well prepared to evaluate the various interests and contributions of parties in business disputes, and is adept at helping parties
- Business TransactionsSusan Maslow, a Co-Founder and Partner of Antheil Maslow & MacMinn LLP, is an experienced business attorney with a focus on complex transactional corporate law. Throughout her career, Sue has enjoyed working with clients and their other advisors as an integral part of a comprehensive working group focused on solving business challenges. Armed with both good humor and excellent negotiating skills, she concentrates her practice primarily in the documentation of Business Transactions, Corporate Governance, Private Finance, Service and Supply Contracts, and Non-Profit Operations. Committed to delivering precisely drafted documents, Sue believes getting parties with conflicting interests to agree in writing can be tremendously gratifying (financially and emotionally) for all stakeholders.
- Limited Liability CompaniesIn 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
- Intellectual Property
- Wrongful TerminationFrom 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
- Employment ContractWe 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. We provide sound advice and comprehensive legal services across a wide variety of areas in this complicated field of law, including...
- Employment LitigationControversies arising from disputes with employees are a major risk factor in today’s business environment. The damages that may result from a major dispute with an employee or conflict with a key executive can be tremendously costly, not only in financial terms, (legal fees, and potential jury awards), but with regard to the negative impact that litigation causes in distraction, disruption and emotional cost to managers, owners and employees alike. When a terminated or current employee makes a claim against his or her employer, it is generally in the interest of both parties to attempt to resolve the matter early through a procedure called mediation. AMM employment law mediation offers an efficient, economical and low stress alternative to the litigation process. We assist parties facing employment law disputes including...
- Non-compete AgreementOn April 23, 2023, the Federal Trade Commission (“FTC”) issued a final rule imposing a broad restrictions on non-competition agreements (“Final Rule”). The Final Rule requires employers to rescind existing non-compete agreements, and preempts conflicting state laws. The Final Rule is effective on September 4, 2024. In the meantime, there were three cases filed (one of which has been dismissed) that may result in a stay of implementation of the rule. This creates uncertainty for employers and employees in preparing for the effective date of the Final Rule. The Final Rule dramatically impacts both employers and employees. Employees subject to these agreements, and contemplating a move, may be waiting for September 4, 2024 to make decisions. Employers must prepare to determine to whom they will send rescission notices, and what steps they will take to ensure protection of trade secrets and customer relationships.
- Severance AgreementOur employee clients need to protect their interests should they experience discrimination, harassment, or termination issues. We can help them negotiate a fair resolution that safeguards their compensation and future earning capacity, including, for example, equity and retirement benefits, in the event of a termination. Likewise, they must assure themselves that they can find new employment without the impediments of poor references and restrictive covenants. We assist our clients by negotiating these terms as part of a severance agreement. As part of this analysis, we work with our employee clients to evaluate any available claims.
- Sexual Harassment
- Real Estate LitigationGabriel Montemuro is a dedicated litigator who helps business clients resolve disputes quickly and efficiently. He represents clients in contract claims, commercial litigation, real estate disputes, and a broad range of other civil matters. Gabe also works with insurance companies and underwriters on complex coverage determinations.
- Construction Litigation
- Real Estate TransactionsJanel Clause focuses her practice on business and corporate law, serving as a valued partner to owners and key leadership of closely held businesses in a variety of commercial and real estate transactions.
- Eminent Domain
- Easement
- Land Use and ZoningOwnership and utilization of land and buildings raises legal issues for individuals as well as businesses. Antheil Maslow & MacMinn attorneys provide a full range of services for real estate owners, developers and commercial lenders in the Greater Philadelphia area including Bucks County and Montgomery County, including representation with respect to transactions, negotiations, disputes and related proceedings concerning real estate, land use and zoning.
- Landlord-Tenant Disputes
- Citizenship and Naturalization
- Personal InjuryWe 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.
- Medical Malpractice"New Technologies, New Worries - Medical Malpractice and False Claims Act Liability in the Age of Electronic Health Records and Health Information Exchange"
- Medicaid Planning
- Estate PlanningNational Estate Planning Awareness Week runs from October 19-25, 2020. First celebrated in 2008, this week highlights the importance of estate planning and its vital role in your overall financial health. By some estimates, up to 50% of Americans have not prepared any estate planning documents, which include documents effective both during life and after death. The uncertainty of this year only highlights the importance of creating or updating your estate planning documents.
- WillsShortly 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.
- TrustsThere are significant benefits to developing an estate plan, which can include a Will, Revocable Trust, and/or Irrevocable Trusts, even if you are not a celebrity.
- Power of AttorneyFiduciary roles in your estate plan: Creating an estate plan involves selecting various individuals (or entities) as fiduciaries, such as the Executor of your estate, Trustee of any trusts created under your estate plan, Guardian of your minor children, Agent during your life under your Power of Attorney, and Surrogate to make end-of-life decisions in your Living Will. Each of these roles is very important, so you should consider if the individuals who are named in these roles in your current estate planning documents are still the people you would want to serve. Your documents may name individuals who have gotten older and may be unable to serve in these roles due to health concerns, or individuals who have moved away and may not be able to effectively serve due to geographical distance. You may have created documents when your children were younger, but may now feel that your children are mature enough to take on these responsibilities. While anyone named in an estate planning document may resign or renounce if they are unable to serve in a fiduciary role, updating your documents now will avoid the time and delay involved in appointing the appropriate individuals to these roles in the future.
- Probate
- Bankruptcy“Note, Aberration or Seminal Decision?: Examining the Impact of Zucker v. FDIC (In re BankUnited Financial Corp.) On Bankruptcy Law,” 34 REV. BANKING & FIN. L. 369, 2014
- Foreclosure
- Tax LawOn January 1, 2020, a new change to Pennsylvania’s Inheritance Tax Law became effective for decedents who pass away as of that date and leave assets to children under the age of twenty-one (21). Under the new law, inheritances from parents to children under the age of 21 will now be taxed at a zero percent rate, effectively passing inheritance tax-free.