Category: Articles & Publications

Utilizing the Calm before the Storm – Suggested Steps to be taken in Advance of the Sale of a Closely-Held Business

By Paul T. Rushton, Esq.

The sale of a closely-held business is typically one of the most important and stressful events in a business owner’s life.  The dual challenge of addressing the requirements of selling a business while continuing to operate the business in its ordinary course can perhaps best be described as being in the “eye of a storm.”  This can be particularly true for a closely-held business that is managed by a small number of individuals without the assistance of in-house counsel and/or accountants. However, by taking the following steps before embarking on the sale process (or, in the “calm” before the “storm”, if you will), the owners and managers of a closely-held business can reduce the level of anxiety attendant upon a future sale of the business and minimize the prospects of incurring liability in connection with the sale:  

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Are You Doing Enough To Protect Your Brand Name? Understanding and Utilizing The Protections Afforded To Names And Trademarks.

By: MaryJo Kishel, Esq.*

If you are like most business owners, the protection of your brand name is very important to you.  However, many business owners make the mistake of assuming that they own the exclusive rights to their brand without taking the requisite steps to establish such exclusivity.  For that reason, business owners should take the time to better understand what brand name protections are available under the applicable law and how to obtain them. This article describes the available brand name protections and suggests the ways that business owners should consider and ultimately utilize some or all of such protections.  

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Rushton Articles Featured in PBA Business Law Section Newsletter

A pair of articles prepared by Paul T. Rushton, the Chair of our Firm’s Business & Finance Department, were published in the most recent Pennsylvania Bar Association Business Law Section newsletter. The newsletter can be viewed here.

One of Paul’s articles announced the formation of the Closely-Held Business Committee of the Section on Business Law of the Pennsylvania Bar Association. As the Chair of such Committee, Paul explained in his article the intended purpose and activities of the Committee.

Paul’s article titled “Title Isn’t Everything: Corporate and Tax Issues for Real Estate Investors to Consider Prior to Purchasing an Investment Property” was also included in the Newsletter. Such article identifies corporate and tax issues that real estate investors should evaluate prior to purchasing an investment property in Pennsylvania.

If you have any questions about these articles, please feel free to contact Paul. Paul’s contact information can be found here.

TRAGEDY STRIKES AGAIN ON INTERSTATE 380

Once again, tragedy strikes on Interstate 380 in the Pocono area when an Academy bus and an Xtra tractor trailer collided on June 3, 2015, causing three deaths and multiple injuries on this highway.  Reports indicate that the Academy bus, marked with Viaggidea on it, was transporting Italian tourists to Niagara Falls via Interstate 380. The Citizen’s Voice newspaper reports that the crash occurred on the same stretch of highway in Monroe County where singer Gloria Estefan was injured when a tractor trailer crashed into her tour bus in 1990 while heading to a concert in Syracuse, New York. At Rosenn Jenkins & Greenwald, we are very familiar with the area of the crash. The Chairman of our Personal Injury Practice, Richard A. Russo, was one of the attorneys who represented Gloria Estefan in that crash, as well as multiple crash victims in a more recent bus accident on Interstate 380.

As a result of our experience in handling commercial vehicle accidents, we recognize the importance of moving quickly to preserve significant evidence. We know that buses and tractor trailers are equipped with black box like devices that can record critically important data regarding the cause of the crash, and we know that this data can be forever lost if a victim’s lawyer does not act more quickly to have it preserved. It is vitally important for accident victims to hire an experienced bus and tractor trailer accident lawyer as soon as possible to preserve evidence and protect their rights.

At Rosenn Jenkins & Greenwald, we also are very sensitive to the human aspect of commercial vehicle crashes. We have a deep appreciation for the tragic loss of life and unimaginable harm that often results to entire families from collisions involving huge vehicles like a bus or semi-truck.  Our thoughts and prayers go out to the families of Marco Fornasetti, Rino Guerra and Alfredo Telemaco, as well as to each of the injured victims of this terrible crash.

Ufberg Appointed to State Board

The Times-Tribune – April 28, 2015

By Robert Swift, Harrisburg Bureau Chief

A prominent Wilkes-Barre attorney now sits on a state commission that reviews regulations to make sure they are consistent with the laws that led to them.

Murray Ufberg was named last month by Gov. Tom Wolf to a seat on the Independent Regulatory Review Commission. The commission has been in existence since the 1980s and is composed of five gubernatorial and legislative appointees.
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Judge Max Rosenn, a Giant of the Law

Dedicated. Modest. Influential. Respected. A gentleman in every sense.

The Citizens Voice, February 9, 2006

Judge Max Rosenn was a giant on the Wyoming Valley landscape in every sense of the word.
From being a founder of one of the area’s most prestigious law firms to leading the community in recovering from the Agnes flood, Judge Rosenn’s influence has been tremendous.
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Physician Shortages Override Noncompete Agreements

Claire Turcotte, Esq.
Physician’s News Digest, January 2006

In Wellspan Health v. Bayliss (2005), the Pennsylvania Superior Court held that the public’s interest in access to specialty care was superior to the business interests of a hospital system. Wellspan is also noteworthy because, for the first time, the Court held that a hospital system’s referral base was a business interest that could be protected by enforcing a noncompete agreement (also called a restrictive covenant) against a formerly employed physician.
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