MaryJo Kishel - Protection of Work Product of Employees and Contractors

Protection of Work Product of Employees and Contractors

Posted by Sam O on

By: MaryJo Kishel, Esq.*

When you’ve invested substantial resources in developing the knowledge and skills of those you employ or engage, you should take action to insure your ownership of the intellectual property produced and discovered by them. Businesses often assume that the work product developed by their employees and contractors are wholly owned by the businesses that employ or engage them. Without including the proper language in an employment or independent contractor agreement and/or an employee policy manual, however, that may not be the case.

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Attention Renters and Property Owners: The Order Suspending Residential Evictions and Foreclosures has Expired

Posted by Sam O on

Pennsylvania’s moratorium on residential evictions and foreclosures for the nonpayment of rent or mortgage payments expired yesterday, August 31, 2020. Accordingly, residential evictions for the nonpayment of rent or holdover of a tenant can commence today, September 1, 2020. Similarly, foreclosures which are subject to the notice requirements of Act 6 and Act 91 (statutory notices required to be sent before residential foreclosures) may also proceed starting today. Importantly, the now expired Order prohibiting evictions and foreclosures did not relieve tenants/mortgagors of their obligation to make rental/mortgage payments during the moratorium period. Therefore, evictions and foreclosures for payments not made during the moratorium period may now commence, as well.

Whether you are a landlord, bank, tenant, business or anyone else looking for help navigating the frequently changing housing laws during this difficult time, please contact Attorney Tom MacNeely at tmacneely@rjglaw.com, Attorney Zachary Berger at zberger@rjglaw.com or call (570) 826-5600). We can help!

Business Owners Should Closely Monitor Guidance to Ensure In-Person Operations Remain Compliant and as Safe as Possible.

Posted by Sam O on

As businesses continue to strive to conduct in-person operations during the pandemic that are both compliant with Government Orders and as safe as possible for employees and customers, owners should closely monitor and review the guidance issued by the Commonwealth of Pennsylvania and the CDC concerning the steps that are required and/or recommended for such in-person operations. To effectively institute such required and/or recommended safeguards, businesses should adopt a formal COVID-19 Response Plan that outlines how the business will conduct in-person operations, including the designation of a “Pandemic Safety Officer” for the business and the posting of required notices at the place of business.


Rosenn, Jenkins & Greenwald, LLP is prepared to assist businesses in adopting a COVID-19 Response Plan and/or reviewing and suggesting revisions to an existing Response Plan that was prepared for such purpose. Please contact Paul T. Rushton, Esquire (prushton@rjglaw.com) or Kieran M. Casey, Esquire (kcasey@rjglaw.com) via e-mail or call (570) 826-5600 if you are interested in learning more about these services.

Ensure Your Business is Complying with the New Safety Orders that Took Effect on July 15th

Posted by Sam O on

On Wednesday, July 15th, Governor Wolf’s Administration issued safety orders which, among other things: (i) prohibited businesses from holding indoor gatherings of 25 or more people; (ii) required businesses “to conduct their operations in whole or in part remotely,” unless not possible to do so; and (iii) placed specific restrictions on bars, restaurants and private catered events, nightclubs, gyms and fitness facilities. Such safety orders took effect as of midnight, Eastern Time, on July 15th.

The attorneys at Rosenn Jenkins & Greenwald are regularly monitoring safety orders and guidance issued by the Wolf Administration which are applicable to Pennsylvania state businesses and non-profits and aimed at addressing the COVID-19 pandemic. Please contact Jim Valentine (jvalentine@rjglaw.com) or Kieran Casey (kcasey@rjglaw.com) if your organization has any questions or requires any assistance with respect to such safety orders and guidance.

If You Have Contracted COVID-19 Due to Workplace Exposure, You May Be Entitled to Workers’ Compensation Benefits

Posted by Sam O on

If you believe that you have contracted COVID-19 at your workplace, you may have the right to file a Workers’ Compensation claim. Depending upon the circumstances, your contracting of COVID-19 may be an Occupational Disease under the Pennsylvania Workers’ Compensation Act. If it can be proven that your contraction of COVID-19 was due to workplace exposure, you will be entitled to Workers’ Compensation benefits. These benefits will include wage loss, medical treatment, including the cost of testing, and any death and/or dependency benefits. Additionally, you may be compensated for any psychological injury you suffered as a result of a COVID-19 workplace exposure.

At RJG, we have experience in handling all types of Workers’ Compensation claims and have lawyers that can represent you during all phases of Workers’ Compensation proceedings. All Workers’ Compensation cases are handled on a contingent fee basis, which means that we only get paid if we are successful in handling your case. If you desire to hear more about these services, please contact Jack Zelinka, Esquire at 570-826-5654 or at jzelinka@rjglaw.com.

Foreclosure and eviction protections extended

The Executive Order Suspending All Residential Evictions and Foreclosures Has Been Extended Through August 31, 2020

Posted by Sam O on

On July 9, 2020, Governor Tom Wolf issued an Executive Order suspending all residential evictions and foreclosures for the nonpayment of rent or mortgage payments through August 31, 2020. This Order extended Governor Wolf’s previous Order concerning the suspension of evictions and foreclosures which was set to expire on July 10, 2020.

Accordingly, residential evictions for the nonpayment of rent or holdover of a tenant cannot commence until August 31, 2020. Similarly, foreclosures which are subject to the notice requirements of Act 6 and Act 91 (statutory notices required to be sent before residential foreclosures) cannot begin until the expiration of Governor Wolf’s Order on August 31st. However, evictions for the breach of other provisions of a lease may be instituted immediately and Governor Wolf’s Order does not suspend the obligation to pay rent and mortgage payments.

If you desire to learn more about Governor Wolf’s Order and the steps that may be taken by landlords and mortgage holders pursuant thereto, please contact Attorney Tom MacNeely (tmacneely@rjglaw.com), or Attorney Zachary Berger (zberger@rjglaw.com) of our Real Estate Department. We can help!

Paycheck Protection Program Extension

PPP Loan Applicants: The New Deadline for Loan Applications is August 8th

Posted by Sam O on

The popular Paycheck Protection Program (the “PPP”) administered by the Small Business Administration has been extended for another five weeks, postponing the June 30th deadline for PPP loan applications until August 8th. Since the PPP began, more than 4.8 million small businesses received over $500 billion in potentially forgivable loans through the PPP and reports indicate that approximately $130 billion in PPP funds remain available to eligible small businesses. The remaining funds are available on a first-come, first-served basis, so businesses interested in applying for PPP funding should proceed with urgency.

If your business has yet to obtain funding through a PPP loan, the Business & Finance Department at Rosenn Jenkins & Greenwald LLP is ready to assist you in determining your eligibility for PPP funding and the amount your business is eligible to borrow. Please contact Department Chair Paul T. Rushton (prushton@rjglaw.com), Christyan A. Telech (ctelech@rjglaw.com), or one of the other attorneys in our Business & Finance Department to learn more about the PPP and the assistance we can provide with PPP loans and forgiveness applications.

RJG Blog - COVID Green Phase

Moving to the Green Phase: Learn about the Restrictions that Remain in Place

Posted by Sam O on

On June 12th, Governor Tom Wolf announced that eight more counties, including Luzerne County, will move to the green phase of reopening under the Governor’s Process to Reopen Pennsylvania on June 19th. Although certain restrictions aimed at combating COVID-19 are eased for a county that enters the green phase, there are still a number of restrictions that must still be adhered to by businesses and/or citizens in the county during the green phase, including certain work setting restrictions and social restrictions. Accordingly, as businesses in Luzerne County plan for the green phase, they must closely review the applicable restrictions under the Governor’s Process to Reopen Pennsylvania and tailor their practices to comply with those requirements.

Rosenn, Jenkins & Greenwald is prepared to assist businesses as they address these novel and important issues. If you are interested in learning more about these services, please contact Paul Rushton, the Chair of RJG’s Business & Finance Department (prushton@rjglaw.com), or Christyan Telech (ctelech@rjglaw.com) of our Business & Finance Department.

When Preparing PPP Loan Forgiveness Applications, Follow Available Guidance from the SBA

Posted by Sam O on

As recipients of Paycheck Protection Program loans (“PPP Loans”) proceed to prepare their PPP Loan Forgiveness Applications, close attention should be paid to the instructions for the Application that were recently published by the Small Business Administration (“SBA”) and the other available guidance from the SBA. In order to maximize the portion of the PPP Loans that may be forgiven, a PPP Loan recipient should carefully analyze such instructions/guidance and prepare their PPP Loan Forgiveness Application in strict accordance therewith.

The attorneys at Rosenn Jenkins & Greenwald are regularly monitoring the PPP Loan guidance and regulations issued by the SBA and the U.S. Department of Treasury in order to assist clients in administering their PPP Loans and obtaining available loan forgiveness. Please contact Jim Valentine (jvalentine@rjglaw.com) or Kieran Casey (kcasey@rjglaw.com) if you have questions or require any assistance in preparing a PPP Loan Forgiveness Application or otherwise administering a PPP Loan.

Restaurants and Bars in Yellow Phase Counties can Open Outdoor Seating Beginning on June 5th

Posted by Sam O on

Restaurant and Bar Owners: Governor Wolf has announced that, beginning on June 5th, restaurants and retail food service businesses located in counties in the “yellow phase” of the Process to Reopen Pennsylvania are permitted to add dine-in service in outdoor seating areas, provided that the restaurant complies with Commonwealth guidance for the restaurant industry. Further, retail food service businesses, including restaurants and bars, located in counties in the “green phase” are now permitted to provide dine-in service in both indoor and outdoor seating areas, so long as they strictly adhere to the requirements of the Commonwealth guidance. To read more about Governor Wolf’s announcement, click here: https://www.governor.pa.gov/newsroom/gov-wolf-issues-updated-green-phase-order-guidance-on-dining-and-professional-sports/.

If you operate a restaurant or bar and would like to learn more about the steps that must be taken to comply with the Commonwealth’s guidance for the restaurant industry, please contact Paul Rushton (prushton@rjglaw.com) or Christyan Telech (ctelech@rjglaw.com) of our Business & Finance Department. We can help!