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

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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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Lee S. Piatt receives the eighth annual Pennsylvania Bar Association (PBA) W. Edward Sell Business Lawyer Award

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Congratulations to Lee S. Piatt! The eighth annual Pennsylvania Bar Association (PBA) W. Edward Sell Business Lawyer Award will be presented to Lee at the 2019 Business Law Institute in Philadelphia on Nov. 21-22. Lee will be the first practicing lawyer outside of Philadelphia and Pittsburgh to receive the award.

The late W. Edward Sell, the award’s namesake, was a driving force behind the enactment of business corporation law in Pennsylvania. Presented by the PBA Business Law Section, the W. Edward Sell Business Lawyer Award honors the contributions to the practice of business law at the highest level, either through the practice of law or through teaching.

Lee has practiced law in Northeastern Pa. for more than 36 years. A partner in the Business and Finance Department of our firm, he represents a diverse mix of businesses, individuals and nonprofit organizations in mergers and acquisitions, financing, corporate organization and governance, succession planning, owner disputes, and business and real estate transactions. An active member of the PBA and its Business Law Section, Lee was instrumental in the founding of the PBA Shale Energy Law Committee, serving as its first co-chair with PBA President Anne N. John. A former chair of the Business Law Section, he has served for a number of years on its Section Council, as well as its Title 15 Committee, which drafts and revises the corporation and unincorporated association laws of the Commonwealth of Pennsylvania, and the Legal Opinion Committee. Lee is also serving on the recently formed Closely-Held Business Committee of the Section. Join us in wishing Lee congratulations on this great honor!

Attorney Robert D. Schaub Secures a Substantial Monetary Award

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SchaubRobert D. Schaub, Chairman of the Rosenn, Jenkins & Greenwald litigation department, recently secured a substantial monetary award for a client.  The client is a large facility management company with multiple locations. The Defendant is a landlord for commercial properties that refused to pay for services rendered.   The matter was litigated by way of private arbitration, and the award was for 100% of the amount sought. 

When litigation is inevitable, turning to a team of trial lawyers with extensive litigation experience is the best way to achieve results. The Litigation Department at Rosenn Jenkins & Greenwald, LLP consists of outstanding attorneys who are knowledgeable in various aspects of litigation. With many years of combined experience, these attorneys offer clients throughout Pennsylvania the skillful and determined representation they deserve to meet their legal needs.

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

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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.  

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

Atty. Russo Again Named to Best Lawyers in America

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We are proud to announce that our partner, Richard A. Russo, has been selected by his peers for inclusion in the 26th Edition of The Best Lawyers in America in the area of Personal Injury Litigation – Plaintiffs.

Rick is the Chairman of our firm’s Personal Injury Practice, where he represents people who have been injured through the fault of another, or who are involved in disputes with insurance companies. Many of you may have seen Rick in RJG television commercials or in Rick’s Tips which appear on FaceBook. Rick handles many different types of personal injury matters, including tractor-trailer, bus, automobile and motorcycle crashes; accidents caused by drunk drivers; and injuries caused by landowner negligence. 

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.  Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 87,000 industry leading attorneys are eligible to vote from around the world, and almost 10 million votes have been received to date on the legal abilities of other lawyers based on their specific practice areas around the world. 

For the 2019 Edition of The Best Lawyers in America, 7.8 million votes were analyzed, which resulted in almost 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Click here to check out Atty. Russo, Rick’s Tips.

R Russo BL 2020

Lee S. Piatt, Esq., elected to the Board of Directors of Northeastern Pennsylvania Industrial Resource Center (“NEPIRC”).

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Congratulations to our Partner, Lee S. Piatt, Esq., upon his election to the Board of Directors of Northeastern Pennsylvania Industrial Resource Center (“NEPIRC”). NEPIRC is a not-for-profit economic development organization that strives to improve the quality of life within an 11-county region of Pennsylvania by providing customized solutions and expert advice to businesses within the manufacturing and other high-growth, good-paying business sectors. Attorney Piatt and the other attorneys in our Business & Finance Department advise senior management and Boards of Directors of for-profit and non-profit entities throughout Northeastern Pennsylvania on matters involving corporate governance, succession planning, real estate and business acquisition, contract review, and other matters. If you would like to discuss issues involving your for-profit business or non-profit entity, contact Lee at 570-826-5600 or lpiatt@rjglaw.com.

NEPIRC President & CEO, Eric Esoda welcomes Lee S. Piatt, Esq.

Lee S. Piatt presents: “Choice of Business Entity.”

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On Thursday, August 22, Lee S. Piatt, Esq., a Partner in our Business & Finance Department, and accountant Anthony J. Buczek, Jr. CPA of Allentown, will present “Choice of Business Entity,” a continuing education seminar for attorneys and accountants sponsored by Wilkes University and the Luzerne County Law & Library Association. The seminar runs from 1-5 PM, and will be held at The Woodlands Inn & Resort. Registration is available at the door or online . RJG’s Business & Finance Department works with clients to address the various issues that arise throughout the lifetime of a business organization, such as selecting the most preferable form of entity, formation and organization of such entity, corporate governance and management issues, transactions, succession, and dissolution. To learn more about the upcoming seminar or the services performed by our Business & Finance Department, contact Lee S. Piatt.

Motion to Dismiss Successfully Defended

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Bob Schaub and TJ Jensen, lawyers with Rosenn, Jenkins & Greenwald’s litigation department, were recently successful in defending a Motion to Dismiss in a federal action pending in the Middle District of Pennsylvania.

The action stems from an alleged breach of lease agreement involving a rock quarry operation. The Motion to Dismiss was filed by opposing counsel in an effort to dismiss a substantial counterclaim filed by Schaub and Jensen on behalf of their client.

Schaub and Jensen will now vigorously pursue their client’s claims for damages.

Fellowship-Church-Dallas-Groundbreaking

Lee S. Piatt, attended and spoke at the groundbreaking as a Member, Elder Chair, and Counsel.

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Lee Piatt – Member, Elder Chair, and Counsel.

Through its people and expertise, Rosenn, Jenkins & Greenwald builds community in Northeastern Pennsylvania. When Fellowship Church, Dallas, Pennsylvania, broke ground for its 3.1 million dollar Legacy of Worship project, our Partner, Lee S. Piatt, attended and spoke as a Member, Elder Chair, and Counsel. Fellowship Church is a Gospel-focused Christian church community serving the Back Mountain and the Wyoming Valley for more than 35 years. The team at Rosenn, Jenkins & Greenwald assisted Fellowship Church with real estate, corporate, and finance aspects of the Project. The new worship center will make room in time for more than 600 worshipers, or roughly twice the current weekly congregation size. Rosenn, Jenkins & Greenwald, L.L.P. has been helping non-profit organizations, as well as businesses and individuals, thrive and expand for more than sixty years.

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Several Rosenn Jenkins & Greenwald employees participated in PurpleStride Northeastern PA

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On June 8th, several Rosenn Jenkins & Greenwald employees participated in PurpleStride Northeastern PA, in support of the Pancreatic Cancer Action Network. The team “Purple Storm” walked in memory of Terri Stashik’s significant other — Mike Savitsky, Esq. as well as family and friends of team members and donors.

Purple Storm placed 2nd in the highest fundraising team category with $8,235 raised by the team, and 3rd in the highest fundraising individual category with $2,295 raised by Terri Stashik.

Way to go Litigation Paralegal Terri Stashik, Litigation Associate Mike Sowinski, Secretary Lisa Machell and Secretary Alyssa Andes. You make us proud.