Casualty Litigation Areas of Concentration
Hospitality & Retail
Companies in the hospitality and retail industries require industry-specific legal counsel to evaluate and problem-solve a broad spectrum of possible exposures. Post & Schell’s Hospitality and Retail Practice Group is comprised of attorneys that collaborate closely with hospitality and retail industry clients, providing counsel related to their unique legal needs.
Our hospitality industry clients include:
- National and local owners/operators, management groups and developers of hotels, motels, and resorts
- National chains and individual owners of bar and restaurants, management groups, and franchisees
- National, regional and local providers of food services and facilities management
Our retail industry clients include national and local owners/operators of:
- Discount retailers
- Grocery stores and supermarkets
- Pharmacies
- Department stores
- Warehouse retailers
- Convenience retailers
- Specialty retailers
- Big box retailers
Post & Schell’s multi-disciplinary approach provides a full-range of integrated legal services, including representation and counsel related to:
Business & Corporate:
- Contract and lease review
- Commercial financing and leasing transactions
- Business acquisitions and sales and divestitures of businesses or portions of businesses
- Franchising transactions
- Drafting of business and corporate documentation, including contracts, leases, agreements, and corporate resolutions
Casualty Liability:
- Risk management
- Crisis management
- General and premises liability
- Negligent security
- Food-borne illness
- Bed bug claims
- Dram shop and liquor liability
Employment & Employee Relations:
- Wage and hour compliance and litigation
- Employee and contractor classification
- Discrimination, harassment and retaliation claims as well as claims brought under the Family and Medical Leave Act and for alleged failure to accommodate under the Americans with Disabilities Act and state law
- Advice, counsel and representation in all aspects of employment law including issues relating to and claims brought pursuant a wide variety of statutes, including; Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, The Americans with Disabilities Act (ADA), The Family and Medical Leave Act (FMLA) and state family leave statutes, The Equal Pay Act, The Pennsylvania Equal Pay Act, The Fair Labor Standards Act (FLSA), and The Employee Retirement Income Security Act (ERISA), among others.
- The drafting and interpretation of employee handbooks/manuals
- Formulating, drafting and interpreting human resources policies and procedures
- Employee disciplinary, compensation and termination issues
- Drafting appropriate releases and separation agreements in connection with employee departures
- Providing advice and counsel regarding the interplay of the Family and Medical Leave Act, the Americans with Disabilities Act, as well as state disability workers' compensation laws
- Drug testing
Environmental:
- Pre-acquisition environmental diligence, asset analysis, and risk evaluation in real estate and corporate transactions
- Negotiation of complex agreements allocating environmental and regulatory risks and liabilities associated with the acquisition and divestiture of real estate and corporate entities
- Environmental permitting, auditing, and regulatory compliance counseling
- Brownfield remediation and redevelopment counseling
- Spill and crisis response and remediation
- Environmental health and safety matters (mold, dry cleaning facilities)
- Structuring of specialized insurance lines addressing environmental liabilities
Internal Investigations & White Collar Defense:
- Payroll, income, and other tax compliance
- Pension and union health/benefit fund compliance
- Environmental discharge/waste disposal compliance
- Immigration compliance
- Data protection/breach
- Electronic discovery (e-discovery)
- Embezzlement and other employee misconduct
- Controlled substance abuse/diversion and DEA controlled substance inspections
- Government contracts and procurement matters
Labor:
- Counseling employers in preventive labor relations by assisting in the creation of sound and effective employee policies; by conducting supervisory training; and by helping to create positive communication programs to encourage employees to remain union free
- Guiding employers to successful outcomes in state or federal union-election campaigns, including litigation avoidance
- Defending employers before the National Labor Relations Board and state labor relations boards in representation and unfair labor practice proceedings
- Negotiating collective-bargaining agreements that enhance productivity, foster employer discretion, and minimize unintended costs
- Assisting in labor contract administration and interpretation, including grievance handling and arbitration, as well as affirmative litigation
- Participating in strategic planning to manage the labor relations issues involved with acquisitions, divestitures and plant closures
Tax Controversy:
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Audit Defense
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Administrative Appeals
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Deficiency Actions
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Refund Actions
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Collection Cases
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Non-Filing
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Voluntary Disclosures
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Criminal Tax Matters
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State and Local Tax Issues
Workers' Compensation:
- Provide consulting and risk management services to clients on various ways to reduce workers’ compensation exposure
- Represent Employers, Carriers, and Third-Party Administrators before Workers’ Compensation Judges, the Workers’ Compensation Appeal Board, and The Commonwealth Court of Pennsylvania
- Assist clients in posturing cases for early resolution when needed and via settlement conferences when applicable
- Educate clients on return-to-work programs
Attorneys
- Daniel S. Altschuler
- Jonathan C. Ascher
- Robert J. Balch
- Ian T. Baxter
- Brian W. Bisignani
- Michael A. Boomsma
- Christopher T. Chancler
- John W. Croumer
- John W. Dornberger
- Steven J. Fox
- A. James Johnston
- Stephen C. Jones
- John N. Joseph
- Andrea M. Kirshenbaum
- Ronald H. Levine
- James R. Malone, Jr.
- Paula J. McDermott
- Paul R. McIntyre
- Erika M. Page
- Marc H. Perry
- Abraham J. Rein
- Paul M. Schmidt
- J. Colin Schwartz
- Charles W. Spitz
- Patrice A. Toland
- Sarah C. Yerger
E-Flash View All
- Beware of the ICE: Hospitality and Retail Industries Need to Prioritize Immigration Compliance
- Sex Trafficking Continues to Raise Significant Concerns for the Hospitality Industry
- Proposal Would Make More Pennsylvania Workers Eligible for Overtime
- Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment
- PA Supreme Court: Blood Alcohol Content of Pedestrian Killed in Accident Admissible
News
- Paul M. Schmidt Joins Post & Schell's Environmental Practice Group in the Firm's Philadelphia Office
- Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards
- Patrick C. Lamb Joins Post & Schell as a Principal in the Firm's Casualty Litigation Group
- Post & Schell Elects Attorney Robert J. Balch as Principal
- National Food Service Provider and Commercial Truck Driver Awarded Jury Verdict in Accident Case
Media & Articles View All
- Andrea Kirshenbaum Examines the FLSA Impact of The Tip Income Protection Act for The Legal Intelligencer
- Charlie Spitz Provides Insight to Business Insurance on Sex Trafficking and Hotel Liability
- Andrea Kirshenbaum Examines the Obstacles to Private Resolution of FLSA Claims for The Legal Intelligencer
- Andrea Kirshenbaum Examines Labor Secretary Nominee Andrew Puzder and Potential Impact on Labor/Employment Law for The Legal Intelligencer
- Andrea Kirshenbaum Examines Tip Credit, Tip Pooling, and the Associated Legal Challenges for Employers for The Legal Intelligencer
Speaking Engagements View All
- Sarah Yerger Presents on Best Practices for Sexual Harassment Policies for Pennsylvania Restaurant & Lodging Association Members on April 10
- Rob Balch and John Croumer Present on Dram Shop/Liquor Liability to Lancaster Chamber on May 25
- Andrea Kirshenbaum and Darren Creasy Present on Disruptive Patrons and Employment Law Risk at 2017 Hospitality Law Conference on April 25
- Rob Balch and Ian Baxter Serve as Panelists at Verisk Insurance Solution's Claims Summit 2016 on Sept. 28
- Andrea Kirshenbaum Presents on Pennsylvania Restaurant & Lodging Association Webinar on DOL's Overtime Rules on June 28
White Collar Posts View All
- Liability for What Goes on Behind Closed Doors: Sex Trafficking and the Hospitality Industry's Privacy Tightrope
- FCC Commissioner Seeks Investigation of Wi-Fi Hotspot Limitations at Presidential Debate
- DOJ's New Appetite for Prosecuting Food Companies and Their Executives
- FCC Takes on Hospitality Wi-Fi Management Again: More Sanctions, Unresolved Concerns
- Takeaways for the Hospitality Industry from FDA's Draft Food Labeling Guidance