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January / February 2010
 
 
UPCOMING EVENTS
 
March 4, 2010
Shumaker Williams, P.C. Succession Planning Seminar
 
Presenters:  Keith A. Clark, Reginald S. Evans and David J. Ledermann in conjunction with R.E. Harper Associates, LLC
 
West Shore Country Club
Camp Hill, PA
 
For more information or to register, please contact Roni Eskra at 717.763.1121 or visit www.shumakerwilliams.com
 
March 16-18, 2010
Exhibitor at the 27th Annual Regional Conference of Mortgage Bankers Associations and 20 Hour Pre-Licensing SAFE Act Program "Federal Lending Legislation"
 
Presenter:  J. Steven Lovejoy
Trump Taj Mahal Casino Resort
Atlantic City, NJ
 

March 18-19, 2010

23rd Annual Conference & Workshops on Law Firm Management  & Economics

 

"How to Write & Implement a Law Firm Business Plan and Gain Partner "Buy-in" and

"Utilizing Partners Compensation to:  Keep rainmakers happy with declining revenues; Motivate partners to attract new business from existing and potential clients; Encourage partners to delegate work to others; Transition clients and client work from senior to other partners; Managing the firm and practice areas and train associates"
 

Speaker and Panelist:  Keith A. Clark

 

The Four Seasons Hotel

Philadelphia, PA

For more information, visit www.joelarose.com

 
April 7-8, 2010
Maryland Association of Mortgage Professionals Convention
 
Baltimore Convention Center
Baltimore, MD  
 
May 5, 2010
York Chamber Business & Technology Expo
 
May 12-15, 2010
Pennsylvania Bar Association Convention
 
The Breakers
Palm Beach, FL
 
August 28-31, 2010
Pennsylvania Association of Community Bankers 
 
April 10, 2012
York Business After Hours
 
RECENT EVENTS
 
February 10, 2010
Academy of Professional Mortgage Originator Licensing, LLC 20 Hour Pre-Licensing NLMS Approved Course for Loan Originators "Federal Lending Legislation"
 
Presenter:  J. Steven Lovejoy
Mahwah, New Jersey
 
February 17, 2010
Academy of Professional Mortgage Originator Licensing, LLC 20 Hour Pre-Licensing NLMS Approved Course for Loan Originators "Federal Lending Legislation"
 
Presenter:  J. Steven Lovejoy
Woodbridge, New Jersey
 
February 24, 2010
Academy of Professional Mortgage Originator Licensing, LLC 20 Hour Pre-Licensing NLMS Approved Course for Loan Originators "Federal Lending Legislation"
 
Presenter:  J. Steven Lovejoy
Fort Lee, New Jersey
 
February 24, 2010
Pennsylvania Automotive Recyclers Trade Society Webinar "Succession Planning"
 
Presenter:  Keith A. Clark
Offices

Camp Hill
3425 Simpson Ferry Road       
Camp Hill, PA 17011
Telephone: 717.763.1121
Facsimile: 717.763.7419

Towson
40 W. Chesapeake Avenue
Towson, MD 21204
Telephone: 410.825.5223
Facsimile:  410.825.5426

York
1 East Market Street
York, PA  17401
Telephone: 717.848.5134
Facsimile: 717.848.5125

Email
mail@shumakerwilliams.com

Website
www.shumakerwilliams.com

Editor
Ashley M. Galloway

Editorial Staff
Michele Connor

Publishing/Layout
Jeffrey A. Lee

We believe that providing our clients with timely information on developments in the law will enable them to make effective business decisions. We have dedicated ourselves to providing our clients with current information. This newsletter serves as one vehicle of promptly reporting to our clients.  It is provided at no cost and outside of any professional relationship with a person, entity or file. The information contained in this newsletter is merely the opinions and thoughts of the authors and does not, in any way, constitute legal or professional advice.

 Attorney Advertising
Honesty Is Still the Best Policy: Especially in Business
 
 
 
 
 
By Martin B. Ellis
 
"Honesty is the best policy" is a proverb that goes back as far as we can remember.  Yet as we age, we learn that there may be times when so-called "little white lies" are okay, especially when used to prevent blunt truths from bludgeoning those to whom we were less than honest.  Some even carry this idea into their business relationships.  The Pennsylvania Supreme Court recently issued a "teachable moment" ruling demonstrating how devastating dishonesty in a business context can be.

Complete Article 

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By  Reginald S. Evans

The United States Postal Service ("USPS") has decided to actively and aggressively enforce its "Move Update" rules regarding when USPS will allow substantial discounts for (i) First Class Mail and (ii) standard Bulk Mail to be used by Mailers.  This enforcement potentially affects any business that uses discounted mail to send postcards, envelopes, and packages first class or bulk mail via the USPS.   This enforcement potentially affects any business that uses discounted mail to send postcards, envelopes, and packages first class or bulk mail via the USPS.

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Employer Must Notify Department of Homeland Security of H-1B Employee Termination of Employment
 
 
By  Craig T. Trebilcock & Rebecca W. Munscher
 
 
 
The Administrative Review Board within the Department of Labor ("DOL") has affirmed an administrative law judge's recent decision that an employer must continue to pay an H-1B nonimmigrant even if the employee is no longer performing work and is in a nonproductive status due to a decision by the employer to terminate employment.  However, payment need not be made if there has been a bona fide termination of the employment relationship.  

The employer is required to notify the employee and DHS in writing the effective day of H-1B employee termination
.  
 
 
MER
New Rules Concerning the Family Medical Leave Act Now in Effect
 
 
 

By: Michael E. Rowan

 The Family Medical Leave Act ("FMLA") generally entitles employees to take up to 12 weeks unpaid, job-protected leave in a 12 month period for the birth or adoption of a child, a serious medical condition or to care for a close family member with a serious medical condition.  Throughout the leave, the employer must continue to provide group benefits to the employee, and at the end of the leave, must restore the employee to his or her former position or to a position with equivalent pay, benefits, and terms and conditions. 

For the first time since the FMLA was enacted in 1993, the Department of Labor has extensively revised the regulations relating to the FMLA.  These extensive revisions will affect every employer subject to the law.  The revisions went into effect on January 16, 2009.  Among the more significant changes to the regulations are the following:

John WilliamsThe End of an Era
by Keith A. Clark, Chairman
 
 
We are sad to report that on January 6, 2010, our Firm lost a founding partner and good friend with the passing of John G. Williams.
 
The news of John's death brings back so many memories of the last 40 years at Shumaker Williams.  I also suddenly realized that none of our Firm's current attorneys, other than me, had the benefit of long-term relationships with our founders. 
 
Approximately 46 years ago, John Shumaker, John Williams, and Dick Placey founded our Firm, which after two interim name changes, became Shumaker Williams, P.C. in 1977.  Dick Placey is still alive, practicing law, and a good friend.  John Shumaker, who, after leaving the Firm as a full-time attorney in 1972 became President and General Manager of Penn National Race Course and subsequently a State Senator, passed away in 1999.
 
John Williams remained formally affiliated with the Firm through the late 1980's, although he discontinued the full-time practice of law in the 1970's to focus on private commercial real estate development.
 
Although all three of them discontinued their full-time affiliation with the Firm many years ago, John, John, and Dick represent the foundation upon which Shumaker Williams, P.C. was built.
 
All three were respected "Super Lawyers" in their respective practice areas. 
 
John Shumaker had a strong lifelong connection and dedication to the Greater Harrisburg community, serving in many community and political capacities. 
 
John Williams was an extraordinarily talented business lawyer and a tenacious advocate for his clients.  He utilized these talents in his commercial real estate development business. 
 
Dick Placey remains a preeminent real estate and Orphans Court lawyer.
 
Both Johns lived "big lives" and had strong personalities.  Dick was the even tempered cement that glued the relationship.
 
Although I was originally hired by John Shumaker in 1969, it was only a few weeks after I started with the Firm that I began working primarily with John Williams in the business practice.  He was extraordinarily knowledgeable and talented in that area.   He was one of the most focused individuals I have ever met.  When he determined a course of action, nothing could deter him from that course.  Like many successful people, those strong qualities that made him an exceptional lawyer and businessman, at times could make personal relationships very challenging.  
 
There were times when John and I were like brothers, despite our 13 year age difference.  There were other times when we wouldn't speak to each other.  He was one of those individuals who one minute could be your best friend and supporter, and the next minute his intensity could sorely upset and frustrate you. 
 
But the reality is that he was a wonderful mentor, coach, lawyer, businessman, and friend.  There is no doubt that he had a significant and positive impact upon Shumaker Williams and me.
 
In addition to his legal pursuits, John had many personal and career interests.  He served in the United States Navy and the Pennsylvania Air National Guard.  He taught in the Department of Economics at Dickinson College and at the Dickinson School of Law.   For more than 30 years he was Chairman of the Board of The American Group Companies.  He was a breeder of purebred beef cattle, and an instrument rated multi-engine pilot.
 
Everyone at Shumaker Williams, P.C. sends their sincerest condolences and deep feelings of love and respect to John's wife Grace, his son Kurt, and his daughter Connie.  We miss him.