Feldstein Grinberg Lang & Mckee, P.C.

Feldstein Grinberg Lang & Mckee, P.C. The alternative to the large law firm. Turn an important decision into your best decision. OUR FIRM
You are our first priority. Your deadlines will be met.

You will get to know the people responsible for your work and always know exactly who is handling it. Your calls and emails will be returned promptly. You will receive uncompromising results. You will work with efficient financial stewards, who practice time-efficient processes. You will have a dedicated team with you, every step of the way. With us, the client is always first. The alternative to

the large law firm, Feldstein Grinberg Lang & McKee, Attorneys at Law, provides the personal attention and expertise required to help you move your way through any challenge - big or small. At the same time, our firm offers a full scope of services, just like the largest firms do. We serve individuals and businesses, including partnerships, family and privately owned businesses, corporations, limited liability companies, and associations. Our individual clients represent a cross-section of life in the tri-state region. Business clients include the following industries: manufacturing, financial, retail, real estate, and clients in a variety of service and high-technology industries. Results Driven, Relationship Driven
At FGLM, we believe that any successful outcome begins with a solid and trusting attorney-client relationship. We serve as your advisor, counselor, and confidant. We want to hear your ideas, discuss your goals, and work seamlessly with you. Our representation does not end with the achievement of a specific assignment. We continue to work with you, to alert you of events that could have an impact on you or your business. In every respect, we believe in taking a proactive approach to help you avoid future legal problems. We also provide progressive opportunities for consideration. This environment of respect and dedication to the firm and our clients is shared
by the firm’s leaders and employees. For over 35 years, our firm’s leaders have created a collegial environment, centered on mutual respect for each other and our clients. This environment of respect and dedication to the firm and our clients has been passed on to all of the firm’s leaders and employees. All of our attorneys, paralegal assistants, and support staff work together to ensure that your work is handled professionally, efficiently, and with your best interests in mind. Some of our attorneys are counselors, some of our attorneys are litigators, and some of our attorneys are both.

08/14/2020

COVID-19 Pandemic Gives New Incentive to Estate Planning
By Edwin W. Russell
The scourge of the coronavirus has brought concern about mortality into sharper focus for many people, encouraging them to put more thought into planning their estates. This includes not only executing a will but also creating advance directives covering emergency healthcare situations. Fortunately, even with the need for social distancing, it is still possible to take these measures with knowledgeable legal assistance.
You don’t necessarily have to meet with an estate planning attorney in person. A telephone discussion may address and resolve many of the issues on which you need guidance. Email allows for the exchange of draft documents and other materials. A face-to-face conference by internet provides the opportunity for discussion as you and your attorney review relevant documents, such as wills, trusts and powers of attorney, in real time.
However, your will and other estate planning documents are not valid until they are properly executed. To make your will self-proving, you must sign it in the presence of two witnesses who must attest to it. Although the Pennsylvania Electronic Transactions Act (PETA) allows for electronic signatures on many documents, it specifically excludes wills and other estate planning instruments. Furthermore, certain documents, such as powers of attorney, require notarization, which also cannot be done electronically. As such, it is necessary to perform these tasks in person, usually at your attorney’s office, with appropriate safeguards such as masks and social distancing.
Still, much of estate planning is comprised of paperwork and decision-making that can be done remotely. You should prepare for each session with your attorney by thinking about what you want to accomplish. Your attorney will ask you a lot of questions about your property and objectives. The better you understand your goals, the better the attorney will be able to make them happen.
If you would like to discuss how to structure the transfer of your property or to manage emergency health situations, call the knowledgeable and responsive estate planning attorneys of Feldstein Grinberg Lang & McKee, P.C. in Pittsburgh, Pennsylvania at 412-471-0677 to schedule a conference.

07/23/2020

How Can You Get a Divorce During the Coronavirus Pandemic?
By: Lisa M. Petruzzi

With the plague of COVID-19 ravaging the nation and quarantine measures still affecting the court system, people may wonder how to go about asserting their legal rights. For instance, what can you do if you want a divorce? You could wait for the lockdown to end and seek marriage counseling, but if you feel your marriage is irretrievably broken, there are ways to forge ahead with divorce proceedings.

Under special rules in effect during the coronavirus emergency, you may be able to avoid having to show up to court. The Allegheny County Court of Common Pleas remains under an emergency operations plan that restricts access to the courts. It provides that, whenever feasible, court proceedings should be conducted by Advanced Communication Technology (ACT), which allows for teleconference hearings over the internet. Moreover, courts can review and grant divorces without a hearing when all required documents are filed with the Department of Court Records.

You may be able to avoid a hearing altogether. If you can put aside the emotion that so often accompanies a divorce and focus on reaching a reasonable settlement, your attorney may be able to help you work out a deal with your spouse on all or most of the salient issues. Another option is mediation, in which a trained professional guides negotiations between the two sides with the goal of working out a settlement agreement. Still another possibility is arbitration before a retired judge or a lawyer experienced in family law issues, which results in a binding decision on disputed issues. Mediation and arbitration sessions can be conducted remotely using teleconferencing technology, with the parties remaining at home or meeting in their respective attorneys’ offices.

If a hearing via ACT is not feasible and alternative methods are unavailing, the divorce proceeding can still go forward. The discovery phase, which involves quantifying assets and debts and gathering other information and documents, occurs out of court. Discussions between attorneys serve to resolve logistical issues. Eventually, a live hearing can be held, using protocols designed to prevent the spread of COVID-19, such as masks or other protective equipment and social distancing.

The family law attorneys at Feldstein Grinberg Lang & McKee, P.C. of Pittsburgh, Pennsylvania can help you get a divorce in spite of the coronavirus quarantine. We will guide you through the court process, deal with your spouse’s attorney and others involved and do our best to make your divorce manageable in these trying times. Call us at 412-471-0677 to schedule a conference.

Please be sure to visit our updated website at https://www.fglmlaw.com for help with your legal needs. Our attorneys ar...
08/20/2019

Please be sure to visit our updated website at https://www.fglmlaw.com for help with your legal needs. Our attorneys are ready to assist you in one of our many practice areas. Contact us today!

08/08/2019

Hot Car Bill

The temperature in your vehicle can rise almost 20º F in just ten minutes, even if the windows are cracked. In twenty minutes, the temperature can rise almost 30º F, and in an hour, the temperature inside your vehicle can be more than 40º F higher than the outside temperature. According to the American Veterinary Medical Association, animals left in cars at these temperatures are at risk of serious illness and even death.

To combat this issue, Pennsylvania legislature passed a bill allowing certain officers and responders to enter vehicles to retrieve pets without facing liability from the owners of the vehicles. Enacted October 2018, no law enforcement officer, animal control officer, humane society police officer, or emergency responder, or the employer of such shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing a dog or cat, if the officer/responder: 1) has a good-faith, reasonable belief that the dog or cat is in imminent danger of suffering harm if not immediately removed from the motor vehicle; 2) makes a reasonable effort to locate the driver of the motor vehicle prior to entry; 3) takes reasonable steps to ensure or restore the well-being of the dog or cat; 4) uses no more force than necessary under the circumstances to enter the motor vehicle; and 5) leaves notice on or in the motor vehicle stating the reason entry was made, the name of the person and of their employer and telephone number, and, if possible, the location where the dog or cat may be retrieved. 18 Pa.C.S. § 8340.3(b). A person is not immune from civil liability for damages resulting from the entry if the person’s actions constitute gross negligence, recklessness, or willful or wanton misconduct. 18 Pa.C.S. § 8340.3(c).

By: Rachel Sekine-Tenny

05/22/2019

Frank Rapp, a partner at FGLM, is the Vice Chair of the Board of Directors of ACH Clearpathways. Frank is seen here auctioning art work created by one of the kids who attended ACH programs, at the annual ACH Jazz Fundraiser. ACH Clearpathways is a nonprofit organization that operates in the Hill District of Pittsburgh and provides a variety of low-cost arts training and programs to the youth in the Hill District.

05/15/2019

Lisa M. Petruzzi, Esquire, along with Robert J. Burnett, Esquire, from Houston Harbaugh, will be presenting a Continuing Legal Education class for the Allegheny County Bar Association on July 24th regarding the issue of Equitable Distribution of Oil, Gas, and Mineral Rights in divorce cases.

08/16/2018

IRS ISSUES PROPOSED REGULATION ON A NEW 20 PERCENT DEDUCTION FOR PASSTHROUGH BUSINESSES

The Internal Revenue Service (IRS) issued a proposed regulation on August 8, 2018 for a new provision know as Internal Revenue Code (IRC) Section 199A. Section 199A of the IRC allows many owners of sole proprietorships, partnerships, trusts and S corporations to deduct twenty-percent of their qualified business income. Please contact us to discuss how these changes affect your individual tax situation.

By: Edwin W. Russell, Esquire

08/08/2018

Pennsylvania Child Support – Part III – Child Support Deviations

This is the third installment in a three-part series. Read the first part, and the second part. [I would recommend linking to the first two parts here]

The final step in determining a child support amount is accounting for any appropriate deviations to the base support amount that was calculated according to the method described in the previous part to this series. There are two types of deviations that the court may order: particularly listed deviations, and deviations that are based on other factors.

Of the particularly listed deviations, the court may deviate from the base support amount to account for child care expenses, health insurance premiums, unreimbursed medical expenses (such as co-pays and co-insurance payments), and mortgage costs. Generally, child care expenses, health insurance premiums, and unreimbursed medical expenses will be apportioned between the parties relative to their incomes. Therefore, the parent with the higher net monthly income will pay more for these expenses. With respect to the mortgage deviation, this is available where the recipient of support is living in the marital residence and the mortgage cost exceeds 25% of the total of the recipient's net monthly income and child/spousal support. The court then may order that the obligor pay a portion of the mortgage payment.

The court may also award a deviation based on a number of factors:

o unusual needs and unusual fixed obligations;
o other support obligations of the parties;
o other income in the household;
o ages of the children;
o the relative assets and liabilities of the parties;
o medical expenses not covered by insurance;
o standard of living of the parties and their children;
o other relevant and appropriate factors, including the best interests of the children.

In considering these factors, the court has discretion to craft an appropriate deviation. Unlike the particularly listed deviations, there is no definitive formula for calculating a deviation based on any of these factors. Ordinarily, child support in Pennsylvania is income-driven and expenses, therefore, are typically not factored into a support award. These provisions for deviation, however, show that there are some instances in which factors other than ordinary income can impact a support award.

BY: John M. Schaffranek, Esquire

06/29/2018

2017 Tax Act Limits 1031 Exchanges

IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange. Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free.

Prior to enactment of the 2017 Tax Act, 1031 Exchanges were available for various types of transactions involving capital assets including real estate, collector cars, works of art and other collectibles. Following enactment of the 2017 Tax Act, 1031 Exchanges are now limited exclusively to transactions involving real estate.

BY: Edwin W. Russell

06/29/2018

Medical Ma*****na in Pennsylvania

Pennsylvania’s Medical Ma*****na Act was signed into law on April 17, 2016. The Act allows patients with diagnosed serious medical conditions and their caregivers to access medical ma*****na through safe and effective methods, including through pills, oils, topical forms, vaporization, tinctures, liquids, and dry leaves, at licensed dispensaries. Serious medial conditions include autism, cancer, Crohn’s disease, epilepsy, glaucoma, HIV/AIDS, Huntington’s disease, multiple sclerosis, Parkinson’s disease, and other terminal illnesses.
Currently, there are twenty-five ma*****na dispensaries that have been opened in Pennsylvania since the Act was passed in 2016. There are three dispensaries in Pittsburgh alone, with the latest opening in the Strip District in late June.
While Pennsylvania’s Act allows access to medical ma*****na, the U.S. Department of Justice has the authority to enforce civil and criminal federal laws relating to ma*****na possession and use under the Controlled Substance Act (CSA). On August 29, 2013, Deputy Attorney General James M. Cole drafted a memorandum issuing guidance to federal prosecutors regarding ma*****na enforcement under the CSA considering the many state laws enacted to legalize medical ma*****na. Pursuant to Mr. Cole’s memorandum, the Department is committed to enforce the CSA but also wants to make the most of its limited resources. As a result, the Department has focused its efforts on 1) preventing the distribution of ma*****na to minors; 2) preventing revenue from the sale of ma*****na from going to criminal enterprises, gangs, and cartels; 3) preventing the diversion of ma*****na from states where it is legal under state law to other states; 4) preventing state-authorized ma*****na activity from being used as a cover or pretext for trafficking; 5) preventing violence and the use of fi****ms in the cultivation and distribution of ma*****na; 6) preventing drugged driving; 7) preventing the growing of ma*****na on public lands; and 8) preventing ma*****na possession or use on federal property. Although it appears that the Department’s focus is not on legally-operating ma*****na dispensaries, Mr. Cole was clear in his memorandum that the federal government maintains the right to enforce federal laws relating to ma*****na regardless of state law.

BY: Rachel Sekine-Tenny

05/09/2018

Pittsburgh’s Bullhook Ban

In December of 2017, Pittsburgh City Council voted to ban the use of bullhooks, electric prods, shocking devices, hacksaws, and other instruments capable of inflicting pain, intimidating, or threating pain for the purpose of training or controlling wild or exotic animals, including elephants, lions, tigers, bears, monkeys, and camels, in the city of Pittsburgh. Each separate act constitutes a distinct offense punishable by a fine not to exceed $1,000 and/or a term of imprisonment not to exceed 30 days. Any person convicted of a violation under the ordinance shall be ineligible for an Amusement License, a Carnival or Street Fair License, or a Special Event Permit under the Pittsburgh Code of Ordinances.

In recent years, similar laws to prevent exotic animal performances have been gaining popularity across the United States. The bullhook is banned in the entire states of Rhode Island and California, as well as many U.S. cities, including Austin, Texas, Miami Beach, Florida, Fulton County, Georgia, and Richmond, Virginia. Other cities, including Boulder, Colorado, Stamford, Connecticut, Jersey City, New Jersey, Greenburgh, New York, Missoula, Montana, Chapel Hill, North Carolina, Burlington, Vermont, and Redmond, Washington, have taken action to stop exotic animal performances by banning the display of exotic animals or circus performances.

Although Pittsburgh’s ordinance has yet to be tested in the judicial system, the threat of punishment under the law appears to have already had an effect. Garden Brothers Circus, a travelling circus whose act includes elephants, was scheduled for six performances at the Petersen Events Center on the University of Pittsburgh’s campus in the month of May. After the University of Pittsburgh Chancellor Patrick Gallagher was informed of the new ordinance, he promptly cancelled all of the shows.

Time will tell if this ordinance will continue to dissuade exotic animal circuses and event arenas from scheduling such performances within Pittsburgh city limits. If not, we will see how strictly the courts enforce the penalties required under the new law.

By: Rachel Sekine-Tenny

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