Burns White Cuts Ribbon on Corporate Headquarters

Burns White, in conjunction with Oxford Development Company, cut the ribbon on its new corporate headquarters in Pittsburgh’s Strip District neighborhood.

Known as Burns White Center, the firm’s new headquarters at 3 Crossings, a new neighborhood development, is a 110,000 square-foot building along Railroad Street and the Allegheny River. Burns White is the sole tenant of the facility.

“The move to 3 Crossings in the Strip District is an exciting step for Burns White as we continue to grow our business and footprint as an employer in Pittsburgh and beyond,” said David B. White. “We wanted a new and innovative space to accommodate the firm’s growth, creating a place that serves both our business and staff needs, while ultimately benefiting our clients.”

Burns White’s new space is different than more traditional law firm spaces, reflecting the needs of today’s workforce with a state-of-the-art building that focuses on collaborative work spaces, increased employee interaction, and efficiencies clients are looking for today. Additional amenities, such as a professional-grade fitness center and cafe with outdoor seating, provide places for employees to gather.

Burns White Center is part of the revitalization of a new and exciting corporate destination. The building is designed, and built to USBGC LEED Silver standards (certifications pending).

Burns White Appoints Attorneys Schadel and Sargent to Serve as Firm’s Counsel

Burns White has appointed attorneys James R. Schadel as General Counsel, and Amanda H. Sargent as Associate General counsel for the law firm, effective immediately. In their new roles, Schadel and Sargent will evaluate potential firm conflicts, offer guidance on ethics issues, review firm contracts, and represent firm interests as appropriate. Schadel and Sargent will report directly to the firm’s five-member Executive Committee.

“Burns White is committed to the effective and principled practice of law. The appointment of these two talented legal professionals to serve as the firm’s counsel reinforces this commitment to our firm and the clients we serve,” said David B. White. “We are very pleased that Ms. Sargent and Mr. Schadel will guide the firm in these import, newly-created positions.”

Mr. Schadel has devoted the majority of his practice to defending lawyers and other professionals in liability matters and ethics defense. He is frequently asked to speak on the topics of legal malpractice, lawyer ethics, and risk management by various bar associations and legal organizations, and is an active member of the Pennsylvania Bar Association’s (PBA) Lawyers’ Professional Liability Committee, the PBA and Allegheny County Bar Association’s (ACBA) ethics committees, and ACBA Lawyer Insurance Committee. Additionally, he serves on the PBA House of Delegates and the Board of Governors for the ACBA.

Ms. Sargent is an experienced litigator who advises companies on product distribution and products liability matters, as well as on risk management tactics, risk avoidance techniques, and regulatory compliance issues. She represents a wide range of clients in a variety of industries, and has concentrated her practice on transportation law, general liability, and business matters, including contracts entity formation, and business disputes. Ms. Sargent also serves on the Burns White Mentoring Committee, aiding in the professional development of attorneys within the firm; is the co-chair of the firms Pro Bono committee overseeing service activities; and assists in firm recruitment by participating in on-campus interviews and mock interviews of law students.

Burns White Attorney, Ahsan A. Jafry, Named Leadership Council on Legal Diversity Fellow

Burns White attorney, Ahsan A. Jafry, has been selected as a Fellow to participate in a nationally recognized program created by the Leadership Council on Legal Diversity (LCLD). In his role as a Fellow, he will be trained to help identify, educate, and advance the next generation of leaders in the legal profession.

According to LCLD President, Robert J. Grey, Jr., the Fellows Program offers high-potential attorneys “an extraordinarily rich year of relationship-building, in-person training, peer-group projects, and extensive contact with LCLD’s top leadership.” The goal of the year-long, professional development program is to produce a generation of attorneys with strong leadership and relationship skills who are committed to fostering diversity within their institutions and the legal profession at large.

“Mr. Jafry is extremely deserving of this honor. We are pleased that he will have the opportunity to participate in this program, and impact the legal profession with his insights and experiences with diversity,” said David B. White, executive committee member of Burns White. “He joins a select group of talented attorneys, from diverse backgrounds, recognized for their potential as leaders at their organizations, and within the communities which they serve.”

Mr. Jafry’s practice consists of defending physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities, and other medical providers in medical malpractice matters. Outside of private practice, Mr. Jafry was appointed by the Chief Justice of the New Jersey Supreme Court to serve on its Committee on Model Civil Jury Charges, and is an Adjunct Professor of Law at Rutgers School of Law – Camden, where he teaches trial advocacy. He is an active member of the Asian Pacific American Lawyers Association of New Jersey, and the South Asian Bar Association of New Jersey, and has served on the board of the New Jersey Muslim Lawyers Association. Additionally, Mr. Jafry is active in numerous diversity initiatives in the community.

Founded in 2009, LCLD is a growing organization of more than 260 corporate chief legal officers and law firm managing partners who are personally committed to creating a more diverse and inclusive legal profession. The LCLD Fellows program, which has trained more than a thousand mid-career attorneys since 2011, is one of LCLD’s most important initiatives. For more information on the LCLD, visit: www.lcldnet.org.

OSHA Temporarily Delays the Effective Date of the Beryllium Rule

The Occupational Safety and Health Administration has temporarily delayed the effective date of its final rule on occupational exposure to Beryllium from March 10, 2017 to March 27, 2017. This 11-day extension will not impact the compliance dates of the Beryllium rule.

The Beryllium rule reduces the permissible exposure limit (PEL) for Beryllium to 0.2 micrograms per cubic meter of air, averaged over 8-hours, and sets a new short-term exposure limit for Beryllium of 2.0 micrograms per cubic meter of air, over a 15-minute sampling period. Upon taking effect, employers will be required to use engineering and work practice controls to:

  • limit worker exposure to Beryllium
  • provide respirators
  • limit worker access to high-exposure areas
  • develop a written exposure control plan, and
  • train workers on Beryllium hazards

The general industry, shipyard, and construction sectors have one year from the original effective date, or until March 12, 2018, to comply with most of the requirements. All sectors have two years, or until March 11, 2019, from the original effective date to provide any required change rooms and showers, and three years, or until March 10, 2020, from the original effective date to implement engineering controls.

This delay in implementation is in accordance with White House Chief of Staff, Reince Priebus’s, memorandum entitled “Regulatory Freeze Pending Review,” issued on January 20, 2017. The memorandum instructs executive agencies to withdraw regulations that have been sent to the Office of the Federal Register but not yet published, and to stop submitting regulations for publication. The Presidential directive requires heads of executive agencies temporarily to postpone the effective dates of pending unpublished regulations for 60 days from the date of the memorandum. Executive agencies are also directed to review any pending regulations that have already been finalized but have not yet taken effect.

It should also be noted that regulatory freezes during a change in administration are not unusual. The former administration issued a similar memorandum upon taking office in 2009. This most recent directive, however, appears to be the first step in President Trump’s effort to eliminate two regulations for each one proposed. Meanwhile, as the nation awaits the confirmation of President Trump’s Cabinet nominees, it is unclear how long the temporary freeze will last. These measures, nevertheless, suggest that President Trump seeks to provide some relief to employers concerned about the burden and expense of complying with, what he has characterized as, overly-burdensome regulations.

If you have any questions about the temporary delay, please contact any attorney in Burns White’s Occupational Safety and Health Group.

 

Burns White adds new partner with energy and professional liability practice to Wheeling office

WHEELING W.V., Feb. 1, 2017 — Burns White announced the addition of experienced trial attorney and litigator Phillip T. Glyptis as a Member of its Wheeling office. His practice is focused on energy, professional liability and employment-related litigation.

Prior to joining Burns White, Mr. Glyptis was a Member at the international law firm, Steptoe & Johnson PLLC, where he handled complex litigation.

“Phillip’s diverse practice is an excellent complement to our core service areas in Wheeling,” said Anthony C. Sunseri, Managing Member of the Wheeling office. “He will be a great asset to our clients, and we are pleased to have him on our team.”

Mr. Glyptis felt that Burns White offered the best platform to serve his clients, especially those in the energy and healthcare industries, efficiently and effectively. “I am thrilled to join a phenomenal team of attorneys who are known for their zealous representation of their clients, for offering sound legal advice and the kind of creative, informed, personal and business-focused counsel that clients value,” he said.

Mr. Glyptis brings more than 13 years of diverse complex litigation experience representing energy and healthcare clients before state and federal courts in West Virginia, Ohio and Pennsylvania. His energy practice involves the defense of an array of energy clients— from midstream companies through operators— in a wide range of matters, including lease litigation, premises liability, class action royalty lawsuits and wrongful death actions. In addition, Mr. Glyptis defends physicians, nurses, long-term care facilities, hospitals and other healthcare providers in medical malpractice litigation. He also has experience in commercial litigation, products liability, employment liability, workplace liability and insurance matters.

 

Burns White promotes six attorneys to membership status

PITTSBURGH, Dec. 15, 2016 — Burns White LLC is pleased to announce the promotion of six attorneys to Member, effective Jan. 1, 2017. These attorneys, who are based out of offices in Pittsburgh, Philadelphia and Cherry Hill, N.J., have practices spanning bankruptcy, commercial, healthcare and long-term care, workers’ compensation, professional liability and insurance litigation.

Pittsburgh

William M. Buchanan joined Burns White in 2011 as an Associate practicing in healthcare and long-term care litigation, and bankruptcy and creditor rights litigation. A native of Indiana, Pa., Mr. Buchanan graduated from Duquesne University School of Law.

An Associate at Burns White since 2010, Joseph C. Romano focuses his work on the defense of employers ranging from small family-owned businesses to Fortune 500 companies and insurance companies in workers’ compensation litigation in Pennsylvania. Mr. Romano graduated magna cum laude from Duquesne University School of Law.

Stephanie Solomon became an Associate at Burns White in 2010. She concentrates her practice in commercial and professional liability litigation. Ms. Solomon is experienced in all facets of insurance defense and has a particular emphasis on the defense of products liability claims. She also Co-Chairs the firm’s Retail and Hospitality Group. Ms. Solomon received her Juris Doctorate from Duquesne University School of Law.

Daniel J. Twilla joined Burns White when the firm merged with Dapper, Baldasare, Benson, Behling & Kane, P.C. earlier this year. His practice is focused in the areas of insurance bad faith, insurance coverage and commercial litigation. Mr. Twilla graduated from the University of Pittsburgh School of Law cum laude.

Philadelphia

An Associate at Burns White since 2012, Anne Schmidt Frankel defends hospitals, physicians and long-term care facilities against professional and general liability claims. She also represents these clients in premises liability, corporate liability and employment matters. Ms. Frankel received a Juris Doctorate from Widener University School of Law.

Cherry Hill, N.J.

Brian D. Pagano joined Burns White in 2010. His litigation practice is focused on long-term care, medical and nursing home malpractice defense. Mr. Pagano obtained his Juris Doctorate from Rutgers University School of Law.

Burns White welcomes 14 Associates to offices in Pittsburgh, Philadelphia and Wilkes-Barre

PITTSBURGH, Nov. 30, 2016 — Burns White LLC welcomes 14 Associates with practices spanning energy, healthcare and long-term care, Medicare compliance, trucking litigation and workers’ compensation to its offices in Pittsburgh, Philadelphia and Wilkes-Barre, Pa.

Pittsburgh

Energy

Nicholas D. Cooper brings a seasoned background in real estate transactions and litigation to the Energy Group at Burns White, where he focuses his practice on due diligence review, title curative measures, certified title opinions, and landowner disputes and other land-related litigation. Prior to joining Burns White, he worked as the Director of the Land Legal Department at an independent exploration and production oil and gas company and managed a team of 12 in-house title reviewers and title analysts that facilitated large acquisitions of land acreage in Pennsylvania and Ohio. Mr. Cooper graduated from the University of Akron School of Law.

Healthcare and Long-Term Care

Jessica M. Jurasko focuses her practice in the areas of medical malpractice, healthcare, employment and general liability litigation. She defends nursing homes, home healthcare organizations, hospitals, individual medical professionals and other executives in professional, general and premises liability claims. A seasoned litigator with a diverse practice, Ms. Jurasko has more than 10 years of experience handling all phases of litigation and case management in construction litigation, occupational safety and health, labor and employment, complex insurance coverage and corporate contractual disputes. She received a J.D. from Duquesne University School of Law.

Tara Param defends nursing homes, hospitals, physicians and other healthcare providers in medical malpractice and nursing home litigation. Originally from Leeds, England, Ms. Param gained experience in a wide range of civil law matters, including those involving labor and employment, personal injury, immigration and tax law, through summer law clerk positions she held in both the United States and in England. Ms. Param graduated from Cornell Law School, where she served as Managing Editor of the Cornell Journal of Law and Public Policy.

Medicare Compliance

Bridget L. Smith concentrates her practice in Medicare compliance issues that arise in workers’ compensation and general liability settlements. Prior to joining Burns White, Ms. Smith served as one of the Founders and Vice Chair of a Medicare corporate compliance practice at a midsized, Pittsburgh-based defense firm. Throughout her 14 years there, she assisted clients in developing procedures to address Medicare and Medicaid issues that arise in the litigation and workers’ compensation process. Ms. Smith also provided in-house training to employers and defense counsel on compliance issues. She received a J.D. from Duquesne University.

Trucking Litigation

Claire M. Milinski has a diverse commercial litigation practice, with a focus on trucking litigation, automobile liability, premises liability and products liability. Prior to joining Burns White, Ms. Milinski held several law clerk positions involving motor vehicle accident, premises liability, insurance bad faith, workers’ compensation and family law matters. She graduated from the University of Pittsburgh School of Law, where she received the CALI Award for Litigation Strategy and Planning and participated on the mock trial team.

Workers’ Compensation

Bryon M. Chowka defends insurance companies, self-insured employers, and third-party administrators in workers’ compensation claims. Prior to joining the group, Mr. Chowka worked at Burns White as a law clerk where he conducted legal research and drafted motions and other documents for all practice groups. He is a graduate of the University of Pittsburgh School of Law. While in law school, he served as a volunteer judge for the American Mock Trial Association, and competed in various moot court competitions at the university and national levels.

Asra Hashmi defends insurance companies, self-insured employers, and third-party administrators in workers’ compensation claims. Ms. Hashmi received a J.D. from Duquesne University. While in law school, she focused her studies on Civil Litigation and received several accolades and awards for her achievements in trial advocacy.

Paul A. Kush defends self-insured employers, insurance companies and third party administrators in Pennsylvania against workers’ compensation claims. Prior to joining Burns White, Mr. Kush held a Judicial Law Clerk position for Judge Thomas M. Bianco of the Court of Common Pleas, Indiana County, Pa. Mr. Kush received a J.D. from Duquesne University School of Law.

Philadelphia

Healthcare and Long-Term Care

Lakeisha R. Fields focuses her practice on nursing home, assisted living and medical malpractice defense matters. Prior to joining the firm, Ms. Fields served as an Assistant District Attorney supervising the Juvenile Division of the Philadelphia District Attorney’s Office. In this role, she managed more than 40 attorneys and interns providing guidance and feedback on case preparation and presentation while maintaining a full caseload. Ms. Fields graduated from the University of Wisconsin Law School.

Emily G. Madden defends hospitals, physicians and other hospital staff in major medical malpractice matters. Prior to joining Burns White, Ms. Madden practiced with Aaronson Rappaport Feinstein & Deutsch, LLP in New York City, with a focus on medical malpractice defense. Ms. Madden graduated from Brooklyn Law School.

Evan G. O’Connor defends nursing homes, healthcare facilities and medical professionals in nursing home and medical malpractice claims. Prior to joining Burns White, Mr. O’Connor was a Law Clerk for Judge Denis Cohen of the Pennsylvania Court of Common Pleas, where he handled a wide variety of matters including medical malpractice, professional liability, mortgage disputes and employment matters. Mr. O’Connor graduated, cum laude, from Boston College Law School.

Workers’ Compensation

Jonathan D. Landua defends self-insured employers, insurance companies and third party administrators in Pennsylvania, New Jersey and Delaware against workers’ compensation claims. Prior to joining Burns White, Mr. Landua served as a Judicial Law Clerk for the Delaware Court of Common Pleas. He graduated from Widener University School of Law.

Ashley N. Waring defends self-insured employers, insurance companies and third-party administrators in Pennsylvania and New Jersey in workers’ compensation litigation. Prior to joining Burns White, Ms. Waring was an Associate Attorney at an employment rights law firm, handling employment discrimination, wage and whistleblower claims. She graduated from Wake Forest University School of Law.

Wilkes-Barre

Healthcare and Long-Term Care

Joseph C. Ruby handles professional liability, medical malpractice defense, general liability and employment law matters. Prior to joining Burns White, Mr. Ruby clerked for President Judge Richard M. Hughes III of the Luzerne County Court of Common Pleas. Mr. Ruby graduated from the University of Pennsylvania Law School.

Burns White attains 13 rankings in the 2017 U.S. News Best Law Firms Survey

US News & World Report Best Law Firms 2017 Silver LogoPITTSBURGH, Nov. 1, 2016 — Burns White earned 13 rankings in the 2017 U.S. News Media Group and Best Lawyers® “Best Law Firms” survey. Most notably, the firm received a national first-tier ranking in railroad law for the seventh year running and a national tier two ranking in mass tort litigation/class actions — defendants.

Other results included the following metropolitan rankings for Pittsburgh:

  • Tier 1: Insurance law, legal malpractice law — defendants, litigation — labor & employment, mass tort litigation/class actions — defendants, medical malpractice law — defendants, personal injury litigation — defendants, railroad law and workers’ compensation law — employers
  • Tier 2: Commercial litigation and media law
  • Tier 3: Litigation — construction

Rankings are based on a rigorous evaluation process that includes a collection of client and lawyer evaluations and peer review from leading attorneys in their fields nationwide. Those surveyed provided feedback on the individual practice group’s expertise, responsiveness, understanding of business needs, cost-effectiveness, civility, integrity and likelihood of referral.

To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America© listing, which recognizes the top four percent of practicing attorneys in the United States. The 2017 list was based on more than 7.3 million votes that were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Click here for more information on the 15 Burns White attorneys included in The Best Lawyers in America© 2017.

A complete listing of law firm results is available online: http://bestlawfirms.usnews.com, while the national first-tier rankings will be published in the “Best Law Firms” Legal Issue, and national and metropolitan first tier rankings will be featured in the “Best Law Firms” General Counsel publication.

For more information on Burns White and its 25 practice areas, including Employment, Healthcare and Long-Term Care, Litigation, Products Liability and Toxic Tort, Professional Liability, Railroad Law, Insurance Coverage and Extracontractual Litigation and Workers’ Compensation, visit the firm’s website at www.burnswhite.com.

ATTORNEY BLOG: What happens to a homeowner’s association’s unpaid assessments when the mortgage company forecloses against the unit?

By: Craig A. Goddy, Esq.

One of the questions the Real Estate and Property Services team often gets asked by the homeowner’s associations and condominium associations we represent is, “What happens to the association’s unpaid assessments when the mortgage company forecloses against the unit?”

Unfortunately, mortgage foreclosure actions are a fairly common occurrence in many communities in Western Pa. A representative of the association may receive a notice of mortgage foreclosure on behalf of the association or learn that a bank is and/or has foreclosed against a unit in your community. Generally speaking, a mortgage foreclosure sale extinguishes all liens which are second and/or junior to the foreclosing party’s lien unless specifically preserved by statute. However, certain amounts due are protected under the Pennsylvania Uniform Condominium Act and the Uniform Planned Community Act.

The Pennsylvania Uniform Condominium Act and the Uniform Planned Community Act each contain provisions which protect a portion of the association’s lien against a unit when the unit is the subject of a mortgage foreclosure action. The assessments which come due during the six-month period immediately preceding the date of the mortgage foreclosure sale are not extinguished and continue as a lien against the property unless such assessments are paid out of the proceeds of the foreclosure sale. The association is entitled to the collection of those amounts incurred during this six-month period despite the sheriff’s sale of the property.

The collection of the outstanding lien depends upon whether the property was sold to a third party or taken back by the bank. So after the sheriff’s sale, the first thing an association needs to determine is the identity of the new owner of record to ensure that the it is communicating with the proper party in connection with the collection of the outstanding lien against the unit. If the property is sold to a third party at the sheriff’s sale, the association may look to the sheriff’s office to collect the lien through the distribution process (assuming any funds are available). On the other hand, if the property is taken back by the mortgage holder (typically a bank), the association may pursue the collection of the lien via contacting the foreclosing attorney and/or directly against the bank as the new owner of the unit.

With respect to the balance of the association’s unpaid assessments that are not protected by statute, the lien is extinguished against the unit only. However, the prior unit owner remains personally liable for the unpaid amounts. This means that the association may be entitled to pursue an action against the prior unit owner for the balance of the lien (i.e., the difference between the total outstanding delinquency and the six-month portion of the lien). The association should consider securing a judgment against the former unit owner for the balance in order to preserve its right to collect in the future.

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