- Child SupportIndividuals with children under the age of 30 often include Child Support Trusts as a component of their Will. Rather than making a direct distribution to a child, it is common to leave the distribution to an adult person serving as Trustee for the child with the direction to use it for support, maintenance and college expenses. The Child Support Trust provisions are critical for children under 18 because Pennsylvania law requires either a restrictive bank account or court proceeding to separately establish a Trust for minors. It is also useful to include the Child Support Trusts for children in their twenties so parents can be assured that the money will be used for proper purposes until a Trustee determines that financial management is no longer necessary. As part of many estate plans, it is also necessary to have beneficiary designations for life insurance policies, retirement assets and individual retirement accounts designate the Child Support Trust as a beneficiary, rather than directly name the child as the beneficiary. Otherwise, the child inheriting can request the distribution in a lump sum outside of the restrictive and protective trust provisions.
- GuardianshipEach of our attorneys have substantial experience preparing wills, living wills and powers of attorney. We counsel clients on medical assistance eligibility planning and prepare a wide range of trust documents, including supplemental needs trusts. In the administration area, we provide counsel to personal representatives of estates and trustees. Our litigation experience includes will contests, contested guardianship appointments, and breach of fiduciary duty claims against agents serving under a power of attorney.
- Criminal DefensePaul Kay was born in McKeesport, Pennsylvania on May 29, 1963. He is currently a resident of Whitehall, Pennsylvania. He was admitted to the Bar of Pennsylvania in 1988. He graduated from the University of Pittsburgh, cum laude, in 1985 and received his law degree from the University of Pittsburgh in 1988. While attending the University of Pittsburgh, he served as a research assistant to Criminal Law Professor, Welsh White, and after graduation has served as a practicum teacher for Advanced Criminal Procedure at the University of Pittsburgh School of Law. Paul's area of practice is focused on criminal defense and personal injury.
- DUI/DWI
- MisdemeanorsM&K has counsel with experience in all areas of criminal defense. Our representation includes counseling clients subject to investigation, defense of misdemeanor and felony charges, and appellate litigation seeking to overturn convictions. We strive to resolve all charges against each client at the earliest time possible, and rely on our history and experience of dealing with prosecuting attorneys to resolve most matters without the need for trial.
- Business FormationAn Operating Agreement for a limited liability company outlines the ownership rules for the company, including voting rights, admission of new members, capital accounts, delegation of duties and elections for taxation. It is an important document to establish that the company is following the required formalities necessary to keep it as a separate entity from its individual owners. This separation allows the individual owners to limit their liability to their interest in the company without exposing their personal assets to the debts and liabilities to the company. Operating Agreements should be established at the commencement of the business formation and amended as necessary throughout the existence of the business.
- Business DisputesOver the past 20 years, both mediation and arbitration have become increasingly popular methods of alternative dispute resolution due to the increasing costs and risks associated with court trials. Our attorneys regularly participate in both mediations and arbitrations as advocates for clients on cases involving personal injury, business disputes, construction disputes and employment matters.
- Business TransactionsA Confidentiality Agreement or Non Disclosure Agreement, often known as a NDA, is often used in connection with a pending or potential sale of a business so that both parties can promise each other that any information about the business or the purchase terms conveyed to any party will remain private to respective parties. These agreements are also necessary in negotiating certain business transactions for the purchase of materials and services where it will be detrimental to the buyer or seller to have a competitor learn about the details of its products or operations.
- Limited Liability Companies
- Wrongful TerminationOur attorneys represent numerous small and medium size business entities in a wide array of litigation matters. On the plaintiff side, our work often consists of filing suit, as necessary, to enforce collection rights or obtain damages for breach of contract. On the defense side, we have substantial experience defending and consulting on employment matters, including age discrimination, sexual harassment and wrongful discharge. We also represent clients in lawsuits involving commercial leases, employment contracts and non-compete agreements.
- Employment Discrimination
- Employment ContractThe firm's business transaction service includes entity registration and formation documents for corporations, partnerships and limited liability companies. Additional work includes contracts with vendors and customers, employment agreements and shareholder/member agreements relating to ownership rights.
- Non-compete AgreementUnder Pennsylvania law, employees are considered an "employee at will", which means that an employee may be hired or fired for any reason or no reason at all, absent a violation of a statute or employment agreement. Business entities use Employment Agreements as incentive to attract key employees and provide them with a stated term of promised employment in exchange for certain compensation and other benefits. Employment Agreements are also used to limit an employee's ability to compete with his or her employer during their term of employment and for a reasonable period of time after employment. These provisions are often called Non-Compete Agreements or Restrictive Covenants and are important in competitive business industries where customers develop personal relationships with the employees serving the customer. Employment Agreements can also be used to define and clarify the company's confidential information that cannot be disseminated by employees before and after their term of employment.
- Sexual Harassment
- Construction LitigationMerchant & Kay's business practice includes representation on construction related matters for homeowners, contractors, architects and engineers. Our attorneys have trial experience successfully defending and pursing claims in excess of $1,000,000.00. In addition to litigation, we serve numerous clients through preparation and consultation on contracts ranging from multi-million dollar commercial projects to single family residences. We are able to rely on a well developed network of consulting engineers, architects, and contractors to assist in the evaluation and resolution of construction claims.
- Real Estate TransactionsAgreements of Sale are necessary for the sale of residential and commercial real estate. In addition, they are necessary in connection with the sale of a business, and sometimes the sale of a partial ownership interest in a business or a portion of a business's assets. While most residential real estate transactions are handled with real estate agents using standard forms, it is worthwhile to have an attorney review the standard form to determine if necessary contingencies or other requirements are included in the Agreement. The Agreement of Sale must also deal with prorating prepaid real estate taxes or other expenses paid relating to the property. When used in connection with the sale of a business, Agreements of Sale usually only form part of a transaction which requires other documents necessary to settle all of the issues surrounding a sale, including taxation and employment.
- Personal InjuryIn addition, Chuck Merchant has served as an Arbitrator for the American Arbitration Association since 1994 with experience resolving construction, business ownership and home owners association disputes. He is currently appointed as a mediator for the roster of neutrals for the United States District Court for the Western District of Pennsylvania for the purpose of handling business, employment and personal injury matters. Our experience serving as a neutral in alternative dispute resolution cases, as well as our trial experience, enhances our ability to advise clients about their options and the likely results of litigation.
- Estate PlanningChuck is currently a mediator for the roster of neutrals for the United States District Court for the Western District of Pennsylvania and an Arbitrator and member of the Construction Industry Division of the American Arbitration Association. Chuck's practice focuses on small business transactions and litigation; mediation and arbitration; and estate planning and administration.
- Wills
- TrustsSome individuals and couples use Revocable Living Trusts to direct the distribution of property at death for the primary purpose of avoiding the probate process at death. While this option does save some money and time, probate is only avoided if title to all of the assets are transferred to the name of the Revocable Living Trust before death. This may require significant legal work to re-title property such as preparing and filing deeds for real estate, changing beneficiary designations and re-titling stock, bonds and bank accounts. Often times the cost of this legal work will not be significantly less than the legal fees for probate. However, using a Revocable Living Trust keeps the information regarding the probate assets and the beneficiaries more private because Inventories and Receipts are not filed with the Register of Wills. A Revocable Living Trust does not save inheritance tax or income tax.
- Power of AttorneyDurable Powers of Attorney direct the handling of a person's financial matters prior to death in the event they do not have the physical or mental ability to act on their own. The person signing the document and authorizing the transactions is the Principal and the person or persons appointed to handle matters during incapacity are the Agent. It is critical to select an Agent, or Co-Agents, who are familiar with the Principal's financial matters and are completely trustworthy in honoring and accepting the fiduciary duties owed to the Principal.
- Probate
- Tax LawA Buy/Sell Agreement or a similar version known as a cross-purchase agreement are used often in small companies in order to provide surviving or remaining owners the opportunity to purchase the business interest of a deceased or retiring business owner. These documents can help in planning how families will distribute controlling interests in the business in the future, provide a market for a minority business interest, and help with estate, gift and income tax planning. An important element in a Buy/Sell Agreement is how the owners decide to value an ownership interest at the time a transaction is necessary for a transfer of their respective interest. These agreements also provide for various options to fund owner buyouts, which include insurance policies, installment agreements and cash.