Attorney Archives - Page 11 of 13

Joseph R. Falcon, III

Joe Falcon is an intellectual property lawyer with deep knowledge in patent, trademark, trade secret and copyright law. As a registered U.S. Patent and Trademark Office patent attorney, Joe is recognized for his comprehensive understanding of intellectual property rights and his ability to provide strategic legal counsel to clients in diverse industries.

With an unwavering passion for the intersection of law and innovation, Joe focuses on all aspects of patent and trademark law, including prosecution, licensing, litigation, validity and infringement studies, and IP-related business counseling. He is a valued member of the Intellectual Property and Litigation practice groups, leveraging his skills and knowledge to assist clients at every stage of their intellectual property journey.

Joe views himself as not just a lawyer but a problem-solver who brings clarity, strategy, and a genuine passion for bringing innovation to the table – all with the goal of helping you achieve your vision while keeping your intellectual property secure.

Joe’s clientele ranges from early-stage startups to established companies, and he is known for developing and commercializing patent portfolios tailored to meet the specific business needs of his clients. He works closely with his clients, understanding their goals and helping them navigate the complexities of intellectual property law to protect their innovations and maximize their market advantage. Joe also partners with clients to align their intellectual property strategies with long-term business objectives, helping position them for sustained growth and competitive success.

Throughout his career, Joe has consistently demonstrated his ability to handle a wide range of complex intellectual property cases. He brings a meticulous approach to protecting the intellectual property rights of his clients. Some notable examples of his work include:

Asserting Patent Rights Against Willful Infringers: Joe has built a strong reputation for vigorously asserting patent rights on behalf of his clients in highly competitive marketplaces. He has successfully navigated intricate legal landscapes to hold those accountable who willfully infringe on his clients’ patents. Joe’s strategic and assertive approach ensures that his clients’ innovations are safeguarded and receive the recognition and compensation that they deserve.

Expert Counsel for Startups: Recognizing the unique challenges faced by startups, Joe provides invaluable guidance on ownership and procurement of patent and trademark rights. His deep understanding of intellectual property law and extensive experience allows him to advise startups on how to strategically protect their innovations while considering budgetary constraints. Joe’s insightful counsel helps startups establish a strong foundation for growth and navigate the complex landscape of intellectual property.

Crafting Research and Development Agreements: Joe is able to craft comprehensive research and development agreements that address the intricate issues of IP ownership. He works closely with clients to ensure that their rights are protected, both during the collaborative research process and in the subsequent commercialization of innovations. By drafting well-defined agreements, Joe helps his clients avoid disputes and maintain control over their intellectual property assets.

Patent Due Diligence in International Acquisitions: In the context of large-scale international acquisitions, Joe’s expertise in conducting thorough patent due diligence is an invaluable resource to clients. He meticulously examines the intellectual property portfolios of target companies, assessing the strength and scope of their patents. By identifying any potential risks or opportunities, Joe provides his clients with the information needed to make informed decisions during the acquisition process, mitigating future legal challenges and maximizing the value of the transaction.

Developing Robust IP Portfolios: Understanding the importance of proactively protecting clients’ intellectual property, Joe specializes in developing robust IP portfolios. He works closely with clients to identify and capture innovative ideas, strategically filing patents and trademarks to ensure comprehensive coverage. By actively monitoring the competitive landscape, Joe helps his clients stay ahead of potential design-arounds, effectively safeguarding their intellectual property assets and maintaining a competitive edge.

Trademark Enforcement: Joe has successfully represented clients in protecting their trademark rights against domestic and foreign entities in the United States and abroad through a network of foreign associates.

Post-Grant Proceedings: Joe is well-versed in post-grant proceedings, which provide an avenue for challenging the validity or scope of existing patents. Whether it involves defending the validity of a patent, challenging the validity of a competitor’s patent, or seeking to correct and enhance the scope of an existing patent, Joe’s unique perspective ensures that clients receive comprehensive representation and guidance throughout the post-grant proceeding process.

Copyright: Whether it’s registering copyrights, addressing ownership and licensing matters, handling infringement cases, or advising on fair use and compliance, Joe’s in-depth knowledge and strategic counsel allow clients to navigate the complexities of copyright law with confidence. With his guidance, clients can protect their creative works, monetize their intellectual property assets, and effectively enforce their rights in the dynamic landscape of the digital age.

Joe’s performance in the field of intellectual property law have earned him the respect of clients and peers alike. His commitment to delivering exceptional legal counsel, combined with his comprehensive understanding of the intricacies of intellectual property rights, make him an invaluable asset to any individual or organization seeking to protect and leverage their innovations in today’s dynamic business landscape.

Beyond his professional achievements, Joe cherishes his family life. Originally from Pittsburgh, he currently resides in Newtown Square, Pennsylvania, with his wife Laurie, their three daughters, two dogs, and two cats. In his leisure time, Joe is an avid golfer who enjoys hitting the links, and during the winter months, he can be found snowboarding down the slopes, embracing his adventurous spirit.

RECOGNITIONS

Leadership Recognition, American Bar Association
Pennsylvania Rising Stars (2010, 2014, 2015, 2016, 2017, 2018)

MEMBERSHIPS

Chester County Bar Association
American Bar Association Section of Intellectual Property Law (ABA-IPL):
– Vice Chair of the USPTO Ex Parte Patent Practice and Policy Committee
– Member of the Amicus Brief Committee
– Liaison to the ABA-IPL Section of Litigation

PUBLICATIONS

“The Debate Over Patent Protection for AI-Generated Inventions,” The Legal Intelligencer – Expert Opinion, April 2025
“Managing Intellectual Property Rights: The Cost of Innovation,” Duquesne Business Law Journal, Spring 2004, 6 Duq. Bus.L.Rev., No.2.

PRESENTATIONS

“Things to Consider When Bringing AI into Your Legal Practice”, Patsnap Webinar (June 2024)
“Legal Tech Talk for Your 21st Century Business”, BIG U 2018 (May 2018)
“Common Legal Issues You Need to Know”, PA Treasury’s Small Business Initiative at York College (October 2016)
“Legal Issues Involved in Growing your Business “, PA Treasury’s Small Business Initiative at York College (October 2016)
“Common Legal Issues for New Businesses”, PA Treasury’s Small Business Initiative at York College (October 2016)
“Outside the Box Innovations v. Travel Caddy: Can Minor Infractions be Inequitable Conduct?” Joint Patent Practice Continuing Legal Education” (April 2013)
“Managing Intellectual Property Rights: The Cost of Innovation,” Duquesne Business Law Journal, Spring 2004, 6 Duq. Bus.L.Rev., No.2.

Steven J. Link

Steve Link brings a unique and well-rounded perspective to his work as a patent and intellectual property attorney, having experienced the patenting process firsthand as an inventor. Before entering the legal field, he spent over five years as a research and development scientist in the pharmaceutical and biotechnology industries, where he contributed to several patents issued by the U.S. Patent and Trademark Office.

While working full-time in the pharmaceutical sector, Steve earned his law degree through evening and weekend coursework. He then spent more than 15 years as in-house counsel at DSM Biomedical in southeastern Pennsylvania, serving as a patent attorney and intellectual property manager. In this role, he drafted and negotiated a broad range of commercial agreements – including license, distribution, development, supply, nondisclosure, and consulting contracts – and was instrumental in developing and executing the company’s intellectual property strategy. He also managed a diverse IP portfolio supporting multiple business units in the medical field.

As a member of Barley Snyder’s Intellectual Property Practice Group, Steve focuses on patent prosecution and drafting, reexamination matters, and IP litigation support. He brings a strong attention to detail at the outset of a matter, helping clients avoid costly issues down the road. Conversely, he is adept at identifying lapses in competitors’ filings – insights that can provide a strategic advantage for his clients.

Steve’s particularized skills include patent analysis and reexamination – unique areas of practice that are procedurally formal, time-sensitive, and demand exceptional attention to detail. He is highly familiar with the nuances of these matters and handles them with efficiency and precision. His deep technical knowledge – gained through years of experience in biotechnology, pharmaceutical research and development, and the medical device and biomaterials industries – further enhances his ability to deliver strategic, scientifically grounded counsel throughout the patent lifecycle.

Earlier in his legal career, Steve worked as a contract attorney providing litigation support and document analysis. A native of Wilmington, Delaware, Steve holds a biology degree from the University of Richmond. He lives near historic Valley Forge, Pa., with his wife Cathy, their two children, and a dog.

MEMBERSHIP

American Intellectual Property Association

PUBLICATION

“Selective Inhibition of Bacterial Dihydroorotate Dehydrogenases by Thiadiazolidinediones”, Biochemical Pharmacology (2000)

PRESENTATIONS

“Comparison of Assays in a Low Volume 384 Well Plate and a 1536 Well Plate”, SBS Conference (September 2001)
“Discovery of Novel, Robust Biocatalysts from Microbial Diversity”, Third Annual Hyperthermophile Symposium (April 1996)

OTHER PROFESSIONAL EXPERIENCE

Eight professional years of research and development work, in both pharmaceutical and biotechnology industries

J. Robert Katherman

Bob is a member of the Barley Snyder Business and Real Estate practice groups. As a life-long resident of York County, he was able to grow his practice, in part, by establishing and maintaining strong relationships with almost every municipal office in the county. Bob brings a traditional approach to practicing law, prioritizing close, personal relationships with his clients. His commitment to maintaining long-standing connections ensures that each client not only receives exceptional legal service but also a level of trust and commitment that lasts for years.

In addition to maintaining a private practice at the beginning of his career, he also worked for 12 years as the City of York solicitor. Throughout that time, one of his areas of responsibility was enforcement of zoning, building and housing codes. Bob built upon this work in zoning and building codes to develop an extensive practice in land use approval and apartment complex acquisition, financing and management.

Bob’s commitment to his hometown also has translated into a career of public service within the York County community. He has helped enhance the quality of life, developed York’s professionals, and protected the community’s most vulnerable citizens with leadership positions on the board of directors at a number of the county’s most important organizations.

OTHER PROFESSIONAL EXPERIENCE

Former owner and former president of Dominion Abstracting Inc. title insurance agency

Drake D. Nicholas

Drake has been listed in the Best Lawyers in America® for over 20 years. He is a member of the firm’s Business Practice Group and focuses his practice on mergers and acquisitions, employee stock ownership plans, corporate reorganization, corporate governance and employee benefits, ERISA and executive compensation.

He is involved in the merger and acquisition arena for many different industry sectors, including in particular, companies in the technology, health care, manufacturing and professional service sectors. Drake also works frequently with private equity investors as part of his merger and acquisition practice.

Drake manages the firm’s Employee Stock Ownership Plan (ESOP) practice. He regularly advises shareholders, directors and companies and various other professional and private fiduciaries regarding the establishment, use and operation of ESOPs and ESOP-related strategies, including ownership succession transactions, management buyouts, mergers and acquisitions.

Drake also advises and represents clients with respect to tax audits and other matters before federal agencies charged with the enforcement of the Employee Retirement Income Security Act (ERISA), including the United States Department of Labor and the Internal Revenue Service. Drake lectures extensively to CPAs and other professionals and before numerous business organizations on business succession/acquisition strategies.

RECOGNITION

The Best Lawyers in America®, Employee Benefits and ERISA Law (1995-2025)

MEMBERSHIPS

Pennsylvania Bar Association
NCEO Association
ESOP Association

PUBLICATION

Governor Corbett Signs House Bill 1950 into Law

PRESENTATIONS

Moderator: “Embracing Change & Preparing for the Future”, 2019 Harrisburg Business Seminar (October 2019)
“Best Practices to Help Trustees Sleep at Night”, The ESOP Association PA/DE Chapter & NY/NJ Chapter Multi-State 2018 Conference (September 2018)

Thomas A. French

Thomas is recognized as a leading business and commercial litigation attorney, having tried numerous cases to verdict and appeal over his decades-long career as a courtroom lawyer. He is a “go-to” litigator when banks, insurance companies, businesses and professionals are faced with their most crucial legal conflicts. Thomas routinely defends other attorneys, accountants and fiduciaries against malpractice lawsuits, and represents insurers when opposing coverage and bad faith claims. He also has been called upon to protect banking institutions confronted with shareholder and other disputes. He is known for guiding his clients through internal and external investigations as well.

As a young attorney, following graduation at the top of his law school class, he represented a wholesale consumer products distributor in a case against computer giant Unisys Corp. In that case, he obtained a verdict in excess of $1 million, at the time believed to be one of the largest verdicts ever returned by a Harrisburg jury. Later, he represented the owners of the historic Bedford Springs Hotel, who had deadlocked on plans to redevelop the resort. He mounted a successful jury trial defense of a bank against a claim by a corporate minority shareholder that the bank had caused $84 million in damages resulting from the plaintiff’s alleged loss of control of a leading concrete and aggregate supply company. In 2014, he led a trial team that successfully litigated an ownership and control dispute among owners of a major northeastern Marcellus Shale energy industry service company.

More recently, Thomas has litigated complex federal antitrust lawsuits filed in U.S. district courts throughout the country. He has appeared many times before the Judicial Panel on Multidistrict Litigation.

He has also defended clients in multi-million dollar intellectual property litigations. He served as local trial counsel on behalf of SmithKline Beecham in a case involving the validity of patents covering some of the world’s most commonly used vaccines. He also was a member of a litigation team that defended Samsung in a patent infringement action involving light emitting diode technology used in its smart phones, which resulted in a dismissal with prejudice. In 2011, he represented a Pennsylvania inventor and manufacturer, obtaining a defense jury verdict in a case tried under the Pennsylvania Uniform Trade Secrets Act. He has successfully litigated trademark and copyright infringement cases as well.

Thomas has represented the owner of the “Zero Restriction”® and “ZR”® brand golf apparel company in litigation arising from the sale of the company; sued Kmart Corp. on behalf of a Pennsylvania grocery store chain for damages from a botched shopping mall development project; represented the seller of a drug store chain against the purchaser who consolidated the company into its own operations and then refused to pay the agreed upon purchase price; represented government and institutional investors in numerous cases against financial advisors who illegally invested and managed millions of dollars in public funds, and many other prominent businesses and institutions in their most important disputes.

In this regard, Thomas has also represented governmental entities, business organizations, financial institutions and individuals in regulatory, criminal and internal investigations of alleged misconduct. Matters under investigation in those cases ranged from alleged securities and bank fraud, medical reimbursement fraud, and government ethics violations and other forms of employee misconduct.

Counted among Thomas’s clients are a number of Pennsylvania’s regional banks and insurance companies. He handles litigation involving insurance coverage, bad faith insurance practices, and regulatory issues. He frequently defends banks and other fiduciaries in trust and estate litigation where parties claim negligent investment and mismanagement of trust funds have occurred. He has tried cases involving the validity of wills, and numerous fiduciary surcharge actions.

Other attorneys and accountants have asked Thomas to represent them when they have been sued in professional malpractice cases. After one particularly contentious case was finally resolved, opposing counsel retained Thomas to defend him personally when he was named as a defendant in a suit by a former client. In fact, many of his litigation cases are referred to him by other attorneys who trust him to represent their own clients with their most important litigation matters.

As an experienced appellate attorney, he has successfully handled appeals before the Pennsylvania Supreme, Superior and Commonwealth courts, and the U.S. courts of appeals for the Third and Eleventh circuits. He also served as lead counsel on petition for certiorari before the U.S. Supreme Court.

In addition to his private practice experience, Thomas served as a military attorney in the U.S. Army Judge Advocate General Corps and the Pennsylvania Army National Guard. In 2005, he was called to active duty and deployed to Afghanistan, where he advised commanders on rules of engagement and other military law issues.

In 2012, Pennsylvania Gov. Tom Corbett appointed Thomas as a Commissioner to the Board of Commissioners on Uniform State Laws. He was also appointed by U. S. Sen. Patrick Toomey to serve on his U.S. Military Academy selection committee. Thomas is active in the community, serving on boards of non-profit organizations, including the YMCA. He is a frequent speaker before various business and professional associations and is a former member of the adjunct faculties of the law schools at Widener and Penn State Universities.

RECOGNITIONS

Rated AV Preeminent by Martindale-Hubbell
Central Penn Business Journal “Legal Excellence Awards” — Leaders in Law
The Best Lawyers in America®, Commercial Litigation (2013, 2014 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025) Litigation – Insurance (2024, 2025) Litigation – Municipal (2024, 2025)
“Simply the Best,” Business Attorney, Harrisburg Magazine (2007-2010)
Pennsylvania Super Lawyers (2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2025)
Board of Commissioners on Uniform State Laws, commissioner, representing the Commonwealth of Pennsylvania (2012-2015)
United States Military Academy Selection Committee of U.S. Senator Patrick Toomey

MEMBERSHIPS

Defense Research Institute
Pennsylvania Defense Institute

Donald R. Geiter, J.D., M.S.L. (Cybersecurity Law & Policy), CIPP/US, CIPM

Don is the chair of the firm’s Cybersecurity Service Team and chair of the firm’s Finance practice. He also serves on the firm’s technology committee and as the firm’s Chief Privacy Officer.

Don first became involved in cybersecurity initiatives while he was a law clerk with the Office of Naval Research, U. S. Department of the Navy, in the late 1990s. Currently, Don advises business clients on a broad range of cyber, tech-related, and privacy matters, including employee and board training, data breach coaching and support, cybersecurity/privacy compliance and auditing, counseling, transactional support and contract review. Don has particular experience advising financial service organizations, healthcare organizations, and managed IT service providers. Don is an active member of the International Association of Privacy Professionals (IAPP) and is a member of InfraGard (a partnership between the Federal Bureau of Investigation and the private sector for the protection of U.S. Critical Infrastructure). Don is a frequent speaker on the topic of cybersecurity and privacy, with recent presentations given to the Pennsylvania Bankers Association, the National Association of Corporate Directors, the Pennsylvania Institute of Certified Public Accountants, the Association of Corporate Counsel, PA Manufacturers’ Association and the World Trade Center-Harrisburg. His recent cybersecurity projects include:

– Representation of global digital event management organization in connection with GDPR-related privacy and security compliance.

– Representation of accounting and consultancy firm in connection with regulatory compliance and related vendor management.

– Representation of entertainment touring production company in connection with applicability of cybersecurity standards and regulation.

– Representation of public utility organizations in connection with incident management and data audits.

Don’s vast finance experience involves both institutional and private financing, including representing lenders and borrowers in complex commercial lending, syndicated/participated transactions, and multi-party loan restructures and work-outs. He is the immediate past chair of the firm’s Creditors’ Rights Practice Group. His recent finance and creditors’ rights transactions include:

– Representation of a worldwide, multi-division service organization in connection with a $50 million syndicated loan financing from a group of national financial institutions.

– Representation of a national banking association in connection with its restructuring of a $40 million line of credit to a national food product manufacturer.

– Representation of a state-charted bank in connection with its $19 million working capital line of credit to a national public housing developer.

Don also has an extensive Securities practice and assists existing companies, start-ups and real estate ventures as well as helps funds with private debt and equity offerings and the associated registration, exemption and “Blue Sky” requirements. He also works with a variety of business clients on mergers and acquisitions, buy-sell agreements, shareholder relations, and is frequently engaged on general corporate matters. His recent securities and M&A transactions include:

– Representation of real estate syndication group in connection with its various mobile home park and self-storage capital raise strategies.

– Representation of senior living developer in connection with its multi-phased securities offering.

– Representation of real estate syndication group in connection with a multi-stage securities offering to support its multi-family investment property projects.

– Representation of a regional, agribusiness vendor for its acquisition of local competitor.

– Representation of a regional accounting firm to acquire a competitor.

– Representation of regional commercial construction contractor to acquire a strategic partner.

RECOGNITIONS

Best Lawyers “Lawyer of the Year” in Harrisburg – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2023)
The Best Lawyers in America®, Mergers and Acquisitions (2019, 2020, 2021, 2022, 2024), Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2021, 2022, 2023, 2024, 2025), Commercial Finance Law (2021, 2022, 2024, 2025)
Central Penn Business Journal,Forty under 40 List (2010)

EXPERTISE / CERTIFICATIONS

IAPP Certified Information Privacy Manager (CIPM)
Certified Information Privacy Professional (CIPP/US)

PRESENTATIONS

“Data Privacy and Employee Monitoring: Balancing Compliance, Security, and Workplace Rights”, 42nd Annual Barley Snyder Employment Law Seminar (May 2025)
“AI in Action – Managing Risk & Compliance”, Lancaster Chamber (April 2025)
Presidents Panel, Moderator, RMA South Central PA Chapter (February 2025)
“Cyber Resilience: Strategies for a Secure Future”, The High Center Workshop (February 2025)
“Cyber Security and Liability”, York County Economic Alliance (October 2020)
Panelist: “Embracing Change & Preparing for the Future”, 2019 Reading Business Seminar (October 2019)
Panelist: “Embracing Change & Preparing for the Future”, 2019 Harrisburg Business Seminar (October 2019)
“Navigating the Legal Intricacies of Cybersecurity”, Business Espionage Morning Forum (June 2019)
“Cyber Threats and CEO Fraud”, Lancaster Chamber (April 2019)
“Legal Tech Talk for Your 21st Century Business”, BIG U 2018 (May 2018)
Board Oversight of Risk Management (Cybersecurity), Pennsylvania Bankers Association Annual Convention (May 2018)
The Board’s Role in Risk Oversight and Cybersecurity, NACD (October 2017)
“Current Trends in Commercial Lending”, LendiCon 2017 (March 2017)
Loan Participations: Whose Loan is it Anyway?” , Pennsylvania Bankers Association Annual Lending Conference (October 2016)
“Doing Business in the Digital World (and Cloud): An Overview of Risk, Applicable Laws and Policies Relating to Information Security”, Barley Snyder Business Seminar (October 2015)
“Jolley v. Chase Home Finance Are Lenders Facing New Threats in Lender Liability Claims?”, Barley Snyder LendiCon Seminar (March 2015)
“Doing Business in the Digital World”, ACC Seminar: What Keeps You up at Night? (September 2014)
“Loan Participations: Whose Loan is it Anyway?”, Barley Snyder LendiCon Seminar (November 2013)
“Doing Business in the Digital World”, Barley Snyder Business Seminar, (October 2013)
“Bankruptcy Preference Claims and Their Defenses”, ACC Seminar: What Keeps You up at Night? (September 2013)
“Collection Toolbox: Secured Creditor’s Edition”, Barley Snyder LendiCon Seminar (November 2012)
“Information Security: Policies, Processes and Technology,” Barley Snyder Business Seminar (October 2011)

MEMBERSHIPS

International Association of Privacy Professionals
InfraGard
Technology Council of Central Pennsylvania
Veterans of Foreign Wars Post #1690 (Auxiliary member)
Antique Automobile Club of America

Thomas J. Nehilla

Tom concentrates his practice in the structuring, negotiation and execution of business and real estate transactions (including residential, commercial and industrial). He is experienced in joint ventures, financing, planned community and condominium developments, homeowner associations, commercial leases, construction contracts, zoning and land use and resolution of business disputes. He works with his clients to advise them on the choice of entity for real estate ownership and to determine the structure that best suits the client’s needs, including limited partnerships and limited liability companies.

Of particular focus, Tom assists in evaluating financing options available to each client and helps tailor those options to ensure the project is successful. Options such as seller financing, lender financing, bonds, construction loans, mortgage and leasehold financing are all considered and evaluated for each project. His clients include small and large local, regional and national companies. His philosophy when working with a client is to become their general adviser and not simply their attorney.

In conjunction with his real estate practice, he also practices in the areas of banking and financing. Representing both financial institutions and borrowers, Tom is able to provide clients with a unique insight and full understanding of the complex issues involved in a variety of financial transactions.

RECOGNITION

The Best Lawyers in America® “Lawyer of the Year” in Harrisburg, 2024, Real Estate Law
The Best Lawyers in America®, Real Estate Law (2020, 2021, 2022, 2023, 2024, 2025), Construction Law (2022, 2023, 2024, 2025), Commercial Finance Law (2023, 2024, 2025)

MEMBERSHIP

Dauphin County Bar Association

PUBLICATIONS

Governor Corbett Signs House Bill 1950 into Law
Commercial Leases and Bankruptcy: A Roadmap for Landlords

PRESENTATIONS

“Condos in the City”, Wake up with Barley: A Morning on Real Estate (June 2019)
Moderator: “Unique Issues with Urban Development”, Wake up with Barley: A Morning on Real Estate (June 2019)
“Project Financing – When Can I Start Work?”, Wake up with Barley: A Morning on Real Estate (June 2018)
“Key Terms in Commercial Leases and How They Can Hold Up Your Deal”, Greater Harrisburg Association of REALTORS Commercial Council (April 2018)

Timothy G. Dietrich

Tim Dietrich provides strategic advice for businesses, financial institutions and governments in a number of areas, including organization and governance and the structuring, negotiation, and closing of corporate and commercial financial transactions. Tim continues to advise financial institutions and businesses in situations involving financial distress and to provide a wide array of advice to governments, including utilities matters.

Tim leads Barley’s Food & Agribusiness Industry Group, and he is also actively involved with the firm’s Senior Living Industry Group. During the years 2008 through 2013, Tim served as Barley Snyder’s managing partner and initiated Barley’s process improvement program called Practice Excellence®. This firm-wide program focuses on quality, knowledge and service. The program also emphasizes efficiency and standardization by applying lean principles to our practice. The program began in 2008 and is being led by Practice Excellence® “Champions” of each of our practice groups.

Food & Agribusiness
Tim is utilizing his knowledge of FDA, USDA and other regulatory requirements to assist clients in the food and agriculture areas with their transactional needs and compliance with the more rigorous requirements of the Food Safety Modernization Act.

Some of Tim’s representative food and agribusiness successes:

– Represented buyer in multi-state, $140 million acquisition of agricultural production and processing facilities.

– Represented food processor in development of $330 million processing facility, including resolution of sewage treatment expansion permitting and construction issues.

– Represented food processor in development of $40 million processing facility, including resolution of sewage treatment expansion permitting and construction issues

– Represented food processors in facility expansions and modernizations.

– Represented food processor in addressing USDA – Food Safety and Inspection Service concerns regarding Salmonella and potential recall

– Counsel to food processor with respect to FDA testing, recall request and warning letter regarding Salmonella.

– Advising various food processing clients on food co-packing contracts

– Counsel to lender in $40 million secured revolving facility and $45 million unsecured revolving facility for food processors.

– Counsel to borrower in $83 million secured facilities for working capital and construction for food processor.

– Counsel to food and agribusiness client for long-term, joint venture organic animal feed supply agreement.

– Negotiation of contractual issues in food processing supply chain, including for organic and GRAS (generally recognized as safe) ingredients.

– Negotiation of agreements involving product development, licensing, and distribution.

– Counsel in FDA and USDA inspection settings and in connection with product recalls and insurance claims.

Business Law
Tim’s practice involves general corporate counseling and representation in acquisitions and other transactions for both privately and publicly held businesses. In some instances, he serves clients in a “general counsel” role, providing representation on general business, corporate and financial matters, while also assisting in the coordination of litigation, regulatory compliance and other matters. He has devoted a significant portion of his practice to counseling businesses involved in the development, manufacturing and marketing of medical devices.

Some of Tim’s representative transactions in his business practice:

– Representation of manufacturers in the formation and termination of product distribution relationships, both domestic and international.

– Negotiation of agreements involving various combinations of research and development, product development, purchasing and strategic sourcing, licensing and distribution for medical and other technologies and food and agribusiness firms.

– Representation of purchasers and sellers in corporate acquisitions, particularly asset purchases of early-stage technology firms.

– Assisting clients with critical regulatory and quality assurance matters including government inspections and recalls.

– As a member of the Senior Living Industry Group, he has advised senior living organizations on a number of matters, including complex organizational affiliations, as outlined in the Senior Living section below.

Senior Living
Tim has represented senior living facilities in various matters, including:

– Represented multiple parties in negotiation, due diligence and document drafting for multi-party affiliation of senior living facilities, including addressing Hart-Scott-Rodino clearance with the Federal Trade Commission.

– Creation of holding company structure for senior living community to facilitate innovation and services expansion, as well as acquisitions.

– Representation of a large senior living community in acquisition of control of another non-profit CCRC and its long-term care facilities.

– Representation of multiple senior living organizations in development and construction projects, including land use approvals, design and construction contract negotiations (and disputes), and financing.

– Representation of charitable foundations affiliated with senior living communities in various regards, including establishment of scholarship fund for employees.

– Borrower counsel in approximately $70 million financing which refinanced existing indebtedness and also financed payment for acquisition of control for previous nonprofit controlling member.

Creditors’ Rights and Bankruptcy
Tim began his career as a bankruptcy lawyer and continues to give strategic advice and representation to clients facing various aspects of distressed financial situations. His creditors’ rights and bankruptcy practice is currently focused on secured and unsecured creditor representation, including in bankruptcy proceedings, loan workouts and forbearance negotiation. He has represented businesses as debtors in bankruptcy and collection proceedings, including debtor representation in workouts and distressed settings, including Chapter 11 reorganization cases resulting in plan confirmations. Outside of bankruptcy, he has represented creditors in foreclosure, confession of judgment, execution, debt sale and assignment matters. He has lectured for the Pennsylvania Bar Institute and the Eastern District of Pennsylvania Bankruptcy Conference on Chapter 11 issues.

Recent representative matters:

– Defense of pre-bankruptcy purchaser of industrial facility in a Section 548 fraudulent conveyance action brought by liquidating trustee in bankruptcy, seeking over $6 million, which was settled for litigation costs.

– Representation of secured lender in Chapter 11 case of firm engaged in publishing, including liquidation of intellectual property rights.

– Representation and defense of secured creditor in Chapter 11 proceeding and related lender liability cases regarding failed vehicle floor plan borrower.

– Representation of secured creditors in a number of workout and Chapter 12 bankruptcy cases for agricultural operations.

– Representation of secured lender /letter of credit issuer for revenue bonds in Chapter 11 case of printer.

OTHER PROFESSIONAL EXPERIENCE

Clerk of Court, Estate Administrator, U.S. Bankruptcy Court for the Northern District of West Virginia (1982-1984)

MEMBERSHIPS

American Bankruptcy Institute
Commercial Law League of America
American, Pennsylvania and Berks Bar Association
The Pennsylvania Society

RECOGNITIONS

The Best Lawyers in America®, Banking and Finance Law, Corporate Law (2021, 2022, 2023, 2024, 2025)
Pennsylvania Super Lawyers (2005)
United Way of Berks County; 2004 Doran Award, 1999 June A. Roedel Legacy of Commitment Award

PRESENTATIONS

Artificial Intelligence: A Brave New World, Kairos Senior Living Conference & Exhibit, Co-presented with Christopher Churchill, Michael Crocenzi, and Yenma Herb of RKL (September 2024)
Inspections: What to Do if the Government Shows Up at Your Door (FDA/USDA Inspections for Food & Ag Businesses), American Conference Institute – Co-presented with Ashish Talati of Talati Law Firm (July 2024)
Gearing Up for Enhanced Traceability: Building Your Roadmap for Compliance with the FDAs New Final Food Traceability Rule, American Conference Institute, Co-presented with Elizabeth Fawell of Hogan Lovells and Brandon Neuschafer of Arnold & Porter (April 2024)
Don’t Take Our Word For It, Checklists and Audits Help Firms Avoid Malpractice Claims (Practice Excellence), American Bar Association – Co-presented with George Werner of Barley Snyder, Nina Tulloch of Hogan Lovells, and John Lecci of Markel Specialty Insurance (April 2024)
M&A vs. Organic Growth – Governance, Financing and Other Implications, Kairos Education Conference & Exhibit (September 2023)
Breaking Eggs, Not Businesses: A Solutions-Focused Discussion on Dealing with the Highly Pathogenic Avian Influenza Outbreak, webinar (June 2022)
Supply Chain Management: A Study in Sustainability, Traceability, Economic, and Environmental Impact, Fifth Advanced Summit on Food Law – Regulation, Compliance and Litigation (May 2021)
Selling Your Products: 2021 Challenges, Opportunities, Virtual Food, Ag Summit (March 2021)
COVID-19 Vaccine: The Impact on the Food, Agribusiness Industry, webinar (December 2020)
Allergens: The Liability Implications of Voluntary Disclosures and Recall, 4th Advanced Summit on Food Law – Regulation, Compliance and Litigation (July 2020)
Panelist: Embracing Change, Preparing for the Future 2019 Reading Business Seminar (October 2019)
Organic Supply Chain: Protecting Your Brand, Food; Ag Summit (February 2019)
The Special Assets Environment, Lendicon 2018 (March 2018)
Inspections in the Age of FSMA: What To Do If the Government Shows Up at Your Door , American Conference Institute Food Law and Regulation Boot Camp (November 2017)
Exploring Individual Liability Through the Invocation of a Corporate Office Doctrine and Yates Memo as they Apply in the Food Industry, Food Law and Regulation Forum (May 2017)
Current Issues in Agri-Business and Food Processing Lending, Barley Snyder LendiCon Seminar (March 2016)
Bankruptcy Update, Barley Snyder LendiCon Seminar (March 2015)
Consumer Preferences and Federal Responses – The Impact of Upcoming FDA and USDA Regulations on Food and Agribusiness, FEI Central Pennsylvania Chapter (May 2015)
Protecting Yourself from the CFPB, Barley Snyder LendiCon Seminar (November 2013)

Derek P. Dissinger

Derek is chair of the firm’s Real Estate Practice Group and its Hospitality Industry Group. He concentrates his practice on real estate and sophisticated land development matters. With more than a decade of experience, Derek takes a strategic and practical approach to assisting clients in implementing their goals.

Real Estate
Derek regularly represents clients in both Pennsylvania and Maryland in the purchase and sale of developed and undeveloped real estate. His practice often involves complex real estate matters, such as 1031 exchanges and reverse 1031 exchanges. Derek is also a licensed title agent in Pennsylvania and Maryland, allowing him to assist clients in every phase of the transaction. With extensive experience in navigating complicated real estate transactions, Derek provides clients with tailored legal solutions that ensure successful outcomes from the start of a project to completion.

Land Development
Derek regularly represents real estate developers in sophisticated land use matters including zoning, land development, and formation of condominiums/planned communities. He frequently appears before zoning hearing boards for variances and special exceptions and before elected bodies for conditional uses and rezonings.

Hospitality & Liquor Law
As part of his hospitality practice, Derek frequently handles the purchase and sale of hotels, the purchase and sale of restaurants, and the purchase and sale of liquor license. Specifically, Derek is well-versed in representing limited wineries, limited distilleries, breweries, and brewpubs in obtaining Pennsylvania manufacturing licenses.

Finance
Derek is a member of the Finance Practice where he represents creditors such as banks and credit unions in a wide range of commercial loan transactions. His experience as a real estate attorney and title agent allows him to bring a unique perspective to the documentation of real estate loans on behalf of financial institution clients. Derek frequently presents on title insurance topics to banks and other organizations.

RECOGNITIONS

Pennsylvania Super Lawyers Rising Star (2018, 2019, 2020, 2021, 2022, 2023, 2024)

MEMBERSHIPS

Lancaster Bar Association
Pennsylvania Bar Association

PRESENTATIONS

“Mitigating Wire Fraud Risks in Real Estate Transactions: Protecting Your Clients and Their Investments”, Wake up with Barley: A Morning on Real Estate (June 2025)
“Navigating Realty Transfer Tax in Business Transactions: Key Takeaways from Kunj Harrisburg LLC, et al. v. PA”, Lancaster Bar Association (May 2025)
“Title Insurance for Construction Loans”, Pennsylvania Bar Institute’s Real Estate Institute 2024 (December 2024)
COVID-19 Vaccines: The Impact on the Hospitality Industry, webinar (January 2021)
Reopening the Hospitality Industry: Current Guidelines, Possible Risks and Future Scenarios, Barley Snyder Webinar Series (June 2020)
Mechanics Liens; Bond Issues for Construction Projects, Wake up with Barley: A Morning on Real Estate (June 2019)
Panelist: Structuring; Financing Real Estate Deals, Barley Snyder LendiCon (March 2019)
Project Financing – When Can I Start Work? Wake up with Barley: A Morning on Real Estate (June 2018)
Condominiums, Lancaster County Association of Realtors’ Commercial; Industrial Council membership meeting (March 2018)
Endorsement and Exclusions to Policies and Insuring Construction Loans, National Business Institute’s Title Law: A to Z, a Two-Day Practical Course (December 2017)
Mechanic’s Lien, Leases and Landlord Tenant Law, Wake up with Barley: A Morning on Real Estate (September 2017)
Sheriff Sales and Tax Sales; What do you really need to know? Barley Snyder LendiCon Seminar (March 2016)
2015 Mechanic’s Lien Update, Security Title Annual Seminar (May 2015)
Leasehold Mortgages, Barley Snyder LendiCon Seminar (March 2015)
Conestoga Title Insurance Company Annual Seminar (January 2015)
Act 117 Update, Pennsylvania Land and Title Association (November 2014)
Buying, Leasing and Owning: What is Best for Your Business? Barley Snyder Business Seminar (October 2014)
Construction Lending Update, Bank Presentation (August 2014)
Title Insurance for Lenders: Before, During and After Settlement, Barley Snyder LendiCon Seminar, (May 2014)

Harold A. Eastman Jr.

Harry Eastman has practiced law in the Gettysburg and Adams County area for his entire legal career of more than 30 years, concentrating his law practice in the areas of municipal law, zoning and land use, real estate, and trusts and estates.

As his practice has evolved, Harry has gained experience in a variety of practice areas. He has served as the municipal solicitor for the Borough of Gettysburg since 1999, and he has served as the solicitor for the Borough of New Oxford for more than 25 years. He has also served as the solicitor for several zoning hearing boards, helping him to develop a zoning and land use practice for the last 30 years.

In his real estate practice, Harry has represented clients in both residential and commercial transactions. He has developed a practice representing clients in the historic preservation and agricultural conservation of real estate. To complement his real estate acquisition practice, Harry is a licensed title agent with Commonwealth Land Title Insurance Company.

Originally from northern Vermont, Harry moved to Gettysburg in 1988 and joined a well-established Gettysburg law firm while raising a family with his wife, Janet, and immersing himself in the Adams County community. He has served and currently serves as a director on boards of nonprofits and community service organizations.

RECOGNITIONS

The Best Lawyers in America®, Trusts and Estates (2025)

MEMBERSHIPS

Pennsylvania State Association of Boroughs
Pennsylvania Borough Solicitors Association
Pennsylvania Bar Association
Adams County Bar Association

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