Position: Attorney

Zachary D. Griffith

Zach is a member of the firm’s Trusts & Estates Practice Group. His trusts and estates practice covers representing clients in a broad range of matters including estate planning, estate administration, trust formation, guardianships, and adoptions. His practice also includes handling a broad range of Orphans’ Court litigation matters in all stages for clients.

Zach joined Barley Snyder following a decorated college career both in and out of the classroom. He is a magna cum laude graduate of Widener University Delaware Law School after graduating summa cum laude from Albright College in Reading. In law school, Zach was a member of the school’s Environmental and Natural Resources Law Clinic, which led to him winning the 2021 Greenwatch Institute Scholarship Award in Memory of Jerry Shields. The school bestows the award annually to an outstanding environmental law student who demonstrated commitment to public interest advocacy. Furthermore, Zach’s enthusiasm for aviation has spurred him to write an article focused on aviation law for the Widener Law Review, where he was an articles editor in law school. Zach also earned his Master of Laws in Taxation from Villanova University.

Zach also spent time as a legal intern in the technology world at Information Systems Laboratories, a specialized technology development corporation, and at Berks County-based EnerSys, a global leader in stored energy solutions for industrial applications.

Zach is the Vice Chair of Court Appointed Special Advocates (CASA) of Berks County’s board of directors. He also serves as chair of the governance committee where he assists in CASA’s mission to positively change the lives of children who face neglect, abuse, and/or abandonment.

In his spare time, he is a volunteer tour guide at the Reading-area Mid-Atlantic Air Museum, one of the largest privately owned aviation museums in the country. He also enjoys spending time with his wife, two dogs, and his family.

RECOGNITION
  • 2021 Greenwatch Institute Scholarship Award in Memory of Jerry Shields

Caleb P. Setlock

Caleb is an attorney in the Employment and Labor Law Practices, representing employers in litigation and advising on best-practice methods.

Caleb has experience defending a wide variety of employee claims. His primary practice includes federal discrimination claims under Title VII, 42 U.S.C. § 1981, the ADA, the Rehabilitation Act of 1973, the ADEA, Title VIII and the Fair Housing Act, and state discrimination claims under the PHRA and the PFEOA. In defending against these claims, Caleb has dealt with race, sex, religion, age, and disability charges. Caleb also handles claims under the Fair Labor Standards Act and Pennsylvania’s Minimum Wage Act, and Wage Payment and Collection Law.

In handling these matters for clients, Caleb is involved at all stages of litigation, from pleadings at the U.S. Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission to federal and state court civil claims. Outside of litigation, Caleb has settled matters through mediation and conciliation attempts. Caleb also regularly represents employers through the unemployment compensation process. His experience in Labor Law consists of providing rapid response training to clients and defending against unfair labor practice charges.

In the hospitality sector, Caleb counsels clients on crafting niche employment policies specific to the industry including tip pooling arrangements. He navigates business through multi-state and multi-ordinance compliance. He also litigates in defense of employment claims that reach court or administrative agencies.

Caleb helps continue a longtime firm tradition of former Barley Snyder summer associates that later join the firm as full-time attorneys.

At the Duquesne University School of Law, where he graduated cum laude, Caleb was a member of the school’s appellate moot court board that won the Wagner National Labor and Employment Law Moot Court Competition. Caleb also was a mentor in the school’s Academic Excellence Program and worked in the school’s law library.

A Lancaster County native, Caleb is firmly committed to the greater Lancaster area. Growing up, he worked at Bent Creek Country Club and received the J. Wood Platt Caddie Scholarship. Prior to joining Barley Snyder, Caleb also worked as an intern with the Lancaster County Public Defender’s Office. He also operated a local landscaping business by himself for four years. 

In his time away from the office, Caleb enjoys physical exercise of any kind including running and biking. Caleb likes playing any and all recreational sports from individual sports like golf and tennis to team sports like soccer and basketball. 

PRESENTATION
  • “Political, Legislative and Governmental Agency Landscape Leading into an Election Year,” Lancaster SHRM’s Fall Legal Update (September 2023)
  • “Employee Handbook Workshop”, Lancaster Chamber (August 2023)
  • “Proactive v. Reactive: How Getting to the Core of Employee Concerns Helps Employers Stay Ahead of Union Activity,” 40th Annual Employment Law Seminar (May 2023)
  • “Employee Handbook Workshop”, Lancaster Chamber (August 2022)
RECOGNITIONS
  • Pennsylvania Super Lawyers Rising Star (2024)
  • J. Wood Platt Caddie Scholarship Trust

Matthew L. Guthrie

Through more than three decades, Matt maintains a diverse practice of law that includes real estate, wills, trusts and estates, business law, and family law matters. This includes estate planning and administration, formation of business entities, purchase and sale of businesses, commercial and residential leases matters and municipal, zoning and subdivision matters.

He is also a title insurance agent for Stewart Title and handles real estate closings, including purchases and refinancing for individuals and businesses.

A York County native and Spring Grove Area High School graduate, Matt made it a point to be involved in the Hanover-area community he calls home, working with service organizations, business networking groups and economic development associations.

Matthew G. Brushwood

Matt is a member of the Creditors’ Rights Practice Group, where his practice includes residential and commercial mortgage foreclosure as well as complex consumer and commercial litigation. His practice also involves representation of secured and unsecured creditors, lenders and landlords in various areas including: 

  • Bankruptcy
  • Eviction and Tenant Disputes
  • Mechanic’s Liens
  • Tax Sales
  • Title Curative
  • Repossessions and Garnishments
  • Receiverships
  • General Collection
  • Bankruptcy Preference Defense
  • Commercial Lease Restructuring
  • Consumer and Banking Regulatory Compliance
  • Breach of Contract
  • Appeals
  • Federal and State Consumer Protection Defense Including Fair Credit Reporting Act (FCRA) and Fair Debt Collection (FDCPA)

With his extensive experience and practical approach, Matt has developed an understanding of how to identify risks, limit exposure and obtain effective and prompt resolution through cost-effective litigation and settlement. He routinely partners with his clients enhancing operational efficiency and compliance, crisis management, and devising both a litigation case strategy and a national litigation approach. Matt has successfully handled all aspects of complex litigation in state and federal courts, and he has also provided valuable on and off-site training for national mortgage servicers addressing emerging trends in foreclosure litigation in Pennsylvania, New Jersey and Maryland.

MEMBERSHIPS
  • Berks County Bar Association

  • Lehigh County Bar Association

  • Pennsylvania Bar Association

Matthew M. Hennesy

Matthew is an aggressive advocate who helps businesses, institutions and individuals effectively use the court system to achieve their strategic objectives and meet the challenges posed by complex litigation, and he is the chair of the Litigation Practice Group. In addition to helping his clients navigate and succeed in litigation, Matthew also helps clients proactively identify and manage litigation risk. With his energetic and proactive approach to litigation issues, Matthew is able to obtain positive results for clients even in challenging circumstances. 

He assists clients with litigation matters in three main areas:

Commercial Litigation
Matthew has experience representing clients in complex commercial disputes concerning financial services and lending liability, business ownership and shareholder issues, contract disputes and collection matters.   

Intellectual Property Litigation
Matthew acts as a strong advocate for clients in intellectual property disputes and has obtained favorable results in litigation concerning trademarks, copyrights and internet domain names.  

Construction Litigation
Matthew counsels and represents construction industry clients including owners, contractors, subcontractors and design professionals. 

Matthew earned his law degree from the University of Miami School of Law, cum laude, where he was an Associate Editor of the University of Miami Inter-American Law Review. 

RECOGNITION
  • Pennsylvania Rising Stars (2016, 2017, 2018, 2019, 2022, 2023)
PRESENTATION
  • “Bankruptcy Update”, Barley Snyder LendiCon Seminar (March 2015)

Martin R. Siegel

Marty is a member of the firm’s Real Estate and Environment & Energy practice groups who spent more than two decades as a litigator at the Pennsylvania Department of Environmental Protection. In his time at the DEP, he litigated more than 250 appeals in state and federal courts and in front of the Pennsylvania Environmental Hearing Board in cases involving litigation of solid waste, clean water, environmental remediation and sewage planning. His cases resulted in tens of millions of dollars of environmental remediation and civil penalties throughout Pennsylvania.

In the private sector, Marty has worked with businesses on both environmental and energy issues. He’s helped companies in real estate transactions navigate environmental issues, worked with municipalities on stormwater and sewage issues and has assisted companies and other entities in addressing DEP and U.S. Environmental Protection Agency enforcement actions. He’s also worked with out-of-state gas pipeline owners and contractors to help them comply with Pennsylvania environmental requirements and defended them in DEP enforcement actions. Marty is also a trained mediator.

In addition to his time at the DEP, Marty has worked in federal government positions at the U.S. Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry in Atlanta and with the Department of Energy’s Pacific Northwest Laboratory in Washington state.

Marty is a prolific speaker at professional gatherings throughout Pennsylvania on environmental topics, including Pennsylvania’s Environmental Rights Amendment, Pennsylvania’s voluntary cleanup program, PFAS contamination issues, Chesapeake Bay and clean water issues, and municipal stormwater requirements. He also co-authored the chapter on Pennsylvania’s Land Recycling and Environmental Remediation Standards Act (Act 2) in Pennsylvania Environmental Law & Practice, 10th Edition.

His professional environmental experience has led him to leadership positions with a multitude of nonprofit organizations both in central Pennsylvania and throughout the Mid-Atlantic. He’s also a former member of the Board of School Directors for the Lower Dauphin School District.

RECOGNITION
  • The Best Lawyers in America©, Environmental Law (2021, 2022, 2023, 2024)
MEMBERSHIPS
  • York County Bar Association
  • Environmental and Energy Law Section, Pennsylvania Bar Association
PUBLICATIONS
  • “Land Recycling and Environmental Remediation Standards Act” co-author, “Pennsylvania Environmental Law and Practice, 10th Edition (May 2021)
  • “Liability Costs Loom as DEP Seeks Greater Regulation of PFAS Chemicals”, “The Authority,” the magazine of the Pennsylvania Municipal Authorities Association (August 2019)
  • “Land Recycling and Environmental Remediation Standards Act”, Pennsylvania Environmental Law and Practice, 9th edition
  • “What is the Risk of Personal Liability for Environmental Violations?”, York Legal Record (March 2019)
  • “PA Environmental Constitutional Law: It’s a New Ballgame”, The Legal Intelligencer (July 2018)
  • “Pipeline Construction, Environmental Compliance Can Co-Exist”, Pipeline & Gas Journal (May 2018)
  • “Creating the Right Environment for an Environmental Mediation”, Pennsylvania Bar Association Alternative Dispute Resolution Committee (November 2017)
  • “Mediating Environmental Disputes: A Necessity in Today’s Political Climate”, The Legal Intelligencer (January 2017)
  • “It’s Time to Get DEP Off of Its Subsistence Diet”, PennLive (December 2016)
PRESENTATIONS
  • “What’s New with PFAS? Federal and State Developments”, Pennsylvania Bar Institute webinar (December 2022)
  • “COVID-19 Vaccines: The Impact on the Logistics Industry”, webinar (January 2021)
  • “COVID-19 Vaccines: The Impact on Higher Education”, webinar (January 2021)
  • “COVID-19 Vaccines: The Impact on the Hospitality Industry”, webinar (January 2021)
  • “COVID-19 Vaccine: The Impact on the Food & Agribusiness Industry”, webinar (December 2020)
  • “COVID-19 Vaccine: The Impact on Health Care and Long Term Care”, webinar (December 2020)
  • “COVID-19 Vaccine: The Impact on Health Care and Long Term Care”, webinar (December 2020)
  • “Getting Your Business Back to Business Webinar Part 2”, Barley Snyder Webinar Series (May 2020)
  • “The Legal Implications: Re-opening Your Business In Defiance of the Governor’s Order Webinar”, Barley Snyder Webinar Series (May 2020)
  • “Getting Your Business Back to Business Webinar Part 1”, Barley Snyder Webinar Series (April 2020)
  • “State Constitutions and the Environment: A Watershed Comparison”, Chesapeake Bay Commission meeting (January 2020)
  • “PFAS – Regulation, Liabilities and Potential Cost Recovery”, Pennsylvania Bar Institute (July 2019)
  • “PA’s Right to Know Law: What You Need to Know”, Society of Women Environmental Professionals (April 2019)
  • “State and Local Regulatory Obstacles to Composting: How to Manage the Regulators”, Compost2019, U.S. Composting Council (January 2019)
  • “Managing Regulatory Obstacles: Getting What You Need from DEP”, Appalachian Pipelines Association (December 2018)
  • “Managing Regulatory Obstacles: Getting What You Need from DEP”, Pennsylvania Municipal Authorities Association 76th Annual Conference and Trade Show (September 2018)
  • “Environmental Ethics (According to the Lorax and the Runaway Bunny)”, Society of Women Environmental Professionals (May 2018)
  • “The Impact of PA’s Rejuvenated Environmental Rights Amendment on Environmental Protection”, Keystone Coldwater Conference (February 2018)
  • “The Rejuvenated Environmental Rights Amendment: What It Means for Pennsylvania Businesses and Municipalities”, York County Bar Association (January 2018)
  • “How to get What You Want from DEP (Or: How I Learned to Stop Worrying and Love the Department)”, PA Chamber of Business and Industry Fall Environmental Conferences (Fall 2017)
  • “Municipal Separate Storm Sewer Systems”, Municipal Law Colloquium, Pennsylvania Bar Institute (June 2017)
  • “The Chesapeake Bay: What Ails It and What is Being Done About It”, Lancaster County Bar Association (July 2016)
OTHER PROFESSIONAL EXPERIENCE
  • U.S. Centers for Disease Control and Prevention
  • Agency for Toxic Substances and Disease Registry
  • Battelle Pacific Northwest National Laboratory
  • Pennsylvania Department of Environmental Protection

Melanie Albert Lehman

Melanie Lehman is the general counsel of a privately held manufacturing company. Prior to this position, her practice included representation of clients in business matters, review and negotiation of contracts, representing clients in asset and stock sales and purchases and counseling business owners and managers with transactions, contracts, commercial matters and financing. She has represented lenders and borrowers in commercial loans and Uniform Commercial Code Article 9 issues. Melanie advised clients on entity selection and with governing documents, such as partnership agreements, shareholders agreements and operating agreements. She has participated in numerous seminars and panel discussions dealing with commercial and business issues.

Finance
Melanie has represented lenders and borrowers in many types of loan transactions, including secured and unsecured facilities, participated and syndicated loans, IDOTs, real estate acquisition and construction loans and tax-exempt financing. 

Mergers and Acquisitions 
Melanie has represented clients in business purchases and sales, both stock and assets, with deal values ranging in size from approximately $1 million to more than $100 million. She has assisted clients from the confidentiality agreement and letter of intent stage, through due diligence and negotiation of the purchase agreement to the closing.  

Business Law 
Melanie often served clients in an “outside general counsel” role by providing general business legal advice, risk management, contract review and drafting and coordination of legal services in other areas. She regularly advised clients in entity selection, governing documents and terms and conditions of sale.

RECOGNITIONS
  • The Best Lawyers in America®, Corporate Law (2022, 2023, 2024) Mergers and Acquisitions Law (2024)
  • Central Penn Business Journal (Forty Under 40, 2004)
MEMBERSHIPS
  • York County Bar Association, former board member
  • Pennsylvania Bar Association
  • American Bar Association

Mark A. Smith

Mark Smith concentrates his practice in counseling clients in all aspects of employee benefits and ERISA, including the design and implementation of retirement and welfare benefit plans, administration of retirement and welfare benefit plans, retirement planning and taxation of plan distributions and fiduciary law aspects of ERISA. He has considerable experience with a broad range of employee benefit programs, including qualified pension, profit sharing and 401(k) plans, welfare benefit plans (including health care arrangements, retiree health plans, cafeteria plans and VEBAS) and nonqualified deferred compensation arrangements. Before joining Barley Snyder, Mark was the manager of global employee benefits compliance at AMP, Inc., where he oversaw the design, financial management and legal compliance of benefit programs worldwide. Earlier, he was the benefits practice leader in Central Pennsylvania with an international accounting and consulting firm.

PRESENTATIONS
  • “Time for a Health & Welfare Benefit Plan Compliance Check-up,” 39th Annual Employment Law Seminar (May 2022)
  • “The COVID-19 Pandemic: Employee Benefit Plan Lessons Learned and Unfinished Business”, 38th Annual Employment Law Seminar (May 2021)
  • “Employee Benefit Considerations Related to COVID-19”, 37th Annual Employment Law Seminar (September 2020)
  • “Reducing Benefit Plan Litigation Risks”, Barley Snyder 36th Employment Law Seminar (May 2019)
  • “Employee Wellness Programs and Navigating the Compliance Labyrinth” (September 2018)
  • “Opportunities & Hazards in Retirement Plan Design”, 35th Annual Employment Seminar (May 2018)
  • “Top Payroll and Payroll Tax Issues Facing Human Resource Professionals (and Their Controllers, Too!)”, 35th Annual Employment Seminar (May 2018)
  • “Effective Employee Wellness Programs and Navigating the Compliance Labyrinth”, 2017 Barley Snyder Employment Seminar (April 2018)
  • “I’M A FIDUCIARY? WHAT NOW?!”, Barley Snyder Employment Law Seminar (May 2016)
  • “Employment Separation and Your Employee Benefits Plans”, Barley Snyder Employment Law Seminar (April 2015)
  • “No Rest for Benefit Plan Sponsors”, Barley Snyder Employment Seminar (May 2014)
  • “Health Care Reform: What does the delay of the employer mandate mean for plan sponsors?”, ACC Seminar: What Keeps You up at Night? (September 2013)
  • “Health Care Reform: Countdown to January 1, 2014 & Pay or Play”, Barley Snyder Employment Seminar, (May 2013)
  • “Managing the Challenge of Health Care Reform – Should You Pay or Play?”, Barley Snyder Business Seminar (October 2012)
  • Provided expert testimony on behalf of the Corporate Health Care Coalition before the U.S. Senate Committee on Labor and Human Resources concerning external review and ERISA remedies
  • “2012 ERISA Spotlight Will Shine on Retirement Plan Fees and Expenses”, Barley Snyder Employment Seminar, (May 2012)
  • Developed seminar on QDROs for The Dickinson School of Law Family Law Clinic
    Author of a series of employee benefit articles for the Association of Pennsylvania Contractors
  • Regional Bankruptcy Trustees Meeting – Impact of PPACA on Employers and Employer Plans
  • “Time for a Health & Welfare Benefit Plan Compliance Check-Up”, Barley Snyder Employment Law Seminar
  • “Fringe Benefits Taxation, Wellness and Self-Insured Medical Plan Discrimination Testing”, Murray IHC Health Plan Consortium
  • PA Chamber of Business and Industry Healthcare Roundtable – Understanding Healthcare Regulations
  • “Federal Healthcare Reform and What it Means for Employers”, Lancaster Bar Association
  • “Welfare Benefit Plan Document Requirements and Non-Discrimination”, Murray Construction Consortium
OTHER PROFESSIONAL EXPERIENCE
  • Mark serves as an adjunct professor of law at The Dickinson School of Law, Penn State University, where he developed and teaches the Pension and Employee Benefits Law Course and is a recipient of the Edward C. First Adjunct Faculty Award.

Michael J. Crocenzi

Mike is a partner in the firm’s Employment Law and Litigation groups. Mike steadfastly guides clients through difficult and complex employment problems. Relying on more than three decades of experience, Mike listens to clients and provides practical solutions for a wide variety of employment issues. He routinely works closely with clients to develop strategies to avoid or minimize risks.

Mike is often called upon to protect his clients’ rights. He has handled numerous employment cases in federal court, state court, Pennsylvania Superior Court, Pennsylvania Commonwealth Court, the Equal Employment Opportunity Commission (EEOC), the Pennsylvania Human Relations Commission (PHRC), the Bureau of Workers’ Compensation, and the Bureau of Unemployment Compensation. He has successfully represented clients, including obtaining favorable jury verdicts in cases involving Title VII (sex, age, disability, national origin, religion, and race discrimination), the Pennsylvania Human Relations Act, the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, the Americans with Disabilities Act, the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act, OSHA, wrongful discharge, breach of contract, non-compete agreements, workers’ compensation, unemployment compensation and defamation.

In his food & agribusiness practice, he has represented a client in the fish farm business, has defended a dairy producer in an FMLA/ADA discrimination claim and drafted employment agreements for a produce company. In his transportation practice, Mike has advised trucking companies on independent contractors versus employee issues, overtime exemption, fringe benefits, terminations, and drafted agreements.  He also has represented trucking companies in disputes involving classification of drivers.

Mike lectures on employment topics for the Pennsylvania Bar Institute, corporations and associations. He is active in the community serving on non-profit boards over the last several years. In addition, Mike is an adjunct faculty member at Messiah University teaching business law.

Read some of Mike’s recent litigation victories below:

Successfully defended a regional architectural and engineering company in federal court. A former employee of an architectural and engineering company sued the company claiming violations of the Americans with Disabilities Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Pennsylvania Human Relations Act, and Title VII (sex discrimination). Mike successfully convinced the federal judge that there was no basis for these multiple claims and the judge dismissed the case before trial.

Won an appeal with the Pennsylvania Superior Court affirming a hard won trial verdict for a regional technology company. In 2018, Mike successfully defended a technology company after a five-day trial in which two former executives were seeking almost $11 million in damages related to their termination from the company. After losing at trial, the two former employees appealed the verdict to the Superior Court. Mike once again successfully defended the technology company on appeal and convinced the Superior Court to reject the former employees’ arguments, thus preserving the jury’s verdict in favor of the technology company.

After a two-day hearing, an arbitrator agreed that a former CEO of a technology company and subsidiary of a central Pennsylvania bank must pay back his ownership stake in the company after he departed. Officials from the technology company predicted that the opposite decision from the arbitrator would have been disastrous to the company.

Obtained a jury verdict for an employer in a case brought by a terminated employee alleging breach of contract and defamation. The employee claimed the employer did not have cause based on his employment agreement to terminate his employment. He was seeking six months of wages, costs of litigation and attorneys’ fees. Furthermore, the employee alleged the employer defamed him to prospective employers so he was not able to obtain a job. The county judge dismissed the defamation claim prior to jury deliberations. The employer’s witnesses testified that the employee was fired for falsifying documents and violating the employer’s policies. The jury found in favor of the employer.

Obtained a jury verdict for an employer in a case brought by two terminated employees alleging a violation of the New Jersey whistleblower law. The plaintiffs were seeking in excess of $10 million in damages. After a week-long trial, a county jury found in favor of the employer.

Obtained a jury verdict for a landlord accused of negligence by his tenant. The tenant alleged that a leaking gutter above her front door caused ice to form on the concrete porch in front of her front door. Plaintiff claimed that while taking the trash out one morning, she slipped on a spot of ice and broke her ankle that eventually required five surgeries. After three days of testimony from various witnesses and experts, the county jury found the landlord not negligent.

Obtained a jury verdict in federal court in Philadelphia for an employer in a case brought by a terminated employee alleging a violation of the Americans with Disabilities Act. An employee claimed the employer terminated him because he suffered from attention deficit disorder. The employer presented witnesses that it terminated the employee for poor job performance. The jury agreed with the employer and found no violation of the Americans with Disabilities Act.

RECOGNITIONS
  • Best Lawyers® “Lawyer of the Year” in Harrisburg – Employment (2023) Labor Law Management (2024)
  • The Best Lawyers in America®, Employment Law – Management (2020, 2021, 2022, 2023, 2024), Litigation – Labor and Employment (2020, 2021, 2022, 2023, 2024), Labor Law – Management (2022, 2023, 2024)
  • 2017 “Volunteer of the Year” at Bethesda Mission
  • Rated A-V Preeminent by Martindale-Hubbell
MEMBERSHIPS
  • Human Resource Professionals of Central Pennsylvania
  • Society for Human Resource Management
  • York Society for Human Resource Management
  • Christian Legal Society
  • York & Dauphin County bar associations
  • Federal Bar Association
  • Pennsylvania Bar Association
PUBLICATION
  • “IRCA- Related Discrimination: Is It Time to Repeal the Employer Sanctions”, 96 Dickinson Law Review 673 (1992)
PRESENTATIONS
  • “Human Resource Hot Topics,” PennAg (October 2023)
  • “How to Avoid Legal Landmines in Recruiting,” 40th Annual Employment Law Seminar (May 2023)
  • “Effective Workplace Harassment Investigations,” 40th Annual Employment Law Seminar (May 2023)
  • York SHRM – “Medical Marijuana in the Workplace” (October 2022)
  • “Your Guide to Non-Competition Agreements,” 39th Annual Employment Law Seminar (May 2022)
  • “Employment Issues under M&A,” 39th Annual Employment Law Seminar (May 2022)
  • Barley Snyder York Business Seminar (April 2022)
  • Central PA iDay — COVID – Telecommuting (April 2022)
  • Human Resources Professionals of Central PA — COVID-19 Issues (June 2021)
  • Hanover Area Management Association — Workplace Legal issues (May 2021)
  • “Leave Issues under the FMLA, ADA and the COVID-19 Relief Bill”, 38th Annual Employment Law Seminar (May 2021)
  • “Important Factors to Consider with Teleworking Employees”, 38th Annual Employment Law Seminar (May 2021)
  • “COVID Vaccinations Webinar: The Liability Dilemma for Businesses”, York County Economic Alliance (February 2021)
  • “Compensable Time for Telecommuters (and Other Recent DOL Opinions and Withdrawals)”, York SHRM (February 2021)
  • “COVID-19 Vaccines: The Impact on the Logistics Industry”, webinar (January 2021)
  • “The Ultimate Guide to Non-compete and Non-solicitation Agreements”, 37th Annual Barley Snyder Employment Law Seminar (September 2020)
  • “Medical Marijuana”, 37th Annual Barley Snyder Employment Law Seminar (September 2020)
  • “UC Benefits, Layoffs and Furloughs”, 37th Annual Barley Snyder Employment Law Seminar (September 2020)
  • “COVID-19 HR Back to Business”, Lancaster Chamber Webinar (May 2020)
  • “COVID-19 HR Back to Business”, HRP of CPA Webinar (May 2020)
  • “COVID-19 HR & Business Webinar”, Hanover Area Chamber of Commerce (April 2020)
  • “Mock Investigation in the #MeToo Era”, Human Resources Professionals of Central PA Fall Conference (October 2019)
  • “Update on PA Law and Electronic Issues in the Workplace”, Cumberland Valley SHRM Employment Law and Legislative Conference (October 2019)
  • “Protecting the Privacy and Confidentiality of Employees”, Human Resources Professionals of Central PA’s Lunch and Learn (July 2019)
  • “All Things Electronic”, 36th Annual Employment Law Seminar (May 2019)
  • “Mock Investigation in the #MeToo Era”, 36th Annual Employment Law Seminar (May 2019)
  • “Getting a Handle on the Overlapping Issues Between Workers’ Compensation and Employment Law”, Human Resource Professionals of Central Pennsylvania’s Fall Conference (October 2018)
  • “Workplace Investigations in the Era of the #MeToo Movement”, Cumberland Valley Employment Law & Legislative Conference (October 2018)
  • “HR Exchange: OSHA, You Can be Prepared 2018”, Greater Reading Chamber Alliance (October 2018)
  • “The ADA/FMLA Crossover”, York SHRM October Full-Day Seminar (October 2018)
  • “Practice Before the PA Human Relations Commission”, Pennsylvania Bar Institute (September 2018)
  • “Workers’ Compensation: The Role of the Independent Medical Examiner”, 35th Annual Employment Seminar (May 2018)
  • “Advanced Level Practical Strategies for Solving the Mysteries of the FMLA and ADA”, 35th Annual Employment Seminar (May 2018)
  • “Preserving Electronic Evidence in a Digital World”, HRP Meeting (2017)
  • “Legal Meets Practical: Integrating Legal Best Practices and Business Realities”, HRP Meeting (2016)
  • “Are You Ready Yet for the New Overtime Regulations?” (2016)
  • “Court Rules that Former Employees are Allowed to View Their Personnel Files” (2016)
  • “What Do We Do With “I DO” After the Supreme Court’s Decision in Windsor?”, HRP Meeting (2015)
  • “How Much are You Worth?: Litigating Fee Petitions”, Employment Law Institute (2015)
  • “Advanced Sexual Harassment Issues: What May Make or Break Your Case”, Employment Law Institute (2014)
  • “Litigating Discrimination Cases in State Court”, Employment Law Institute (2013)

Michael W. Davis

Michael W. Davis is a partner with Barley Snyder and concentrates his practice in the areas of environmental, real estate, agribusiness, higher education and municipal law. Mike’s more than 30 years of practice have provided him with experience representing a wide range of clients ranging from large Fortune 500 companies to small closely held businesses, agricultural ventures, colleges, economic development companies, industrial development organizations and government entities including counties, townships, boroughs, zoning hearing boards, housing authorities, and industrial development authorities.

Environmental

As chair of Barley Snyder’s Environmental Law Group, Mike routinely assists his clients with the environmental aspects of real estate and business transactions including site remediation, permitting, cleanup compliance, and Brownfield development. Mike’s 30-plus years of experience in the environmental area have provided him with ample experience interfacing with the Pennsylvania Department of Environmental Protection (DEP) and the United States Environmental Protection Agency (EPA) on regulatory issues. Additionally, Mike has extensive experience in handling issues regarding:

  • Act 2 including attaining relief of liability and Act 2 Buyer-Seller Agreements
  • HSCA and CERCLA
  • TSCA
  • RCRA
  • The Nutrient Management Act and Act 6 compliance
  • The Chesapeake Bay Strategy Initiative
  • Marcellus Shale leasing and contracting/permitting issues associated with natural gas removal and fracking procedures
  • Environmental regulatory compliance issues including EPCRA Section 313 Form R reporting and lead based paint notifications and enforcement actions

Recently, Mike has handled high profile environmental projects including the Northwest Gateway Project and the Turkey Hill Experience:

  • The Northwest Gateway Project is a two phase project that involves the restructuring and redevelopment of an entire quadrant of the City of Lancaster. Mike has served as the primary counsel for the project partners on both phases of the Project. The first phase included the redevelopment of a 47-acre portion of the former Armstrong World Industries, Inc.’s Liberty Street Flooring Plant. Working on behalf of Franklin & Marshall College, Lancaster General Hospital and EDC Finance Corporation, Mike assisted in securing and negotiating appropriate legal documentation for federal, state and local funding including Business In Our Sites and Growing Greener II funding. Mike secured the rezoning of the 47-acre parcel as well as an Act 2 Buyer-Seller Agreement for impacted soils and groundwater at the site. Mike also negotiated appropriate agreements with the impacted municipalities to assure coordinated development of the site and related infrastructure improvements. The second phase of the Project involves the relocation of Norfolk Southern Railway Company’s Dillerville Rail Yard. On behalf of Franklin & Marshall College and Lancaster General Hospital, Mike successfully negotiated a Master Development Agreement with Norfolk Southern Railway Company that details the process for the development and construction of the new rail yard over a former municipal landfill with the existing Dillerville Rail Yard then transferring to the College and the Hospital. This second phase of the Project involves securing Act 2 clearance for the new rail yard site and significant infrastructure improvements. When complete, this $70 million plus project will transform the northwest quadrant of the City of Lancaster and will provide Franklin & Marshall College and Lancaster General Hospital with the opportunity to develop a state-of-the-art “Meds and Eds” campus.
  • The Turkey Hill Experience project is a private/public partnership aimed at redeveloping an abandoned industrial facility in Columbia Borough, Lancaster County into a major tourist attraction. Mike was retained by the Borough to provide guidance on Act 2 issues and the site clean-up plan. Mike successfully negotiated an Act 2 Buyer-Seller Agreement positioning this unique project to move forward to completion.
Real Estate

Mike’s real estate practice dovetails with his work in the environmental, municipal and agribusiness areas. In addition to land use, zoning, easement, tax assessment appeals, leasing and conveyance matters, Mike has handled a number of eminent domain matters. 

  • In a recent prominent takings case, Mike served as a primary counsel to Lauxmont Holdings, LLC, the developer and condemnee, in both the validity and valuation trials regarding 79 acres of land at the Lauxmont Farms property (“Highpoint”) in Lower Windsor Township, York County, Pennsylvania. This highly controversial case involved York County’s taking of land for a public park where the land in question was approved for development and under development by Lauxmont Holdings. While the Court of Common Pleas upheld the taking, a York County jury awarded Lauxmont Holdings a judgment of $17.25 million plus interest at the conclusion of the valuation trial. The County’s initial offer of just compensation was only $2.0 million.
Agribusiness

In the agribusiness area, Mike has significant experience with securing zoning, soil conservation district approvals and permitting associated with developing Concentrated Animal Feeding Operations (CAFOs). These CAFO projects also typically involve Nutrient Management Act and Act 6 issues including manure importer and exporter agreements. Mike is also well-versed on nutrient credit trading and related trading agreements as well as storm water issues associated with agricultural operations.

Higher Education

In the higher education area, Mike serves as a primary contact for several private colleges and a community college in the region on issues relating to board governance, redevelopment activities, non-profit status, environmental compliance and environmental audits, safety and security concerns including police powers, faculty, personnel and student matters, contract review and negotiation including sole source contracting, zoning and land development, and real estate acquisition and leasing. Mike is experienced in dealing with the Americans with Disabilities Act (ADA) and the Campus Security Act and is a member of the National Association of College and University Attorneys.

Municipal

In his municipal practice, Mike focuses on the representation of public bodies including boroughs, municipal authorities, economic development companies, industrial development companies, and zoning hearing boards. Mike works closely with municipal officials and staff in dealing with public bidding issues, the Sunshine Law, the Right-to-Know Law, the Ethics Act, the Eminent Domain Code, zoning determinations, permitting issues, Environmental Hearing Board proceedings, DEP enforcement actions, leasing issues, reviewing and revising bid specifications and construction contracts, vendor contracts and personnel issues. 

  • Mike serves as the solicitor for the Letterkenny Industrial Development Authority (LIDA) in Chambersburg, Pennsylvania. LIDA is a local reuse authority under the Defense Base Closure and Realignment (BRAC) regulations and is responsible for the development of the Cumberland Valley Business Park. As solicitor, Mike negotiated with the United States Environmental Protection Agency one of the only depth limited conveyances of real estate in the United States under the BRAC guidelines and finalized the Memorandum of Understanding (MOU) between the Department of Defense and LIDA. In addition, Mike provides guidance on LIDA board of director issues and prepares appropriate legal documents to facilitate the transfer of the BRAC property from LIDA to third parties within the business park.
RECOGNITIONS
  • Select Lawyer, Polk-Lepson Research Group; Environmental Law
  • Corporate American Legal Elite – Agricultural Ventures (2015)
  • Pennsylvania Super Lawyers; Real Estate Law (2014)
MEMBERSHIPS
  • American, Pennsylvania and Lancaster Bar Associations
  • Pennsylvania Borough Solicitor’s Association
  • National Association of College and University Attorneys
PRESENTATION
  • “Ever-Changing Challenges of Construction & Development in PA”, Wake up with Barley: A Morning on Real Estate (June 2018)
OTHER PROFESSIONAL EXPERIENCE
  • Penn State University Continuing Education Program for Realtors (Instructor)

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