Practice Areas | McNelly Law Group

Complex Dispute Resolution & Litigation

While our firm handles a wide range of negotiation and litigation matters on behalf of our clients, we are at our best when we’re dealing with the most complex and nuanced cases. Our attorneys have handled litigation for one of the largest national civil rights organizations and have represented a major political party both at the federal and state level. We’ve helped regional manufacturers stave off existential threats and have resolved hostile partnership disputes that – before us – went on for years.

We are regularly consulted by firms across the country on complex issues in their open cases, and we’re nationally known as leaders in dispute resolution & litigation.

Our attorneys have successfully defended a national political party against attempted enforcement of a frivolous $20 million judgment.

Constitutional Law & Civil Rights

In our Constitutional & Civil Rights practice, we assert and defend the rights of individuals whose constitutional liberties have been abridged. We have the depth of knowledge and experience needed to engage with the entire life-cycle of civil rights cases, from understanding the interplay of state and federal law with state and federal constitutions to extensive experience writing clear and convincing pleadings all the way to courtroom advocacy.

Representative Engagements:

On behalf of a multi-million-member civil rights organization, our attorneys worked to vindicate the group’s Pennsylvania-based members’ rights to be free of interference from illegally enacted ordinances passed by Pennsylvania municipalities in violation of a Pennsylvania pre-emption statute.
Our attorneys have sued and have also negotiated settlements on behalf of students whose free speech has been suppressed, on behalf of citizens whose property has been illegally seized and on behalf of crime victims whose rights have been violated by government actors. In these and other cases, we have obtained monetary settlements, the return of property and changes to government behavior.

Transactional Law

Organizations of all sizes seek our counsel in transactional matters because we consistently deliver results. All of our efforts center around one fundamental premise: completing transactions on favorable terms for our clients while minimizing reputational risk.

Our work includes all aspects of transactional law ranging from mergers and acquisitions to municipal bond offerings, to negotiating vendor contracts.

Representative Engagements:

Successfully argued for a reduction of more than 20% in the real estate taxes assessed against a multi-unit, multi-owner condominium development.
Helped a regional bank grow into a national financial powerhouse by assisting in site selection and securing zoning and land use approvals for more than 50 new bank branch locations.
Assisted a nationwide food chain with zoning and land use as part of the chain’s expansion into the Philadelphia region.
Secured land use and zoning approvals for the construction and on-time opening of three regional supermarkets anchor tenancies, each in excess of 80,000 square feet.

Commercial Real Estate Law

Our attorneys have extensive experience representing both large and small businesses (retail and otherwise), as well as commercial landlords, in all aspects of their operations. Our broad interdisciplinary practice encompasses commercial leasing, employment law, franchising, mergers and acquisitions, construction, and other needs of retail and other enterprises.

In the real estate context, our attorneys have shepherded multi-national corporations through the maze of site identification and acquisition and have successfully negotiated on behalf of our clients with PennDOT, the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (DEP), and the federal Environmental Protection Agency (EPA).

Representative Experience:

Supervised acquisitions of commercial properties and restaurant chains, including several companies with more than sixty stores, ushering in client growth from 100 to nearly 400 stores worldwide.
Served as special turnaround counsel for a number of major national retail chains, conducting, managing, and/or coordinating dozens of litigations and lease negotiations simultaneously nationwide.
- Successfully argued for a reduction of more than 20% in the real estate taxes assessed against a multi-unit, multi-owner condominium development.
- Helped a regional bank grow into a national financial powerhouse by assisting in site selection and securing zoning and land use approvals for more than 50 new bank branch locations.
- Assisted a nationwide food chain with zoning and land use as part of the chain’s expansion into the Philadelphia region.
Secured land use and zoning approvals for the construction and on-time opening of three regional supermarkets anchor tenancies, each in excess of 80,000 square feet.

Trusts & Estates

Our firm offers advice in a wide range of trust, estate, tax, and non-profit areas. Our attorneys represent clients from the initial estate planning stage, through the administration of the estate and on-going trust administration. They have frequently represented multiple generations of families. They also advise individuals, fiduciaries, and non-profits with respect to their tax issues including the preparation of tax returns.

Charities

Representing non-profit organizations of many types including charitable trusts, public charities, private foundations, and clubs.

Advising the creators of the organization, incorporating and preparing the initial corporate documents, applying for recognition of exemption from IRS, advising on an on-going basis, preparing 990s, and other information returns.

Estate and Trust Administration

Assisting executors and administrators of estates from the death of the individual, through probate, gathering and valuing assets, paying debts and other expenses, preparing and filing estate and inheritance tax returns, and ultimately paying bequests and distributing assets to the beneficiaries.

Administering trusts from their creation, through the trust term, to distribution to the beneficiaries at the termination of the trust. This includes advising grantors and trustees, preparing annual fiduciary income tax returns, and preparing court accountings.

Estate Planning

Helping clients attain their goals through wills and various forms of trusts, whether those goals include passing their wealth to the next generations or philanthropy.

Planning includes powers of attorney and living wills, possibly the most important documents for the client during his or her lifetime.

Tax

Advising and preparing income and other tax returns for individuals, fiduciaries, non-profits, and small business entities such as family limited partnerships, S corporations, limited liability companies, and limited liability partnerships.

Corporate Governance and Employment Law

Our attorneys have extensive experience representing both large and small businesses in various sectors, as well as commercial landlords, in all aspects of their operations. Our broad interdisciplinary practice encompasses commercial leasing, employment law, franchising, mergers and acquisitions, construction, and other needs of the enterprise.

Served as special turnaround counsel for a number of major national retail chains, conducting, managing, and/or coordinating dozens of litigations and lease negotiations simultaneously nationwide.

Workers’ Compensation Law

Work-related injuries are a significant cost both to the injured worker and to the employer, whether self-insured or represented by an insurance carrier. We have decades of experience in workers’ compensation at all levels, from the promotion of workplace safety in order to avoid injury in the first place, to initial investigation of the injury, appearance at workers’ compensation hearings before judges or arbitrators, depositions of expert medical witnesses and other significant witnesses, presentation of legal and factual arguments, briefs, and appeals through various tribunals through the Supreme Court of Pennsylvania.

An often-overlooked party in the contest between injured workers and employees is the health care provider. Counting on Claimant’s counsel to look after the provider’s interests can involve inherent conflicts of interest. Our attorneys have developed particular experience in the dedicated representation of health care providers, ensuring that their specific interests are not neglected. In addition to advocating for the reasonability and necessity of treatment in the Utilization Review context, and for full reimbursement at hearings to contest Fee Review Determinations, our attorneys have an unparalleled track record of success in collecting millions of unpaid dollars due to health care providers from Workers’ Compensation insurers.

Mergers & Acquisitions

The firm has over 20 years’ experience in the purchase and sale of businesses, including both asset purchases and stock purchases. This includes sales that include the transfer of real property, assignment of leases and contracts, transfer of liquor licenses, assignment of franchise agreements, assignment of intellectual property, and the sale of equipment.

Firm Turnaround Practice

We have played a significant role in the turnaround of a national children’s clothing chain that closed half of its stores. Negotiations with the chain’s landlords and vendors, and litigation of disputes with the chain’s creditors, led to the chain again becoming a public company with 1,000 stores.

The firm has also done substantial turnaround work for electronics companies, clothing chains, and manufacturing companies. We also negotiated numerous rent relief agreements and overall lease exit strategies nationwide with most major landlords.

Our attorneys have lead counsel in both asset and stock purchases of quick service national restaurant chains and the subsequent negotiations to reduce and/or eliminate debt from banks, landlords, and vendors, all leading to the emergence of successful restaurant chains.

We have also facilitated growth work after the turnaround or purchase with the following transactional work: Leasing, contracts, and franchising work for the resulting healthy stores/companies.

Franchise Practice

We have more than 20 years of franchise experience. We have developed the franchise system both domestically and internationally for a restaurant group, handled the acquisition of several franchised chains for a restaurant group. The firm oversaw:

Franchise agreements, guarantees & subleases
Trademark issues in connection with the franchise systems.
Franchise agreements and subleases with franchisees.
Disputes with franchisees, including sending default letters, managing litigation for issues, such as nonpayment and violation of the non-compete provisions and terminations.
Ongoing legal issues with franchisees, including menu board and nutrition disclosures.
Construction issues with franchisees.
Sales of stores to and from franchisees.
Agreements on behalf of the restaurant group when it was a franchisee.

Partners in the firm have almost 30 years of commercial lease experience, negotiating leases with all major developers for malls, airports, arenas, casinos, transportation hubs, universities, and street locations. We also have experience in obtaining liquor licenses for full service and quick service locations, commercial contracts for restaurants, and related employment issues.