It is an incredible honor to have been unanimously elected by my partners to succeed Jeff Lobach as Barley Snyder’s managing partner effective January 1, 2024. Under Jeff’s leadership, the firm experienced unprecedented growth and expansion. In 2014, when Jeff first began his role as our managing partner, we were a firm of 55 lawyers with five offices. Today, we have more than 130 lawyers across 11 offices. Jeff will continue to service clients as a partner in the firm and I look forward to expanding upon his vision as our firm continues to deliver the highest quality client service with a communityoriented approach.
Reflecting upon this past year, it is evident how much our firm and its team members have accomplished. We expanded our Malvern office to nearly double in size to accommodate clients and staff and increase accessibility
for one of the firm’s fastest-growing locations. With the expansion, the firm elevated its intellectual property practice while addressing other legal needs in the Chester County and neighboring Greater Philadelphia area. In addition to our Malvern expansion, the firm merged its Reading and Wyomissing offices into one enhanced location and nearly tripled the size of our Gettysburg office. The firm also added the Lebanon-based Reilly Wolfson law firm, bringing on eight lawyers, three paralegals and 15 staff members. Additionally, more than a dozen other attorneys, paralegals and staff joined the firm throughout our footprint. Aside from growing our talent, we continue to expand our practice offerings and resources through launching new teams, sharing our insights via alerts and podcasts as well as hosting both virtual and in-person events.
Our firm’s progress has not gone unnoticed. To highlight a few of our accolades, Barley Snyder was named to the Best Law Firms® 2024 Edition in 25 different practice areas. Our firm was also named to The Legal Intelligencer’s 2023 Watch List based on our geographic and new hire growth – and Barley Snyder was the only Central Pennsylvania-based firm to be recognized on the Watch List among other Philadelphia-based and Pittsburgh-based firms.
Workplace culture was a continued priority for the firm in 2023. The firm focused on delivering an inclusive and belonging environment supported by committees focused on recruitment, mentorship, wellness and Practice Excellence®. Moreover, continuing its focus on being an employer of choice, Barley Snyder was named one of the 2023 Best Places to Work in PA by Central Penn Business Journal for the second consecutive year. This recognition emphasizes that as our firm evolves, we continue to value and prioritize our team members.
For more than 30 years, I have had the honor of practicing at Barley Snyder. I look forward to my new role, building on our firm’s strong record of growth and excellent service to our clients and our communities.
Jennifer Craighead Carey, Esq. jcraighead@barley.com
717-399-1523
In April 2023, we welcomed the Lebanon, Pa.-based law practice of Reilly Wolfson to Barley Snyder. With the transaction, Reilly Wolfson’s eight attorneys, three paralegals and 15 staff members joined the firm. The affiliation enhances Barley Snyder’s strategic direction, filling in its geographic footprint and enabling it to further enhance its community-oriented model.
“It has been a wonderful journey having the opportunity to expand in areas complementary to our existing markets and communities,” said former managing partner Jeff Lobach. “The addition of these excellent and widely respected lawyers will attract and retain clients who are loyal to our Lebanon counterparts. We have been active in the Lebanon market for decades and look forward to strengthening relationships there and enhancing our services for years to come.”
All attorneys and staff have remained at their office located at 1601 Cornwall Road in Lebanon.
“Our affiliation with Barley Snyder will give our existing and potential clients access to numerous areas of legal services that we could not otherwise provide, as well as additional support by highly qualified professionals and access to the latest technology. This also provides clients continuity and consistency into the future,” said Loren Schrum, former managing partner of Reilly Wolfson.
To contact the new Lebanon office, please call (717) 273-3733.
In September, the firm completed renovations to its Gettysburg office. The expansion followed significant growth in the Adams County area and underscores the firm’s commitment to expanding its presence in the historic downtown location. The location now boasts a total of 7,200 square feet, providing ample room for both internal and external visitors from across the firm’s footprint.
“This has been a very exciting time for our Gettysburg office,” said attorney Adam Boyer. “We look forward to our continued strategic growth within Adams County and beyond, enabling us to better serve our clients and communities.”
In October, the firm consolidated two of its offices in Berks County to operate in one expanded location. The firm’s Century Boulevard office underwent renovations to enlarge and enhance the space. Professionals from the firm’s former downtown Reading office, located at 50 North 5th Street, relocated to the 2755 Century Boulevard office which became part of the Barley Snyder footprint in 2022 when the then Leisawitz Heller firm joined Barley Snyder.
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I have been impressed by the firm’s ongoing commitment to optimize the efficiency of our services and capabilities,” said partner Chuck Phillips. “I look forward to having our team members in the region under one roof while continuing to serve our clients and communities throughout Berks County and beyond. “
In November, the firm completed renovations to its Malvern office which has nearly doubled in size to accommodate clients and staff while increasing accessibility for one of its fastest-growing locations. The expansion allows for additional conference room space in another suite location, providing another 1,000 square feet. The added space also further elevates our IP practice while facilitating the use by other practitioners at the firm.
“It has been a pleasure to witness the steady growth of our intellectual property practice and the firm as a whole,” said Salvatore Anastasi, partner and chair of the Intellectual Property Practice Group. “These recent renovations provide us with the space needed to accommodate additional attorneys to handle our expanding patent docket and better serve our valued clients across all practice areas.”
We welcomed 21 attorneys and five paralegals to Barley Snyder in 2023 in addition to several administrative staff members.
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It’s an incredible honor to work for such a successful, regional law firm that has demonstrated significant growth in Pennsylvania over the years. I look forward to
assisting my clients and furthering my practice at Barley Snyder.
- Attorney Julia Parrish on joining the firm “
As Barley Snyder grew strategically in terms of talent and geography, the firm continues to grow its practice offerings and resources by creating new teams to better serve our clients and further help them be successful.
In May, the firm formed a liquor law practice that focuses on the complex area of liquor law and the unique legal needs of businesses that provide alcoholic beverages in the state. Barley Snyder’s Liquor Law Practice team has extensive experience in all areas of liquor law including: the purchase and sale of licenses, intermunicipal transfers, licensing, extension of licensed premises, opening and operation of storage and satellite locations, enforcement, and manufacturing licenses such as limited winery, limited distillery and brewery licenses. Our attorneys are also well-versed in representing licensees before the Pennsylvania Liquor Control Board (PLCB) in
defending Liquor Control Enforcement actions including subsequent appeals to the Court of Common Pleas and the Commonwealth Court. Attorney Larry Heim, who has been helping businesses in the hospitality industry obtain and defend their liquor licenses for more than 40 years, leads the group comprised of nine legal professionals.
“The legal landscape of liquor law is challenging and ever evolving. Navigating it successfully requires in-depth knowledge of the process and boots on the ground in order to develop creative solutions,” said Larry. “We look forward to being a trusted resource for businesses seeking counsel on their liquor law matters.”
On January 1, 2021, Congress enacted the Corporate Transparency Act (“the Act”), which requires that certain companies disclose the identity of their beneficial owners and provide other information to the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) beginning January 1, 2024 — commonly referred to as the “Reporting Rule”. In anticipation of the Act, the firm formed its Corporate Transparency Act Response Team to keep our clients up to date with the new regulations. Throughout 2023 and early 2024, our team members authored numerous alerts about the Act and its Reporting Rule in addition to providing timely webinars on the topic.
The professionals in our Corporate Transparency Act Response Team, led by partners Dan Desmond and Jeremy Frey, are here to help companies comply with the Act. From analyzing whether an entity falls into the Reporting Company category to assisting with the filing of Beneficial Ownership Information Reports though FinCEN’s BOI E-Filing System, we can guide you through the process.
Dan Desmond Corporate Transparency Act Response Team Co-Chair
Larry Heim Liquor Law Practice Chair
Jeremy Frey
Two new partners were elected to the firm’s partnership group effective January 1, 2024.
Jennifer is a member of the Trusts & Estates and Elder Law groups with more than 20 years of experience. She focuses her practice on estate planning and estate administration in addition to representing clients in guardianship matters and Medicaid planning matters. Her work in estate planning and administration dovetails with the business and real estate elements of her practice. A Hanover native, Jen dedicates her time to serving in various board and committee roles for local organizations including as a board member for The Eichelberger Performing Arts Center and the York County Community Foundation.
Luke is a trial attorney in the Litigation and Health Care groups with more than a decade of experience. He is well-versed in all stages of litigation and has represented clients in numerous cases throughout Pennsylvania in state and federal courts. Luke devotes a substantial portion of his practice to defending doctors, hospitals and health care professionals against medical malpractice claims in addition to maintaining an active commercial litigation practice. The Lancaster County native is active in his community, serving on the boards of the Lancaster County Food Hub and the Lancaster Bar Association.
We also announced several leadership changes for 2024.
Jennifer was unanimously elected managing partner and chief executive officer for a two-year term, following the conclusion of former managing partner Jeff Lobach’s ten years of service in this role. Her election marks a milestone as she is the firm’s first female and first person of color to be named managing partner. Jennifer began her legal career in 1993, joining Barley Snyder as an associate in the firm’s Employment Practice Group, ascending to partner in 2001 and serving as practice group chair for 14 years in addition to other leadership roles within the firm.
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For the past three decades, I’ve had the privilege of dedicating my career to Barley Snyder. Being chosen as our firm’s next managing partner is an incredible honor.
– Managing Partner Jennifer Craighead Carey
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“Here at Barley, our priorities are people – our team members and the clients and communities we serve. Every day, I stand with our amazing team working to provide the highest levels of service and helping to guide and enhance our firm’s strategy. – Chief Strategy Officer Meghan Neff
Jennifer previously served as Director of Human Resources since 2015, overseeing policy development, benefit administration, talent management and labor relations for the firm. With over two decades of experience, she will continue to focus on evolving conditions in all aspects of the labor market, including compensation and benefits. “I am proud of the team that we have developed and look forward to the future,” Jennifer said.
Since 2015, Meghan has served as Director of Business Development, leading the firm’s marketing, business development and communication efforts. In her new role, she will continue to oversee those operations in addition to dedicating more time to research and analysis of the professional and business environment. Meghan will be directly involved with firm leadership in developing strategy and executing its vision, utilizing her more than 15 years of experience in the legal field.
Jeremy was elected to a one-year term on the firm’s management committee, taking Jennifer Craighead Carey’s place. The management committee is responsible for the leadership of the firm and the achievement of its long-term goals. Jeremy concentrates his practice in the areas of business and real estate. He currently serves on the board of directors of the Hanover Area Chamber of Commerce.
John was elected to a two-year term on the firm’s management committee. John, who served previously on the committee, focuses his practice on counseling family owned and closely held businesses as well as buying and selling businesses. John is committed to his community, currently serving as chair for the Lancaster City Revitalization & Improvement Zone (CRIZ) Authority in addition to other roles with local organizations.
M&A transactions, whether on the buy-side or the sell-side, have always involved challenges.
The “traditional” challenges often revolve around a lack of preparation, particularly in the financial reporting area, by prospective sellers and, in some cases, the failure of buyers to effectively integrate acquired businesses. A lack of seller preparation can affect valuation, the timing of a transaction and, in some cases, the ability to close a transaction at all. On the buy-side, buyers may fail to use the information gained during due diligence to achieve synergies or take advantage of opportunities to enhance revenue.
During the panel discussion at the Lancaster session of our 2023 Business Seminar Series, the panel members (shown below) identified some additional, current challenges in the M&A area:
• Seller Expectations – EBITDA multiples are down from the levels experienced during the “perfect storm” of 2021. As a result, some sellers have elected to remain on the sidelines altogether, while others may need to accept that an earnout may be required to achieve an “acceptable” purchase price. Earnouts can be challenging to structure and can also lead to post-closing disputes;
• Lending Environment – due to a variety of factors, such as the fallout from the Silicon Valley Bank situation and the regulatory reaction to that situation, some banks have recently been reluctant to support M&A transactions with senior debt and, even when banks do lend into transactions, they have often lent out lower multiples (which in turn, will likely lower transaction multiples). The M&A market, however, has often been able to overcome this obstacle with more equity, seller financing and non-bank lenders; and
• Due Diligence – this part of the M&A process, which was already challenging and tedious, has become more thorough and time-consuming than ever. Buyers are often unwilling to start on the M&A documentation process until due diligence is fairly far along – which further extends the overall transaction process. Private equity groups and foreign parties do particularly thorough due diligence. Thus, it is important for prospective sellers to prepare for the due diligence process. Such preparation may include commissioning a third-party seller’s quality of earnings (QofE) review – which are important to buyers, RWI insurers and buyers’ lenders – and being prepared for new areas of scrutiny such as ESG – some buyers will not even consider seller candidates if certain ESG topics have not been addressed.
Ryan
Notwithstanding these traditional and current challenges, M&A transactions are still getting done, although the process may be a bit “bumpier” than in the past. Two reasons for the continued M&A activity are, on the buy-side, the high level of funding held by both private equity groups and strategic buyers waiting to be invested in transactions and, on the sell-side, the number of business owners, particularly baby boomers without a family succession plan, who need business exits.
Some fairly recent developments in the M&A area include:
• Deal Studies – more information than ever is available as to what is “market” in M&A transactions. These “market terms” include both economic measures used to calculate purchase price and legal terms in purchase agreements. While these “market terms” are not necessarily “determinative” in specific transactions, they are helpful reference points;
• Representations and Warranties Insurance (RWI) – this insurance policy (the buyer is usually insured) provides coverage (often subject to a market deductible) to securing post-closing indemnification claims by the buyer and allows a more modest indemnification escrow from the seller. RWI has become more available and cost efficient for middle market transactions and is now more often than not used in larger transactions;
• Sellers Forms of Agreement – in a competitive sales process, prospective buyers may be asked to mark-up a form of purchase agreement presented by the seller. This procedure allows a seller to assess the likelihood of reaching an agreement with a buyer and the competitive element of the process encourages buyers to be reasonable in their mark-ups;
• Deal Structure – tax strategies, particularly “F reorganizations”, have developed which can lead to positive tax results for both buyer and seller, particularly with respect to seller rollovers into buyer equity; and
• QofE Studies – as previously noted, buyer QofE studies have become very common and seller QofE studies may assist buyers in their due diligence and can also lead to sellers being more prepared to provide potential buyers with the financial information they need.
We are dedicated to giving back to our communities through financial support, community leadership and volunteerism.
Our firm served as a Grand Slam Sponsor of the Boys & Girls Club of Lancaster, a youth organization that provides daily programs focused on healthy development and academic success. In October, several of our professionals volunteered to play kickball with children at McMurtrie Clubhouse. Following kickball, our team members helped serve warm meals to the children.
In September, the Pennsylvania Immigration Resource Center (PIRC) recognized Barley Snyder with the 2023 Light of Liberty Law Firm of the Year Award based on the firm’s ongoing pro bono work and commitment to advocating for immigrants, most recently with pro bono efforts to assist immigrant survivors of violence in Pennsylvania. The PIRC, based in York, Pa., provides free legal services and education to help immigrants obtain or protect their legal status. For nearly 30 years, our professionals have been volunteering their time to this nonprofit organization.
PIRC was originally established largely as a result of the community’s response to the indefinite detention of asylum seekers in York County which occurred in 1993. These events spurred a pro bono immigration project which became nationally known as the “Golden Venture” and was spearheaded by managing partner Jeff Lobach, then president of the York County Bar Association.
Watch our video series
“Remembering the Golden Venture” at the QR code
Learn more about our work with PIRC at the QR code
Our firm supports United Way organizations across our footprint. The nonprofit seeks to advance education, economic mobility, and improve the health of our communities. We thank our employees for donating to our Annual Giving Campaign in 2023 which raised over $100,000 for the United Way. Attorney Caleb Setlock serves on the board of directors of the United Way of Lancaster County, and attorney Adam Boyer serves on the board of directors of the United Way of Adams County.
We believe in making strides, not only in our profession, but also in our community.
No matter the challenge, we tied up our laces and hit the pavement, even pushing the pedal to the metal for annual fundraising events that hold a special place in our hearts.
Our firm was proud to support several community organizations through runs and walks in 2023.
nearly $93,000.
In April, we participated in the annual YWCA Race Against Racism at Musser Park in Lancaster City. Pictured above are our Barley racers from left to right: marketing coordinator Hannah Rios, attorneys Tasha Stoltzfus Nankerville, Jill Sebest Welch, Derek Dissinger, Caleb Setlock, paralegal Jessika Warnick and attorney Luke Weber.
We sponsored the Walk to End Alzheimer’s in York which raised
All funds were allocated toward the care, support and research efforts of the Alzheimer’s Association. Pictured above is attorney Jeff Lobach, paralegals Cathy Eveler & Becky Munscher, and attorney Stacey MacNeal who is involved with the organization.
The United Way of Lancaster held its annual Trike Race at Clipper Magazine Stadium in May which raises community funds. Attorney Luke Weber raced along with local businesses as part of the Lancaster County Food Hub team where he serves as a board member.
Providing our clients with exceptional service and quality work is a priority at Barley Snyder. In fact, “putting our clients first” is our number one core value. Check out some examples of how we “put our clients first.”
Barley Snyder’s Senior Living Industry Group completed several corporate transactions in 2023, including the corporate affiliation of two major Pennsylvania lifecare communities – Moravian Manor Communities and MorningStar Senior Living. The combined assets of these nonprofit communities exceed $300 million. The Barley team worked closely with the Moravian Manor board and the executive team of J. David Swartley who now serves as CEO of both organizations. The project involved the formation of a new parent
entity, Unitas Communities, as well as obtaining Pennsylvania Attorney General and Orphans Court approvals, numerous regulatory filings, board and church approvals, transaction documentation and other activities undertaken by senior living group attorneys: Chris Churchill who leads the group, Jennifer Craighead Carey and Tim Dietrich , paralegal Jamie Hudson and others.
During 2023, Moravian Manor Communities was involved in structuring an affiliation with Morningstar Living in Nazareth, Pennsylvania. This is an intensive process with many legal and regulatory barriers to conquer. Chris Churchill and his team skillfully assisted and guided us through a totally new process for our team and we successfully reached our goal in November. During this time, Barley Snyder also guided us with superior human resource counsel and helped us navigate through other business issues. I am pleased to partner with Barley Snyder and can attest to their competent and prompt response.
– J. David Swartley, President & CEO of Unitas Communitie sWhen the Silicon Valley and Signature Bank failures occurred in March, Barley Snyder’s bank regulatory attorneys responded swiftly, providing valuable industry insights to clients and industry participants. Attorney Amanda Kowalski authored a client alert that garnered significant attention nationwide and formed the basis for a widely attended webinar she presented along with partner Paul Mattaini . Paul and Amanda presented on the bank failures and related topics to both local and
national audiences.
Barley Snyder’s seasoned team of banking professionals, including partner Kim Decker , Paul, Amanda and others, have continued to advise clients on a variety of issues, including compliance, regulatory and transactional matters. To learn more about our Banking Industry Group, visit: www.barley.com/capability/banking/
J. David Swartley
Kimberly Decker Amanda Kowalski Paul Mattaini
In December 2023, NorthPoint Development broke ground for the highly anticipated Manchester Commerce Center in York County.
The project will create over 2 million square feet of warehouse space in three separate buildings in Manchester Township. In addition to the warehouse space, the project will provide vital improvements to community resources. A new public road – to be named “Regional Way” – with traffic signals connecting Canal Road to Susquehanna Trail will be created. Improvements will be made to the I-83 Exit 28 interchange and a pad-ready site for the construction of a new Northern York County Regional Police Station will be created.
Barley Snyder attorneys Stacey MacNeal , Reilly Noetzel , and John Coles have been heavily involved with the rezoning and land use aspects of this complex project. Barley Snyder’s involvement began in spring of 2021 with rezoning the property and has continued through zoning hearing board approvals, preliminary and final land development plan approvals as well as navigating Local Economic Revitalization Tax Assistance (LERTA) and assistance with drafting complex agreements with Manchester Township, East Manchester Township, Conewago Township, and neighboring property owners.
“Manchester Commerce Center is an investment of approximately $308 million,” said Brian Stahl, Vice President
of Development at NorthPoint Development. “Our investment is expected to create over 1,600 jobs - both construction and permanent operational jobs upon completion. A project of this size and scope doesn’t happen without a large team of individuals supporting the project. The team at Barley Snyder provided exceptional legal guidance throughout the project as we worked through the land use approvals process at the local and state level. We truly appreciate everyone’s partnership in bringing this project to fruition.”
NorthPoint Development is a privately held real estate operating company specializing in developing, leasing, and managing Class A industrial and multi-family properties. They invest alongside their partners through various fund and venture structures to develop industrial and multi-family assets. They differentiate themselves with a data-driven approach to site acquisitions and a high level of technical expertise in engineering, architecture, and construction. Through their in-house suite of services, NorthPoint can provide end-to-end expertise, leading to expedited solutions. They continue to operate with an entrepreneurial spirit guided by their core values, enabling them to deliver exceptional results for their team members, clients, and partners. Currently, NorthPoint boasts a 149.9 million square foot industrial portfolio, 5.4 thousand multi-family units developed and managed, and $19.2 billion in assets under management.
“It has been a pleasure working with the NorthPoint team – Brian Stahl, Shannon Buster and Ryan Oberle – on this project,” said Stacey MacNeal. “The new commerce center will be an asset to the community,” said Stacey.
In addition to NorthPoint, several engineering firms have played an integral role in the project, including Landworks Civil Design, Transportation Resource Group and Erdman Anthony.
Learn more about NorthPoint Development here: www.beyondthecontract.com
Learn more about Barley’s seasoned land use attorneys here: www.barley.com/capability/real-estate/land-use/
In November, Miguel Nistal served as the keynote speaker at our Lancaster Business Seminar, providing an overview of the Woodstream Corporation and highlighting its successful growth over the years. The Barley Snyder team, including partners Paul Mattaini , Salvatore Anastasi , Michael Crocenzi and Michael Davis , work frequently with Woodstream to help them achieve their business goals. Here, we take a closer look at Woodstream’s strategies for success and provide a glimpse into the company’s future.
“A CEO does two things: sets the strategy and picks the people,” a common phrase that Miguel Nistal, CEO and President of Woodstream Corporation, uses when describing his role.
The strategy? A focus on innovation and creating a talented and diverse team to generate the best products in the market. “It’s important to surround yourself with the best people who are willing to challenge your decisions and you must be prepared to accept their input. This is how businesses are successful,” Miguel added. A strategy that has proven highly effective for the Woodstream Corporation – a leading manufacturer and distributor of pest and animal control products, lawn and garden products, and bird feeding supplies.
The company operates a portfolio of thirteen different brands, serving a wide range of customers from homeowners and hobbyists to professional pest control operators. With origins dating back to the 1800s, Woodstream has a long history of innovation in the pest control and outdoor product industries. The company’s legacy includes the iconic Victor® mouse trap, a testament to its enduring commitment to quality and effectiveness.
Through acquisitions and organic growth, Woodstream continuously seeks to expand its product offerings and geographic reach, making it a global leader in the industry. The Safer® brand recently launched its Safer® Home Indoor Fly Trap – the number one selling product on Amazon in lawn and garden. The Dynatrap® brand has released a new line of devices which are smaller and more effective. Under the Perky-Pet® brand, a line of digital bird feeders is being developed equipped with motion-sensitive cameras which notifies the user when a bird is detected in addition to utilizing artificial intelligence to identify bird type. “Innovation has the largest impact – and it can be measured,” said Miguel.
Aside from organic growth, Woodstream’s innovation often comes through acquisition. In
January, Woodstream acquired Envu’s Rodent Monitoring System (RMS), a leadingedge sensor-based technology to help pest management professionals efficiently monitor rodent activity to keep facilities safe and pest-free. Woodstream had an existing partnership with Envu, pairing the RMS technology with its Victor® rodent traps. Members of the Barley Snyder M&A Team represented Woodstream in the acquisition, which will help round out the company’s portfolio of connected rodent control devices.
Miguel adds that protecting a company’s innovations is paramount to its success. With Woodstream actively producing new products, patents and trademarks are a critical part of the process. Barley Snyder’s team of IP attorneys works frequently with Woodstream to ensure its ever-evolving product line is properly protected.
So what’s on the horizon for Woodstream? There are no signs of slowing down, according to Miguel. He states that “we’re looking to do another acquisition – specifically in another pest control category.” Miguel explains that he frequently asks the question “is there something we should be doing that we are not doing?”
For any company, Miguel thinks it is important to have an ESG program – not for appearance but because it improves the bottom line. “Lowering carbon is not just beneficial for the environment, it saves money. Giving back where we all work is good. Having a diverse workforce leads to diverse ideas and innovation,” he said. Woodstream checks all of these boxes in combination with their focus on brand strength and customer satisfaction, paving the way for its future success.
Woodstream Corporation’s portfolio includes the following companies:
In the turbulent year of 2014, Kelly Sweeney, a mother of two, confronted a harrowing reality. Her four-year-old daughter, Brielle, was diagnosed with brain cancer for the second time, revealing four tumors. The situation was dire, and doctors were uncertain of Brielle’s survival. Amidst this, Kelly was weeks away from giving birth to her third child, Brynlee. The emotional whirlwind of despair and joy was almost unbearable for Kelly.
Seven months later, Kelly found herself in a relentless cycle of doctor’s appointments, hospital visits and family responsibilities. It was during this chaotic period that her youngest, Bryn, then seven months old, showed a fierce independence, refusing to be spoon-fed. This challenge led to a moment of serendipity when Bryn grabbed a straw from Kelly’s smoothie and drank eagerly. The next day, Kelly innovatively used a straw with Bryn’s baby food, simplifying the feeding process remarkably. While Bryn contentedly fed herself using the straw innovation, another mother noticed and expressed amazement at the simplicity and convenience of the method. This encounter was a lightbulb moment for Kelly. She saw the potential of her idea to ease the lives of many parents.
Tragically, on July 11, 2016, Brielle passed away. In her memory, Kelly founded “Brielle’s Butterflies,” a foundation supporting families dealing with pediatric cancer. During this time of grief and service, Kelly pursued her innovative idea further through the patent process.
By way of perseverance, Kelly achieved a significant milestone this past year. With the pro bono assistance of patent attorney Joseph Falcon , she received a patent for her invention – a new lid with an incorporated straw designed for baby food containers (U.S. Patent No. 11,603,236). Attorney Falcon’s generosity in providing his services without charge was instrumental in this achievement. This invention was a testament to her resilience and ingenuity, born from the depths of personal hardship.
“Her invention, born out of necessity and love, now stands to make a significant impact in the lives of families worldwide.”
Kelly’s journey did not stop with the patent. She worked with Joe to negotiate and acquire a licensing deal, aiming to bring her product to a wider market. This step was crucial in transforming her idea into a viable commercial product that could benefit parents and caregivers globally.
As the story concludes, Kelly remains a beacon of hope and inspiration. “Her journey from a mother grappling with her child’s illness to an innovator and philanthropist is a testament to the power of resilience and the human spirit,” said Joe. “Her invention, born out of necessity and love, now stands to make a significant impact in the lives of families worldwide.”
Kelly’s story is far from over. As “Brielle’s Butterflies” continues to support families, her invention begins its journey in the market, and a potential licensing deal with Gerber looms on the horizon. Her impact continues to grow. Her story is a reminder that in our darkest moments, we can find the light of innovation and hope.
Our firm’s female professionals often serve as mentors, leaders and volunteers throughout our offices and communities. They constantly seek to engage, inspire and enrich the lives of others through their diligence and dedication. We are proud to shine a light on a few of our inspirational women and their achievements from 2023.
(1) Partner Stacey MacNeal was named to Central Penn Business Journal’s 2023 “Women of Influence Circle of Excellence” list for demonstrating sustained achievement, longstanding and notable success in the community, and leading the way for other women. Committed to giving back, Stacey serves as a board member for the York Symphony Orchestra in addition to roles with York’s Walk to End Alzheimer’s and the DreamWrights Center for Community Arts.
(2) Managing Partner Jennifer Craighead Carey was honored as a Marvelous Marauder by her alma mater, Millersville University, in May. The inaugural program recognizes alumni who have demonstrated dedication, professional achievement, excellence and a commitment to staying engaged with the institution after graduating. In December, she had the honor of delivering the keynote address at the winter 2023 graduation ceremony. Jennifer spoke to more than 400 graduates about her experience at Millersville as a first-generation college student and her path to the legal profession. She also shared advice on how to approach life’s challenges and the lessons she has learned as a mother, lawyer and community volunteer.
(3) Attorney Sarah Rubright McCahon was named to Lehigh Valley Business’s “Women of Influence” list which honors high-achieving women for their career accomplishments. Honorees are selected by the LVB editorial board based on their professional experience, community involvement and commitment to mentorship. In 2023, Sarah was elected chairwoman of the board of directors for Girls on the Run Berks County and is involved with other organizations including the Girl Scouts.
(4) Partner Maria Di Stravolo Elliott and our firm were proud to sponsor last year’s Lititz Fire & Ice Local Eyes Student Photography Exhibition. Local student photographers were asked to showcase Lititz through their very own lens and revealed beautiful locations throughout the downtown area. Maria is the board president of Venture Lititz, the Main Street nonprofit that hosts the Lititz Fire & Ice Festival, and selected two honorable mention winners. Maria is pictured at the exhibition with the first-place winner.
(5) Attorney Megan Ryland Tanner and partner Colleen Gallo helped students explore different career paths on Career Day at ELCO Middle School. They delivered presentations about working in the legal field and provided insight into the education and process to become an attorney.
Our professionals are often out and about presenting at seminars and conferences as well as supporting local charity events. In 2023, you may have seen us at some of the outings pictured below.
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Attorneys Matt Brushwood and Brandon Pack hit the links at the annual Par for the Cause Golf Tournament with proceeds benefitting the Greater Valley YMCA. Matt serves on the Advisory Council for the Allentown YMCA, which is part of the Greater Valley YMCA. Attorneys Troy and Sarah Rider had a great time at the Clark Associates’ 11th Annual Derby Day in May at The Farm at Eagles Ridge. Barley was a sponsor of the Kentucky Derby-themed event which raised funds for the Clark Associates Charitable Foundation. Pictured in the photo are Chad and Lee Snyder, Michael and Christina Jemison, Steve and Mikaela Leaman, along with Sarah and Troy. Attorneys Alex Otto & Tom Nehilla, paralegals Payge Miller & Naina Sanghvi and marketing professional Camille Hippensteel attended the Whitaker Center’s Light Up the Night event which welcomed community members to explore the Science Center. Tom serves on the Whitaker Center’s board. The firm was an event sponsor and we got to decorate a Barley-themed tree! Barley Snyder was proud to be a Silver Sponsor of The High Center Forum in March. Attorneys Alex Puskar, Michael Fox and Eric Ondo are pictured at our Barley booth at the event. Barley was the presenting sponsor for ABC Keystone’s annual Tailgate Party. Several of our professionals attended the event which included a cornhole tournament, chili cook-off and networking. We won best tailgating booth!Federal, state and local labor laws are among the most frequently changing statutes that exist. Consequently, compliance with labor law can be challenging for employers – those who employ a unionized workforce as well as those who wish to remain non-union.
At Barley Snyder, we have a dedicated team of attorneys focused on the representation of private sector businesses and public employers in all aspects of labor law. Our Labor Law Practice Team, chaired by Partner Kevin Moore who has over 25 years’ experience handling labor law cases, helps clients with creative and cost-effective solutions relating to:
» Corporate counseling on labor law compliance
» Grievance resolution
» Litigation representation
» Union organizing, prevention, detection and election representation
» Collective bargaining negotiations
We understand that labor issues require an immediate, effective response, and we ensure our availability to support our clients with vigorous and responsive representation whenever it is needed. For example, in 2023, we developed the Rapid Response Union Avoidance Training Module to help employers. Furthermore, our experience appearing before the National Labor Relations Board provides us with a deep knowledge of the process in which labor issues are handled.
Barley Snyder’s Labor Law practice group attorneys have exceeded all expectations in delivering professional, knowledgeable, and effective representation. Kevin Moore has been very responsive to our needs as a client, including advising on policies and best practices, providing training for our leadership team, and day-to-day support on labor law issues.
We are confident that we are well informed and well represented on all matters involving labor law as a result of our long-standing partnership with Barley Snyder.
Susanna Fultz
Kevin Moore
Caleb Setlock
William Boak
Keith Mooney
Joshua Schwartz
Our litigators vigorously defend their clients. Here are some examples from the past year.
J. Quain represented a large childcare provider that had a license to operate revoked following a single violation of the Human Services Code. The Department of Human Services revoked the facility’s license to operate without proper notice and without considering the provider’s long record of historical compliance. After the Department refused to reconsider its action, J. appealed the decision to the Commonwealth Court, arguing that the provider’s record of service and lack of serious prior violations entitled it to a provisional license as a matter of law. After the hearing argument, the Commonwealth Court agreed and reversed the Department of Human Service’s revocation of the facility’s license, enabling the provider to continue to serve the community with an unblemished record.
Justin Tomevi represented a software maker in a contract dispute with a business partner. The business partner had tried to escape its long-term agreement with Justin’s client by claiming fictitious breaches of contract. After sending the business partner a complaint that the software maker intended to file, the business partner conceded and made a payment of $1.5 million to the software maker.
Lindsey Cook , Joseph Falcon and Justin Tomevi represented a construction materials company in a patent infringement matter in the U.S. District Court for the Middle District of Pennsylvania. The construction materials company had a proprietary technology that Barley Snyder’s intellectual property attorneys had previously helped protect. When a competitor began using an infringing design, the Barley team filed suit and fended off various efforts have the matter dismissed. Ultimately, the competitor agreed to make a six-figure payment for its prior infringement and agreed to abandon its infringing design.
Lindsey Cook and Justin Tomevi represented a large apartment complex owner in a multi-jurisdictional dispute involving one of its shareholders and prior executive. The dispute centered on the repayment of loans and included allegations of fraud against the prior executive. The Barley team initiated multiple actions in state and federal courts in Pennsylvania, Maryland, and Virginia to recover for the multi-state conduct of the prior executive. Right before trial in one of the matters, the prior executive agreed to a seven-figure settlement payment to resolve the multiple claims.
J. Quain represented a beneficiary of a trust that sold a large tract of land worth over $1.6 million. After initially opposing the sale, the beneficiary agreed to consent to the sale under certain terms guarantying the beneficiary certain distributions in
Lindsey Cook
David Freedman
Thomas French
Peter Faben
Joseph Falcon
accordance with the trust, which was entered as an Order of Court. In negotiating the sale, the trustees discovered that a portion of the property was not owned by the trust and proceeded with finalizing the sale without revealing the issue to the beneficiary, resulting in a substantial reduction in the beneficiary’s share of distributions. J. brought a Petition for Contempt and to Enforce the Agreement wherein the beneficiary authorized the sale of the property. After a bench trial, the Court ruled that the trustees had breached their fiduciary duties, enforced the terms of the agreement permitting the sale, and awarded compensatory damages and sanctions against the trustees for the breach of fiduciary duties.
Katelyn Rohrbaugh , Alex Snyder and Justin Tomevi represented the beneficiary of a trust in a complicated dispute in the Mifflin County Orphans Court. Justin and the Barley Snyder team convinced the judge to favorably resolve several complex trust interpretations, yielding their client $2.6 million. The opposing beneficiary appealed the matter to both the Pennsylvania Superior and Supreme Courts which upheld the trial court outcome.
Alex Snyder and Justin Tomevi represented the beneficiary of an estate in York County. The beneficiary’s late mother had instructed her financial advisor to change her beneficiary designations and the financial advisor failed to properly do so. The result was $1.8 million going to the wrong beneficiaries and a serious negative tax consequence to Justin and Alex’s client.
Justin and Alex convinced the York County Court of Common Pleas - Orphans Court Division to correct the designations. Despite challenges by other prospective beneficiaries and the state, the court agreed to reform the beneficiary designations in favor of Justin and Alex’s client.
Zach Griffith and Justin Tomevi represented a widow who was locked out of her late husband’s Bitcoin account which held over $200,000. The Bitcoin service refused to provide those funds to the widow and indicated that the ability to recover such funds would become impossible if action was not taken quickly. Justin and Zach promptly filed a petition in the Lancaster County Court of Common Pleas - Orphan’s Court Division, which ordered the Bitcoin service to release the funds to the widow.
Justin Tomevi represented a beneficiary of a Maryland estate. Concerns arose regarding the beneficiary’s brother’s handling of estate proceeds. Within 24 hours of Justin’s involvement, the beneficiary’s brother acceded to Justin’s clients demands and entered into an agreement to repay an additional $250,000 to Justin’s client.
David Freedman represented a healthcare system in a lawsuit filed against it by an employee who was a nurse. That employee had requested a religious-based exemption from the health system’s requirement that all employees undergo vaccination for COVID-19. The health system granted that exemption, but required that the employee undergo twice-weekly testing for COVID-19 as a condition for the exemption. The employee then requested a religious-based exemption from the testing requirement. The health system refused that request due to the significant dangers to patient and workplace safety that would have been caused by the employee working without being vaccinated and without undergoing testing. The employee then sued the health system in the U.S. District Court for the Eastern District of Pennsylvania, claiming that the refusal to accommodate the employee’s objection to COVID-19 testing violated her religious accommodation rights under Title VII of the
Tasha Stoltzfus Nankerville J. Quain Katelyn Rohrbaugh
Luke Weber
Alex Snyder
Civil Rights Act and the Pennsylvania Human Relations Act. The Barley team successfully convinced the court to dismiss the case from the outset because the employee’s claimed objections to the COVID-19 testing were not religious beliefs entitled to accommodation under Title VII. That decision has been cited with approval by other federal courts in Colorado, Oregon, Louisiana, and Ohio.
Luke Weber was successful in securing immigration status protections for a victim of domestic abuse through a federal action against the Department of Homeland Security and its relevant divisions including the United States Citizenship and Immigration Services. Our client was a young woman who entered the country as a minor and remained in the United States under the Deferred Action for Childhood Arrivals (DACA). Our client graduated from high school and built a life for herself in Central Pennsylvania. Sadly, our client was the victim of repeated abuses from her husband and ultimately sought police protection for herself and her children. Under the Victims of Trafficking and Violence Protections Act amendments to the Immigration and Nationality Act, our client was entitled to protected nonimmigrant status and employment authorization (in addition to her prior DACA qualifications). Due to administrative backlogs in the federal bureaucracy, our client’s applications were not processed and her protections remained in limbo. Luke filed a mandamus action against the responsible government agencies to compel their actions. The United States government ultimately agreed with our client’s demands and provided her with the appropriate authorization while she remained on the waiting list.
Lindsey Cook and Tasha Stoltzfus Nankerville successfully represented a company that had been denied insurance coverage for a cyber-attack due to an allegation that the company had failed to document an internal policy for verifying wire transfers. Attorneys Cook and Nankerville prevailed on summary judgment with final determination that the insurance company had misinterpreted its own policy and wrongfully denied coverage, resulting in a six-figure judgment.
Kathy Kravitz and Luke Weber obtained a defense verdict for an obstetrician/gynecologist after a three-week trial in a Franklin County case involving an alleged birth injury. The minor Plaintiff had sustained a stroke in utero which left her with a right sided hemiparesis. Cognitive impairment was also alleged. Plaintiffs alleged that Co-Defendants should have induced the mother a week before delivery due to gestational hypertension, and that another Co-Defendant and our client further delayed delivery, allowing the stroke to occur “at or around the time of delivery.” Plaintiffs were represented by a high profile Philadelphia Plaintiffs’ firm, who sought damages in excess of $19 million. Our team retained an OB/GYN expert with a history of leadership involvement with ACOG, a neuropsychologist from Kruger Kennedy at Johns Hopkins, and a vocational expert with a passion for his field and compassion for his subjects. Experts in neurology, neuroradiology, neonatology and maternal fetal medicine were also retained jointly by all Defendants. All experts testified live, in person, which required a great deal of strategic coordination among all defense counsel. We avoided the potential for finger-pointing in the defense through candid communication with all counsel in preparation for and during trial. This was also key to the success of the defense, which resulted in defense verdicts on question one for all Defendants.
Peter Faben obtained summary judgment on behalf of a hospital system in a contentious medical malpractice action involving allegations of permanent neurological injuries to a plaintiff’s lower extremity resulting in mobility issues. Peter was able to elicit critical admissions from the plaintiff at her deposition, which undermined her claims against the hospital. He also was successful in utilizing procedural devices to limit the plaintiff’s claims at the outset of the case, which, combined with the helpful deposition testimony, resulted in a dismissal for the client.
Luke Weber successfully defended a pediatrician and local hospital in the medical malpractice action involving pediatrics care that was provided to a newborn patient filed in York County. Prior to trial, our team successfully pursued a series of pretrial motions and a related motion for summary judgment. By aggressively attacking the plaintiffs’ expert opinions prior to trial, our team was able to obtain a complete dismissal of the case.
Thomas French and Luke Weber successfully defended a products liability claim filed in New Jersey Superior Court, Essex County, against a number of manufacturers and distributors of leaded electronics products. Our client was one of the named distributors. The Plaintiff claimed that his use of the product sold by our client contributed to him developing nasal cancer and the need for extensive treatment and disfiguring surgery. After discovery, the Barley team filed a motion for summary judgment under the Innocent Seller Doctrine provided by the New Jersey Products Liability Act. In response, all claims were dismissed against our client.
Katelyn Rohrbaugh and Justin Tomevi represented a shopping center owner in Dauphin County that was subject to a complete condemnation by PennDOT. After receiving a low offer for the eminent domain of property, Justin and Katelyn worked with an appraiser and were able to obtain a $4.55 million payment for the shopping center owner.
Justin Tomevi represented a large property owner in Dorchester County, Maryland in a partition action against a co-owner of a tract of land. The co-owner refused to sell its interest in the jointly owned property, so Justin initiated a partition action in the Circuit Court to force the sale of the tract. After a trial, which included several challenges to the title of the property and the right to partition, the court concluded that Justin’s client was entitled to have the property partitioned and entered a verdict in its favor.
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We approach cases with a single-minded focus for achieving the desired outcomes, and are advocates for clients in virtually every area of civil law, in cases ranging from intellectual property disputes and lender liability cases to employment cases and the most complex commercial and tort matters.
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We host educational and networking events and webinars throughout the year. To learn more about our upcoming events, please visit barley.com/events or scan the QR code.
