John W Espenshade

Estate Planning, Probate, & Living Trusts

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AKA: Espenshade John W
Category: Estate Planning, Probate, & Living Trusts

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Phone: (610) 478-2000

Address: 111 N 6th St, Reading, PA 19601

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John W Espenshade

Criminal Defense
“We hold that the term ‘willfully’ in the AKS means what it typically means in federal criminal law. To act willfully under the AKS, a defendant must act with a ‘bad purpose.’... In other words, the defendant must act ‘with knowledge that his conduct was unlawful.’... None of this is to say, however, that a defendant must know of the AKS specifically or intend to violate that statute.”
Restraining Order
Similar to the type of remedy, courts and parties have significant flexibility regarding timing, so long as the party seeking an injunction is not guilty of unreasonable delay in requesting the court’s assistance. What constitutes “unreasonable” delay will vary from case to case. There are three kinds of injunction requests, which vary by the timing of the request. The first is called an ex parte injunction (also sometimes popularly known as a temporary restraining order, or TRO. The technical name for such an injunction in the Pennsylvania Rules of Civil Procedure is “special relief”). The other two kinds of injunctions are preliminary injunctions and permanent injunctions.
Money Laundering
To comply with applicable laws, regulations, guidance, or professional obligations that we may be subject to, including anti money laundering requirements. Where Personal Information is necessary for the Company to carry out its anti money laundering checks failure to provide such information may result in the Company not being able to provide the representation.

Business and Corporate Law

Limited Liability Companies

Employment Discrimination
Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex, national origin, physical and/or mental disability or sexual orientation) to establish their
Employment Litigation
The decision has implications for the future standard to be used when alleging and defending against reverse discrimination employment claims. This matter is still developing and will be updated as more information becomes available.
Non-compete Agreement
As has been previously reported, Judge Ada M. Brown in the Northern District of Texas had granted the plaintiffs’ request for summary judgment and set aside on a nationwide basis the FTC’s ban on noncompete agreements (the Rule), which was scheduled to take effect on Sept. 4.

Construction Litigation
Ms. Gilmartin’s litigation practice focuses on construction, toxic torts, product liability and catastrophic casualty, banking, insurance, manufacturing and complex commercial issues. Her representations span public utilities, owners and developers, contractors, subcontractors and material suppliers, as well as colleges and universities, utilities, banking institutions, local government, manufacturers and insurance companies in a wide range of litigation matters. Ms. Gilmartin also counsels clients regarding risk avoidance and manages construction litigation and dispute resolution proceedings. She has tried and mediated dozens of significant catastrophic casualty cases throughout Northeastern Pennsylvania, including some at the appellate level.

Trusts and Estates

Estate Planning
Trusts

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