In January 2026, the Pennsylvania Supreme Court issued a significant opinion regarding PA upset tax sales. For property owners, this decision reaffirms the Real Estate Tax Sale Law (RETSL) must be followed strictly to withstand constitutional scrutiny and due process challenges, including having the sale set aside by the courts. Let’s break down what happened in In re Upset Sale, Tax Claim Bureau of Tioga County and what this decision means for anyone who owns property in the Commonwealth.

Does Fair Market Value Matter in Upset Tax Sales? 

Pennsylvania property owner Martin Ostapowic lost his Tioga County home at an Upset Tax Sale after years of unpaid taxes dating back to 2004. 

In In re Upset Sale, Tax Claim Bureau of Tioga County, Ostapowic challenged the sale of his property, claiming it was worth $465,000, while it sold for $83,000, about 18% of its fair market value. Specifically, he argued: 

• The Bureau failed to comply with RETSL’s notice requirements
• The sale amounted to an unconstitutional taking
• The notice procedures violated due process
• The government should not be able to sell a property to satisfy a “miniscule” tax debt

The Supreme Court of Pennsylvania ruled that a challenge cannot succeed based solely on an inadequate sale price without proving a procedural irregularity or illegality, which Ostapowicz could not. The sale was upheld. 

RETSL Maintains Due Process with Notice Requirements

The Court’s opinion did not turn on the property’s value or the owner’s personal recollection. Instead, it focused on whether the Tax Claim Bureau followed RETSL’s procedural requirements.

As noted in the graphic below, the following notice requirements must take place in order for an upset sale to be upheld:

According to the Court records, RETSL’s notice requirements were followed: 

Certified Mail Notices

• March 2020: Notice of Return and Claim sent via restricted certified mail (returned undeliverable).
• July 2021: Notice of Public Tax Sale sent via restricted certified mail (returned unclaimed).
• September 2021: Final Notice mailed; this one was not returned.

First-class mail follow-up – Because the restricted mail receipts were not returned, the Bureau mailed additional notice via first‑class mail, as required under §5860.602(e)(2).

Posting the property – A field agent posted the property conspicuously on June 14, 2021; photographed and documented.

Personal service attempts – Multiple attempts were made to personally serve the owner, with successful service occurring on June 18, 2021.

Additional courtesy notices – The Bureau sent several extra notices not required by statute, demonstrating diligence beyond RETSL’s minimum standards.

Crucially, Ostapowic called the Tax Claim Bureau on September 1, 2021, to ask how much he needed to pay to stop the sale— proof he was aware of the delinquency and impending consequences.

A Losing Defense

Ostapowicz testified that he never saw the posted notice, never received mail, and did not recall personal service. The Court rejected these claims because:

• RETSL requires proper service, not actual receipt
• The Bureau documented compliance with each statutory step
• The owner’s long history of delinquency undermined his credibility

Further, the Court emphasized that Pennsylvania’s tax sale system is designed to balance due process with the government’s need to collect taxes. When the Bureau follows the law, the sale stands, even if the owner claims ignorance. 

Five Key Takeaways for Pennsylvania Property Owners

So, what does Ostapowic’s Tioga County case mean for property owners and future upset sales in PA? 

1. RETSL is strict and enforceable – if the Bureau follows the statute, courts will uphold the sale. Owners cannot rely on “I didn’t see it” or “I didn’t know.”

2. Actual notice is not required – the law requires properly sent notice, not proof that the owner opened the envelope.

3. Posting and personal service matter – this case highlights how critical physical posting and personal service attempts are. They are often the deciding factor when mail is returned.

4. Property value doesn’t protect you – even a $465,000 home can be sold for a fraction of its value if taxes remain unpaid.

5. Owners must be proactive – if you receive any tax delinquency notice or suspect you might, take immediate action. Waiting until the day of the sale is too late.

The Supreme Court’s decision reinforces a consistent theme in Pennsylvania tax sale jurisprudence: procedures protect the sale, not the owner. When the Bureau documents compliance, courts will not overturn a sale simply because the outcome is harsh.

If you’re behind on taxes or have questions about an upcoming sale, connect with me to see how I can help. You can also fill out the form below to gain access to my “Comprehensive Guide to Navigating Tax Sale Opportunities, Hardships and Defenses”: 

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On Monday, October 5, Fitzpatrick Lentz & Bubba will present “De-Risking AI in the Workplace” as part of its Executive Edge series, a this quarterly gathering created to bring clarity and insights to common challenges faced by corporate leaders and owners. The event will once again be held at Notch Modern Bar & Kitchen in Allentown, PA from 5-7PM, with a panel discussion followed by a networking hour.

Businesses across the Lehigh Valley are embracing AI to work faster, improve productivity and gain a competitive edge. But with that opportunity comes legal, operational and cybersecurity risks that many organizations haven’t fully addressed. Whether employees are using ChatGPT, Microsoft Copilot, Claude, Gemini or other AI tools, now is the time to establish clear policies and safeguards before what seems like inconsequential usage becomes costly problems.

Executive Edge 7’s panel of attorneys and business leaders will discuss the real-world issues organizations are facing today, including:

• Developing effective AI use policies and governance frameworks
• Protecting confidential, customer and proprietary information
• Intellectual property ownership and copyright concerns surrounding AI-generated content
• AI provisions every business should understand in vendor and SaaS agreements
• Cybersecurity, insurance and liability considerations
• Managing AI errors, inaccurate outputs and documentation requirements

Speaking of panelists, here is the event’s lineup:

• Elyse Pillitteri, IP and Corporate Attorney at FLB
• Steve Boell, AI, Healthcare, and Real Estate Attorney at FLB
• Jessica Armstrong, Associate General Counsel at St. Luke’s University Health Network
• Craig Collier, VP of Data & AI at Green Leaf Consulting

Moderated by Jimi Honochick of YMI Insurance, the conversation will also be recorded and re-shared as part of the YMI Talking podcast.

Rather than focusing on the basics of AI, this event will deliver practical guidance for leaders responsible for protecting their organizations while enabling innovation.

To register, please fill out the form below or visit the event page:

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On August 18, Governor Josh Shapiro signed an Executive Order (the Order) directing the Department of Environmental Protection (DEP) to only review permit applications if developers have executed a Consent Order with DEP to meet the Governor’s Responsible Infrastructure Development (GRID) Requirements and have received local approval. What does this mean for current and future data center developers in the Commonwealth?

More data center hurdles for developers

When we published “How to Navigate the Top 3 Challenges of Energy & Infrastructure Development Projects in PA” in spring of 2025, we highlighted the complexity developers face for projects like data centers. These still remain the top three challenges: 

• Zoning and land use
• Permitting and interconnection
• Financing and tax opportunities 

The Order codifies the connected nature and codependence of these challenges, which was already becoming an increasing reality as it was. It also creates two classes of data center applicants for DEP permits that have a peak demand of over 25 MW:

• Those that have met with DEP and executed a Consent Order and Agreement in which they agree to comply with the Governor’s GRID requirements that were announced on February 3, 2026, and May 7, 2026, and 
• Those applicants that have not executed a Consent Order.

Thus, it essentially pushes all applicants to agree to comply with the GRID requirements, as projects that have not will face what are probably insurmountable hurdles in being approved. 

Under the Order, the DEP is tasked with developing a template Consent Order and Agreement for any data center containing terms and conditions which ensure compliance with the GRID requirements. For developers with large-load data center plans, much more preparation will be required before submitting an application for approval. They should consider these three questions as a “pre-flight” checklist if they want to obtain a project greenlight in PA. 

Can you gain local approval? 

The Lehigh Valley especially has been a hot spot for community engagement surrounding data center developments, with swarms of concerned citizens attending and speaking out at public municipal meetings. Whereas we previously noted that coordination with, and understanding the concerns of, the local municipal officials is a vital aspect of obtaining approval, under the Order, the DEP now requires that data center development plans:

• Are consistent with the local comprehensive plan; AND
• Have received all required local/municipal approvals.

A site in a municipality with favorable zoning and a comprehensive plan aligned with the proposed use could potentially have a meaningful advantage over a technically attractive site where the land-use approvals are uncertain.

Local approvals and comprehensive plan consistency become a prerequisite to DEP’s permitting process for >25 MW data centers. For developers, this means local land use strategy needs to happen much earlier. Attorneys with experience in zoning and land use will be critical in this process, helping to:

• Evaluate the current state of land use regulations as it relates to a particular project
• Prepare zoning relief applications and/or zoning amendments
• Appear before local planning and zoning boards, and
• Review and negotiate documents associated with project approvals.

KEY TAKEAWAY: Large-load data center developers should consider local counsel with zoning experience to gain appropriate approvals needed for DEP permitting. 

Can you get permitted (and how quickly)?

For applicants that want to execute a Consent Order, they must first have a pre-meeting to essentially discuss all aspects of the project and come up with the terms of the Consent Order.   Thereafter DEP is to review applications on a rolling basis. Before issuing any permits, the applicant must provide documentation to DEP demonstrating that the project is consistent with local comprehensive plans and that the project has received all local or municipal approvals for the projects.

For applicants with a peak demand of over 25MW that have not executed a Consent Order, DEP will not begin reviewing applications for permits and authorizations until the applicant has provided documentation demonstrating that the project is consistent with the local comprehensive plan and that the project has received all municipal approvals. DEP will also:

• not review applications for permits or authorizations until the applicant has provided documentation that the project has received authorization for water withdrawal or wastewater discharge, and
• not issue permits or authorizations on a rolling basis. 

TAKEAWAY: Essentially if you execute the Consent Order, it’s the normal process of concurrently seeking DEP permits while you seek local approvals. If you don’t, you can’t do any applications for DEP approvals. 

Can you afford the PUC/PJM costs? 

Interconnection isn’t simply a technical question anymore. Developers need to understand who pays for grid upgrades, reliability costs and other infrastructure associated with the load.

As noted in Infrastructure and Industrial Opportunities: Pennsylvania’s Next Development Cycle (the 2026 Chambers and Partners Doing Business in Pennsylvania Global Practice Guide), 

“For large-load projects, power diligence is no longer a macro conversation about whether Pennsylvania produces enough electricity. It is a micro, site-specific inquiry: which utility serves the property, what load can be served, what upgrades are required, how long the studies will take and what commitments the customer must make before service is available…PJM Interconnection (PJM) co-ordinates the movement of electricity through all or parts of Pennsylvania, Delaware, Maryland, Ohio, nine other states and the District of Columbia. Its long-term forecast underscores the essential nature of power allocation, with its 2026 forecast projecting that summer peak demand in the PJM footprint could rise by roughly 85,000 MW over 15 years, to more than 241,000 MW. PJM has also been reviewing large-load requests more closely, in part to separate credible projects from duplicative or speculative load estimates. The demand is real, but not every announced data center or large-load project will be built.” 

The Order directs the Governor’s Special Counsel for Energy Affordability to work with the Pennsylvania Public Utility Commission (PUC) on rules and orders intended to ensure that data centers bear more of the costs and reliability consequences associated with their electric demand. Specifically, it advocates for tariffs that would:

• charge appropriate data-center customers for PJM reliability backstop auction costs;
• prevent those costs from being shifted to non-data-center customers; and
• ensure data centers pay all Commission-jurisdictional interconnection costs incurred by utilities because of data-center development.

TAKEAWAY: The Order establishes a clear policy direction toward making data center developers responsible for the grid reliability and interconnection costs associated with their loads.

Other considerations 

Other notable aspects of the Order include: 

• The Office of Transformation and Opportunity is to remove any existing data center project from the PA Permit Fast Track Program; 
• Data center projects are no longer eligible for the PA Permit Fast Track Program (even though that was part of the GRID program previously);
• The use of NDA’s in connection with data center projects is impermissible for all agencies under the Governor’s jurisdiction; and
• Data centers must submit an energy and water consumption report every year.

Next steps for Large-Load PA Data Center Developers

Projects like large-load data centers “do not move through one legal lane. A single development may involve real estate, land use, energy, environmental, tax, finance, construction, utility, incentives and eminent domain issues simultaneously. Treating those as separate workstreams can create gaps in timing and risk allocation.”  The Order reinforces that reality and sharpens the consequences for any developer who fails to cover all the bases.

As Pennsylvania’s regulatory landscape continues to evolve, FLB helps developers understand what the changes mean for their projects, from today’s requirements to new Orders and regulations as they take shape. Connect with our Energy & Infrastructure team today!

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The firm is pleased to share Joseph A. Fitzpatrick, Jr. and Lauren L. Sorrentino have been recognized in the 2027 edition of Pennsylvania’s Best Lawyers, an annual publication by Best Lawyers^© once again.

Joseph A. Fitzpatrick, Jr. is a founding member and shareholder of the firm and is recognized as one of Eastern Pennsylvania’s premier land use and development attorneys. In addition to land use and development, Mr. Fitzpatrick’s practice includes real estate, zoning and subdivision, commercial transactions, and general business representation. He has led clients’ development teams in advancing major commercial, industrial and residential projects including large regional corporate centers, office parks, retail and lifestyle centers, delivery and fulfillment operations, quarry and materials facilities, manufacturing communications installations and warehousing and distribution centers. Mr. Fitzpatrick handles the permitting and development of single family home subdivisions, condominiums, and multifamily housing. He represents private interests regarding claims, negotiations and entitlements matters with governmental agencies at the federal, state and local levels, and actively represents land owners in eminent domain situations.

As chair of the firm’s Family Law practice, Lauren Sorrentino guides clients through divorce, custody and support matters that often involve closely held businesses, layered financial interests, professional reputations and deeply personal family concerns. Her strength is helping clients see clearly when the stakes feel anything but simple. Lauren brings discretion, strategy and steady judgment to each matter, knowing when to negotiate, when to press and when to help a client focus past the emotion of the moment and build toward a stronger next chapter. Within the firm, Lauren leads the same way she practices: thoughtfully, directly and with purpose. She mentors younger attorneys, strengthens the family law team and helps shape a practice known for handling sensitive matters with both sophistication and humanity.

Selection to the 2027 edition is based entirely on peer review, recognizing attorneys who have earned high regard among their peers for their professional abilities and accomplishments. Joe has been recognized by The Best Lawyers in America since 2015, while Lauren has been recognized since 2018.

Congratulations to Joe and Lauren on this well-deserved recognition!

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If you are currently involved in litigation at any stage and are considering using an AI platform for your preparation, please pause. What you may believe is a helpful tool may just be the reason that key information and documents lose their protections. Courts around the country, at every level, are currently addressing the role of AI in ongoing cases. See how sharing information and documents into AI can impact work-product doctrine.

What is the Work-Product Doctrine?

Generally, the “work-product doctrine” protects:

• the mental impressions of a party’s attorney, including conclusions, opinions, memoranda, notes, summaries, legal research, legal theories, etc., from disclosure to opposing counsel during litigation, if those items or notes were made in preparation for trial.
• in some states, a party’s representative, beyond their attorney, sometimes including their consultant, surety, indemnitor, insurer, or agent.

Overall, the work-product doctrine exists to make sure that the adversarial judicial process is strong, fair, and just. It allows attorneys to work effectively and zealously advocate for their clients, without worry that their own mental impressions and preparatory ideas will be disclosed or discoverable, potentially weakening the case and client that they are so vigorously trying to fight for.

The work-product doctrine, in conjunction with the attorney-client privilege, is a protection that keeps each side’s information “close to their chests.”

Work-product doctrine in Shealy V. Seaside Investments, LLC

Recently, the Superior Court of Massachusetts addressed work-product doctrine and the issue of how it’s affected by an individual’s use of AI. Here is a summary of ongoing litigation in

Shealy v Seaside Investments, LLC (No. 2684CV00799-BLS2):

• Earl Shealy borrowed $2M from Seaside Investments under a convertible promissory note and related loan and note purchase agreement; the loan allowed Seaside to convert the debt into equity if certain events occurred.
• When Shealy attempted to pay off the loan, Seaside allegedly demanded a payoff amount that included required interest exceeding 20% annually, which Shealy argued violated the Massachusetts criminal usury statute. Shealy claimed Seaside refused to accept a lawful payoff, declared him in default, and asserted that it had acquired his ownership interest in his company, 3rd Home.
• During the course of litigation, Shealy emailed various communications and documents to his romantic partner, Debbi Fields, who then put those documents into ChatGPT, to generate litigation materials and communicative documents between the two parties to the litigation.
• After a Motion by the Defendants to compel Shealy to disclose the documents and information created by ChatGPT, Shealy argued that the ChatGPT documents were created in anticipation of litigation and thus qualify for work-product doctrine protection. The Superior Court of Massachusetts disagreed and ruled in favor of the compulsion of those documents.

The Court reasoned that, because Shealy was represented by sophisticated and competent counsel, even though the documents were technically prepared in anticipation of litigation, they were not the product of any impression by an attorney or representative whatsoever. Shealy’s attorney did not know Ms. Fields was using ChatGPT in this manner, and did not direct Shealy in any way to use AI in any manner whatsoever. The Court emphasized that neither Shealy’s romantic partner nor ChatGPT itself qualify as an entity that is protected under the work-product doctrine.

The decision of Shealy and Fields to use ChatGPT in their litigation preparation was theirs to make, and the documents involved lost all protection as a result.

AI in Litigation

Litigation can be extremely difficult to maneuver, even with an attorney. There is a constant whirlwind of information that can become overwhelming. While you may feel that inputting key documents and information into an AI platform could save you and your attorney time and money, it may just be the reason that you end up unsuccessful when you eventually get to the courthouse.

As Massachusetts Superior Court Justice Debra A. Squires-Lee reminds us, “AI is a tool, not a person.” As we move forward in this new era of technological advancement and the use of AI, please think twice, maybe even three times, about what documents and information you put into any AI platform.

At FLB, our litigation attorneys are well aware that litigation is often stressful, presents inherent risks, and that the outcomes can be critically important. Let us (not AI) work diligently and aggressively to find solutions, and we are here to help you assess the risks, manage them, and achieve the most favorable results.

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In an attempt to recoup delinquent taxes in Pennsylvania, properties are commonly sold under the Real Estate Tax Sale Law (“RETSL”). Pursuant to RETSL, there are three types of tax sales, with an Upset Sale being the first time a property can be sold. The Upset Sale process has its own set of rules and procedures, and these rules and procedures must be followed strictly to withstand constitutional scrutiny and due process challenges, including having the sale set aside by the courts. Whether you’re a taxpayer seeking to prevent the sale of property or perhaps an investor interested in purchasing real estate through a tax sale, here’s what you need to know about an Upset Sale in PA. 

What is an Upset Sale in PA?

The Upset Sale is the first time a property can be offered for sale, and it only occurs after two years of delinquent taxes. Taking place annually in September, the Upset Sale is a public auction where the starting bid for the Property is the “Upset Price”, consisting of any unpaid real estate taxes, interest and fees, and certain other liens or judgments on the property. The Upset Sale only satisfies delinquent taxes, and existing mortgages and other encumbrances are the responsibility of the purchaser. Nevertheless, the Upset Price is usually far less than the market value of the property, and there can be considerable competition in bidding.

Each county in PA is responsible to schedule its own dates for Upset Sales. In the Greater Lehigh Valley, the 2026 dates are as follows:  

• Berks County – September 10 (online)
• Bucks County – September 15 (online)
• Carbon County – September 23
• Lehigh County – September 9
• Monroe County – September 14
• Montgomery County – September 24
• Northampton County – September 24

In 2021, RETSL was amended to require Upset Sale bidders to register prior to the Upset Sale. Each county maintains its own website and process governing registration. Most registrations take place in August. 

Notice Requirements for an Upset Sale in PA

If a property is sold at an Upset Sale, the Tax Claim Bureau must send notice to the owner indicating that the property was sold and that the sale will be confirmed by the Court of Common Pleas. The owner of the property has thirty (30) days from the court’s confirmation to challenge the sale by filing “exceptions” or “objections” and requesting that the Upset Sale be set aside.

An Upset Sale will only be set aside when the Tax Claim Bureau fails to prove that it strictly adhered to the detailed requirements of RETSL. Most of the time, if there is a bad sale, the Tax Claim Bureau will have failed to adhere to notice requirements, which include the following: 

• Notice of the sale of the Property must be published in two (2) newspapers of general circulation in the county and the County Law Journal at least 30 days before the sale at least thirty (30) days before the sale. The notice must include:
  • the purpose of the sale, 
  • the time of the sale, 
  • the place of the sale,
  • the terms of the sale, including the Upset Price, and
  • a sufficient description of the property to be sold, including the name of the owner.
• Notice including the same content must be given to the owner of the property at least thirty (30) days before the date of the sale by United States Certified Mail, restricted delivery, return receipt requested.
• Notice must be physically posted on the property ten (10) days prior to the sale.

If any one of these notice requirements is not strictly adhered to, then the Upset Sale must be set aside. Most notice issues involve a lack of proper mail notice or a problem with physically posting the property, with issues of notice in the newspaper and the law journal less common.

Preventing an Upset Sale in PA

At risk of losing property to Upset Sale and wish to avoid a battle in court? If a taxpayer pays at least 25% of the taxes due, or if the Tax Claim Bureau otherwise receives funds equivalent to 25% of the taxes due, the Tax Claim Bureau is required to notify a taxpayer of their right under RETSL to enter into an installment plan to pay the remaining taxes. 

As noted on most county websites, if your property is listed for the annual Upset Sale and you would like it removed, you are invited to contact your local Tax Claim Bureau to discuss your case. 

Investor Caveats in an Upset Sale in PA

If you are looking to grow your real estate portfolio, an Upset Sale may seem to be a desirable way to acquire property. However, as previously stated, the Upset Sale price does not relinquish any mortgages or other encumbrances against the property, which may actually exceed its value. By winning a property at an Upset Sale, these become the responsibility of the purchaser.  

Should a taxpayer challenge the Upset Sale, the successful bidder does not have an automatic right to participate in a taxpayer’s challenge, or even to receive notice. In a Lehigh County case, the Commonwealth Court held that, under RETSL, purchasers at an Upset Sale are not indispensable parties and their due process rights are not violated simply because they may have an interest in the sale.

Effectively, without some diligence, a purchaser at an Upset Sale can invest time and money into a property and have the matter settled without their input. If you are one such investor, it is crucial that you monitor court records and be prepared to argue your right to participate in a taxpayer’s challenge. An experienced real estate attorney can help you explore your options and potential arguments. 

Legal support for an Upset Sale in PA

There are several legal requirements and due process rights that must be satisfied in order for an Upset Sale in PA to be successful or successfully stopped. Whether you are buying a property at a tax sale, or you have unfortunately lost a property at a tax sale, an attorney with experience in tax sales and all facets of residential and commercial real estate can help you navigate these challenges.

Want to learn more about Upset Sales? Download our white paper now!

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It is no secret that the legal landscape for human resources compliance has changed drastically in recent years. Some of the more notable developments have resulted from President Trump’s Executive Orders, which sought to eliminate workplace diversity, equity, and inclusion (DEI) initiatives. Federal government officials and agencies continue to issue statements and guidance on DEI programs and initiatives, while some state governments have been pushing back. For many employers, this has led to confusion and uncertainty.

Given the changing federal enforcement landscape, it is important for employers to:

• Understand what is legally permitted vs. what is prohibited
• Review current policies for compliance purposes, and
• Maintain company values.

DEI: Permitted vs. Prohibited

By way of background, the Trump administration issued several Executive Orders and memoranda that changed the landscape of DEI programs and rights of employers, including, but not limited to:

• Executive Order 14151 (1/20/25) – An order claiming to end “illegal DEI” in government agencies, grants, and contracts.
• Executive Order 14173 (1/21/25) – An order elaborating that “diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)… can violate the civil rights laws of this Nation.”
• Office of the Attorney General Memorandum (2/5/25) – A memorandum directing the Department of Justice’s Civil Rights Division to “investigate, eliminate, and penalize illegal DEI and DEIA [diversity, equity, inclusion, and accessibility] preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds.”
• Executive Order 14298 (3/26/26) – An order banning federal contractors from participating in “racially discriminatory DEI activities.”

Federal agencies, such as the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ), have also provided guidance to help employers ensure compliance.

While “illegal DEI” remains a vague term, the following are strictly prohibited because they violate anti-discrimination laws when they relate to gender, race, religion, and other traits protected under the law:

• Quotas and metrics
• Exclusionary groups and programs
• Using discriminatory characteristics as deciding factors for employment decisions
• Using incentives to give advantages based on race, gender, etc.

Scrutiny of DEI initiatives continue to grow at the federal level, even as the underlying laws remain largely unchanged.

What to DO with DEI

In response to these Executive Orders, guidance, and scrutiny, employers have taken various actions to mitigate risk. Some employers made major shifts in internal policies and cut DEI initiatives altogether. At the same time, other companies have merely re-branded DEI programs to maintain their diversity goals.

What should your company be doing regarding DEI? The answer changes on a company-to-company basis. Many employers have determined that certain non-prohibited DEI initiatives are fundamental to or supportive of their particular business objectives, while other employers believe less in the benefits of those initiatives and worry more about noncompliance risk.

At a minimum, all employers should:

• Stay informed – Employers and HR professionals should stay up to date on any new Executive Orders, administrative guidance, and court decisions to ensure compliance with the law. This is particularly important considering the bounds of these Executive Orders are still being tested in the courts, which may further alter an employer’s rights under the law.
• Review your DEI practices – Employers should perform a comprehensive review of their internal policies to ensure their current practices comply with existing Executive Orders and guidance. Given recent developments, this is particularly important for employers who perform work for the federal government. Businesses should also review any programs and opportunities provided to employees to ensure participation criteria are not unlawful. When reviewing policies, HR leaders should be mindful of how programs are structured and communicated, ensuring they are compliant, clearly defined, and defensible.

Consider consulting with an experienced employment law attorney who stays up to date on federal legislation and guidance. They can provide you with reliable advice and assist in your audit of internal policies and practices to help ensure compliance as new developments arise.

Compliance and Culture: You Don’t Have to Choose

Despite the series of Executive Orders attempting to eliminate DEI, employers do not have to abandon their diversity goals in order to remain compliant with evolving Executive Orders and legal guidance. Diversity can be good or necessary for business.

Employers and businesses should focus on creating fair, inclusive, and opportunity-driven workplace practices that are rooted in business objectives, employee engagement, and lawful decision-making. Employers who align their initiatives with clearly defined policies, consistent application, and compliance oversight can continue fostering strong workplace cultures while mitigating legal risk.

Reprinted with permission from the Summer 2026 Edition of Network Magazine© 2026  All rights reserved. Further duplication without permission is prohibited. 

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On Tuesday, July 14, Attorney Frank D’Amore moderated a panel discussion “Industrial Reset on I-78: Leasing, Pipeline, and Entitlement Risk in the Lehigh Valley” as part of a broader look at the Lehigh Valley State of the Market: How Industrial Demand, Housing Delivery and Municipal Decision-Making Are Reshaping Growth In Allentown, Bethlehem, Easton, and Beyond. The event was hosted by Bisnow, the world’s leading B2B platform serving the commercial real estate industry, and held at Prologis, a 354,000 square feet industrial space in Breinigsville. Here’s a recap of the event.

State of the Lehigh Valley Industrial Market

As vacancy rises and new supply competes for tenants, how owners, developers and municipalities are recalibrating industrial strategy along the region’s most important logistics corridor. Frank moderated a discussion featuring local development leaders John Pollock, Principal, Trammell Crow; Peter Polt, EVP, JG Petrucci Co.; Dan Gordon, Regional Development Partner, Hanover Company; and Jim Vozar, Owner & Principal, JVI.

Main points of their conversation included:

• Recovery Status: The participants discussed whether the market is in a true recovery. One perspective suggested it is a “selective reset,” where Class A industrial spaces are outperforming Class B and C spaces, indicating a differentiation in performance based on asset quality.
• Tenant Activity: Tenant behavior has changed, with more selectivity and patience as they navigate the larger inventory. There is a noted shift towards specialty buildings and longer lease execution timelines.
• Development Challenges: Several challenges in site development were highlighted, including increased site work costs, utility availability, difficulty in obtaining entitlements, and community pushback against industrial projects, especially larger developments.
• Future Outlook: The participants expressed optimism for the next 12 to 24 months, driven by positive absorption rates, a growing population base, and the strong logistics position of the Lehigh Valley. However, uncertainty remained around interest rates, geopolitical issues, and economic headwinds.
• Market Dynamics: The importance of early engagement with municipalities was emphasized as a way to improve developer-community relationships and streamline the approval process, despite ongoing challenges.

Overall, the discussion illustrated a complex landscape in industrial development characterized by both optimism for certain segments and significant challenges.

State of the Lehigh Valley Arts Community

Just weeks before the start of the region’s 2026 Musikfest, named the Best Music Festival in the U.S. by USA Today, President & CEO of ArtsQuest Kassie Hilgert addressed a myriad of ways the Valley is building momentum through arts and place. Currently ArtsQuest’s new Creativity Center in Southside Bethlehem is under construction, replacing the Banana Factory and increasing the footprint of the arts community. The new building will include classrooms, incubator spaces, performance venue area, and more. Additionally, she addressed the impact of Live Nation and digital music platforms on venues.

State of the Lehigh Valley Housing Market

The final presentation of the day centered around housing and community, a panel discussion entitled “Creating Complete Communities: Housing, Retail and Mixed-Use Dealmaking Across the Lehigh Valley.” Panelists included Matt Tuerk, Mayor, City of Allentown; Josh Taykowski, Chief Investment Officer, City Center Group; Zachary Jaindl
President & COO, Jaindl Enterprises; Nicholas Dye, Managing Member, D&D Realty; and Luke DeLuca, Managing Director, GREA. Andrea Brady, Market Leader at CLA moderated. Main points from this presentation included:

• Definition of a Complete Community: A complete community goes beyond just living; it should provide a “live, work, and play” environment.
• Housing Demand: There is a significant housing demand in the Lehigh Valley, with a reported shortage of about 9,100 housing units. The panel discussed the challenges of meeting this demand and the importance of fast-tracking housing projects to address the shortfall.
• Housing Strategies: Strategies mentioned included offering density bonuses for affordable housing and streamlining zoning processes to make development easier. The importance of public-private partnerships in facilitating affordable housing was also noted.
• Mixed-Use Developments: The importance of true mixed-use developments that engage various community segments was highlighted. Key criteria discussed included time usage, repeatability of visits, and the economic interdependence of different uses within mixed-use districts.
• Adaptive Reuse: The panel shared insights on adaptive reuse of older buildings, emphasizing the value of historic architecture in revitalizing communities. Creative solutions are needed to convert these buildings effectively.
• Parking and Accessibility: The meeting addressed parking issues, noting that while parking availability exists, there is a need for better walkability and community engagement to encourage people to explore and utilize local amenities.

Overall, the panel expressed optimism about the future of the Lehigh Valley, stressing the importance of continuing to welcome new residents and businesses to ensure sustained growth, safety and vibrancy.

Legal Support for Lehigh Valley developers

Last year, the Lehigh Valley economy reached $57.3 billion and was ranked as the No. 1 mid-sized U.S. market for new economic development projects. And it’s not just businesses and developers who want to be here; it’s people and families who are contributing to the housing shortage, as the Lehigh Valley housing market remains drastically tighter than the national real estate market.

Our hot take? The Lehigh Valley is poised for exceptional growth. To achieve that, it requires collaboration across multiple levels of leadership and through layers of old and new municipal codes, local and state governing bodies, funding opportunities, and permitting processes. The best path forward? Find a local trusted guide.

Our Real Estate, Land Use and Development attorneys have been supporting developers, investors, and municipalities through the Lehigh Valley since 1988. Reach out to our team for support with your next project.

The post Frank D’Amore Moderates Industrial Panel at Bisnow’s First Lehigh Valley State of the Market appeared first on Fitzpatrick Lentz & Bubba, P.C..

Do you know who made the product you’re importing? If you aren’t taking proper precautions, you may be in violation of U.S. laws controlling the import of goods produced (partially or completely) by forced labor. Learn more about new guidance from U.S. Customs and Border Protection (CBP) on forced labor imports, and four key takeaways to help your business remain compliant.

New Guidance from Customs and Border Protection

On June 12, 2026, CBP issued an Operational Guidance document to assist importers in maintaining compliance with laws dealing with goods produced using prohibited convict labor or forced/indentured labor. CBP has said that this “is a continuation of CBP’s efforts to support the import community, expanding on the scope of and updating the previous June 13, 2022 Uyghur Forced Labor Prevention Act (UFLPA) Operational Guidance for Importers to include all forced labor enforcement… CBP created this guide to help importers understand the differences among the various forced labor authorities concerning imports to the United States.”

When I speak with clients about importing, forced labor compliance is a topic that too often gets treated as someone else’s problem – the supplier’s, the broker’s, the factory’s. This new Guidance makes clear that CBP sees it as your problem too. Here are four key points to serve as an introduction to the topic.

1. Three Different Laws, Now Summarized in One Place

CBP has consolidated all of its forced labor enforcement authorities into a single reference. There are three:

• Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307), the general prohibition on importing goods made wholly or in part with forced labor, which CBP enforces through Withhold Release Orders (WROs) and Findings;
• The Uyghur Forced Labor Prevention Act (UFLPA), which presumes that goods connected to China’s Xinjiang Uyghur Autonomous Region were made with forced labor unless the importer proves otherwise; and
• The Countering America’s Adversaries Through Sanctions Act (CAATSA), which applies a similar presumption to goods made with North Korean labor anywhere in the world.

Each of these operates differently, and the Guidance maps the enforcement process for each one, including flowcharts and sample detention notices. Until now, importers had to piece this together from separate sources.  The Guidance is an effort to promote “informed compliance” by the import community. 

2. If Your Shipment is Detained, the Deadline Depends on Which Law CBP is Using

Not all forced labor detentions work the same way, and the differences matter. A detention under the UFLPA may give you as few as 30 days to respond. A WRO detention allows three months for essentially the same task. And a Finding is the most serious: the goods are seized, cannot be exported, and move toward forfeiture unless you affirmatively prove they were not made with forced labor.

If one of your containers were detained tomorrow, would you know which deadline applies? Importers should understand these processes before a detention notice arrives, not after. The clock is short, and it starts whether you are ready or not.

3. The Evidence Standard is High, and One Gap Can Defeat Your Whole Submission

To obtain an exception under the UFLPA, an importer must demonstrate by “clear and convincing” evidence that its goods were not produced with forced labor – and must respond completely to every CBP request for information. The Guidance is blunt on this point: if an importer fails to provide information for even a single supplier anywhere in the supply chain, the entire submission is insufficient.

In practical terms, documenting the final assembly factory is not enough. Many companies know their exporter and final manufacturer but have little visibility into where the cotton, minerals, or other raw materials originated. CBP expects traceability back to the raw material stage – purchase orders, production records, payment records, and transportation documents linking inputs to outputs at every tier. The Guidance includes appendices with recommended documentation for high-priority sectors and practical Due Diligence examples, which are a sensible starting point for evaluating your own records.

4. A Detention is Expensive Even if You Ultimately Win

The costs of a forced labor detention go well beyond delayed inventory. Importers challenging a detention are generally responsible for all storage costs until CBP issues its final determination. CBP may also require a single-transaction bond of up to three times the value of the detained merchandise – real working capital tied up on top of the cargo itself. (One modest bright spot: CTPAT Trade Compliance partners receive prioritized review of their admissibility packages when shipments are detained.)

The lesson is that prevention costs a fraction of what a detention does. Examine your supply chain now, require that your suppliers provide data, and include Representations concerning your suppliers’ labor compliance in your contract documents.

Legal Support for CBP Compliance

All importers must use Reasonable Care and Due Diligence in selecting their suppliers and partners, and CBP expects that importers will engage in Informed Compliance: being aware of the applicable laws and adhering to them. When considering whether to deal with products or components/materials from outside the U.S., this Guidance is critical. The full document is available on CBP’s website.

If your company has questions about this or other international business or trade issues, our International Business and Trade Law attorneys are here to help.

The post Import Compliance in 2026: Key Takeaways from New CBP Forced Labor Guidance appeared first on Fitzpatrick Lentz & Bubba, P.C..

Fitzpatrick Lentz & Bubba is pleased to have been selected to author content for the 2026 Chambers and Partners Trends & Developments Global Practice Guide highlighting Business Law in Pennsylvania. Specifically, the firm’s Energy & Infrastructure team provided insights on ongoing and future development opportunities in the Commonwealth.

“We’re proud to have contributed to the 2026 Chambers and Partners Doing Business in Pennsylvania Global Practice Guide,” said Erich Schock, Managing Shareholder. “Chambers is one of the legal industry’s most respected publications. The Guide provides business leaders, attorneys and investors with practical insights into the current legal and economic landscape, across jurisdictions; being part of it helps demonstrate our commitment to helping clients facilitating opportunities and navigating challenges across Pennsylvania.” 

As noted in Infrastructure and Industrial Opportunities: Pennsylvania’s Next Development Cycle,  PA “has location, energy, water, industrial history, transportation, workforce and redevelopment capacity. It also has aging infrastructure, local land use variation, power delivery constraints, warehouse fatigue in some communities, water and stormwater pressure, and a public approval process that can become contested. The better approach is to organize the work around the project’s actual sequence. Before site control, the team should know whether the use is allowed, whether utilities can serve it and whether access is feasible. Before closing, the team should understand easements, title, environmental conditions, public approvals and financing conditions. Before construction, the team should have a realistic path through permits, utility commitments, procurement and public improvements.”

“These projects do not move through one legal lane,” says Colin Keefe, Deputy Managing Shareholder. “A single development may address multiple legal issues including real estate, land use, energy, environmental, tax, finance, construction, utility, incentives and eminent domain simultaneously. Treating those as separate workstreams can create gaps in timing and risk allocation. We assembled our Energy & Infrastructure team to be able to offer developers and investors a collaborative approach with significant depth of experience to navigate a myriad of development challenges, notably in the Commonwealth. Not only do our attorneys work well together, but I believe Fitzpatrick Lentz & Bubba excels in working with other governing bodies and approval agencies to help our clients bring their projects to life.” 

An example of this type of collaboration on a large scale project is FLB’s recent legal support of Eli Lilly’s $3.5B pharmaceutical manufacturing campus in Lehigh County. This project will create at least 850 permanent jobs and approximately 2,000 construction jobs. As mentioned in the article, “The important point is not only the size of the investment: it is the mix of factors behind the site decision, including industrial land, access, utilities, incentives, workforce development and a coordinated approval path.” 

Previously, the inaugural Chambers Spotlight Pennsylvania 2026 Guide, which featured outstanding small and mid-sized law firms across the state, recognized the firm’s Corporate, Business & Banking and Real Estate teams. FLB was one of just 45 firms included in the Guide, and one of only two Lehigh Valley firms recognized as a market leader for commercial law services.

Read our full article in the Chambers’ Doing Business in Pennsylvania Guide. 

Reach out to FLB’s Energy & Infrastructure attorneys for your next PA development project. 

ABOUT CHAMBERS AND PARTNERS

Chambers and Partners is a globally recognized authority in legal market analysis, committed to identifying and ranking the world’s top legal professionals. Their mission is to provide clients with comprehensive insights to make informed decisions when selecting legal services. 

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