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  • About

    Business and commercial transactions lawyer, with strong litigation, administrative law, and economic development financing experience.

     

    Highly regarded auction law attorney representing auctioneers and the auction industry.

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    Previously a partner with a major Pittsburgh-based law firm

    Former Chief Counsel for the Pennsylvania Department of Community and Economic Development

    Previously associated with national law firms based in Washington, D.C. and Pittsburgh, Pennsylvania

    Former judicial law clerk at the Vermont Supreme Court

     

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    J.D. from Vermont Law School

    Masters of Public Administration from Penn State University

    B.A. in Government from King’s College

     

     

  • Committed

    Precise

    aggressive

    effective

    representation

     

     

    You take your legal matters seriously and your lawyer should too. I do.

  • Practice areas

    Auction Law

    Auctioneering is a nuanced and rapidly changing industry that is increasingly driven by advances in technology and developments in the law. Representing auctioneers requires a thorough understanding of the profession. When legal needs arise, you shouldn't have to spend time and money educating your lawyer. Instead, you need a lawyer who knows your business and the laws that apply to it. You need a lawyer who can hit the ground running. As one of only a few lawyers in the country with a dedicated auction law practice, I am intimately familiar with the needs of auctioneers and with the challenges they face. I have been successful in drafting state of the art, industry specific, contracts and in litigating discrete auction related issues. Because I am a true auction law attorney, my clients are not required to pay for a learning curve on industry standards and practices.

     

    I regularly present on auction law and ethics to industry groups that have included the National Auctioneers Association, the Pennsylvania Auctioneers Association, New Jersey State Society of Auctioneers, the Auctioneers Association of Maryland, the Arkansas Auctioneers Association, the South Dakota Auctioneers Association, the West Virginia Auctioneers Association, the Virginia Auctioneers Association, the New York State Auctioneers Association, the Colorado Auctioneers Association, the Illinois Auctioneers Association, the Indiana Auctioneers Association, the Michigan Auctioneers Association, Kansas Auctioneers Association, the Kentucky Auctioneers Association, and the South Carolina Auctioneers Association. I also teach auction law and ethics in auctioneering programs in Pennsylvania, North Carolina, and Indiana and provide continuing education programs on auction law and ethics. Articles that I have written have appeared in The Pennsylvania Auctioneers Association’s Keystone Auctioneer magazine, the National Auctioneers Association’s Auctioneer magazine, and the Michigan Auctioneers Association's magazine. I have also been a guest on Andy Imholte’s Fast Talking Podcast, discussing auction law issues.

     

    I was also a principal draftsperson of amendments to the Pennsylvania Auctioneer Licensing and Trading Assistant Registration Act, 63 P.S. § 734.1 et seq. Additionally, I recently prepared all consignment contracts, bidder terms and conditions, and transactional documents for a client engaged in the sale of patents and other intellectual property at auction.

     

     

    Business and Commercial Transactions

    My business and commercial transactions practice has included the representation of individuals, start-ups, small companies, and publicly traded entities. I have been responsible for broad corporate and commercial practice, including stock transactions, acquisitions and mergers, asset purchases and sales, corporate caretaking, securities law compliance and filings, the negotiation and documentation of commercial loans and credit facilities, asset based lending, project financing, real estate transactions, distribution and licensing agreements, employment and consulting contracts, letters of credit, commercial leases, mortgages, and practice under the Uniform Commercial Code.

    Litigation and Appellate Practice

    Litigation can be a difficult, time consuming, and expensive prospect. However, there are times when it is both appropriate and necessary. When confronted by a litigation matter, it is important to understand opportunities and the risks. You also need a trusted advisor to guide you through the process. I have represented clients in a wide variety of litigation matters, including breach of contract cases, bad faith insurance coverage matters, banking disputes, debtor and creditor matters, property disputes, employment disputes, discrimination lawsuits, lender liability actions, public record requests, consumer protection cases, and mandamus actions to require government agencies to do their jobs. When I undertake a litigation matter, it is an absolute priority of mine to keep the client fully informed and in the best position to make decisions at every step of the process.

    Administrative Law and Professional Licensing

    Having a Masters of Public Administration, together with highly relevant experience as Chief Counsel for the Pennsylvania Department of Community and Economic Development, I have unique perspective and experience with administrative practice and procedure. I have appeared before numerous Commonwealth agencies, and various licensing Boards and Commissions, including the Court of Judicial Discipline, State Civil Service Commission, the Pennsylvania Human Relations Commission, the Environmental Hearing Board, the Department of State, the Board of Finance and Revenue, Board of Claims, the Department of Human Services, the State Board of Auctioneer Examiners, the State Board of Dentistry, and the State Board of Pharmacy.

     

    My administrative practice includes protecting the rights of professional licensees, and ensuring due process in licensing and disciplinary matters. Among the successful results that I have obtained for clients in licensing and disciplinary matters, I was responsible for overturning numerous citations that were improperly issued to auctioneers, resulting in an overhaul of the auctioneer licensing law.

    Economic Development Financing

    I have assisted clients in exploring and obtaining loan and grant financing through the Commonwealth of Pennsylvania, including funding for multi-million dollar projects. As a former Chief Counsel for the Pennsylvania Department of Community and Economic Development, I have valuable experience with Commonwealth financing programs and resources.

    Real Estate, Land Use, Oil and Gas

    Real estate and land use issues arise in many contexts. Whether financing, development, conveyances, leases, environmental protection, or the use and enjoyment of property. Understanding property rights, obligations, and restrictions is essential to ownership, stewardship, and successful transactions. My broad real estate and land use experience includes representation of clients in real estate transactions, in financing collateralized by real estate, in property disputes, and before zoning boards, planning commissions, and township supervisors. As Chief Counsel for the Pennsylvania Department of Community and Economic Development, I oversaw countless real estate transactions. I was also responsible for the proper implementation of eminent domain actions to protect the public welfare in connection with the underground mine fire in the Borough of Centralia. In private practice, I have negotiated on behalf of clients whose property was subject to government takings. I have also represented both borrowers and lenders in private mortgage transactions and credit facilities. Additionally, I have successfully represented land owners in protecting their rights and abating nuisances caused by the unreasonable conduct of others. I have also negotiated favorable terms for landowners in oil and gas leases in the Marcellus Shale play.

  • solid foundations and formidable obstacles

     

     

     

     

     

     

     

    Whether your brick wall is a foundation to be laid or an obstacle to be overcome, rely on MICHAK.legal to help assess the situation,

    identify options, strategize, seize opportunities, and accomplish your goals

     

     

     

  • bio

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    George Michak has been practicing law for more than thirty years. His areas of practice include: auction law; general corporate and business matters; commercial transactions; administrative law; professional licensing; economic development financing and incentives; commercial and appellate litigation; oil and gas; real estate; and land use.

     

    George has a dedicated auction law practice, regularly representing auctioneers and auction companies on all legal aspects affecting the auction industry, including: contracts; litigation; administrative law; licensing and disciplinary matters; online auctions; intellectual property; business purchases and sales; land use; real estate; environmental issues; oil, gas, and mineral rights; federal and state restrictions on the sale of certain property (including taxidermy and firearms); sales tax; Uniform Commercial Code; succession planning; ethics; best practices; and risk management. Recognizing the significant impact of technology on the auction industry (and on the law as it relates to the auction industry) George monitors technological and legal developments affecting the industry. George also helps auctioneers and auction companies identify, manage, and reduce risk while educating sellers and buyers and protecting commissions, premiums, and fees. Among the specific matters he has handled, George:

    • Prepared the contract package and bidder terms and conditions, and addressed licensing issues, for a significant intellectual property brokerage and auction company selling patents throughout the United States
    • Revised the bidder terms and conditions for an online auction company selling residential and commercial real estate throughout the United States
    • Prepared auction contracts and bidder terms and conditions for various companies conducting both live and online auctions
    • Advised a multi-national auction company on alternatives for the passage of title (as well as possession and risk of loss) with respect to machinery and equipment sold at auction
    • Successfully defended a large regional real estate auction in litigation commenced by a bidder for a block of income producing properties
    • Successfully defended numerous auctioneers wrongly cited for alleged violations of the Pennsylvania Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.1 et seq.), resulting in major changes to the identification and treatment of auction companies and auction houses in Pennsylvania
    • Prepared a friend of the court brief in a landmark case addressing real estate disclosure requirements affecting both auctioneers and brokers
    • Was a principal draftsperson for amendments to the Pennsylvania Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.1 et seq.)

    George regularly speaks before industry groups about developments in auction law, as well as best practices, contracts, ethics, and risk management for auctioneers. Recent presentations include: the National Auctioneers Association, the Pennsylvania Auctioneers Association, New Jersey State Society of Auctioneers, the Auctioneers Association of Maryland, the Arkansas Auctioneers Association, the South Dakota Auctioneers Association, the West Virginia Auctioneers Association, the Virginia Auctioneers Association, the New York State Auctioneers Association, the Colorado Auctioneers Association, the Illinois Auctioneers Association, the Indiana Auctioneers Association, the Michigan Auctioneers Association, Kansas Auctioneers Association, the Kentucky Auctioneers Association, and the South Carolina Auctioneers Association. Articles written by George have appeared in the Pennsylvania Auctioneers Association’s Keystone Auctioneer magazine and the National Auctioneers Association’s Auctioneer magazine. George has also been a frequent guest on Andy Imholte’s Fast Talking Podcast, addressing various auction law issues. During speaking engagements, George addresses the changing (and challenging) legal environment faced by auctioneers, with a focus on major legal issues, developing case law, and the importance of appropriate contract language, including bidder terms and conditions. Among the various topics George has addressed are: (i) issues related to the use of a buyer's premium; (ii) the applicability and satisfaction of the statute of frauds with respect to the sale of personal property at auction; (iii) the possibility of becoming part of the provenance of an item struck off at auction (including the risk of liability to subsequent purchasers); (iv) the handling of escrow accounts (particularly when a claim has been made by a buyer, bidder, or third party); (v) dealing with, and preventing, credit card chargebacks; (vi) issues related to the withdrawal of property by the seller or the auctioneer; (vii) issues regarding absentee bids, phone bids, and online bids; (viii) jurisdiction (for both litigation and tax purposes) and applicable law with respect remote bidders and buyers (whether online, by telephone, or by absentee); (ix) disclosure obligations and the proper use and application of "AS IS" as a disclaimer; and (x) issues arising under the Uniform Commercial Code (including court decisions interpreting UCC Section 2-328 and bidder terms and conditions regarding an auctioneer’s discretion to reopen bidding after the fall of the hammer).

     

    George also has a strong background in corporate and business law, economic development financing, commercial litigation, administrative law and professional licensing, oil and gas, and real estate and land use. In these areas, George provides counsel on:

    • Business formation
    • Shareholder agreements
    • Limited liability company operating agreements
    • Buy-sell agreements
    • Corporate governance, care-taking, and compliance
    • Banking and financial transactions
    • Debtor and creditor matters
    • Economic development incentives
    • Risk management and commercial litigation
    • Contract litigation
    • Bad faith insurance litigation
    • Property disputes, including actions to abate nuisances
    • Administrative law
    • Professional licensing and disciplinary matters

    Representative matters include:

    • Successful representation of a junior lien holder in a dispute involving Islamic banking and conventional finance – resulting in the client taking title to (and liquidating) property valued at $2,000,000 on a $400,000 subordinate mortgage
    • Successful representation of a client in a bad faith insurance coverage matter against a major title insurance company – resulting in the insurer satisfying the client’s mortgage and issuing a significant settlement payment
    • Successful representation of a client in obtaining an injunction to stop the operations of a scrap metal recycling company intruding on a residential neighborhood
    • Representation of a high profile state judge in judicial disciplinary proceedings

    George graduated, magna cum laude, from Vermont Law School, and holds a Master’s degree in Public Administration from Penn State University where he was awarded a University Fellowship. He received his Bachelor of Arts degree in Government from King’s College. After law school, George served a judicial clerkship with the Honorable John A. Dooley III at the Vermont Supreme Court. George also served as Chief Counsel with the Pennsylvania Department of Community and Economic Development, which is the Commonwealth’s principal economic development financing agency. As Chief Counsel for DCED, George also represented the Pennsylvania Industrial Development Authority, the Pennsylvania Economic Development Financing Authority, the Pennsylvania Minority Business Development Authority, and the Governor’s Center for Local Government Services. Previously, George was a partner in a major Pittsburgh-based law firm, and, earlier, was associated with national law firms based in Washington, D.C. and Pittsburgh.

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  • About Fees

    It's not all about fees. Ultimately, it's about client needs and results.

    You deserve a lawyer who understands your case and your

    circumstances, and who can customize billing to meet your needs.

     

    Because your business doesn't run on six minute

    intervals, an hourly rate – while often appropriate –

    may not always be the best billing approach.

    Alternative fee arrangements, including flat fees,

    performance based fees, task based fees,

    budgeted fees not to exceed an agreed amount,

    and satisfaction adjustments are available for discussion.

     

    Because questions are often cheaper and more

    easily resolved than problems, no fee structure should

    be an impediment to addressing issues early and efficiently.

  • Blog

    Blog entries are for discussion purposes only, and do not constitute legal advice; nor do they establish an attorney-client relationship. You should consult with an attorney of your own choosing before making decisions having legal consequences.

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  • Contact

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