GEORGE A. MICHAK

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.