Article Archives

Below is a full list of articles by category to provide information and our helpful interpretations of the latest issues and news that may impact our clients.

Business Law

Advantages of Converting a Limited Partnership to an LLC

Two recent changes in Pennsylvania law made it advantageous to convert a limited partnership which owns real estate to a limited liability company.  more

Will Your Business Be a Victim of Cybersquatting?

The protection of your company's online identity is more important than ever before.  more

Planning for the Future of Your Enterprise

You have a business idea. This article is intended to assist you in charting a course for your enterprise which will be appropriately suited for your expectations.   more

Should I be concerned about using online legal forms for my business?

Tom Archer was featured in the Ask A Lawyer section of a recent issue of the Central Penn Business Journal. His comments focused on the pitfalls of using online legal documents.  more

Do You Have A Legal Wellness Program?

Clients who voluntarily "enroll" themselves in legal wellness programs and proactively monitor and attend to things before they become problems realize the same benefits of lower cost risks, avoiding major issues and improving overall legal health.  more

Protecting Your Electronic Communication Privacy

Anyone who has had an appointment with a health care provider in the past nine years is familiar with the privacy policies that protect their health information.  more

Banking Law

Revised Rules Regarding Garnishment of Federal Benefits

The final interim rule governing garnishments of accounts containing certain federal benefits has been amended.   more

Employment Law

Legal Wellness Checkup - Form I-9

When you hire a new employee, be sure to complete all the legal requirements for the hiring process by filling out Form I-9.  more

Employee Handbook Mistakes

As a business owner, you probably have an employee handbook. You may have had it drafted by an attorney or perhaps an employee downloaded a template from the internet and adapted it to your situation.  more

Enviromental Law

New Total Dissolved Solids Requirements For Publicly Owned Treatment Works

An article on DEP's revised Chapter 95 regulations that address the acceptance of high-TDS wastes for publicly owned treatment works.   more

DEP Takes Another Regulatory Step Toward "Discharge Elimination"

Attorney Randall Hurst discusses the new Chapter 92A discharge elimination standards, what they mean, what he anticipates to be some of the problems, and potential solutions to those problems.   more

The Official Record - A Little Used Tool For Understanding and Interpreting Regulations

As regulated entities (water, solid waste, and wastewater authorities) we are subject to a multitude of "official" documents.   more

Estate Planning

Medicaid-Medical Assistance Crisis Planning for Married Couples

With the cost of skilled nursing care exceeding $100,000 per year in some parts of Pennsylvania, a married couple's assets can be quickly consumed by the cost of one spouse's care in the event they become institutionalized in a skilled nursing facility.  more

Benefits of Naming A Trust As An IRA Beneficiary

Designating a primary and contingent beneficiary of your Individual Retirement Account (IRA) is a critical part of your overall estate plan.   more

Digital Assets Create New Problems When Planning Estates

Imagine forgetting all your passwords and being locked out of your online accounts.  more

Long-Term Care Planning

Traditional estate planning focuses on what will come of an individual's assets after they pass. It does not address the reality that there is a 70% chance that individuals over 65 will require some type of long-term care, including entry into a skilled care facility.  more

The Effect of the DOMA Decision on Estate Planning in Pennsylvania

The United States Supreme Court declared that the federal government must honor a state's decision giving same-sex couples the right to marry and that not recognizing such marriages was a violation of basic due process and equal protection principles.   more

The Perils of Joint Bank Accounts

There are several risks involved when adding another person to a bank account, before creating a joint bank account, one should be aware of some of the potential consequences.   more

General Law

Use Of Smartphone Voice Memo App Can Be A Wiretap Violation

The Pennsylvania Superior Court ruled that the use of the voice memo app on a smartphone to record a conversation, without the permission of the participants in the conversation, is a violation of the Pennsylvania Wiretap Act.   more

Stacking Coverage Limits

This is the third in a series of three articles dealing with some of the major decisions facing automobile insurance consumers when buying their car insurance. The third topic deals with coverage "stacking."  more

Underinsured Motorist Coverage

The minimum amount of liability insurance coverage required to satisfy Pennsylvania's Financial Responsibility law is $15,000 for bodily injury to, or death of, one (1) person in any one (1) accident and $30,000 for bodily injury to, or death of, two (2) or more persons in any one (1) accident, subject to the $15,000 per person limit.   more

Don't Give Up Your Right To Full Tort Protection

There are few more disappointing conversations that I've had to have with clients than letting them know they cannot recover their losses caused by another driver in a motor vehicle collision because the client has selected the "limited tort" option on their policy of insurance.   more

Economic Development Incentives in PA

Despite budget shortfalls, Pennsylvania continues to fund numerous programs aimed at encouraging expansion of business.   more

Employer Service Provider Security Breach

What should you do in the event of notification by your employer that a service provider to your company has notified its clients that the service provider's client files were accessed by unauthorized persons?  more

It's Not Just About Pro Bono

Lawyers need to be more aware of bar charities - that have a relationship to lawyers, the legal system or the professional organizations representing attorneys or paralegals.  more

PA Home Improvement Consumer Protection Act

The new Act requires home-improvement contractors to register with the state and include standard information and terms in their contracts.  more

Health Law

The Patient Protection And Affordable Health Care Act:

Implementation of the Patient Protection and Affordable Health Care Act (PPAHCA) continues. Effective January 2013, there are several financial and revenue raising provisions that become effective that may affect you, personally and as an employer.  more

Under PA Law You May Be Financially Responsible For Your Family's Care

Did you know that, under Pennsylvania law, you are responsible to care for and maintain or financially assist your indigent spouse, child, and/or parent?   more

Real Estate & Land Use

Pipeline Right Of Way Protection For Landowners

If you have been contacted about a proposal to install a pipeline on your property, contact an attorney experienced in this type of work before taking any steps to protect your rights.   more

Tax Assessment Appeal

If you own commercial real estate, or are a tenant who is responsible for payment of real estate taxes, you may be entitled to a decrease in real estate taxes.   more

Commercial Real Estate Transactions For Business Owners And Advisors

An introduction to principles of commercial real estate transactions critical to the success of any business. What you need to know about buying and leasing commercial real estate.   more

What To Do When Faced With Eminent Domain

If your property is being taken for public use, obtaining full and complete "just compensation" is a long, complex process, limited by law and requires the aid of experienced counsel to effect a comprehensive recovery.   more

Appealing Under Protest Can Keep Your Real Estate Project Going

Recently, Jeffrey A. Ernico of Mette, Evans & Woodside filed an appeal in Centre County, Pennsylvania on behalf of the developer of an apartment complex who had been faced with a grossly unreasonable recreation fee as a part of the conditional use approval.   more

Flood Insurance Reform Act

Homeowners in flood prone areas will face increases in flood insurance premiums under provisions in the Biggert–Waters Flood Insurance Reform Act, certain provisions of which went into effect in 2013.  more

Oil And Gas Act - Municipal Zoning Limitations

The Unconventional Gas Well Impact Fee Act among other matters required municipalities to amend their land use ordinances to allow unconventional gas wells which are used to extract natural gas in nearly every zoning district.  more

Contractor Guidelines

The Pennsylvania Home Improvement Consumer Protection Act is designed to protect homeowners from unscrupulous contractors and to establish penalties against contractors who violate the Act.  more

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