Legal Insights
If you have children and you are getting married, you need a premarital agreement. Why not make it Romantic?
March 15, 2017 By Mary Cushing Doherty When a couple is marrying, if either fiancé is a single parent or divorcee, friends may suggest they sign a prenuptial agreement. A premarital agreement need not be a divorce plan. The quick brushoff that this suggestion is offensive could be misplaced. Why not write a prenuptial agreement […]
Romantic Premarital Agreements: Solving the Planning Issues Without “The D Word”
March 10, 2017 By Mary Cushing Doherty This post originally appeared in the Journal of the AAML, Vol. 29, No. 1, 2016. I. INTRODUCTION When a couple is planning to marry, either or both may be urged by friends, family, a financial advisor and/or business partner to consult an attorney to prepare a premarital agreement. […]
The Oscars®, March Madness and Work: How Does an Employer Manage Distracted Working
March 8, 2017 By James Shrimp As most of you know, at the Oscars® Warren Beatty and Faye Dunaway announced the wrong movie for the Best Picture Award. In the initial hours after the show, many held Warren Beatty accountable (including me), because he clearly recognized something was wrong with the card – but showed […]
Breaking Down “BYOD” Policies
February 14, 2017 The explosion of smartphones, tablets and technology generally, has inevitably resulted in employees performing work tasks on their personal devices. In the age of the ever present smartphone, and for many, the accompanying compulsion to stay constantly connected, employers and employees find themselves balancing the benefits and pitfalls of employees using their […]
Reducing No-Fault Divorce Separation to One Year: The Significant Impact on Divorcing Couples with Business Interests
January 26, 2017 By Mary Cushing Doherty Before Pennsylvania’s Act 102 became law in late 2016, parties to a divorce in most Pennsylvania counties were unable to meet with a divorce Master until they had established grounds. Without both parties filing Consents to the divorce, the delay put the business owner’s livelihood at risk. To […]
“Subgroup” Disparate Impact is a Basis for Age Discrimination Claim
January 17, 2017 By James B. Shrimp For any business contemplating a reduction in force (“RIF”) it is no doubt a difficult process given the knowledge that you are going to layoff a significant number of employees. From a business perspective, for businesses in PA, NJ and DE, the Third Circuit Court of Appeals has […]
When is a Will Really a Will?
January 10, 2017 By Donald Petrille, Jr. The rules for executing a Will in Pennsylvania are simple and clear. Unfortunately, life, and its circumstances, often are not, and these circumstances can unwittingly lead to a Will contest. Pennsylvania law is clear. If someone signs a document which is intended to dispose of property or other […]
Subrogation: The Lien is Absolute (or Is It…)
November 17, 2016 By Thomas E. Panzer Employers and their Workers’ Compensation Insurance Carriers (“Employer”) need to be aware that the Employer’s right to subrogate to a Claimant’s third party action is under attack. Section 319 of the Pennsylvania Workers’ Compensation Act provides the statutory authority for the Employer to subrogate to a third party […]
Independent Contractor Doctrine Affirmed
August 5, 2016 By: Thomas E. Panzer The High Swartz workers’ compensation defense group recently earned a favorable ruling from the Pennsylvania Commonwealth Court. In the matter of, Edwards v Epicure Home Care, Inc. (Workers’ Compensation Appeal Board), 134 A3d 1156, Pa. Cmwlth Ct 2016, the Commonwealth Court affirmed our client’s use of independent contractors […]
Eminent Domain and Real Estate Valuation Basics in Pennsylvania
May 20, 2016 Most people have a general understanding of the concept of Eminent Domain. However, the knowledge that the government can take your land isn’t all that helpful when you are faced with an imminent taking of your property. Knowing the requirements for a government entity to follow in order to legally condemn property […]