U.S. Supreme Court Guts Fair Debt Collection Practices Act

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Recent Corporate Transactions

  • Business
  • Jan 8, 2024

Martin & Company:  McCausland Keen + Buckman represented Pennsylvania-based Martin & Company in the sale of a majority of its ownership to Polaris Growth Fund, a Boston-based private equity firm.  Marc Maser led a team of attorneys at MKB in representing the seller. Martin & Company is a consulting and advisory firm serving the insurance industry nationally in the United States and internationally in London.  Founder and CEO Paul P. Martin will continue to run the business in his current capacity.

Shenandoah:  McCausland Keen + Buckman Shareholder Marc Maser recently represented Pennsylvania-based Shenandoah Biotechnology, Inc. in a stock sale of the corporation to FUJIFILM Irvine Scientific, Inc., which is a division of FUJIFILM, a multinational conglomerate based in Tokyo, Japan. Shenandoah Biotechnology is a leading manufacturer of recombinant proteins, used for life sciences research and development purposes. 

New Compliance Obligations Imposed on Commercial Landlords by the City of Philadelphia

New Compliance Obligations Imposed on Commercial Landlords by the City of Philadelphia

  • Real Estate
  • Apr 18, 2022

Effective March 18, 2022, a new Philadelphia ordinance requires that, unless an exception applies, at least seven-days prior to the execution of any commercial lease for property located within Philadelphia, commercial landlords must first provide tenants with a copy of the Commercial Leasing Notice issued by the City of Philadelphia Department of Licenses and Inspections. Click above to learn more.

DEFEASANCE?  HOLD MY BEER.

DEFEASANCE?  HOLD MY BEER.

  • Oct 6, 2021
  • Andrew Maguire
  • By Andrew Maguire

Explaining the process, sequencing and business considerations of defeasance to anyone new to the world of securitized debt is an interesting experience.  Why?  Because nothing about defeasance is intuitive.  Very smart people can have a hard time absorbing the mechanics of defeasing debt and the interplay among the cast of involved parties.  This is my attempt to demystify defeasance. Click above to learn more.

1031 Exchange Note Transactions: an Option for Real Estate Owners to Consider

1031 Exchange Note Transactions: an Option for Real Estate Owners to Consider

  • Real Estate
  • Sep 29, 2020
  • Andrew Maguire
  • By Andrew Maguire

Under the 1031 Exchange rules, sellers of U.S. real estate are able to defer some or all of the capital gains tax on sales proceeds which are re-invested in replacement properties identified and purchased within particular timeframes after the date of the sale. But what if some of the seller’s members prefer to pocket their share of the sales proceeds (and pay the resulting capital gains tax) rather than re-investing those funds in a replacement property? One approach is to implement a like-kind exchange with a note structure. Click above to learn more.

Court Rules that Schools Cannot Discipline Students for Out-of-School Speech

Court Rules that Schools Cannot Discipline Students for Out-of-School Speech

  • Litigation
  • Jul 2, 2020

Third Circuit rules that public schools generally cannot discipline students for out-of-school speech, including social media posts. Click above to read more.

Can the Pennsylvania General Assembly Unilaterally Terminate the COVID-19 Disaster Emergency Declared by Governor Wolf?

  • Business
  • Jun 10, 2020

Can the Pennsylvania General Assembly unilaterally terminate Governor Wolf's COVID-19 disaster emergency declaration through a "concurrent resolution" without the approval of the Governor? Click above to read the analysis.

Pennsylvania Supreme Court Rules, Again, that Governor Wolf’s  Business Closure Order is Legal and Constitutional

Pennsylvania Supreme Court Rules, Again, that Governor Wolf’s Business Closure Order is Legal and Constitutional

  • Litigation
  • Apr 14, 2020

The Pennsylvania Supreme Court rejected a second challenge to Governor Wolf's statutory and constitutional authority to issue his Executive Order compelling the closure of the physical operations of all non-life-sustaining businesses in Pennsylvania to reduce the spread of COVID-19, and upheld the Governor’s power to determine which businesses are life-sustaining and which are not. However, another challenge remains pending in federal court. Click above to read more.

When Investment Losses May Be Indicative of Wall Street Misconduct

When Investment Losses May Be Indicative of Wall Street Misconduct

  • Apr 8, 2020
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Securities litigator Glenn S. Gitomer provides helpful information to determine whether you have suffered losses due to negligent advice, breaches of fiduciary duties, undisclosed conflicts of interest, and fraudulent activity in this new bear market. Read more by clicking above.

Families First Coronavirus Response Act (“FFCRA”)

Families First Coronavirus Response Act (“FFCRA”)

  • Business
  • Mar 26, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

FFCRA requires Covered Employers to provide two weeks of paid sick leave and twelve weeks of childcare leave (ten weeks paid) in response to COVID-19. Employers will receive 100% tax credits on a quarterly basis for all paid leave. 

Coronavirus:  Coming Soon to a Workplace Near You

Coronavirus:  Coming Soon to a Workplace Near You

  • Business
  • Mar 12, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

COVID-19 - what employers should know.

Should Your Case Be in Federal Court or State Court?

Should Your Case Be in Federal Court or State Court?

  • Litigation
  • Sep 19, 2019

When does a dispute belong in state court and when does it belong in federal court? The answer to that question is often a mystery to non-lawyers. We will explore the basics in this article.

Philadelphia City Council Passes “Fair Workweek” Ordinance

Philadelphia City Council Passes “Fair Workweek” Ordinance

  • Business
  • Aug 6, 2019

The Philadelphia City Council has passed a “Fair Workweek” Ordinance that places restrictions to large retail, hospitality and food service establishments. Effective January 1, 2020, such establishments are required to: (1) allow existing employees the right to first refuse additional hours before hiring new employees; (2) post and provide advance notice of work schedules; (3) provide predictability pay for any departures from the posted schedules and; (4) permit a rest period of nine hours between shifts.

Pennsylvania Superior Court Holds that CYS May Not Compel  Parents’ Cooperation with Child Abuse or Neglect Investigation or a Parent’s Urine Test Prior to Filing for Dependency

Pennsylvania Superior Court Holds that CYS May Not Compel Parents’ Cooperation with Child Abuse or Neglect Investigation or a Parent’s Urine Test Prior to Filing for Dependency

  • Litigation
  • Jul 26, 2019

For the first time in a published, precedential opinion, the Pennsylvania Superior Court has held that a county children and youth agency (“CYS”) may not obtain a court order compelling a parent to submit to a urine test, or compel parents to otherwise cooperate with a CYS investigation, prior to filing a dependency petition, because such relief is not permitted by statute prior to dependency. The Court also held that although the court may be permitted to compel a home inspection prior to dependency because it is specifically permitted by statute, doing so without probable cause violates the federal and state constitutional right against unreasonable searches and seizures.

Supreme Court Rules Property Owners May File Action in Federal Court When Property is Taken through Eminent Domain

Supreme Court Rules Property Owners May File Action in Federal Court When Property is Taken through Eminent Domain

  • Real Estate
  • Jul 17, 2019
  • Andrew Maguire
  • By Andrew Maguire

The United States Supreme Court has granted property owners direct access to the federal courts for the resolution of eminent domain proceedings. The Court’s recent Knick v. Township of Scott decision overturns a 34 year old precedent which had required plaintiffs in takings cases to first seek just compensation in state court before bringing a federal action.

Don’t Let Your 18 Year Old Leave the House Powerless

  • Jul 12, 2019

Consider having your son or daughter sign a healthcare power of attorney and general power of attorney before they head to college.

Pennsylvania Supreme Court Rules that Police May not Detain or Frisk a Person Solely Because He or She is Carrying a Firearm

  • Litigation
  • May 31, 2019

The Pennsylvania Supreme Court recently ruled that it is unconstitutional under the Fourth Amendment to detain or frisk a person merely for carrying a firearm in Pennsylvania.

Is Your Lawyer Listening to You?

Is Your Lawyer Listening to You?

  • Trusts + Estates
  • Apr 29, 2019

Many of us can agree that effective listening is an important tool in any lawyer’s toolbox, but its value exceeds the obvious ability to gather facts, learn a client’s motivations, and understand a client’s goals. It’s really a win-win for the lawyer and client because lawyers who listen effectively find their clients are more likely to listen back (and come back for more advice). What makes a good listener? Is your lawyer truly listening to you? Garth Hoyt shares his thoughts.

Transforming Empty Space into Storage Solutions: The Pros and Cons

Transforming Empty Space into Storage Solutions: The Pros and Cons

  • Real Estate
  • Apr 8, 2019

The landscape of old shopping centers is changing. With the closings of big-box stores like Sears, K-Mart, Best Buy, Big Lots, Macy’s, and Babies R Us/Toys R Us, once vibrant and bustling shopping centers seem to have lost their luster. However, there is potential to re-use and re-purpose these empty stores. Large big-box stores can be difficult to re-use in their existing configurations.  However, some innovative developers are thinking outside of the box to utilize these large buildings by breaking up such spaces into several smaller suites, or by converting them into non-traditional uses such as schools/campuses, medical facilities, apartments, corporate offices, or churches. 

Court Shockingly Holds that Police Are Immune from Liability for Stealing From Citizens

Court Shockingly Holds that Police Are Immune from Liability for Stealing From Citizens

  • Litigation
  • Mar 28, 2019

On March 20, 2019, the United States Court of Appeals for the Ninth Circuit issued a somewhat perplexing and disturbing Fourth Amendment decision.  At issue in Jessop v. City of Fresno was whether police officers could be held liable under 42 U.S.C. 1983 for violating the plaintiffs’ Fourth Amendment rights by stealing, incident to a search warrant, $151,380 of cash and another $125,000 worth of rare coins while indicating on the inventory sheet that they only seized $50,000. Read more about the outcome.

Clicking “Buy” for that Movie or Music May Not Matter to Your Heirs

Clicking “Buy” for that Movie or Music May Not Matter to Your Heirs

  • Trusts + Estates
  • Mar 13, 2019

Many of us are accumulating a sizable library of digital assets, including movies, books, and music. Every time you choose to buy a movie on streaming instead of renting, purchase a digital book, download a song to your music library, you're growing your digital library. But what happens to these digital assets when you die, and should you include them in your estate planning?

Swim at Whose Risk?

Swim at Whose Risk?

  • Real Estate
  • Feb 20, 2019
  • Ryan E. Abrams
  • By Ryan E. Abrams

To the benefit of the communities that surround them, many privately owned forests and pastoral landscapes across Pennsylvania are open for public use. Private landowners may share their land through something as formal as the dedication of a trail easement to something as informal as simply allowing the public onto land to swim in a pond. Recently, the Pennsylvania legislature acted to bolster the already strong protections against liability claims, ensuring the preservation and public enjoyment of more of the natural beauty of Pennsylvania for generations to come.

Broken engagement: who keeps the ring?

Broken engagement: who keeps the ring?

  • Litigation
  • Feb 11, 2019

Engagement and marriage are supposed to be two of the happiest times in a couple’s life. Ordinarily, as part of the engagement, an absurdly expensive diamond ring is provided by one fiancé to the other. Usually, marriage follows engagement. But what happens to the ring if the engagement is cancelled?

Recent Changes to the Law of Adverse Possession in Pennsylvania

Recent Changes to the Law of Adverse Possession in Pennsylvania

  • Real Estate
  • Jan 7, 2019
  • Ryan E. Abrams
  • By Ryan E. Abrams

One of the more well settled areas of Pennsylvania law, the law of adverse possession, was subject to both judicial and legislative action in the Commonwealth this year. Adverse possession is a legal mechanism whereby one’s physical possession of the land of another is converted into actual legal title to the land. Each recent change to the law marks a departure from distinct legal concept within the jurisprudence of adverse possession, and many landowners, including municipalities, may now have cause to reevaluate the status of their ownership of certain lands.

Drugs in the Workplace: A Recent Decision in Connecticut May Provide Some Guidance to Pennsylvania Employers

  • Business
  • Dec 3, 2018

Medical Marijuana became legal in Pennsylvania in 2016 through the Medical Marijuana Act. As a result, employers will be faced with situations where they will need to decide how to handle employees and prospective employees who are authorized by state law to utilize marijuana for medical purposes. While it will take time before Pennsylvania courts provide concrete guidance to employers on how to deal with specific situations, a recent decision from Connecticut provides some potential insight.

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

  • Litigation
  • Nov 15, 2018

Many consumers and investors have recently heard about, followed, or even traded in the crypto-currency called Bitcoin. Bitcoin can be exchanged for traditional currencies such as the U.S. dollar, or used to purchase goods or services, usually online. As an investor in Bitcoin, a user of the crypto-currency, or as a practitioner representing investors who have purchased, sold or invested in Bitcoin, it is critical to understand how certain U.S. agencies and bureaus of U.S. agencies treat and attempt to regulate crypto-currencies, including Bitcoin.

Non-Disclosure Agreements: When and How Should Companies Use Them?

Non-Disclosure Agreements: When and How Should Companies Use Them?

  • Business
  • Nov 5, 2018
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

You may have seen Non-Disclosure Agreements (NDAs) in the news lately in connection with the #MeToo movement. NDAs that require victims of harassment to remain silent have triggered conversations among employers, lawyers, and even legislators regarding the appropriate use of NDAs. However, NDAs can still be useful for protecting your business and valuable proprietary information. When should companies use an NDA and what should be included?

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

  • Business
  • Oct 29, 2018

The Family and Medical Leave Act has many nuances and the United States District Court for the Eastern District of Pennsylvania examined some of them in a recent opinion. The opinion highlights the fact that employees do not need to say any magic words to request leave under the FMLA.  Rather, when an employee provides sufficient information to suggest that the FMLA may apply, the onus is on the employer to request any additional information necessary to make a determination.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

  • Business
  • Sep 26, 2018

Recently, the United States District Court for the Eastern District of Pennsylvania held that a website that is inaccessible to the disabled can form the basis for a disability discrimination claim under the Americans with Disabilities Act (ADA). Given the recent prevalence of ADA “drive by” lawsuits, and since nearly every business in this day and age maintains a website, this is an issue that warrants immediate attention. Is your website compliant?

South Dakota v Wayfair, Where Are We Now?

South Dakota v Wayfair, Where Are We Now?

  • Business
  • Sep 17, 2018
  • Marc S. Maser
  • By Marc S. Maser

On June 21, 2018, the Supreme Court ruled that a state may require remote sellers to collect sales tax, overturning the bright line physical presence test. Any seller with a substantial virtual or economic presence can now be obligated to collect sales tax without violating the Constitution. This is a major win for states, as it will allow for an $8 to $33 billion increase in aggregate revenue for use for public duties. However, in the months since the South Dakota v Wayfair ruling, business owners have been left with considerable uncertainty about what the new economic presence test means for them.

Many are shocked that Aretha Franklin died without a will. I am not.

Many are shocked that Aretha Franklin died without a will. I am not.

  • Trusts + Estates
  • Aug 30, 2018

Ask any trust and estate lawyer, and they’ll tell you it’s tragically common. Many people die without a will in place. More than half of American adults don't have one, including Aretha Franklin. What happens when you die without a will? We discuss.

Creating An Effective Estate Plan

Creating An Effective Estate Plan

  • Trusts + Estates
  • Aug 9, 2018

Estate planning is an important component of long-term family stability. It can provide guidelines for the prudent management of financial matters and the care and education of children and is also an important component of overall wealth planning. What should be included in an effective estate plan? We share the details.

Qualified Opportunity Funds: A Tax Intelligent Investment Option

Qualified Opportunity Funds: A Tax Intelligent Investment Option

  • Business
  • Jul 31, 2018
  • Andrew Maguire
  • By Andrew Maguire

The Tax Cuts and Jobs Act of 2017 provides powerful tax incentives, which can defer, reduce, and potentially eliminate, capital gains tax for qualifying investments. The Act aims to stimulate development in economically-challenged areas designated as Qualified Opportunity Zones. Qualified Opportunity Funds (investing entities which meet certain criteria established by the IRS and the Department of the Treasury) can enjoy beneficial tax treatment if they invest in tangible property or equity interests in companies located in Qualified Opportunity Zones.

Pennsylvania 1099 Withholding Requirement for Businesses

Pennsylvania 1099 Withholding Requirement for Businesses

  • Business
  • Jul 26, 2018

Late last year, Pennsylvania enacted Act 43 of 2017, a grab bag of tax provisions that, among other things, requires Pennsylvania businesses to withhold personal income tax (PIT) at the rate of 3.07% from certain payments reported on the Federal Form 1099-MISC to non-resident payees. Absent a reprieve from the Commonwealth Court, which is considering a challenge to Act 43 in its entirety, the withholding requirements are now effective. Here’s what you should know. 

Trusts + Estates Planning in 2018: Time to Review

Trusts + Estates Planning in 2018: Time to Review

  • Trusts + Estates
  • Jun 26, 2018

It is always a good idea to review plans periodically to account for life changes (birth, marriage, death, financial, etc.). This year, the 2017 Tax Cuts and Jobs Act dramatically changed the federal gift, estate, and generation skipping transfer taxes. In light of these significant changes, it is even more important to revisit your estate plan, particularly if not reviewed in recent years.

Tax Cuts and Jobs Act Resource Center

Tax Cuts and Jobs Act Resource Center

  • Industry Brief
  • Mar 14, 2018
  • Marc S. Maser
  • By Marc S. Maser

The Tax Cuts and Jobs of 2017 included a number of promised provisions to cut the corporate tax rate on a permanent basis, provide time limited tax cuts for individuals and incorporate a number of provisions that may change taxpayer behavior on everything from housing choices to charitable giving to education.

Private Energy Supply Transactions: The Smart Thing You’re Not Doing

Private Energy Supply Transactions: The Smart Thing You’re Not Doing

  • Business
  • Jan 16, 2018
  • Andrew Maguire
  • By Andrew Maguire

Today, electricity and natural gas are de-regulated throughout the Northeast, Mid-Atlantic and Midwest, giving property owners in these regions the opportunity to reduce energy costs by buying energy directly from private suppliers.

Early-Stage Companies: Better Off SAFE?

Early-Stage Companies: Better Off SAFE?

  • Technology Transfer
  • Jan 9, 2018
  • Christopher F. Wright
  • By Christopher F. Wright

In exchange for accepting seed capital, early-stage companies may want to consider offering initial investors a Simple Agreement for Future Equity (SAFE), which is a straightforward and easily-negotiated convertible instrument that will provide the investor a right to future equity in the company.

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

  • Business
  • Dec 21, 2017
  • Marc S. Maser
  • By Marc S. Maser

The recent passage of the Tax Cuts and Jobs Act and the changes it makes to rate structures and other tax provisions create an opportunity in the final days of 2017 to permanently save tax dollars.

Workplace Sexual Harassment: Is Your Company Next?

Workplace Sexual Harassment: Is Your Company Next?

  • Business
  • Dec 1, 2017
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

Each week seems to bring new revelations of sexual misconduct by another high-ranking politician, journalist, actor, movie producer, etc. and the inevitable fall from grace, ruined reputation and shattered career. What impact is this media focus on sexual assault and harassment likely to have on your workplace?

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

  • Litigation
  • Aug 17, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Ponzi Schemes are perpetrated by promoters, who gain the confidence of potential investors by claiming to have special access to a unique product or investment. To often people have fallen victim to fraud by their trusted financial advisors. There are several red flags which indicate you might be involved with a Ponzi scheme.

Is Your Financial Advisor Viable? Do They Have E&O Insurance?  Why SIPC Is Not The Answer.

  • Litigation
  • Jul 11, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

It's important to understand why the SIPC may not provide you all the protection you need in the case of wrongful acts by your financial advisor. Best to check if your advisor has Errors and Omissions Insurance.

3rd Circuit Holds 1st Amendment Right to Record Police

  • Litigation
  • Jul 10, 2017

On July 7, 2017, the United States Court of Appeals for the Third Circuit held that there is a First Amendment right to record police officers in public while they are performing their official duties.

Selection of Only Commercial Properties for Tax Assessment Appeals Ruled Unconstitutional

Selection of Only Commercial Properties for Tax Assessment Appeals Ruled Unconstitutional

  • Litigation
  • Jul 6, 2017

On July 5, 2017, the Pennsylvania Supreme Court ruled that school districts and other taxing authorities in Pennsylvania may not selectively appeal the real estate tax assessments of only a particular class of properties, such as commercial properties, because doing so violates the Uniformity Clause of the Pennsylvania Constitution.

U.S. Supreme Court Guts Fair Debt Collection Practices Act

U.S. Supreme Court Guts Fair Debt Collection Practices Act

  • Litigation
  • Jun 12, 2017

The Supreme Court has undermined what many believe is the intent of the federal Fair Debt Collection Practices Act

Why The DOL’s Fiduciary Rule Is So Important

  • Litigation
  • Jun 9, 2017

Today, the Department of Labor’s fiduciary duty rule will become effective. Essentially, the fiduciary duty rule is focused on reducing conflicts of interest that may arise in financial professionals’ investment recommendations for retirement accounts.

Financial Exploitation of Seniors Addressed in New FINRA Rules

  • Litigation
  • May 30, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

As the baby boom generation reaches retirement and the golden years, FINRA is taking a more active role to protect senior investors from exploitation and the loss of their life savings.

Confession of Judgment – Be Careful When Giving Up Your Right to Due Process

  • Litigation
  • May 26, 2017

Does your proposed or existing commercial lease or other commercial contract contain a confession of judgment clause? If so, you should read this so that you understand your rights and the applicable law.

FINRA Arbitration: What’s It All About?

  • Litigation
  • May 9, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

FINRA's arbitration clause, when signed by a competent customer, is binding and enforceable. There is a great deal more to FINRA's arbitration process than most people realize. The process covers everything from fees, the number of arbitrators to how arbitrators are selected and hearings are conducted.

Beware of Excessive Investment Fees, Commissions and Margin Interest

  • Litigation
  • Apr 12, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

One must take into account trading costs and broker commission rates in order to determine if your investment portfolio is showing an actual gain or a loss.

Has time run out? The law of the “Statute of Limitations” in Pennsylvania

Has time run out? The law of the “Statute of Limitations” in Pennsylvania

  • Litigation
  • Feb 6, 2017

If you are wronged, how long do you have before you must sue or forever lose your right to do so? This is a very important question that non-lawyers don’t often think about.

Look Before You Leap: Check Out Your Financial Advisor On BrokerCheck

  • Industry Brief
  • Jan 6, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Your life savings are rightfully important to you, and there is no more important decision you will make than the selection of a financial advisor to guide your investment decisions. BrokerCheck is a great tool to learn important information about your advisor.

Tax Cuts and Jobs Act Resource Center

Tax Cuts and Jobs Act Resource Center

  • Industry Brief
  • Mar 14, 2018
  • Marc S. Maser
  • By Marc S. Maser

The Tax Cuts and Jobs of 2017 included a number of promised provisions to cut the corporate tax rate on a permanent basis, provide time limited tax cuts for individuals and incorporate a number of provisions that may change taxpayer behavior on everything from housing choices to charitable giving to education.

Look Before You Leap: Check Out Your Financial Advisor On BrokerCheck

  • Industry Brief
  • Jan 6, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Your life savings are rightfully important to you, and there is no more important decision you will make than the selection of a financial advisor to guide your investment decisions. BrokerCheck is a great tool to learn important information about your advisor.

Recent Corporate Transactions

  • Business
  • Jan 8, 2024

Martin & Company:  McCausland Keen + Buckman represented Pennsylvania-based Martin & Company in the sale of a majority of its ownership to Polaris Growth Fund, a Boston-based private equity firm.  Marc Maser led a team of attorneys at MKB in representing the seller. Martin & Company is a consulting and advisory firm serving the insurance industry nationally in the United States and internationally in London.  Founder and CEO Paul P. Martin will continue to run the business in his current capacity.

Shenandoah:  McCausland Keen + Buckman Shareholder Marc Maser recently represented Pennsylvania-based Shenandoah Biotechnology, Inc. in a stock sale of the corporation to FUJIFILM Irvine Scientific, Inc., which is a division of FUJIFILM, a multinational conglomerate based in Tokyo, Japan. Shenandoah Biotechnology is a leading manufacturer of recombinant proteins, used for life sciences research and development purposes. 

Can the Pennsylvania General Assembly Unilaterally Terminate the COVID-19 Disaster Emergency Declared by Governor Wolf?

  • Business
  • Jun 10, 2020

Can the Pennsylvania General Assembly unilaterally terminate Governor Wolf's COVID-19 disaster emergency declaration through a "concurrent resolution" without the approval of the Governor? Click above to read the analysis.

Families First Coronavirus Response Act (“FFCRA”)

Families First Coronavirus Response Act (“FFCRA”)

  • Business
  • Mar 26, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

FFCRA requires Covered Employers to provide two weeks of paid sick leave and twelve weeks of childcare leave (ten weeks paid) in response to COVID-19. Employers will receive 100% tax credits on a quarterly basis for all paid leave. 

Coronavirus:  Coming Soon to a Workplace Near You

Coronavirus:  Coming Soon to a Workplace Near You

  • Business
  • Mar 12, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

COVID-19 - what employers should know.

Philadelphia City Council Passes “Fair Workweek” Ordinance

Philadelphia City Council Passes “Fair Workweek” Ordinance

  • Business
  • Aug 6, 2019

The Philadelphia City Council has passed a “Fair Workweek” Ordinance that places restrictions to large retail, hospitality and food service establishments. Effective January 1, 2020, such establishments are required to: (1) allow existing employees the right to first refuse additional hours before hiring new employees; (2) post and provide advance notice of work schedules; (3) provide predictability pay for any departures from the posted schedules and; (4) permit a rest period of nine hours between shifts.

Drugs in the Workplace: A Recent Decision in Connecticut May Provide Some Guidance to Pennsylvania Employers

  • Business
  • Dec 3, 2018

Medical Marijuana became legal in Pennsylvania in 2016 through the Medical Marijuana Act. As a result, employers will be faced with situations where they will need to decide how to handle employees and prospective employees who are authorized by state law to utilize marijuana for medical purposes. While it will take time before Pennsylvania courts provide concrete guidance to employers on how to deal with specific situations, a recent decision from Connecticut provides some potential insight.

Non-Disclosure Agreements: When and How Should Companies Use Them?

Non-Disclosure Agreements: When and How Should Companies Use Them?

  • Business
  • Nov 5, 2018
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

You may have seen Non-Disclosure Agreements (NDAs) in the news lately in connection with the #MeToo movement. NDAs that require victims of harassment to remain silent have triggered conversations among employers, lawyers, and even legislators regarding the appropriate use of NDAs. However, NDAs can still be useful for protecting your business and valuable proprietary information. When should companies use an NDA and what should be included?

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

  • Business
  • Oct 29, 2018

The Family and Medical Leave Act has many nuances and the United States District Court for the Eastern District of Pennsylvania examined some of them in a recent opinion. The opinion highlights the fact that employees do not need to say any magic words to request leave under the FMLA.  Rather, when an employee provides sufficient information to suggest that the FMLA may apply, the onus is on the employer to request any additional information necessary to make a determination.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

  • Business
  • Sep 26, 2018

Recently, the United States District Court for the Eastern District of Pennsylvania held that a website that is inaccessible to the disabled can form the basis for a disability discrimination claim under the Americans with Disabilities Act (ADA). Given the recent prevalence of ADA “drive by” lawsuits, and since nearly every business in this day and age maintains a website, this is an issue that warrants immediate attention. Is your website compliant?

South Dakota v Wayfair, Where Are We Now?

South Dakota v Wayfair, Where Are We Now?

  • Business
  • Sep 17, 2018
  • Marc S. Maser
  • By Marc S. Maser

On June 21, 2018, the Supreme Court ruled that a state may require remote sellers to collect sales tax, overturning the bright line physical presence test. Any seller with a substantial virtual or economic presence can now be obligated to collect sales tax without violating the Constitution. This is a major win for states, as it will allow for an $8 to $33 billion increase in aggregate revenue for use for public duties. However, in the months since the South Dakota v Wayfair ruling, business owners have been left with considerable uncertainty about what the new economic presence test means for them.

Qualified Opportunity Funds: A Tax Intelligent Investment Option

Qualified Opportunity Funds: A Tax Intelligent Investment Option

  • Business
  • Jul 31, 2018
  • Andrew Maguire
  • By Andrew Maguire

The Tax Cuts and Jobs Act of 2017 provides powerful tax incentives, which can defer, reduce, and potentially eliminate, capital gains tax for qualifying investments. The Act aims to stimulate development in economically-challenged areas designated as Qualified Opportunity Zones. Qualified Opportunity Funds (investing entities which meet certain criteria established by the IRS and the Department of the Treasury) can enjoy beneficial tax treatment if they invest in tangible property or equity interests in companies located in Qualified Opportunity Zones.

Pennsylvania 1099 Withholding Requirement for Businesses

Pennsylvania 1099 Withholding Requirement for Businesses

  • Business
  • Jul 26, 2018

Late last year, Pennsylvania enacted Act 43 of 2017, a grab bag of tax provisions that, among other things, requires Pennsylvania businesses to withhold personal income tax (PIT) at the rate of 3.07% from certain payments reported on the Federal Form 1099-MISC to non-resident payees. Absent a reprieve from the Commonwealth Court, which is considering a challenge to Act 43 in its entirety, the withholding requirements are now effective. Here’s what you should know. 

Tax Cuts and Jobs Act Resource Center

Tax Cuts and Jobs Act Resource Center

  • Business
  • Mar 14, 2018
  • Marc S. Maser
  • By Marc S. Maser

The Tax Cuts and Jobs of 2017 included a number of promised provisions to cut the corporate tax rate on a permanent basis, provide time limited tax cuts for individuals and incorporate a number of provisions that may change taxpayer behavior on everything from housing choices to charitable giving to education.

Private Energy Supply Transactions: The Smart Thing You’re Not Doing

Private Energy Supply Transactions: The Smart Thing You’re Not Doing

  • Business
  • Jan 16, 2018
  • Andrew Maguire
  • By Andrew Maguire

Today, electricity and natural gas are de-regulated throughout the Northeast, Mid-Atlantic and Midwest, giving property owners in these regions the opportunity to reduce energy costs by buying energy directly from private suppliers.

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

  • Business
  • Dec 21, 2017
  • Marc S. Maser
  • By Marc S. Maser

The recent passage of the Tax Cuts and Jobs Act and the changes it makes to rate structures and other tax provisions create an opportunity in the final days of 2017 to permanently save tax dollars.

Workplace Sexual Harassment: Is Your Company Next?

Workplace Sexual Harassment: Is Your Company Next?

  • Business
  • Dec 1, 2017
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

Each week seems to bring new revelations of sexual misconduct by another high-ranking politician, journalist, actor, movie producer, etc. and the inevitable fall from grace, ruined reputation and shattered career. What impact is this media focus on sexual assault and harassment likely to have on your workplace?

Families First Coronavirus Response Act (“FFCRA”)

Families First Coronavirus Response Act (“FFCRA”)

  • Employment
  • Mar 26, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

FFCRA requires Covered Employers to provide two weeks of paid sick leave and twelve weeks of childcare leave (ten weeks paid) in response to COVID-19. Employers will receive 100% tax credits on a quarterly basis for all paid leave. 

Coronavirus:  Coming Soon to a Workplace Near You

Coronavirus:  Coming Soon to a Workplace Near You

  • Employment
  • Mar 12, 2020
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

COVID-19 - what employers should know.

Drugs in the Workplace: A Recent Decision in Connecticut May Provide Some Guidance to Pennsylvania Employers

  • Employment
  • Dec 3, 2018

Medical Marijuana became legal in Pennsylvania in 2016 through the Medical Marijuana Act. As a result, employers will be faced with situations where they will need to decide how to handle employees and prospective employees who are authorized by state law to utilize marijuana for medical purposes. While it will take time before Pennsylvania courts provide concrete guidance to employers on how to deal with specific situations, a recent decision from Connecticut provides some potential insight.

Non-Disclosure Agreements: When and How Should Companies Use Them?

Non-Disclosure Agreements: When and How Should Companies Use Them?

  • Employment
  • Nov 5, 2018
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

You may have seen Non-Disclosure Agreements (NDAs) in the news lately in connection with the #MeToo movement. NDAs that require victims of harassment to remain silent have triggered conversations among employers, lawyers, and even legislators regarding the appropriate use of NDAs. However, NDAs can still be useful for protecting your business and valuable proprietary information. When should companies use an NDA and what should be included?

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

The Family and Medical Leave Act: No Magic Words Required and Timing is Important

  • Employment
  • Oct 29, 2018

The Family and Medical Leave Act has many nuances and the United States District Court for the Eastern District of Pennsylvania examined some of them in a recent opinion. The opinion highlights the fact that employees do not need to say any magic words to request leave under the FMLA.  Rather, when an employee provides sufficient information to suggest that the FMLA may apply, the onus is on the employer to request any additional information necessary to make a determination.

Workplace Sexual Harassment: Is Your Company Next?

Workplace Sexual Harassment: Is Your Company Next?

  • Employment
  • Dec 1, 2017
  • Dianne G. Moretzsohn
  • By Dianne G. Moretzsohn

Each week seems to bring new revelations of sexual misconduct by another high-ranking politician, journalist, actor, movie producer, etc. and the inevitable fall from grace, ruined reputation and shattered career. What impact is this media focus on sexual assault and harassment likely to have on your workplace?

South Dakota v Wayfair, Where Are We Now?

South Dakota v Wayfair, Where Are We Now?

  • Tax
  • Sep 17, 2018
  • Marc S. Maser
  • By Marc S. Maser

On June 21, 2018, the Supreme Court ruled that a state may require remote sellers to collect sales tax, overturning the bright line physical presence test. Any seller with a substantial virtual or economic presence can now be obligated to collect sales tax without violating the Constitution. This is a major win for states, as it will allow for an $8 to $33 billion increase in aggregate revenue for use for public duties. However, in the months since the South Dakota v Wayfair ruling, business owners have been left with considerable uncertainty about what the new economic presence test means for them.

Qualified Opportunity Funds: A Tax Intelligent Investment Option

Qualified Opportunity Funds: A Tax Intelligent Investment Option

  • Tax
  • Jul 31, 2018
  • Andrew Maguire
  • By Andrew Maguire

The Tax Cuts and Jobs Act of 2017 provides powerful tax incentives, which can defer, reduce, and potentially eliminate, capital gains tax for qualifying investments. The Act aims to stimulate development in economically-challenged areas designated as Qualified Opportunity Zones. Qualified Opportunity Funds (investing entities which meet certain criteria established by the IRS and the Department of the Treasury) can enjoy beneficial tax treatment if they invest in tangible property or equity interests in companies located in Qualified Opportunity Zones.

Pennsylvania 1099 Withholding Requirement for Businesses

Pennsylvania 1099 Withholding Requirement for Businesses

  • Tax
  • Jul 26, 2018

Late last year, Pennsylvania enacted Act 43 of 2017, a grab bag of tax provisions that, among other things, requires Pennsylvania businesses to withhold personal income tax (PIT) at the rate of 3.07% from certain payments reported on the Federal Form 1099-MISC to non-resident payees. Absent a reprieve from the Commonwealth Court, which is considering a challenge to Act 43 in its entirety, the withholding requirements are now effective. Here’s what you should know. 

Tax Cuts and Jobs Act Resource Center

Tax Cuts and Jobs Act Resource Center

  • Tax
  • Mar 14, 2018
  • Marc S. Maser
  • By Marc S. Maser

The Tax Cuts and Jobs of 2017 included a number of promised provisions to cut the corporate tax rate on a permanent basis, provide time limited tax cuts for individuals and incorporate a number of provisions that may change taxpayer behavior on everything from housing choices to charitable giving to education.

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

Year-End Tax Strategies Considering the Tax Cuts and Jobs Act

  • Tax
  • Dec 21, 2017
  • Marc S. Maser
  • By Marc S. Maser

The recent passage of the Tax Cuts and Jobs Act and the changes it makes to rate structures and other tax provisions create an opportunity in the final days of 2017 to permanently save tax dollars.

Court Rules that Schools Cannot Discipline Students for Out-of-School Speech

Court Rules that Schools Cannot Discipline Students for Out-of-School Speech

  • Litigation
  • Jul 2, 2020

Third Circuit rules that public schools generally cannot discipline students for out-of-school speech, including social media posts. Click above to read more.

Can the Pennsylvania General Assembly Unilaterally Terminate the COVID-19 Disaster Emergency Declared by Governor Wolf?

  • Litigation
  • Jun 10, 2020

Can the Pennsylvania General Assembly unilaterally terminate Governor Wolf's COVID-19 disaster emergency declaration through a "concurrent resolution" without the approval of the Governor? Click above to read the analysis.

Pennsylvania Supreme Court Rules, Again, that Governor Wolf’s  Business Closure Order is Legal and Constitutional

Pennsylvania Supreme Court Rules, Again, that Governor Wolf’s Business Closure Order is Legal and Constitutional

  • Litigation
  • Apr 14, 2020

The Pennsylvania Supreme Court rejected a second challenge to Governor Wolf's statutory and constitutional authority to issue his Executive Order compelling the closure of the physical operations of all non-life-sustaining businesses in Pennsylvania to reduce the spread of COVID-19, and upheld the Governor’s power to determine which businesses are life-sustaining and which are not. However, another challenge remains pending in federal court. Click above to read more.

Should Your Case Be in Federal Court or State Court?

Should Your Case Be in Federal Court or State Court?

  • Litigation
  • Sep 19, 2019

When does a dispute belong in state court and when does it belong in federal court? The answer to that question is often a mystery to non-lawyers. We will explore the basics in this article.

Pennsylvania Superior Court Holds that CYS May Not Compel  Parents’ Cooperation with Child Abuse or Neglect Investigation or a Parent’s Urine Test Prior to Filing for Dependency

Pennsylvania Superior Court Holds that CYS May Not Compel Parents’ Cooperation with Child Abuse or Neglect Investigation or a Parent’s Urine Test Prior to Filing for Dependency

  • Litigation
  • Jul 26, 2019

For the first time in a published, precedential opinion, the Pennsylvania Superior Court has held that a county children and youth agency (“CYS”) may not obtain a court order compelling a parent to submit to a urine test, or compel parents to otherwise cooperate with a CYS investigation, prior to filing a dependency petition, because such relief is not permitted by statute prior to dependency. The Court also held that although the court may be permitted to compel a home inspection prior to dependency because it is specifically permitted by statute, doing so without probable cause violates the federal and state constitutional right against unreasonable searches and seizures.

Pennsylvania Supreme Court Rules that Police May not Detain or Frisk a Person Solely Because He or She is Carrying a Firearm

  • Litigation
  • May 31, 2019

The Pennsylvania Supreme Court recently ruled that it is unconstitutional under the Fourth Amendment to detain or frisk a person merely for carrying a firearm in Pennsylvania.

Court Shockingly Holds that Police Are Immune from Liability for Stealing From Citizens

Court Shockingly Holds that Police Are Immune from Liability for Stealing From Citizens

  • Litigation
  • Mar 28, 2019

On March 20, 2019, the United States Court of Appeals for the Ninth Circuit issued a somewhat perplexing and disturbing Fourth Amendment decision.  At issue in Jessop v. City of Fresno was whether police officers could be held liable under 42 U.S.C. 1983 for violating the plaintiffs’ Fourth Amendment rights by stealing, incident to a search warrant, $151,380 of cash and another $125,000 worth of rare coins while indicating on the inventory sheet that they only seized $50,000. Read more about the outcome.

Broken engagement: who keeps the ring?

Broken engagement: who keeps the ring?

  • Litigation
  • Feb 11, 2019

Engagement and marriage are supposed to be two of the happiest times in a couple’s life. Ordinarily, as part of the engagement, an absurdly expensive diamond ring is provided by one fiancé to the other. Usually, marriage follows engagement. But what happens to the ring if the engagement is cancelled?

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

  • Litigation
  • Nov 15, 2018

Many consumers and investors have recently heard about, followed, or even traded in the crypto-currency called Bitcoin. Bitcoin can be exchanged for traditional currencies such as the U.S. dollar, or used to purchase goods or services, usually online. As an investor in Bitcoin, a user of the crypto-currency, or as a practitioner representing investors who have purchased, sold or invested in Bitcoin, it is critical to understand how certain U.S. agencies and bureaus of U.S. agencies treat and attempt to regulate crypto-currencies, including Bitcoin.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

Does Your Website Comply with the Americans With Disabilities Act?  If Not, it Probably Should.

  • Litigation
  • Sep 26, 2018

Recently, the United States District Court for the Eastern District of Pennsylvania held that a website that is inaccessible to the disabled can form the basis for a disability discrimination claim under the Americans with Disabilities Act (ADA). Given the recent prevalence of ADA “drive by” lawsuits, and since nearly every business in this day and age maintains a website, this is an issue that warrants immediate attention. Is your website compliant?

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

  • Litigation
  • Aug 17, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Ponzi Schemes are perpetrated by promoters, who gain the confidence of potential investors by claiming to have special access to a unique product or investment. To often people have fallen victim to fraud by their trusted financial advisors. There are several red flags which indicate you might be involved with a Ponzi scheme.

Is Your Financial Advisor Viable? Do They Have E&O Insurance?  Why SIPC Is Not The Answer.

  • Litigation
  • Jul 11, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

It's important to understand why the SIPC may not provide you all the protection you need in the case of wrongful acts by your financial advisor. Best to check if your advisor has Errors and Omissions Insurance.

3rd Circuit Holds 1st Amendment Right to Record Police

  • Litigation
  • Jul 10, 2017

On July 7, 2017, the United States Court of Appeals for the Third Circuit held that there is a First Amendment right to record police officers in public while they are performing their official duties.

Selection of Only Commercial Properties for Tax Assessment Appeals Ruled Unconstitutional

Selection of Only Commercial Properties for Tax Assessment Appeals Ruled Unconstitutional

  • Litigation
  • Jul 6, 2017

On July 5, 2017, the Pennsylvania Supreme Court ruled that school districts and other taxing authorities in Pennsylvania may not selectively appeal the real estate tax assessments of only a particular class of properties, such as commercial properties, because doing so violates the Uniformity Clause of the Pennsylvania Constitution.

U.S. Supreme Court Guts Fair Debt Collection Practices Act

U.S. Supreme Court Guts Fair Debt Collection Practices Act

  • Litigation
  • Jun 12, 2017

The Supreme Court has undermined what many believe is the intent of the federal Fair Debt Collection Practices Act

Why The DOL’s Fiduciary Rule Is So Important

  • Litigation
  • Jun 9, 2017

Today, the Department of Labor’s fiduciary duty rule will become effective. Essentially, the fiduciary duty rule is focused on reducing conflicts of interest that may arise in financial professionals’ investment recommendations for retirement accounts.

Financial Exploitation of Seniors Addressed in New FINRA Rules

  • Litigation
  • May 30, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

As the baby boom generation reaches retirement and the golden years, FINRA is taking a more active role to protect senior investors from exploitation and the loss of their life savings.

Confession of Judgment – Be Careful When Giving Up Your Right to Due Process

  • Litigation
  • May 26, 2017

Does your proposed or existing commercial lease or other commercial contract contain a confession of judgment clause? If so, you should read this so that you understand your rights and the applicable law.

FINRA Arbitration: What’s It All About?

  • Litigation
  • May 9, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

FINRA's arbitration clause, when signed by a competent customer, is binding and enforceable. There is a great deal more to FINRA's arbitration process than most people realize. The process covers everything from fees, the number of arbitrators to how arbitrators are selected and hearings are conducted.

Beware of Excessive Investment Fees, Commissions and Margin Interest

  • Litigation
  • Apr 12, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

One must take into account trading costs and broker commission rates in order to determine if your investment portfolio is showing an actual gain or a loss.

Has time run out? The law of the “Statute of Limitations” in Pennsylvania

Has time run out? The law of the “Statute of Limitations” in Pennsylvania

  • Litigation
  • Feb 6, 2017

If you are wronged, how long do you have before you must sue or forever lose your right to do so? This is a very important question that non-lawyers don’t often think about.

Look Before You Leap: Check Out Your Financial Advisor On BrokerCheck

  • Litigation
  • Jan 6, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Your life savings are rightfully important to you, and there is no more important decision you will make than the selection of a financial advisor to guide your investment decisions. BrokerCheck is a great tool to learn important information about your advisor.

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

What Is Bitcoin and How Is It Regulated and Treated by the U.S. Government?

  • Securities Litigation
  • Nov 15, 2018

Many consumers and investors have recently heard about, followed, or even traded in the crypto-currency called Bitcoin. Bitcoin can be exchanged for traditional currencies such as the U.S. dollar, or used to purchase goods or services, usually online. As an investor in Bitcoin, a user of the crypto-currency, or as a practitioner representing investors who have purchased, sold or invested in Bitcoin, it is critical to understand how certain U.S. agencies and bureaus of U.S. agencies treat and attempt to regulate crypto-currencies, including Bitcoin.

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

RED FLAGS THAT YOU MAY BE INVESTED IN A PONZI SCHEME

  • Securities Litigation
  • Aug 17, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Ponzi Schemes are perpetrated by promoters, who gain the confidence of potential investors by claiming to have special access to a unique product or investment. To often people have fallen victim to fraud by their trusted financial advisors. There are several red flags which indicate you might be involved with a Ponzi scheme.

Is Your Financial Advisor Viable? Do They Have E&O Insurance?  Why SIPC Is Not The Answer.

  • Securities Litigation
  • Jul 11, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

It's important to understand why the SIPC may not provide you all the protection you need in the case of wrongful acts by your financial advisor. Best to check if your advisor has Errors and Omissions Insurance.

Why The DOL’s Fiduciary Rule Is So Important

  • Securities Litigation
  • Jun 9, 2017

Today, the Department of Labor’s fiduciary duty rule will become effective. Essentially, the fiduciary duty rule is focused on reducing conflicts of interest that may arise in financial professionals’ investment recommendations for retirement accounts.

Financial Exploitation of Seniors Addressed in New FINRA Rules

  • Securities Litigation
  • May 30, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

As the baby boom generation reaches retirement and the golden years, FINRA is taking a more active role to protect senior investors from exploitation and the loss of their life savings.

FINRA Arbitration: What’s It All About?

  • Securities Litigation
  • May 9, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

FINRA's arbitration clause, when signed by a competent customer, is binding and enforceable. There is a great deal more to FINRA's arbitration process than most people realize. The process covers everything from fees, the number of arbitrators to how arbitrators are selected and hearings are conducted.

Beware of Excessive Investment Fees, Commissions and Margin Interest

  • Securities Litigation
  • Apr 12, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

One must take into account trading costs and broker commission rates in order to determine if your investment portfolio is showing an actual gain or a loss.

Look Before You Leap: Check Out Your Financial Advisor On BrokerCheck

  • Securities Litigation
  • Jan 6, 2017
  • Glenn S. Gitomer
  • By Glenn S. Gitomer

Your life savings are rightfully important to you, and there is no more important decision you will make than the selection of a financial advisor to guide your investment decisions. BrokerCheck is a great tool to learn important information about your advisor.

Is Your Lawyer Listening to You?

Is Your Lawyer Listening to You?

  • Trusts + Estates
  • Apr 29, 2019

Many of us can agree that effective listening is an important tool in any lawyer’s toolbox, but its value exceeds the obvious ability to gather facts, learn a client’s motivations, and understand a client’s goals. It’s really a win-win for the lawyer and client because lawyers who listen effectively find their clients are more likely to listen back (and come back for more advice). What makes a good listener? Is your lawyer truly listening to you? Garth Hoyt shares his thoughts.

Clicking “Buy” for that Movie or Music May Not Matter to Your Heirs

Clicking “Buy” for that Movie or Music May Not Matter to Your Heirs

  • Trusts + Estates
  • Mar 13, 2019

Many of us are accumulating a sizable library of digital assets, including movies, books, and music. Every time you choose to buy a movie on streaming instead of renting, purchase a digital book, download a song to your music library, you're growing your digital library. But what happens to these digital assets when you die, and should you include them in your estate planning?

Many are shocked that Aretha Franklin died without a will. I am not.

Many are shocked that Aretha Franklin died without a will. I am not.

  • Trusts + Estates
  • Aug 30, 2018

Ask any trust and estate lawyer, and they’ll tell you it’s tragically common. Many people die without a will in place. More than half of American adults don't have one, including Aretha Franklin. What happens when you die without a will? We discuss.

Creating An Effective Estate Plan

Creating An Effective Estate Plan

  • Trusts + Estates
  • Aug 9, 2018

Estate planning is an important component of long-term family stability. It can provide guidelines for the prudent management of financial matters and the care and education of children and is also an important component of overall wealth planning. What should be included in an effective estate plan? We share the details.

Trusts + Estates Planning in 2018: Time to Review

Trusts + Estates Planning in 2018: Time to Review

  • Trusts + Estates
  • Jun 26, 2018

It is always a good idea to review plans periodically to account for life changes (birth, marriage, death, financial, etc.). This year, the 2017 Tax Cuts and Jobs Act dramatically changed the federal gift, estate, and generation skipping transfer taxes. In light of these significant changes, it is even more important to revisit your estate plan, particularly if not reviewed in recent years.

New Compliance Obligations Imposed on Commercial Landlords by the City of Philadelphia

New Compliance Obligations Imposed on Commercial Landlords by the City of Philadelphia

  • Real Estate
  • Apr 18, 2022

Effective March 18, 2022, a new Philadelphia ordinance requires that, unless an exception applies, at least seven-days prior to the execution of any commercial lease for property located within Philadelphia, commercial landlords must first provide tenants with a copy of the Commercial Leasing Notice issued by the City of Philadelphia Department of Licenses and Inspections. Click above to learn more.

1031 Exchange Note Transactions: an Option for Real Estate Owners to Consider

1031 Exchange Note Transactions: an Option for Real Estate Owners to Consider

  • Real Estate
  • Sep 29, 2020
  • Andrew Maguire
  • By Andrew Maguire

Under the 1031 Exchange rules, sellers of U.S. real estate are able to defer some or all of the capital gains tax on sales proceeds which are re-invested in replacement properties identified and purchased within particular timeframes after the date of the sale. But what if some of the seller’s members prefer to pocket their share of the sales proceeds (and pay the resulting capital gains tax) rather than re-investing those funds in a replacement property? One approach is to implement a like-kind exchange with a note structure. Click above to learn more.

Supreme Court Rules Property Owners May File Action in Federal Court When Property is Taken through Eminent Domain

Supreme Court Rules Property Owners May File Action in Federal Court When Property is Taken through Eminent Domain

  • Real Estate
  • Jul 17, 2019
  • Andrew Maguire
  • By Andrew Maguire

The United States Supreme Court has granted property owners direct access to the federal courts for the resolution of eminent domain proceedings. The Court’s recent Knick v. Township of Scott decision overturns a 34 year old precedent which had required plaintiffs in takings cases to first seek just compensation in state court before bringing a federal action.

Transforming Empty Space into Storage Solutions: The Pros and Cons

Transforming Empty Space into Storage Solutions: The Pros and Cons

  • Real Estate
  • Apr 8, 2019

The landscape of old shopping centers is changing. With the closings of big-box stores like Sears, K-Mart, Best Buy, Big Lots, Macy’s, and Babies R Us/Toys R Us, once vibrant and bustling shopping centers seem to have lost their luster. However, there is potential to re-use and re-purpose these empty stores. Large big-box stores can be difficult to re-use in their existing configurations.  However, some innovative developers are thinking outside of the box to utilize these large buildings by breaking up such spaces into several smaller suites, or by converting them into non-traditional uses such as schools/campuses, medical facilities, apartments, corporate offices, or churches. 

Swim at Whose Risk?

Swim at Whose Risk?

  • Real Estate
  • Feb 20, 2019
  • Ryan E. Abrams
  • By Ryan E. Abrams

To the benefit of the communities that surround them, many privately owned forests and pastoral landscapes across Pennsylvania are open for public use. Private landowners may share their land through something as formal as the dedication of a trail easement to something as informal as simply allowing the public onto land to swim in a pond. Recently, the Pennsylvania legislature acted to bolster the already strong protections against liability claims, ensuring the preservation and public enjoyment of more of the natural beauty of Pennsylvania for generations to come.

Recent Changes to the Law of Adverse Possession in Pennsylvania

Recent Changes to the Law of Adverse Possession in Pennsylvania

  • Real Estate
  • Jan 7, 2019
  • Ryan E. Abrams
  • By Ryan E. Abrams

One of the more well settled areas of Pennsylvania law, the law of adverse possession, was subject to both judicial and legislative action in the Commonwealth this year. Adverse possession is a legal mechanism whereby one’s physical possession of the land of another is converted into actual legal title to the land. Each recent change to the law marks a departure from distinct legal concept within the jurisprudence of adverse possession, and many landowners, including municipalities, may now have cause to reevaluate the status of their ownership of certain lands.

Early-Stage Companies: Better Off SAFE?

Early-Stage Companies: Better Off SAFE?

  • Technology Transfer
  • Jan 9, 2018
  • Christopher F. Wright
  • By Christopher F. Wright

In exchange for accepting seed capital, early-stage companies may want to consider offering initial investors a Simple Agreement for Future Equity (SAFE), which is a straightforward and easily-negotiated convertible instrument that will provide the investor a right to future equity in the company.