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From a Litigator's Desk: Please Don’t Buy That House in Joint Names If You...

Unmarried people in relationships cohabitate all the time.  The stigma our parents warned us would follow really no longer applies.  That being said, societal acceptance of cohabitation does not mean...

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Parenting Coordination Program: Pennsylvania Reinstates This Effective Tool...

As family law attorneys and parties to custody orders can attest, shared custody and co-parenting arrangements are often fraught with ongoing tensions, stress and conflict.  Using the court system to...

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From a Litigator's Desk: Keep Your Business Laundry In-house

Business partnerships are like marriages; sometimes they work great from the start and before you know it you are celebrating a 25 year anniversary with a big party with all of your clients and...

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Navigating Noncompetes Part III: Employees, the Restricted Parties

In the last segment of this series, we focused on concerns for employers in drafting and enforcing restrictive covenants.  The choices for employees are fewer, and none of them are good.   Employees...

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THE SIDE GIG AND THE FLSA: THE SIXTH CIRCUIT KEEPS UP WITH MODERN ECONOMIC...

A recent case from the United States Court of Appeals for the Sixth Circuit demonstrates the ongoing struggle to apply the Fair Labor Standards Act (“FLSA”) to the “side gigs” that have come to signify...

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From a Litigator's Desk: Dealing with Personal Guaranties in Business Control...

One of the trickiest issues we deal with in business control disputes relates to the impact and management of personal guaranties on the part of the individual shareholders/members.  A personal...

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A Post Divorce Checklist: Finish Things the Right Way and Sail Into the Future

The divorce is final. No more deadlines to meet, papers to file or waiting time for all of it to be over. Now that the hard part is behind you, it is time for a fresh start. However, there might be a...

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Employer's Potential Liability for Third Party Harassment

  The increased attention to sexual harassment in the work place is reflected in the increasing number of sexual harassment suits filed by the United States Equal Employment Opportunity Commission-a...

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Reasonable Accommodations: A Jury Verdict Provides Practical Lessons

  Preprinted with permission from the April 19th edition of The Legal Intelligencer. (c) 2019 ALM Media Properties. Further duplication without permission is prohibited. On April 12, 2019, in the...

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School Choice and Custody

  Divorced or separated parents often have difficulty agreeing on issues related to their children.  School choice is an important issue in custody cases that is often in dispute.  Disagreement as to...

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Pennsylvania’s New Arbitration Act: What Non-Litigators Should Know

  On July 1, 2019 arbitration agreements in Pennsylvania will be governed by the Revised Uniform Arbitration Act (RUAA). RUAA revises the Uniform Arbitration Act which has been in force in Pennsylvania...

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Supreme Court Finds Title VII’S Requirement to File a Charge of...

  Reprinted with permission from the June 21st edition of The Legal Intelligencer. (c) 2019 ALM Media Properties. Further duplication without permission is prohibited. In Fort Bend County v. Davis, 587...

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From a Litigators Desk: Managing a Non-Performing “Partner”

  Thousands of businesses across the United States fall within the definition of what is commonly referred to as “small business”.   Many of these small business are formed by two “friends” with...

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Enforcement of Foreign Judgments in Pennsylvania

As commercial litigators, we frequently field calls from counsel in other states seeking to enforce judgments entered in a state other than Pennsylvania against assets of the judgment debtor which may...

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No Hire Clause Called into Question

Many companies use restrictive covenant agreements with key employees to guard against economic harm to the company by an employee who takes a job with the company’s competitor and/or tries to persuade...

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Important Reminder for Home Improvement Contractors in Pennsylvania

In 2008, Pennsylvania enacted the Home Improvement Consumer Protection Act (HICPA) designed to protect home owners from unscrupulous contractors.  However, it is also a trap for the unwary home...

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What is a Contract: Part 3: Conditions - When Is a Promise No Longer a Promise?

This post continues my series explaining the main elements of a contract, which are outlined on the attached infographic. My goal is to demystify some of these basic provisions to help business owners...

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Attention Employers: New Department of Labor Ruling on Overtime Pay

On September 24, 2019, the United States Department of Labor announced a new final rule regarding eligibility for overtime pay.   The rule requires employers to revisit their classifications of...

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What is a Contract: Part 4: Representations, Warranties, Covenants - The...

This is the fourth installment of my continuing blog series explaining the main elements of a contract, which are outlined on the attached infographic . My goal is to demystify some of these basic...

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From a Litigator’s Desk: Minority Business Ownership – Know Your Limits

Many an article or blog post concerns minority shareholder rights, shareholder oppression or shareholder “freeze out”.  As business and litigation lawyers, we are always mindful of the rights between...

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