Yearly Archives: 2012
Corporate Officers Making Personal Promises
It is a well settled rule of law that a corporation generally shields the actions of officers, directors and employees from personal liability when they engage in company business. In fact, the main purpose of corporate formation is to shield an individual or individuals from liability… Continue reading
Beneficiary Designations and Divorce
One potential consideration of divorcing spouses is changing beneficiary designations on insurance policies, IRAs, 401(k)s, etc. Usually, this is simply a clerical change that can be done by revising a beneficiary designation form. Notwithstanding the ease of completing such forms, historically many divorced individuals failed… Continue reading
Mayhem
By this time most of us are probably familiar with the quasi-comical “Mayhem” character used in the television commercials of a certain national insurance company. However, the original meaning of the word was far less humorous and had nothing to do with damaging, one’s car,… Continue reading
Name Games
Juliet: “What’s in a name? That which we call a rose / by any other name would smell as sweet.” (Romeo and Juliet, Act 2 Scene 2). As I grew up, I came to realize that I bore the same name as the Honorable William… Continue reading
Labor Law Update
Beginning January 31, 2012, most private sector employers in the U.S. are required to post an “Employee Rights Under the National Labor Relations Act” poster. This poster, which is required under a National Labor Relations Board Rule finalized last summer, provides a list of rights… Continue reading
The Queen’s English – En Garde!
In the world of grammar there are descriptivists (language liberals) and prescriptivists (strict adherence to the rules). In the “Dictionary of Unendurable English”, Robert Hartwell Fiske leaves no doubt about his feelings; he believes that rules promote accuracy, clarity, and elegance and that we should… Continue reading
The Importance of Diversification in Business
Diversification is a fundamental principle of prudent investing. The old adage “don’t put all your eggs in one basket” prevented investors with a balanced portfolio from being destroyed during the 2008 economic downturn. Those who had all their eggs in real estate, housing and certain… Continue reading
Real Estate “Seller Beware”
For many years, the theory of “caveat emptor” or “let the buyer beware” prevailed in residential real estate transactions. The landscape changed in 2000 with the passage of RESDL, the Real Estate Seller Disclosure Law. Under RESDL, there are 16 specific categories of information that… Continue reading
PennDOT Attempts to Suspend Mom for Son’s Misdeed
A recent Commonwealth Court decision in Pennsylvania (Franklin v. PennDOT) arose from PennDOT’s suspension of a woman’s driver’s license for her failure to satisfy a judgment originally entered against her son as the result of an automobile accident involving him. If a child under the age… Continue reading
Municipal Officials’ Emails – Are They Protected from Disclosure Under the Right-To-Know Law?
Are a public official’s emails sent from his or her personal computer subject to disclosure under the Right-to-Know Law? Following a 2011 decision of the Pennsylvania Commonwealth Court (In re Silberstein), it appeared that the answer was “no.” However, according to a more recent… Continue reading