Category: Business / Employment

Generally, Pennsylvania Courts will respect a non-compete covenant between an employer and an employee if: (1) it is incidental to a contract for employment, (2) it is supported by adequate consideration and (3) the scope of the covenant must be reasonably limited in time and… Continue reading →

The most common and compelling reason to form a corporation to operate a business is to provide limited liability. If done properly, the debts and the liabilities of the business attach only to the business and the business’s assets. With certain exceptions (such as wage… Continue reading →

For a small business, vendor defaults and failures can be as serious as customer defaults and failures. As in managing customer relations, there are also a number of steps that can be taken to prevent your vendors’ financial problems (or indifference) from becoming your problem.… Continue reading →

How to furnish your business with the necessary equipment can be a difficult decision. From a legal and financial perspective, the basic question is how to acquire the equipment. There are three basic options – buying it, leasing it, or leasing it under a so-called… Continue reading →

In last February’s issue of the Newsletter we touched on the right of a shareholder of a corporation to bring a lawsuit on behalf of the corporation against a third party, when the corporation refused to do so. These so-called derivative lawsuits are most often… Continue reading →

The Pennsylvania Wage Payment and Collection Law (“WPCL”) provides a statutory cause of action for employees against employers and responsible individuals; it allows an employee to sue for unpaid wages and recover additional damages of 25% of the unpaid amount and counsel fees. The WPCL… Continue reading →

If a shareholder of a corporation observes that a third party has caused harm to the corporation and if the corporation will not act to address that harm, then a shareholder may have some rights to act on behalf of the corporation. The vehicle to… Continue reading →

Except for specific regulations that apply to certain businesses such as car dealerships or beer distributors, the Commonwealth of Pennsylvania engages in very little regulation of the franchisor/franchisee relationship. Although it is commonly assumed that the franchisor holds disproportionate power in this relationship and it… Continue reading →

Shipping terms are vital for anyone in the business of producing goods. If you are a buyer or a seller, products need to arrive at a certain point, they need to arrive on time and they need to be intact and in good quality. All… Continue reading →

In the recently decided case of Yenchi v. Ameriprise Financial, Inc. et al, the Pennsylvania Superior Court held that an insurance agent selling an insurance policy could, under the right circumstances, expose himself or herself to liability as a fiduciary of the individuals buying the… Continue reading →