Category: Business / Employment

Derivative Actions – II

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

PA Wage Payment and Collection Law

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

Shareholder Derivative Suit

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

Franchisor/Franchisee Relations in Pennsylvania – – Redressing the Balance of Power

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 Goods – Risk of Loss, Cost of Shipping, etc.

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

Insurance Salesmen: Dispense Financial Advice at Your Own Risk

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

Business “Divorce”

Unfortunately, like many marriages, businesses frequently end in “divorce.”  The reasons for the demise of a business can range from petty disputes involving ego to deep seated financial problems.  Deadlocks as to the direction and operation of a company can cause substantial emotional distress as… Continue reading

Think Like a Credit Manager to Avoid Bad Debts

In business, sooner or later customers or clients will owe you money and will be unable to pay.  You can blame your customer, but in some sense, you may be partially at fault.   Here are a few tips to avoid (or at least minimize)… Continue reading

Employment Law Update: Employees Having Direct Contact with Children

Prior to December 31, 2014, prospective employees of child-care service providers, day cares and the like were required to complete a three-part criminal background investigation and thereafter, based on those reports, be cleared by the employer before beginning employment. Beginning December 31, 2014 however, the… Continue reading

Know Your Customer

We handle a fair number of commercial collection cases for our business clients, and for many of them we offer suggestions to minimize the risk of nonpayment for goods and services.  Some of these suggestions include: requiring personal guarantees from the principals of the business;… Continue reading