Monthly Archives: October 2006
Clown Hats II
Several weeks ago we touched the subject of the presidential election, before much was clear. Now that Iowa, New Hampshire, South Carolina, Michigan, and Arizona have spoken, things are really muddled (delightfully so!). John McCain has proved to be a tenacious scrapper, much to the… Continue reading
The Prudent Investor Rule
In December 25, 1999, Pennsylvania’s “Prudent Investor Rule” became effective. It makes several important changes from the prior investment standard commonly referred to as the “prudent man” standard. Under the rule fiduciaries must invest and manage a trust as a prudent investor would considering the… Continue reading
Pay Zero Estate Taxes – You Must Be Kidding!
Within the last year a concept has developed whereby families whose net worth exceeds $1,400,000 in this calendar year (the approximate amount of assets that can be transferred free of federal estate tax by using two exemption equivalent credits of $675,000 each, plus adjustment for… Continue reading
Privacy and Security Online
In recent years there has been a marked increase in consumers’ venturing into electronic commerce, which, naturally, raises the issue whether personal information provided over the Internet is secure. Despite advances in self-regulation, many consumers still question the effectiveness of industry efforts to keep their… Continue reading
Is Limited Tort Worth It?
From time to time over the last several years we have addressed the issue of whether drivers are better served electing “limited tort” or “full tort” insurance coverage. Since we handle many car accident cases, we see this issue often. The basic theory of limited… Continue reading
Latin Lovers
Suppose you are driving through the mountains of Colorado and get into a fender-bender with a driver from Massachusetts. Which state’s law governs the rights of the parties? Is it the law of Pennsylvania? Colorado? Massachusetts? Enter the doctrine of lex loci, otherwise known as… Continue reading
The Electronic “John Hancock”
On June 30, 2000, President Clinton signed the “Electronic Signatures in Global and National Commerce Act” (the “E-Signature Act”). To effect this historic piece of legislation, the President used both a traditional pen and an electronic “smart card,” a card which contains an integrated microprocessor… Continue reading
Disability Related Inquiries and Medical Examinations Under the Americans with Disabilities Act
On July 27, 2000, the Equal Employment Opportunity Commission released guidance on disability-related inquiries and medical examinations relating to existing employees. According to the EEOC, a “disability-related inquiry” is a question or series of questions which are likely, directly or indirectly, to elicit information about… Continue reading
Supreme Court: Real or Veneer?
Apart from the daily wrangling back and forth, the battle between Al Gore and George Bush gave us a rare close-up of the United States Supreme Court in action. The Court, clothed with an aura of moral authority, conducts its business behind the scenes and… Continue reading
The Family and Medical Leave Act
Signed into law in 1993, the Family and Medical Leave Act (FMLA) was viewed by many as a beacon of economic security and family integrity. Almost 62% of Pennsylvania’s workforce was directly affected by the FMLA. The FMLA permits certain employees to take up to… Continue reading