Yearly Archives: 2006
Historical Footnote: Marbury at 200
A symposium sponsored recently by the American Philosophical Society marked the two hundredth anniversary of the landmark decision Marbury v. Madison in 1803. The moderator was Supreme Court Justice David Souter, and five of the most distinguished constitutional lawyers and judges across the country presented… Continue reading
Estate Planning Includes More Than Just A Will
When most individuals think of estate planning they think of a will or a trust. However, a document that is as important as a will in completing your estate plan is a Power of Attorney. A Power of Attorney is a written document in which… Continue reading
Business Divorce
Unfortunately, like marriages, businesses sometimes end in divorce. The reasons for the demise of a business can range from petty disputes involving ego to deep seated financial problems. Deadlocks or irreconcilable conflicts as to the direction and operation of a company can cause substantial emotional… Continue reading
Negotiating An Agreement for the Sale of Real Estate
When purchasing an existing home in Pennsylvania, most buyers and sellers, at one point or another, have entered into standard agreements for the sale of real estate on forms approved by the Pennsylvania Association of REALTORS®. These forms are useful tools because nearly every provision… Continue reading
Bankruptcy: What is Your Preference?
Except for bankruptcy lawyers, most people, especially business people, cringe at the thought of bankruptcy. The concept of filing for bankruptcy protection is, to some extent, contrary to certain core business values such as paying your bills on time and being held accountable for your… Continue reading
Points to Ponder
As most drivers are aware, Pennsylvania maintains a point system which assigns penalty points to your driving record in the event you are convicted of certain traffic offenses. Generally, the more serious the offense involved, the more points that are assigned. Accumulate enough points, and… Continue reading
Wills: Selecting an Executor
If you have not yet prepared a will and are considering doing so, you will need to determine who to appoint as executor. An executor (or executrix) is the person responsible for carrying out the instructions of your will. If you already have a will… Continue reading
Terminating Democracy?
Ah, California! If it didn’t exist, we’d have to invent it. Almost certainly, if the polls are to be believed, in the recall campaign the present Governor, Gray Davis, is yesterday’s headline, a goner! He is barely at a 25% approval rating and, at least… Continue reading
Employer Responsibility for Co-Worker Harassment
Is an employer liable for an employee’s claim of sexual harassment where the harassment is committed by a co-worker? Maybe yes, or maybe no. The answer to this question depends upon the particular facts and circumstances. As a general matter, it can be said that… Continue reading
HIPAA: The Health Privacy Rules
In 1996, the Federal Government enacted the Health Insurance Portability and Accountability Act (“HIPAA”) which took effect in April of this year. HIPAA was promulgated in response to the privacy concerns that were arising due to the increase in electronically transferred medical information and the… Continue reading