Monthly Archives: March 2019

The Spousal Elective Share

For a variety of reasons, some unintentional and others very intentional, a surviving spouse can find himself or herself excluded from his or her spouse’s will. In such circumstances, Pennsylvania law provides for a “spousal elective share,” which allows the surviving spouse to “take against… Continue reading

Can the President be Indicted?

If you believe the blather on the various news channels, the President of the United States cannot be indicted for a crime while in office.  Is this true?  Hmmm. . .  is the President above the law? Actually, it seems to be the “policy” of… Continue reading

Postnuptial Agreements

Beyond the emotional, painful experience of the divorce itself, comes the difficult task of dividing marital property between husband and wife. Although it may be a delicate problem for spouses to discuss, it is often useful to have your lawyer draft a Postnuptial Agreement which… Continue reading

Addendum or Amendment?

Sooner or later, written contracts may get modified, updated or revised due to changes in the business terms or changes in the circumstances.  Rather than re-write the whole contract we sometimes draft an additional document that becomes part of the contract.  Sometimes we call it… Continue reading

Sales Tax Changes for Breweries

Beginning July 1, 2019, Pennsylvania brewers who serve beer for direct on-premises consumption must charge and remit Pennsylvania’s 6% sales tax on such “tap-room” purchases. This measure, which was originally slated to take effect on January 1, 2019, has been, predictably, very unpopular with Pennsylvania… Continue reading

Contract Assignments

If a party enters into a contract, can the other party to the contract assign the contract to a third party to perform?  In the absence of an express prohibition in the contract the answer is usually yes.  For example, suppose you agree to sell… Continue reading

Eighth Auction of Expired Restaurant Licenses Now Open

The bidding process for the eighth auction for expired restaurant licenses is now open.  The Commonwealth is offering 25 expired restaurant licenses in a sealed bid auction.  There will be one license offered in each of the following counties: Berks, Blair, Bucks, Clearfield, Dauphin, Delaware,… Continue reading

What is a Nuisance Bar?

In 1990, the Pennsylvania Liquor Control Board (“LCB”) established the “Nuisance Bar Program” as a method of dealing with licensed establishments which were chronic offenders of the Liquor Code. In 1998, the program was expanded to allow the LCB to consider activity not only in… Continue reading