Posts written by buteralaw
Good Neighbors
Restaurateurs and tavern owners have a duty to be respectful of their neighbors. The Pennsylvania Liquor Code regulates activity occurring under the licensee’s control on or about any licensed establishment, especially if that activity is at all related to the licensed facility. The Pennsylvania State… Continue reading
Is a Landlord Liable to a Tenant for Criminal Acts of a Third Party?
Being a landlord carries with it certain risks, many of which are obvious. One concern, which is fortunately not a commonly reported one, is whether a landlord is liable for criminal acts perpetrated on a tenant on the leased premises. The answer is a definite… Continue reading
Real Estate Assessment Appeals for 2015
It’s that time of year again. The real estate assessment appeals deadline for the upcoming year is fast approaching. The due date for Montgomery, Chester, Bucks and Delaware Counties is August 1, 2014. For Berks County there is a little more of a reprieve –… Continue reading
Recent Speaking Engagements
We are happy to report that on May 26, 2014, Rod Fluck of our office was a featured lecturer in a Pennsylvania Bar Institute statewide seminar on Shareholder Disputes. Rod presented a lecture on issues involving business planning, shareholder agreements and business and tax aspects… Continue reading
Latin Lovers – So What’s Wrong With Ex Parte?
The Latin phrase ex parte means “on one side only” or “on behalf of one party only.” The term ex parte normally comes up in connection with communications between the court and the parties to a case; ex parte communications are generally disfavored since they… Continue reading
When is an Agreement an Agreement?
Contract law is the foundation for American business. Our contract law has evolved from the English common law system and establishes basic standards for formation of a contract – generally an offer met by acceptance. Contracts may be oral or in writing subject to conditions… Continue reading
The Queen’s English – The Ever-Vexatious Who, Which, and That
You should use who only to refer to people, while the pronouns that and which should refer only to non-human things and never to people. “Mary is the one who attends often.” “The dog that won the show was a terrier.” “The car that won,… Continue reading
Tenant Estoppel Certificates
What is a Tenant Estoppel Certificate? To answer that question we must first explore the legal and equitable notion of “estoppel”. Simply put, estoppel is a time-honored principle of the law that a person cannot take a position which is inconsistent with a prior action… Continue reading
Do Restaurants Need to Pay for Copyrighted Music?
Virtually every restaurant or tavern plays some sort of music for its customers. United States copyright law protects original works of authorship and entitles creators to various rights. Holders of copyrighted sound recordings have exclusive rights to the reproduction, adaptation, distribution, and public performances of… Continue reading
Long Term Care Insurance – A Basic Guide for the Perplexed
Brace yourself for these statistics. According to an April 14, 2014 Wall Street Journal article, 58% of men 65 years of age or older will need long term care. On average they will require 2.2 years of care. Even more starkly, 79% of women age… Continue reading