News from 2019

Are Volunteer Fire Companies Agencies Under the RTKL?

The Commonwealth Court of Pennsylvania issued two decisions regarding the status of local volunteer fire companies under the Pennsylvania Right-to-Know Law (RTKL).[1] Previously, there was little guidance for volunteer fire companies as to whether the RTKL applied to them since they are not typically thought of as “agencies” under the RTKL’s definitions. These new decisions indicate… Read On

Cybersecurity: What to Think About Before Accepting a Corporate Directorship

If asked to assume a directorship position, there are certain things a person should check before agreeing to assume the responsibilities. This article focuses on cybersecurity concerns and what to look for in determining whether the position would be a good fit. For a more thorough discussion of other pertinent concerns, see What to Consider Before Accepting a Corporate Directorship Read On

Municipal Approval of an Economic Development Liquor License

The Pennsylvania Liquor Control Board (LCB) ordinarily issues liquor licenses on a county-by-county basis grounded on a ratio of one license for every 3,000 inhabitants. After this cap is reached, new businesses may only typically purchase existing licenses. The LCB, however, may issue an economic development liquor license outside the quota if certain requirements are met… Read On

Interested Director Conflicts

How conflicts of interest in transactions and contracts between a corporation and its interested directors are handled has changed over the years. This is due, in part, to a shift in legislative thinking regarding how directors can and should interact with the companies they serve and whether such conflicts were inherently harmful. In 1966, 1972, and again in 1988… Read On

The Commonwealth Court Clarifies When the “Personal Security Exception” Applies to RTKL Requests in a Case Seeking Abortion Providers’ Names and License Numbers

A Pro-Life Action League member requested the names and professional license numbers of health care practitioners and leadership individuals from non-hospital facility licensing applications to the Pennsylvania Department of Health (“DOH”). The DOH partially denied the request, citing the personal security exception of the Right-to-Know Law (“RTKL”), Section 708(b)(1)(ii). The resultant appeal to the Office of Open Records (“OOR”) led to the participation of the interested third parties… Read On

Cyberinsurance: What is it and Why Your Business May Want to Invest in it

With the increased number, variety, and intensity of cyberattacks around the world, businesses large and small are seeking protection with insurance to help mitigate the risks of doing business in the world of technology. The discussion surrounding cyberinsurance often comes to the fore when large-scale security breaches happen like with Target in 2013, Sony in 2014… Read On

Nauman Smith Named Best Law Firm

Nauman, Smith, Shissler & Hall, LLP has received Tier 1 rankings in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms.” Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law prac­tice and breadth of legal expertise… Read On

Does the PA Unfair Trade Practices Act Apply to Residential Oil and Gas Leases?

On March 15, 2019, the Commonwealth Court issued a decision detailing how and when the Attorney General of Pennsylvania can bring an action against oil and gas drillers regarding residential lease arrangements under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL).[1] Pennsylvania has no general state antitrust statute, however, sometimes the UTPCPL is used for antitrust violations… Read On

The United States Supreme Court is Poised for an Interesting Session

The Supreme Court began its 2019-2020 Session on October 7. There has been much talk about this upcoming session with the addition of Justice Kavanaugh. Recent health scares involving Justice Ginsburg and a docket with several highly charged legal and political issues to be reviewed by the Court have drawn particular attention. Pundits on both sides of the issues believe that a five Justice “conservative majority” now sits on the Court with the retirement of Justice Kennedy and the addition of Justice Kavanaugh… Read On

Spencer G. Nauman, Jr. Featured in the Dauphin County Bar Association’s Oral History Project

Spencer G. Nauman, Jr. was recently featured in the Dauphin County Bar Association’s Oral History Project. A practicing attorney for almost 60 years, Spencer has spent his entire career at Nauman Smith, where his father, Spencer G. Nauman, Sr. also worked.  Spencer is also related to one of the firm’s three founding partners, Lyman D. Gilbert… Read On


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