Articles | Nauman Smith

Something to Consider: Trademarks

In Nauman Smith’s newest video series, attorneys across all practice areas will be discussing legal issues and topics they believe their clients and community should consider. Whether you are a business owner or wanting to better understand these issues as an individual citizen, we hope you find them to be informative and thought-provoking. Our next video in this series covers one of the tools business owners should understand to protect their intellectual property: trademarks… Read On

Legal Issues for Nonprofits When Planning Events

One of the most effective tools a nonprofit can use in spreading its message and encouraging donations is to have an event. Raffles, gatherings, athletic events such as a 5k, a bake sale– the list is extensive. Coming up with a good idea to raise money through an event is only part of the process. You need to clear some legal hurdles as well… Read On

You’ve been sued—now what?

It’s estimated that over 40 million lawsuits are filed each year in the United States. The average adult in the United States has roughly a 10% chance of being sued and that number increases if you are a business owner. In 2010, one source indicated that over 500,000 cases were filed in Pennsylvania alone. These statistics prove that we live in a litigious society. … Read On

Clearing the Misconceptions about Probate in Pennsylvania

It’s never easy when a loved one passes away. Not only does one have to deal with the emotional fallout from someone’s passing, but often, too, one must deal with the deceased’s legal matters. There are many myths and misconceptions about probate in Pennsylvania. Let’s start with what I mean by “probate.” According to the most recent edition of Black’s Law Dictionary… Read On

Social Media Posts by Public Officials on Personal Accounts May be Public Records in Pennsylvania

Public officials frequently discuss issues of public concern on their personal social media accounts. The Pennsylvania Commonwealth Court recently addressed whether such social media posts are public records under the Pennsylvania Right-to-Know Law. Penncrest School District v. Cagle, ___ A.3d ____, No. 1463 C.D. 2021 (Pa. Commw. April 24, 2023). The court established a three-factor test to determine if social media posts by public officials on their personal accounts are public records… Read On

5 Common Legal Issues for Startups and Small Businesses

Choosing a business structure One of the first and most important questions every founder must consider is what business structure to choose. The type of entity chosen can impact taxation, financing, and have other legal consequences down the road for your new business. Generally, entrepreneurs can select from LLCs, S-Corporations, C-Corporations, and general or limited partnerships… Read On

Something to Consider: Employee Classification

In Nauman Smith’s newest video series, attorneys across all practice areas will be discussing legal issues and topics they believe their clients and community should consider. Whether you are a business owner or wanting to better understand these issues as an individual citizen, we hope you find them to be informative and thought-provoking. Our next video in this series tackles a topic that business owners will need to revisit regularly as laws change… Read On

Something to Consider: Defamation

In Nauman Smith’s newest video series, attorneys across all practice areas will be discussing legal issues and topics they believe their clients and community should consider. Whether you are a business owner or wanting to better understand these issues as an individual citizen, we hope you find them to be informative and thought-provoking. The first video in this series is a discussion on the topic of defamation… Read On

What Every Business Owner Needs to Know About the Pennsylvania Right-to-Know Law

In 2008, the Pennsylvania legislature made sweeping changes to the Commonwealth’s “Right-to-Know Law” (Open Records Law). Although Pennsylvania had one of the first Open Records Laws in the country, the changes which became effective January 1, 2009, completely changed the landscape and made millions of records public that otherwise would not have been. One of those major changes was the records of private individuals and private business entities who contracted with or had other relationships with government agencies are potentially public under the new law… Read On

Top Ten Significant Right-to-Know Cases of 2022

As we look back at the 14th year of Pennsylvania’s ‘new’ Right-to-Know Law (RTKL) (effective Jan. 1, 2009), we see again, for the third year in a row, a decrease in the number of appellate decisions addressing the law. Another trend is the large number of decisions that are unpublished (4 of the 10 below), thus not binding precedent. … Read On

The Growth of Electric Vehicle Use “Sparks” Concerns for Local Municipalities

Nationwide the market for electric vehicles (“EV”) has expanded dramatically. Nearly 1 million electric vehicles were produced in 2022 alone. With the expansion of this market comes the accompanying need for a robust EV charging infrastructure supporting the EV use. Local municipal officials will be called upon to adopt appropriate regulations for the location of EV charging stations and the conditions and costs of their use. … Read On

How to Request Public Records in Pennsylvania

The Pennsylvania Right-to-Know Law (RTKL) provides access to public records in Pennsylvania. Individuals may submit a request for public records to any government agency, and the agency must respond within five business days. If the agency denies the request, in most cases, an individual may appeal and obtain an independent adjudication from the Pennsylvania Office of Open Records (OOR). … Read On