News from 2014

Pitfalls for Directors & Employees

Over the years, there have developed certain pitfalls for directors and employees of corporations, both business and nonprofit, of which those persons should be aware. There are, of course, many questions or issues to address with all operating entities which are supposed to limit the liability of principals and employees. The pitfalls or possible hidden traps considered in this article are considered only in the context of a corporation… Read On

Lackawanna County Common Pleas Court Orders the Hiring of an Outside Expert to Assist the Court in Determining an RTKL Issue Involving Electronic Records

Judge Nealon of the Lackwanna County Court of Common Pleas issued an Order on October 29, 2014 ordering the retention of an outside expert to assist the Court in determining the ability to retrieve emails in order to properly decide the issue raised in this Right-to-Know request. The case, Government Study Commission v. The Scranton Times L.P… Read On

When In Camera Review Occurs, the Commonwealth Court Expects a Sufficient Record by the OOR or Trial Court to Allow Proper Appellate Analysis and Review

In a decision involving the predecisional deliberative exemption under Section 708(b)(10) and the assertion of the attorney-client privilege, the Commonwealth Court reminded the Office of Open Records and trial courts of the need for sufficient analysis and findings of fact to allow proper appellate review. In Heintzelman v. DCED, Judge Simpson reminded the probable fact-finders to set forth a detailed analysis of findings made after in camera review of documents… Read On

Will the RTKL be Amended in the Next Legislative Session

At the beginning of the last legislative session, Senate Majority Leader Domenic Pileggi introduced a bill (SB 444) that proposed numerous revisions to the most recent version of the RTKL enacted in 2009. Although the Senate unanimously passed the amended version of the bill in late September 2014, the House took no action before the end of the session. … Read On

Tax Savings on Health Insurance for Employers and Employees Through a Premium Only Plan

The good news is that health insurance costs are moderating. The Kaiser Family Foundation found in its recent 2014 Employer Health Benefits Survey that family coverage premiums increased just 3% in 2014 over 2013. Single coverage premiums increased just 2%. The costs are still significant, however. The study found that in 2014, average annual premiums for employer-sponsored health insurance are $6,025 for single coverage and $16,834 for family coverage… Read On

The Legal Nightmare Before Christmas: The Constitutionality of Holiday Displays

Twas the month of November, when all through the town The grinches were stirring, getting ready to frown The decorations were placed outside the town hall with care There was a crèche, menorah, Santa Claus, candy canes, lights and even a bear   The mayor was nestled all snug in her bed While visions of town unity and good cheer danced in her head Meanwhile town council had settled down by its fire Not expecting lawsuits or unbridled ire  … Read On

Marcellus Shale Update – Sabella v. Appalachian Dev. Corp.

The Superior Court, on October 20, 2014, issued a decision in the case of Sabella v. Appalachian Development Corp. 2014 Pa Super 237, wherein it held that an unwitting trespasser may be considered acting in “bad faith” where a diligent deed search would have revealed the fact that the property belonged to another. As the following case highlights… Read On

The Supreme Court Announces that a Requester Must Address a Records Request to the Agency Open Records Officer to Trigger the Requirements of the Right-to-Know Law

On November 10, the Supreme Court announced its decision in the case of Gaming Control Board v. Office of Open Records. The decision increases the burden on requesters to make certain that a request for records be addressed to the Open Records Officer of the agency involved and received by him/her in order to trigger the protections of and the deadlines required under the RTKL… Read On

Charitable Gifts of Closely Held Stock Have Their Tax Advantages

Most people know that stocks listed on a major stock exchange may be donated to a charity as a tax deductible charitable gift. By donating such stock which has appreciated to a charitable organization, a donor can avoid federal capital gains tax and state income tax that would otherwise be imposed on the proceeds from the sale of the stock… Read On

Courts Have Duty to Investigate Agency Responses to Requests for Public Records

A trial court reviewing a final determination of the Office of Open Records (OOR) has a duty to investigate allegations that the agency did not respond to a Right-to-Know Law (RTKL) request in good faith.  Chambersburg Area School District v. Dorsey, No. 1358 C.D. 2013, (Pa. Cmwlth. Aug. 20, 2014).  Where an agency suddenly discovers and discloses responsive records two years after the initial public records request… Read On


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