News from 2014

Superior Court Applies a High-Tech Test to a Low-Tech Issue

State and federal courts alike have long upheld the notion that the right to speak anonymously or pseudonymously is protected by the First Amendment. The rationale is that political speech cannot truly be “free” where a speaker fears retaliation for expressing one’s ideas.  The principle, however, acts as natural roadblock to discovering the identity of a speaker charged with defamation… Read On

Marcellus Shale Update

In the wake of Robinson Township, the landmark Pennsylvania Supreme Court case that struck down certain provisions of Act 13, some questions still remain unanswered. Robinson Township held that section 3304 of Act 13 violated several provisions of Pennsylvania’s Constitution because it mandated that local governments amend their zoning ordinances to allow oil and gas operations in every zoning district as a matter of right… Read On

Leasing vs. Owning Commercial Space

The uncertain future of commercial property values in south central Pennsylvania makes the decision to buy or lease commercial real estate a difficult one. Some business owners want to buy, but are left with questions about when and how to buy commercial property in order to make the most of the real estate market. Meanwhile, others contemplate whether to purchase at all… Read On

Right-to-Know Update – What Businesses Working with the Government Should Know

Businesses that supply goods or services to government agencies at any level must be aware that some portion of the documents exchanged with the agency and the information contained there will be a public record.  Six years into Pennsylvania’s “new” Right-to-Know Law, many businesses are finding that information involving contracts, responses to RFPs and payments made to and received by government agencies are accessible by citizens… Read On

Protecting Your Business Intellectual Property

In our global, internet savvy world, it is imperative to establish, protect and enforce intellectual property rights. Healthy entrepreneurship and business growth depend on such protections. According to the World Intellectual Property Organization, intellectual property (IP) refers to “creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce.” It’s hard to think of a business where intellectual property does not play an important role… Read On

What’s the Best Entity Form for Your Start-Up?

Choosing the best business form is one of the most important preliminary decisions for a new business owner. There are several choices: C Corporation (C-Corp), S Corporation (S-Corp), Limited Liability Company (LLC), Limited Liability Partnership (LLP) or a Partnership. There are advantages and disadvantages to operating under each of these forms. In choosing the proper form… Read On

Donor Advised Funds

How can a donor advised Fund assist a business with orderly charitable giving? No matter how big or small, many of today’s businesses look to invest in the community by donating to charitable organizations.  Unfortunately, restrictions and legal issues have made donating increasingly difficult.  Recently, some businesses have discovered that giving through donor advised funds is an easy and more beneficial way to make charitable donations… Read On

The OOR is Still Required to Consider a Requester’s Appeal on the Merits Prior to Appellate Review

The Commonwealth Court held in Kokinda v. County of Lehigh, No. 1146 C.D. 2014 (Pa. Cmwlth. Jan. 8, 2014) that the Pennsylvania appellate courts’ broad scope of review in RTKL cases does not eliminate the OOR’s obligation to carry out fact finding and consider a requester’s appeal on the merits.  The holding reaffirms the OOR’s importance within the RTKL hierarchy… Read On

Agency-Issued Phone Numbers and Email Addresses of DPW Caseworkers are Exempt from Public Disclosure Under the Right-to-Know Law

The Commonwealth Court has reaffirmed that individually assigned phone numbers and email addresses issued by government agencies to government employees are not public records.  Dep’t of Public Welfare v. Clofine, 706 C.D. 2013 (Pa.Cmwlth. 11/27/13)(unpublished memorandum opinion).  In Clofine, the requester submitted a request to DPW for the names and direct phone numbers of the income maintenance caseworkers in the Adams County Assistance Office and for the direct phone number and email address for one identified caseworker. … Read On

Managing Partner Craig J. Staudenmaier Has Been Selected a Pennsylvania Super Lawyer

For the fifth consecutive year, Managing Partner Craig J. Staudenmaier has been selected a Pennsylvania Super Lawyer®.  Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations… Read On


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