News from 2018

EEOC Investigations: Employers, Take these Seriously, but Don’t Panic

Unless a business owner or manager has been subject to an EEOC investigation previously, the first emotions upon learning that the business is the defendant against an employee complaint are usually anger, fear, and confusion. The bad news is that the business is involved in a serious investigation by a Federal agency. The good news is that… Read On

The Unexpected Tax – The Tax on Income in Respect to a Decedent and What to do About It

If a person with an IRA or other retirement account is planning to leave the balance in the account upon death to an individual or his or her estate, there could be a tax due of some consequence. Often unexpectedly, the estate or the person receiving the balance is subject to a federal income tax. The tax is due because the balance is income in respect to a decedent (“IRD”)… Read On

Court Signals Potential Expansion of News Media Liability for Embedded Content on Websites

In February of 2018, Federal District Judge Katherine Forrest issued an initial opinion in Goldman v. Breitbart. The case deals with a photograph of Tom Brady walking with Kevin Durant during a critical recruitment period where the Boston Celtics were attempting to bring Durant onto their team. Justin Goldman took the original photograph and posted it to his Snapchat story… Read On

The State and Local Taxes Deduction Cap – Simplified

In December of 2017, the Tax Cuts and Jobs Act changed the tax code to cap the federal income tax deduction for state and local taxes (SALT) at $10,000 annually. As a result, many individuals are looking for workaround options to retain the effect of the SALT deductions. Before the amendments took effect, individuals who itemized their deductions could deduct state and local property and sales or income taxes without limitation… Read On

Freedom to Work as it Affects the Employer’s Freedom to Contract

In 2017, Pennsylvania legislators proposed new bills, House Bill 1590 and House Bill 1938, seeking to reform the laws surrounding covenants not to compete. More commonly known as non-compete agreements, these documents are contracts preventing an employee from working for a competitor in a similar market after leaving a job. This issue is on the minds of Pennsylvania legislators… Read On

A Fashionable Allegation of Trademark Violation

The fashion world has presented an interesting case of potential secondary liability for trademark infringement, targeting the distributors of allegedly infringing products to the retailers who sell the products to the public. IHF Ltd and Mona B, LLC, Plaintiffs in the case, have found success in designing and selling handbags from recycled or “up-cycled” materials under the “Mona B” trademark… Read On

Fireworks & Act 43 – An Explosive Issue for Pennsylvania Municipalities

July 4th has come and gone, and, as many Pennsylvania local elected officials and police chiefs are well aware, the word is out that “consumer fireworks” are now legal for purchase by in-state Pennsylvania residents. On October 30, 2017, Act 43 was enacted, repealing and replacing the Fireworks Act of 1939 in its entirety and making significant changes to state fireworks law… Read On

Are Sweetened Beverage Taxes a Potential Municipal Revenue Generator?

Struggling municipalities may ask if they are permitted to enact a “soda tax” similar to that recently enacted by the City of Philadelphia. The Pennsylvania Supreme Court held that the Sterling Act authorizes Philadelphia to tax distributers of sweetened beverages. Philadelphia structured its levy as a one and a half cent tax per fluid ounce of sweetened beverage… Read On

Nauman Smith Partners Named Best Lawyer

Nauman Smith partners Craig J. Staudenmaier and J. Stephen Feinour have been named in the 2018 Edition of The Best Lawyers in America. Craig is recognized for his work in Commercial Litigation and Steve for his work in the areas of Municipal Law and Closely Held Companies and Family Businesses Law . Craig concentrates his practice in the areas of state and federal litigation and Right-to-Know/media law… Read On

Nauman Smith Attorneys Involved in RTKL Panel

The Pennsylvania Bar Institute recently hosted a panel discussion on the nuances of Pennsylvania’s Right-To-Know Law (RTKL). Craig Staudenmaier was a course planner for the three-hour session entitled, “PA’s Right-To-Know Law 2018.” Joshua Bonn was among the panelists that included the Honorable Robert Simpson, Commonwealth Court, and attorneys representing both sides of the law. The discussion focused on various aspects of RTKL including what makes up a record… Read On