News from 2019

Municipalities Can Engage Youth in Civic Process by Adopting Junior Leadership Program

Engaging younger generations in the civic process can be a challenging endeavor. There are, however, options for municipalities that are interested to try. Many Pennsylvania boroughs have adopted junior member programs to help engage youth with local government and inspire community commitment. Here is how a municipality might structure a program of its own. Junior Leadership programs vary in structure and organization across the state… Read On

How to Prevent Government Agencies From Disclosing Sensitive Business Information in Response to Public Records Requests Under the Pennsylvania Right-to-Know Law

The Commonwealth Court’s recent decision in Mission Pennsylvania, LLC v. McKelvey provides a road map to private entities seeking to prevent government agencies from disclosing sensitive business information. The case involved a public records request for applications that private entities submitted to the Department of Health for permits to grow, process, and distribute medical marijuana… Read On

Cybersecurity as a Rational Precaution Owed to Persons Dealing With a Business

Many seminars dealing with cybersecurity start with the statement: there are two types of entities, those which have been hacked and those which will be hacked. Such a statement strikes fear into the listener and sometimes leads to paralysis pursuant to which nothing is done to protect the files of customers and clients. There are rational ways to deal with cybersecurity issues… Read On

Municipal Limits on Property Rentals: Who Can Live with Whom?

Zoning regulations are a popular mechanism for local government to limit occupancy in residential areas to single families or a certain number of unrelated individuals that may live together. Municipalities have a well-established ability to regulate zoning in the exercise of their police powers, which allows them to promulgate regulations for the health, safety, and welfare of their citizens… Read On

Using Intentionally Defective Grantor Trusts to Gift Closely Held Business Interests

An Intentionally Defective Grant Trust (“IDGT”) is a tool for use in transferring an appreciated asset to family members as a current gift early in the appreciation of the asset as opposed to having the transfer at death after much appreciation has occurred. The result is that use of the tool leverages the transfer so that its value for tax purposes is lower than it would be at death… Read On

Gifts of Closely Held Stock Using a GRAT which Zeros Out Federal Tax Liability

Financial advisors who do estate planning are always on the alert to do what is called an estate freeze. An estate freeze is an estate planning technique in which a person is able to set the value of an appreciating asset at a value of the asset at an earlier date than his or other death… Read On

Corporations are not “Individuals” Under the Donor Exemption Set Forth in Section 708(b)(13) of the Right-to-Know Law

As issues under the Pennsylvania Right-to-Know law (RTKL) become more nuanced, the Commonwealth Court was called upon recently to decide the meaning of the word “individual” in the exemption found in § 708 (b)(13). This section provides exemption for the “Identity of an individual who lawfully makes a donation to an agency.” Who or what constitutes an “individual” was the basis of the Court’s decision… Read On

Facial Recognition Technology – How Is It Being Used by Municipalities?

Beginning in early July 2019, San Francisco will start restricting its local police force’s access to surveillance equipment and will prohibit its use of facial recognition technology. This is the first of a growing number of municipalities to begin regulating or banning facial recognition technology by local police departments. In California, the cities of Berkeley and Oakland are currently debating the use of the software… Read On

United States Supreme Court Expands Availability of Federal Court in “Takings” Case

The United States Supreme Court in a decision handed down June 21, 2019, in the case of Rosemary Knick v. Township of Scott has made it easier for plaintiffs to go directly to Federal Court in state and municipal “Takings” cases. The Court, in a 5-4 decision authored by Chief Justice Roberts, has held that a property owner has an actionable Fifth Amendment claim at the moment a governmental entity takes the individual’s property without paying for it… Read On

Nauman Smith Partners Named Best Lawyers

Nauman Smith partners Craig J. Staudenmaier and J. Stephen Feinour have been named in the 2020 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. This is Craig’s seventh consecutive and Steve’s fourth consecutive year for receiving this recognition… Read On


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