Articles | Page 10 | Nauman Smith

Secrecy in Grand Jury Investigations gets Scaled Back

The Pennsylvania Supreme Court has issued another opinion regarding the grand jury investigations into sexual abuse allegations against clergy in Pennsylvania. The Court issued its ruling after private attorneys for dioceses in Harrisburg and Greensburg refused to sign entry-of-appearance forms which would limit what the attorneys could disclose about their clients-witnesses’ testimony during the investigations, even after receiving their clients’ informed consent to do so… Read On

Stormwater Fees: Coming to your Municipality

With the incredibly wet summer that central Pennsylvania has had this year, it is perhaps appropriate that the Pennsylvania Legislature is presently debating a series of bills to modify the current statutes regarding stormwater facilities in first class townships and boroughs across the state. The proposed bills, House Bill 914 and House Bill 915, explicitly authorize first class townships and boroughs to “regulate the planning… Read On

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

Student Loan Debt: A New Way to Attract Top Talent

It is no surprise to many employers that student loan debt is on the rise among younger graduates. What may surprise some is the trend toward offering student loan assistance programs as part of a benefits package to entice younger applicants. As student loan debt is on the rise, younger employees’ retirement funds are on the decline… Read On

Proposed Legislation Could Change the Way Pennsylvania Businesses Handle Overtime Compensation

In January, Governor Tom Wolf announced his plan to change the eligibility requirements for employees to receive overtime. Wolf’s plan mirrored the plan circulated by the Obama administration, through the United States Department of Labor. The Pennsylvania Department of Labor and Industry submitted its proposed regulation in June. U.S. businesses will not yet have to contend with the Obama administration’s changes… Read On

Municipal Drone Use – Opportunities and Potential Pitfalls

Municipalities across Central Pennsylvania and the United States are grappling with the explosion in unmanned aerial vehicle (UAV) or “drone” use among businesses, hobbyists, and other private interests. Regulating this use raises a wide range of issues including invasion of privacy, trespass, nuisance, the proper exercise of municipal police power, and the limits of state and local power to regulate in light of the Federal Aviation Administration’s (“FAA”) broad power to regulate aircraft use… Read On