Articles Archives - Page 3 of 28

Federal Student Loans In Bankruptcy: A New Direction?

Recent actions taken by the Department of Education have made the path easier to discharge student loans through bankruptcy, but messages about future acts remain unclear. At present there is an estimated $1.75 trillion in outstanding student loan debt owed by approximately 46 million Americans – one out of every eight people. After home mortgages, student loans represent the next highest category of debt. … Read On

The State of Women in the Judiciary in Pennsylvania

As we come to the end of Women’s History month and Nauman Smith’s tribute to outstanding female judges, it seems appropriate to pause and to examine the state of women in the judiciary in general in Pennsylvania. Although important strides have been made in getting women elected to the bench both in the trial and appellate courts… Read On

TOP TEN MOST SIGNIFICANT PENNSYLVANIA RIGHT-TO-KNOW LAW (RTKL) CASES OF 2021

Continuing a 2020 trend, courts issued less RTKL decisions in 2021 than in pre-pandemic years. Many of the Commonwealth Court’s decisions in 2021 were unpublished, which typically occurs when cases turn on fact-sensitive concerns rather than precedent setting legal issues. Nonetheless, as outlined in the top-ten list below, 2021 did see several momentous decisions that continue to change the public records playing field in Pennsylvania. … Read On

There’s No Place Like Home: Pa. Supreme Court Negates General Jurisdiction Over Foreign Corporations on Registration Alone

Most businesspersons operating in multiple states might logically think that if an accident involving one of its employees occurred in Virginia, where the employee resided and where the company was incorporated and had its principal place of business, the company could not then be sued in Pennsylvania. And they would be correct, according to a recent decision by Pennsylvania’s highest court… Read On

Updating or Creating an Employee Handbook Amidst the Changing Legal Landscape of the COVID-19 Pandemic

In many ways, COVID-19 has changed the way our workplaces operate. But with evolving health and safety concerns to manage and pressing issues like staffing shortages to handle, employers likely have had little time to spend on updating employee handbooks. Human resources professionals and businesses have had to quickly adapt in response to a variety of changes in the employment law landscape these past couple years… Read On

The New Normal: What it means to Postpone and Cancel events

The “new normal,” might have been the number one term of the past year. Part of the “new normal” is issuing refunds for canceled or postponed events. Even almost two years into the pandemic, events are still being canceled or postponed. In May 2020, as the “new normal” was still developing, Attorney General Josh Shapiro urged businesses to honor their promised refund policies for trips that were canceled because of COVID-19 closures… Read On

Discharging Tax Debts in Bankruptcy: To Dream the Impossible Dream?

First, the good news: it is possible to discharge some tax debts in bankruptcy. That said, the process of discharging tax debts sets forth several requirements that must be met to qualify. The benefit to an eligible debtor can be substantial if the tax debt satisfies the rules that permit discharge, and each situation will require a detailed analysis of the facts in each case… Read On

Protecting Trade Secrets Under Pennsylvania’s Right-to-Know Law

The Pennsylvania Supreme Court has provided a road map for private entities to prevent public disclosure of sensitive business information contained in public records. The case of McKelvey v. Pennsylvania Department of Health, 255 A.3d 385 (Pa. 2021)[1] has broad implications for any private entity that is regulated by or contracts with government agencies… Read On

Should there be minor representation on a nonprofit board of directors?

Teenagers have proved time and time again that they can lend their voices towards achieving significant change. Some social activists became household names before adulthood, like Malala, and Greta Thunberg. When they began their activism, they were minors, and in some jurisdictions would have been barred from sitting on non-profit organization boards. A youth board member can provide many benefits to an organization… Read On

Municipal Regulation of Door-to-Door Solicitations

Municipalities frequently regulate door-to-door solicitations and canvassing within their boundaries pursuant to the police power of the municipality to promote public safety and welfare. Municipalities can lawfully regulate the time, place and manner of solicitations for the public safety of their residents and to protect the peaceful enjoyment of homes within the municipality. Municipal regulations that restrict solicitations to “reasonable hours,” or curfews… Read On

Update Understanding Small Business Bankruptcy under Subchapter V

Updated June 21, 2022 After the increased debt limit expired on March 27, 2022, the House and Senate by wide majorities passed a bipartisan bill known as the Bankruptcy Threshold and Technical Corrections Act. One of the provisions of this Act will extend the increase in the debt limit of $7,500,000 in Subchapter V cases for two more years… Read On

UPDATED 11-22-21: Questions and Answers on the Federal COVID-19 Vaccination Mandate for Large Employers

UPDATED November 22, 2021 – As has been widely covered in the news, the Fifth Circuit Court of Appeals in New Orleans has put a stay on the federal government’s vaccine mandate for large employers, which was scheduled to fully take effect on January 4. In response, “OSHA has suspended activities related to the implementation and enforcement of the ETS [Emergency Temporary Standard] pending future developments in the litigation.” A wrinkle is that the Fifth Circuit may have jumped the gun in its actions… Read On