Legal Insights

emergency guardianship appointed by an estate planning attorney in pennsylvania

Guardianship: It’s an Emergency and I Care a Lot…About Your Assets

I recently watched the 2020 Netflix film “I Care a Lot”, the story of a professional court-appointed guardian (played by actress Rosamund Pike) who bilks the assets of dozens of elderly wards. As a Pennsylvania estate planning attorney, I regularly represent family members, alleged incapacitated individuals (AIPs), and guardians. And nothing makes my blood boil […]

pennsylvania employees should think twice about posting anything offensive on social media

Offensive Social Media Posts by Pennsylvania Employees Justify Termination

“If you can’t say anything nice, don’t say anything at all,” our parents told us. Two recent Pennsylvania employment termination cases give this same advice to adult social media users. In both cases, courts upheld terminations for employees’ mean-spirited off-duty social media comments. In Carr v. Commonwealth, 230 A.3d 1075 (Pa. 2020), a PennDOT employee […]

montgomery county pennsylvania courtroom | Hiring a lawyer in PA

Going Pro-Se? Why Hiring a Lawyer is Crucial to Your Case

An unfortunate fact of life is that at some point, almost everyone will become involved with the court system. Here are some reasons why hiring a lawyer will benefit you in the end. In 2016, approximately 84 million cases filed in state trial courts, according to the Court Statistics Project. Even if you are not […]

trademark protection for a generic name | booking.com

How can a business obtain trademark protection when its own name generically describes its goods or services?

In the past, a business may be out of luck if it was seeking a trademark protection for a generic name. However, in the recent Supreme Court of the United States case USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020), the Supreme Court ruled in favor of a company named Booking.com, a business which […]

what happens to the debt of deceased releatives

What Happens to A Deceased Relative’s Debt When They Die?

A common concern of clients during the initial estate planning process is what happens to debt when you die. This is a valid concern for next of kin and estate beneficiaries, and we’ll delve into it below. Who is responsible for paying off the debts of a loved one? Can the debt of the deceased […]

divorced mother with daughter happy to receive the 2021 child tax credit

2021 Child Tax Credit: Which Divorced Parent Gets It?

Before 2018, listing a dependent child on the federal tax return meant a per person exemption resulting in paying less federal taxes. From 2018 to 2025 the dependency exemption is suspended. For now, the issue of child dependency is still relevant but more complicated. Let’s begin with a scenario: a married couple with two minor […]

workers' compensation benefits for a WFH work from home employee

Do Workers’ Comp Benefits Apply When Employees WFH (Work From Home)?

The impacts of COVID are undeniable. Chief among them has been the proliferation of a WFH (Work From Home) workforce. Gallup reported that 43% of employees work from home at least some time. Businesses and employees have had to adapt to that new reality. One of the questions that arises is whether or not workers’ […]

woman looking at social media on her phone amid a divorce

Social Media and Divorce – 5 Tips to Follow Right Now

Understand that anything you type, post, or reply can and will be used against you in a court of law. It seems like we can’t turn on the news today without hearing about yet another social media or texting disaster. We watched the downward spiral of Armie Hammer’s career due to his social media posts […]

divorcing couple own a business together how the pandemic will affect it

How Might the Pandemic and The CARES Act Impact a Divorcing Couple’s Business?

Beware: the CARES Act may distort business cash flows from 2020. Almost every business faced an unusual year in 2020. When the pandemic hit, work slowed dramatically then came the whiplash effect. In particular the sweeping Coronavirus Aid, Relief, and Economic Security (CARES) Act provided short term help for many businesses. While the hospitality and […]

dead ash tree removal due to emerald ash borer in PA | dead tree removal laws

The Emerald Ash Borer Killed a Tree on My Property Line. Who is Responsible For Its Removal?

The Emerald Ash Borer insect has wreaked havoc throughout much of PA and is migrating to surrounding Mid-Atlantic states. Dead ash tree removal is a must for property owners, but the responsibility burden can sometimes cause friction between neighbors. Pennsylvania Municipal Attorney, Gilbert P. High, Jr. weighs in. I live in Southeastern Pennsylvania, and I’m […]