Back in 2015, I wrote a blog post asking “Is Co-Parenting Possible?”  The article highlighted one family’s path to co-parenting.  Slowly, I’ve begun to see more and more success stories about co-parenting.

Recently Lancaster Online featured a story about a local family that has decided that co-parenting is in their daughter’s best interest.  For the Hawkeys of Lancaster and Bankerts of York, co-parenting wasn’t always easy.  They struggled at the beginning, simply going through custody exchanges without much interaction.  But recently they realized they needed to do more for their daughter.  When a rare family dinner made their daughter so happy, they decided to do more.  In mid-March the family decided  to go on a co-parenting family vacation to Walt Disney World in Florida.

This is a great example that even if it takes a while for everyone to be in a place where they can work together, when they can, the children really benefit.  However, I will repeat my prior caveat – not all families can or should co-parent.  But when they can, it is remarkable what can happen.

Lindsay Schoeneberger is an attorney at Russell, Krafft & Gruber, LLP in Lancaster, Pennsylvania. She received her law degree from Widener University School of Law and practices in a variety of areas including Family Law.

It was announced on Wednesday that one of the more popular craft breweries in the country, Wicked Weed Brewing out of Ashville, North Carolina, was acquired by Anheuser-Busch, the world’s largest producer of beer.  Interestingly (but not surprising if you follow the craft beer industry) the announcement was met with significant backlash from the craft beer community.  The acquisition garnered significant criticism on Twitter, with many accusing Wicked Weed of “selling out.” The deal even generated a statement from the North Carolina’s Craft Brewers Guild, saying that they were “disheartened” by the announcement.  In another example, when Elysian Brewing Company out of Seattle announced its sale to Anheuser-Busch in 2015, the owner reported that customers were buying beers and dumping them onto the floor in protest of the sale!

Why are craft brewers treated so differently in the business world than other startups?  Why are they accused of “selling out” when in other industries, startup companies are celebrated and their founders turned into celebrities when they successfully sell off their company for millions (or hundreds of millions) of dollars?

The answer is not so simple and there seems to be reasonable arguments that can be made on both sides of the issue (beyond just pouring out a perfectly good beer).  Customers and craft beer enthusiasts often express concern that the takeover by a large, international corporate giant is going to impact the quality of the beer.  In some cases, this seems to be a justifiable concern.  The article from Thrillist cites a number of examples including Goose Island and Ballast Point where, after the acquisition, the original ownership left, recipes were changed, and in one case, a coveted batch of beer had to be recalled because of a non-toxic bacteria that infected the beer required its recall.  These issues were all blamed on the takeover and many people swore off drinking these beers as a result. Continue Reading Double (IPA) Standard for Craft Breweries?

I regularly work with both lenders and commercial borrowers.  In the last 12 months, I have noticed that interest rate swaps are becoming a part of more and more financing arrangements.  While I am not an economist, there are a handful of reasons why including swaps or derivatives in a financing arrangement should be part of more conversations between banks and commercial borrowers.

In this post, I am considering a “plain vanilla” interest rate swap.  A simple example of this would be a bank offering a 10 year fixed interest rate loan to a borrower.  The bank then swaps this fixed interest payment with someone (maybe another lending institution, swap bank, or even back to the borrower) in exchange for a variable rate payment – usually tied to LIBOR plus some amount of basis points.  At the end of the swap period, the difference in interest payments between the fixed and the variable interest rate is paid out to the appropriate party.

Increasing Competition Among Lenders

Many of my commercial clients complain that banks only want to lend money to people who don’t need it.  This is not entirely the decision of lenders.  Today’s regulatory environment has forced banks to tighten their risk tolerances.  The net result of this is that it seems there are more loan demand than there is loan supply.

I think of it as Venn Diagram.  One circle is borrowers who need financing.  The other circle is businesses with acceptable risk.  Where those two circles intersect, banks and borrowers are doing business.  If your project falls into that middle part of the diagram, congratulations! You will have lots of banks competing over your business.

This competition is a problem for lenders.  I have seen banks offer extreme terms just to “win” some of these “good loans.” Many banks just cannot compete with lenders who are willing to cut deep into their profits just to secure a deal.  This is not good for banks, and when banks struggle or consolidate, it ultimately harms borrowers, too. Continue Reading A Perfect Storm: Why are Rate-Swaps or Commercial Loan Hedging Arrangements on the Rise?

This week is officially Small Business Week. The attorneys at Russell, Krafft & Gruber work with many small businesses every day.  Personally, I love to work with family–owned businesses, and get to know the family and what makes them and their business special.  In honor of the well-deserved recognition small business owners are receiving this week, I wanted to offer some advice and encouragement to the many small businesses in our community. I didn’t want to do the typical “here is a problem and here is how to fix it” post about the problems that small businesses face – taxes, employees, contracts, security, technology, and all of that stuff.  This post is a thank you to small businesses.

Many small businesses start because of a personal interest or expertise.  So rather than bore with you legalese  I thought I’d share , a link between my interests and small business that might not come to mind.

My son is a huge professional wrestling fan.  Because of him, I am also a professional wrestling fan.  It is a special bond that we share.  He started watching when he was probably 7 years old.  Now he’s almost 16, taller than me, with a handful of hairs sticking off of his chin. But we share wrestling.  When something happens on a Monday night show, it is the first thing he wants to talk about on Tuesday morning.  He and I have traveled to Giants Stadium to see Wrestlemania with 90,000 fans.  We have also been in the Palmer Center in Easton with 300 people in the stands, or the American Legion in Hellertown with maybe 75 people. We have watched the biggest movie star in the world – Dwayne “The Rock” Johnson — and we have seen someone wrestle dressed up as a Space Monkey.

What does this have to do with small business?  The head of the Small Business Administration is Linda McMahon.  She is the wife of Vince McMahon, the head of World Wrestling Entertainment.  She has been part of storylines and has appeared in the ring.  Linda McMahon has suffered a nervous breakdown, been committed to a “sanitarium” and lapsed into a coma.  She drank beer with “Stone Cold” Steve Austin.  She took a stunner from Austin, been slapped by her daughter numerous times, and ended a bunch of fights with well-placed kicks. (Don’t worry about me — I know it is not real. But for the sake of this post, go with me for a bit.)

It strikes me that every small business can take away some lessons from Linda McMahon. Continue Reading How Your Small Business is Like Professional Wrestling

Spring is here… flowers are blooming, lawn mowers are returning to use, the weather is warming, and Pennsylvania lawmakers are furiously trying to fill a huge budget gap.  The budget deficit that lawmakers are tasked with addressing has been reported to be nearly $3 billion dollars.  With a budget deficit that large, it makes sense that all options are on the table.  If you’ve been following the news surrounding the budget, you have probably heard about proposals to legalize marijuana, tax the extraction of Marcellus Shale natural gas, increase the cigarette tax, close prisons, and further cut spending programs.  All of these are relatively new ideas and approaches to reduce the huge shortfall that currently exists.  One idea, however seems to come up every year when it’s time to balance the budget… liquor reform.  And this year is no different.

On Tuesday, the state House passed a liquor reform package designed to further modernize the system of alcohol sales in the state.  The package consisted of four (4) major components.  The first is a “free the wine” bill that seeks to permit grocery stores to sell wine, without the need to have seating and pretend to be a restaurant.  It would also allow grocery stores to purchase wine directly from private wholesalers and wineries, circumventing the Pennsylvania Liquor Control Board.  The second measure would do something similar, but for the benefit of all licensees, not just grocery stores.  This proposal, contained in House Bill 1075, would remove wine completely from the PLCB and allow private wholesalers to sell directly to licensees. Continue Reading Changes to Pennsylvania Liquor Law Part of Budget Negotiations

This is Part 2 of a series of posts analyzing the legal issues in the hit podcast S-Town, produced by the creators of Serial and This American Life. For more background, check out the introduction to the series. Although the events in S-Town occur in Alabama, for the purposes of this series, the legal analysis will be based on general principles of law and Pennsylvania law, since we’re Pennsylvania lawyers.

SPOILER ALERT! If you haven’t listened to the series yet and want to avoid spoilers, proceed beyond this point with caution.

Chapter 3 picks up after the shocking end of Chapter 2, wherein the listener learns that John B. has killed himself.  It quickly becomes apparent that while John had talked about suicide for years, even keeping a lengthy suicide note on his computer, he did not plan to have his loved ones taken care of after his death.

John B. was the primary care taker for his mother, Mary Grace.  John led people to think she was suffering from some form of dementia, although an actual diagnosis is never given.  When John dies, someone had to care for Mary Grace.  There was a battle between Tyler Goodson, a younger friend and sometime employee of John and Rita and Charlie, cousins of John.  At first listen, Tyler seems to be the reasonable choice.  He knows Mary Grace well, seeing her almost daily.  He had been helping John B. around the property for years.  Tyler considered Mary Grace to be part of his family, even referring to her as Mama.  Rita and Charlie on the other hand, seem to appear out of nowhere and now want to take over Mary Grace’s care.  While the listener is given both sides of the story, it is never clear who has pure motives or who is trying to take advantage of Mary Grace.  Continue Reading Legal Lessons from Hit Podcast, S-Town – Part 2: Power of Attorney

While “made-up holidays” and “National _____ Weeks” have been on the rise, since 1963, the United States Small Business Administration has celebrated National Small Business Week, which recognizes the critical contributions of America’s entrepreneurs and small business owners. That basically makes National Small Business Week an OG of the made-up holiday scene.

Though National Small Business Week is a nationwide event, Lancaster County is home to a thriving small business community with great resources available to entrepreneurs to help start and grow their businesses.

Here are just a few resources available to entrepreneurs in Lancaster County:

Continue Reading Think Lancaster During National Small Business Week

Today is National Superhero Day.  Earlier this month I had the opportunity to accompany one of the partners of the firm to the Pennsylvania Superior Court.  As a young attorney who has not yet had the opportunity to argue at the Superior Court, this was an exciting day for me and I wasn’t sure what to expect.  Attorney Holly Filius’ argument of an appeal of a custody order in front of a panel of three Superior Court Judges was professional but fairly uneventful.  However, as we were leaving we happened upon a group of individuals dressed as superheroes on the Capitol steps.  So what do you do when you run into superheroes after a Superior Court argument?  Have your picture taken with them, of course!

The definition of a superhero according to Webster:

a fictional hero having extraordinary or superhuman powers; also: an exceptionally skillful or successful person

Superior Court Superheroes

Based on this definition, many of you often function as superheroes in some capacity in your life.  You also probably know, live or work with someone who behaves each and every day as a superhero.  Although she did not have a cape, mask or colorful costume, Holly’s skillful presentation at Superior Court made her a superhero for her client that day.  Continue Reading Superheroes of the Pennsylvania Superior Court

Nala Blu
Nala Blu

Earlier this year, much to my husband’s chagrin, we drove over an hour to Maryland to spend a Sunday afternoon at the home of a stranger.  We left with our new four-legged baby- Nala Blu.  More and more people choose to open their homes to rescue pets.  I must admit, it is a pretty fulfilling feeling to know that you were able to save the life of an animal whose fate was once questionable.  Our girl happened to be thrown into a cardboard box with her 8 brothers and sisters and left next to a dumpster in Tennessee.

This Sunday, April 30, just so happens to be “Adopt a Shelter Pet Day.”  Each year, more than 3.2 million pets are rescued from shelters across the US.  Each one comes with their own special story and leaves with their own special place in their new families’ hearts.

If you have ever had a pet, you know that almost immediately they become an integral part of your family, and are treated just like (or maybe even better!) than children.  But what happens to our four-legged kids when a marriage falls apart?  Some may find it hard to believe, but people do fight over their pets.  And unfortunately, in 49 of the 50 states, courts will refuse to step in to help.  In fact, the courts have labeled our beloved pets as nothing more than property.  In its 2002 decision in DeSanctis v. Pritchard, the Pennsylvania Superior Court went so far as to equate a dog to a table or lamp.  I can’t imagine that analogy won the hearts of those who read it.

Under Pennsylvania divorce law, personal property is distributed between the parties as the court sees fit after analyzing a list of factors.  And because a pet is considered personal property, they will be lumped into the “equitable distribution” of all property.  So if you want to keep your furry friend, you may have to give up that new big screen TV. Continue Reading Pet Custody in Pennsylvania

I have written a number of times on this blog about providing reasonable accommodations for “service animals” and “emotional support animals.”  This legal battle continues to affect condominium and homeowner association communities.  A recent case shows a new way that a condominium association could get in trouble for refusing to provide a reasonable accommodation: because of a neighbor’s blog post.

Estate of Walters v. Cowpet Bay West Condominium Association, begins with the “usual” issue.  Two condominium unit owners sought to keep “emotional support dogs” in the condominium.  The condominium’s rules absolutely banned pets.  In this case, the Court determined that the unit owners were disabled, and that the support animals were necessary to allow them the use and enjoyment of the condominium unit.  Because of this, the condominium association was required to make a reasonable accommodation under the Fair Housing Act.

The concerning part of this case arises from the blog of some disgruntled neighbors.  The opinion from the United States Court of Appeals, Third Circuit, quoted a number of blog posts from residents of the community that opposed the emotional support dogs.  One neighbor replied on a blog post “isolate them [the unit owners] completely to their little “dog patch” on the beach and ignore them at every venue or occasion!” Continue Reading Could a Condominium Face Legal Trouble Because of Residents’ Blog Against Emotional Support Animals