With one week left before the EU’s General Data Privacy Regulation (GDPR) takes effect, we have been fielding a lot of questions about how, or if, it applies to businesses here in Lancaster. Here are three questions to help you determine if you should worry about the GDPR.

  1. Who does it apply to?

It is easy to think that businesses here in the U.S. need not worry about the EU’s data protection laws unless you have stores or employees in Europe. But the GDPR’s reach is much broader than that. If you have the data of an EU citizen or use a service located in Europe, then the GDPR probably applies to you. Here are a few examples where the GDPR applies:

  • You send email blasts and some recipients are in England (yes, England is still in the EU… for now!).
  • You have a digital list of mailing addresses to send out physical mail and some recipients of that mail are in Italy.
  • You use an online marketing service that processes your clients’ data on servers in Germany.
  1. What data is protected?

Okay, okay. So I have contacts in the EU on my mailing list. But names and addresses aren’t protected, right? Wrong. Unlike many U.S. laws, such as Pennsylvania’s Data Breach Notification Act, the GDPR is very broad in its definition of protected information. For example, under Pennsylvania law you need a name combined with some sensitive piece of data, like a social security number or bank account, before the law applies. But the GDPR applies to any identifying information. This includes names, email addresses, physical addresses, and social media names, plus all the sensitive stuff you would expect like financial and medical information. Continue Reading Three Questions to Determine if You Need to Worry About the GDPR

Very often, a real estate developer is only active in a project until the subdivision plan is approved.  At that point, the developer often sells some or all of the development rights to the builders who actually construct and sell the homes. The developer may not realize that it usually retains liability for the completion of the community, even though the developer and builder planned to pass that responsibility onto the builder.  Why?  Like most legal surprises, the reason is not taking care of the details of the transaction.

In Hillside Villas Condominium Association, Inc. v. Bottaro Development Company, a neighborhood was created using this typical model.  The developer created a community in nine separate phases. The builder constructed the homes, and paid the developer every time a home was sold. This looks like a typical residential condominium project. Whenever a phase of the community was added, the developer assigned special declarant rights to the builder. This allowed the builder to construct and to legally declare the units. The developer retained all of the declarant rights that were not specifically transferred or assigned to the builder.  So long as the builder sold at least four units per year, this relationship would continue until the community was sold out.

In all of these relationships, the problem comes when the builder fails to complete something.  Here, the storm water management basins were not completed, and the roads required repairs totaling $900,000.00.  The Association sued both the builder and the developer.  Continue Reading How to Avoid Declarant Liability in a Condominium

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.

The hiring process is a key component of operating a successful business and employers do their best to properly vet prospective employees. Many employers conduct searches online through search engines and scour social media profiles as a part of that process, but there are significant legal risks if that process is not conducted with caution. Here is an overview of a few of the potential issues an employer could face with seeking out information online:

Discrimination Claims

Searching social media profiles can reveal all kind of information about an individual, including sensitive information which could identify that person as a member of a protected class. In Pennsylvania, protected classes include race, color, religion, national origin, ancestry, sex (including pregnancy), age, physical or mental disability, use of a guide or support animal, having an association with an individual with a handicap or disability, familial status, education, sexual orientation, veteran/military status and genetic information.

Think about how much of the above information you could learn as a result of a quick review of someone’s Facebook profile. If an employer decides not to hire a prospective employee based on learning some of the above information, the applicant could bring a discrimination claim.

In order to avoid liability for these claims, consider the value of conducting a social media search in the first place. Is there significant job-related information that can be gained from conducting such a search? Employers should carefully document all decisions made in the hiring process and use the same screening process for all applicants.

If you decide that social media searches are useful for identifying job-related characteristics, then consider having one person or a small group conduct the search, and instruct them to filter out all information that is not job-related and pass that on to those with input on the hiring process in order to avoid decision-making based on protected criteria. Continue Reading Use Caution When Using Social Media Searches in the Hiring Process

Almost 11 short years ago, the first iPhone made its debut on June 29, 2007.  This inaugural version featured the ability to take photos but not videos, maxed out at a whopping 16 GB hard drive and 128 MB of RAM.  The phone also lacked a GPS, digital compass, and forget about touch ID.  Fast forward to the iPhone X, Apple’s newest iPhone.  The X has 256 GB  of storage, 3 GB of RAM,  and unlocks using facial recognition technology.  And as for those videos the first iPhone couldn’t manage?  The X features 2 cameras that boast more features than most digital camera and offer 4K quality video recording at 60 frames per second.  Today a person can operate their business from the palm of their hand while on the go.  And it is not just our phones that are advancing leaps and bounds.  Cars have self-driving features and refrigerators can plan your meals and text you a shopping list.  The speed of technological advancements is mind blowing and getting ever faster.  Continue Reading Introducing a New Series – Exploring the Impact of Technology on Legal Issues

If you’re interested in leadership development and live or work in Lancaster, you should absolutely check out Leadership Lancaster and its programs. As I’ve previously written on this blog, it’s no secret that I’m a huge fan of this organization and what it does for both individuals and the community.

My introduction to the organization was as a member of the Core Class of 2016 (for more on my experience, check out my three part Reflections on Leadership Lancaster series). Since then, I’ve joined Leadership Lancaster’s ACHIEVE Committee to further support the organization and its mission to develop outstanding community leadership to support the needs of Lancaster County.

Yesterday I had the privilege of attending their annual Leadership Inspired! event, which celebrates local leadership. The event included a presentation of three awards to local individuals and organizations that have made a significant impact on the Lancaster County community. This year’s well-deserved winners were:

SoWe: for the organization’s accomplishments in furthering their mission to create a better environment for the neighbors, businesses and organizations that reside in the southwest Lancaster City community.

Dr. Martin Hudacs: for his commitment to putting others before self and educating community leaders through his 40 years in education and in various capacities through Leadership Lancaster, including his role as an immediate past Chair of Leadership Lancaster’s Board of Directors.

Bob Shoemaker: for his inspirational leadership as Project Executive (and previously the President and CEO) of the Lancaster City Alliance and contributions to Lancaster County as a lifelong resident and supporter of numerous nonprofit and community organizations, including Lancaster Safety Coalition, EDC Finance, Lancaster CRIZ Authority, Fulton Theatre, Lancaster Health Center, Lancaster Farmland Trust, and Lancaster Chamber Foundation, to name a few.

Continue Reading Leadership Lancaster Connects, Educates and Inspires at Leadership Inspired! Event

* House Bill 595 was signed by Governor Tom Wolf on Monday, May 7, 2018.  The Bill becomes effective on Wednesday, July 6.

The Pennsylvania General Assembly passed House Bill 595, which is expected to be signed by Governor Wolf.  This Bill gives a process for deciding disputes in Condominium and Homeowners’ Associations.  There are a few things that every Association should know about this new requirement.  They are:

  • Most Associations need to adopt bylaws or rules and regulations that establish Alternate Dispute Resolution (ADR) procedures. This includes procedures for disputes between two or more unit owners and/or between a unit owner and the Association.
  • A “unit owner in good standing” can file a Complaint with the Attorney General’s Bureau of Consumer Protection for a violation of the Act relating to meetings, quorums, voting, proxies, and Association records. Previously, this option was available only to disputes over Association financial records.
  • A “unit owner in good standing” is someone who has no past due assessments. So a unit owner that is behind on their assessments cannot file a Complaint with the Bureau of Consumer Protection.  Except that if the unpaid assessments are related to a Complaint filed with the Bureau of Consumer Protection, then the unit owner is in good standing regardless of unpaid assessments.
  • A unit owner cannot file a Complaint with the Bureau of Consumer Protection until he or she has exhausted the ADR procedure or at least 100 days after the unit owner started the Alternative Dispute Resolution procedure. If there is no ADR procedure, the unit owner can go straight to the Bureau.
  • Finally, if a unit owner has a dispute with the Association and wins, he or she may be entitled to an award of costs and reasonable attorney’s fees.

These additions to the Uniform Condominium Act and the Uniform Planned Communities Act are intended to help owners and Associations settle their differences without going to court.  In order to do this, Associations will need to take some steps to prepare themselves: Continue Reading Alternate Dispute Resolution Comes to Association Communities (Whether they want it or not)

Yesterday afternoon I had the pleasure to attend SCORE Lancaster-Lebanon’s 2018 Small Business Awards Luncheon held at Millersville University’s Ware Center. This luncheon is always a great place to hear more of SCORE’s success stories. This year was no different.

SCORE provides our community with many resources for local entrepreneurs. These include providing free business counseling through its mentors, facilitating round-table discussions among local small businesses, and teaching educational workshops on how to start and improve a small business. SCORE’s workshops hold a special place in my heart because I have helped teach one of the workshop sessions for several years now (or perhaps more appropriately, I help translate the legalese of forming a corporation or LLC into an outline of what a small business owner should know). Continue Reading SCORE Lancaster-Lebanon Celebrates 2018 Small Business Awards Luncheon

Of all the areas in which family law lawyers practice, custody is by far the most difficult. While that statement is true for obvious reasons, I often wonder what my clients are thinking when they do and say things over and over again that they know will not only jeopardize their standing in any future custody proceeding but more importantly, significantly harms the emotional well-being of their children. Most family law lawyers could write a hundred blog posts about the mistakes their clients make in contested custody matters but most of those posts would say the same thing and most of the information would be related to these five simple suggestions.

  1. Keep good records. I often refer to this as a “Custody Log.” We are all human and often once something significant happens, we believe that we will never forget the details, but that is naïve. Keep a detailed Custody Log because no one remembers everything and often times, custody trials are comprised of recitations of facts as perceived by the other party and the better the recollection, typically the better the testimony.
  2. Good communication. This suggestion seems obvious when you’re parenting a child in two separate households. If you communicate well, not only will your child be better off, but your life will be much less stressful. However, time and again clients refuse to communicate appropriately. I often suggest to my clients that communication should be via email and that each communication should be written as if he or she is sending an email to a professional coworker. This will allow you to communicate in a civil, respectful, and non-emotional way and typically allows you to convey the facts necessary without adding extraneous and often derogatory information.
  3. Don’t bad-mouth the other parent to your children. So many clients set out to gain an edge in custody by attempting to manipulate their children by persuading them that the other parent is bad in some way. Even if the information being provided is true, the emotional ramifications of doing this to a child, regardless of their age, are significant. In some cases, such manipulation even backfires and instead of a child having a negative impression of the other parent, the child becomes defensive and ignores even valid things that a bad-mouthing parent suggests. In other cases, the bad-mouthing is effective for a period of time and a child may even be alienated from the other parent. However, most children eventually learn what they live and the bad-mouthing parent’s comments are acknowledged as untrustworthy and inaccurate. In these cases, the bad-mouthing leads the child to further bond with the other parent because the child can no longer trust or believe what the bad-mouthing parent says or does.
  4. Social media should not be your sounding board and don’t count on privacy. Many clients believe that social media is a great place to bad-mouth the other parent, complain about their circumstances, or to manipulate the facts and circumstances of their current situation. Many social media posts are not truly private and if you post it, I may find it. There is nothing more ironic or satisfying when cross-examining a parent who has spent hours testifying about how he or she is so concerned about the other parent’s behavior, whether it be drinking too much, going out too much, having multiple intimate partners, etc. only to then cross-examine that parent with the voluminous posts and pictures of the parent doing the exact thing that they are complaining that the other parent does. Remember that many things that you post on any social media outlet are discoverable: even if you have deleted things or taken an account down completely, those accounts could still exist somewhere and often times your “friends” have printed out your ridiculousness and shared it with me.
  5. Grow up. If you are old enough to have a child, then don’t act like one. Your child’s emotional well-being is not something to play with and in the end, no one is the winner. But there is definitely a loser and that loser is your child. Having a child participate in custody litigation or even without that, to grow during his or her formative years with parents that cannot behave like adults, communicate respectfully, or enjoy the time that they have with their child is extremely detrimental. Regardless of your feelings towards the other parent, you can always conduct yourself appropriately, be courteous, be respectful, and be reasonable. Children grow up and when they do, they will remember the parent who behaved like an adult and the parent who did not. Children of divorced families who had parents who behaved like adults and acted reasonably grow up mostly unaffected by separate homes. However, children that grow up seeing the opposite often have relationship problems of their own, higher rates of drug and alcohol use, mental health issues, and are generally less happy.

This is not brain surgery or rocket science. These tips are not new and I’m sure you’ve heard it before. Still, parents often are unable to remember simple ways in which to behave that not only positions them better in custody proceedings, but can actually minimize their stress and allow their entire family a more peaceful life. Most importantly, their child can live in a less contentious world where his or her parent puts their child’s needs ahead of their own.  Isn’t that what parenting is all about?

Holly Filius 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.

One of the most important things I do as a Litigation attorney is explain to my clients what has happened, and is likely to happen, in their lawsuit. Unfortunately, it’s all too easy to do that using abstract legal jargon as though everyone uses these terms as often as I do. So, rather than leaving you searching Google to find out what your lawyer is talking about, let’s start by going through some common legal terms in Pennsylvania lawsuits:

Who is Involved?

  • Plaintiff – The party or parties who starts a lawsuit against a
  • Defendant – The party or parties being sued by a Plaintiff. Even if both parties have claims against each other, the Plaintiff is the one who files first regardless of the size of their respective claims.
  • Litigation –The process of taking part in a lawsuit. “Litigators” are lawyers who practice Litigation.
  • MDJ – Short for Magisterial District Judge. A MDJ presides over “small claims” court in Pennsylvania for disputes worth less than $12,000 or disputes about issues like landlord/tenant claims.
  • Court of Common Pleas – The Pennsylvania court level where elected judges preside over claims. It is the step above and MDJ and can hear almost any type of claim.

What is Being Claimed?

  • Complaint – The document a Plaintiff files that usually starts a lawsuit. Its numbered paragraphs lay out the facts of the case, legal theories supporting their position, and what they want the Court to give them.
  • Answer – The document a Defendant files in response to a Complaint. It responds to each of the numbered paragraphs in a Complaint either by admitting that what the Plaintiff argues is true or denying it and explaining why it’s denied.
  • Reply – This document is how a Plaintiff responds to any new claims made by a Defendant in an Answer.
  • Default Judgment – If a Plaintiff or Defendant doesn’t respond to a Complaint or Answer in time, the other party can ask the Court to win automatically. The other party has given up by not defending themselves. (NOTE: if you get a “Notice of Default” warning you that a default may be entered, you need to seek legal counsel at once).
  • Motion – A formal request for the Court to do something. It is for tasks more complex and less administrative than those of a Praecipe. Among the most common are requests for the Court to rule in one party’s favor (either dismissing a claim or awarding a Judgment).
  • Praecipe – Pennsylvania’s mini-motion. It is a request for the Court to do something more administrative. For example, notifying the Court you have hired a new lawyer to represent you.
  • Brief – A writing submitted to the court by a lawyer, usually in connection with a Motion, that argues their client’s legal theory. It’s the lawyer version of an essay or paper.

Continue Reading Explaining PA Lawsuits Using Plain Language (Part I) – Key Legal Terms

I think Millennials get a bad rap these days. I recently heard a gentleman who was likely in his late 50’s, early 60’s suggest that Millennials are self-absorbed, lazy, lacked generosity, and were not community-minded. I spoke to this gentleman a little while after his comment telling him that I think his perception was skewed. While it may be true that Millennials are not likely to work for the same company for 30 years, may not want to sit on non-profit boards, and are happy not owning real estate, those characteristics do not necessarily translate into the adjectives he used to describe a generation. Instead, he needs to look outside of his comfort zone and realize that Millennials are self-motivated and loyal, they just may not want to spend their entire career at one company and instead use their time and talent to do good work for multiple entities. They are not necessarily fiscally imprudent just because they do not want to own real estate. Instead, they do not want the ties that bind one to real estate, rather they want the freedom to travel to different parts of the country or the world to experience new things and make their mark. Millennials tend to be community-minded and extremely generous but they may not want to sit on a non-profit board that meets every month and plan a golf outing. Instead, they write a check during the Extraordinary Give or donate to a GoFundMe account.

You are probably wondering what all of these comments on Millennials have to do with your obligation to pay child support. The tie-in is that many Millennials are perceived to have “failed to launch” because they have returned to their parents’ home to reside after college rather than going into the workforce and living independently. However, that does not make them bad people, it just makes them appear more dependent than the greatest generation. So, does this  lengthen the amount of time a parent has to pay child support for their child? In Pennsylvania, parents are obligated to pay child support for their child until she turns 18 or graduates from high school, whichever occurs later. However, that time period can be different depending on other factors like an earlier emancipation date, a child with special needs which extends payment to at least 21, and agreements to pay child support for a child past his 18th birthday or graduation from high school. Continue Reading Failure to Launch: How Long Do I Have to Pay Child Support?