Up until April 26, 2019, short-term vacation rentals (like Airbnb, VRBO, HomeAway, etc.) were probably allowed in zoning districts where single family homes are permitted. In April, the Pennsylvania Supreme Court decided that a short-term vacation rentals are not permitted as a single family use.

What do municipalities do now?

First, we should review how the Courts got to this point. It is an interesting development. The first case (Marchenko) dealt with a homeowner who rented her home for less than 25% of the year. The second case (Shvekh) had homeowners who rented their home for about half the year. The third case (Slice of Life) has an owner who bought the property solely as an investment, and never lived there at all. The Commonwealth Court said the first was OK, and then the next two cases built on that decision. 
Continue Reading

Did you know that Pennsylvania law requires corporations and fictitious name registrations to “officially publish” advertisements in order to be effective? This requirement applies to domestic and foreign business corporations and nonprofit corporations, as well as fictitious names registered in Pennsylvania.

The advertising requirement is a nuance of entity formation that is often missed and could prove costly in the long run. For example, in the context of a corporation, failure to follow corporate formalities can be used as an argument to pierce the corporate veil, which could impose personal liability on the shareholders of the corporation.
Continue Reading

I first became aware of the spotted lanternfly (“SLF”) when, as a Penn State Football season ticket holder, I received a notice that I was supposed to search my car for any evidence of SLF presence before leaving my home in Lancaster County en route to State College. I became more concerned about the SLF after I read a news article about a family whose home was overtaken by SLFs that were attached to their Christmas tree.

The SLF is an invasive plant-hopping insect that can have a detrimental impact on local agriculture. The SLF was first discovered in Berks County and has spread to a number of nearby counties in southeastern Pennsylvania. As a result, several counties, including Lancaster County have been placed in a SLF quarantine zone
Continue Reading

Each year SCORE Lancaster-Lebanon honors five local small businesses for their success. This year’s winners included both for-profit and not-for-profit businesses. It also included new companies and those taking their products and services to another level.

I could tell you about each of the award winners, but the best source of information about them is

Wrestlemania was this past weekend, and Linda McMahon is rumored to be stepping down as the head of the Small Business Administration.  I have a rule that when those two things happen in the same week, it is time to link back to my favorite blog post: How Your Small Business is Like Professional Wrestling.

My son and I are still watching wrestling.  And there are even more lessons you can learn from wrestling.  Here are more to add to the list:
Continue Reading

One of my primary fitness activities this past winter has been riding our Peloton bike. Workouts on the bike are always interesting because Peloton has numerous great instructors, varied ride types for all skill levels, and great music. You may have seen in the news earlier this week that Peloton is being sued for using music without permission in its video fitness classes. The lawsuit was filed by a group of several music publishing groups, claiming that Peloton does not have licenses in place for more than 1,000 songs owned or administered by the groups over a period of years.

As an attorney that works with both businesses that use others’ intellectual property and creators of intellectual property, music licensing and other types of intellectual property licensing is a commonly misunderstood issue. Songs are protected by copyright law, which grants exclusive rights to the owner of the song. If you don’t own the copyright, you need a license from the copyright holder in order to legally play their songs. Small businesses that play music for their customers are no exception to this rule; in fact, they are often the target of litigation when they ignore these obligations.
Continue Reading

Every business has those key employees who you really do not want to lose. A common risk for this is when your customers see how well an employee performs and decides it would be even better to bring them in-house (cutting out you and your profit margin). Many businesses protect themselves against this risk with a “no-hire” clause in customer contracts where they agree not to poach employees from you. But that may no longer be possible here in Pennsylvania.
Continue Reading

This is the final installment in a three-part series about data breaches and the requirements of Pennsylvania law relating to data breach notification. The previous posts in this series are: Doing Business in 2019? You Should Be Thinking About Data Security; and When Does a Data Breach Require Disclosure Under Pennsylvania’s Data Breach Notification

This is part two of a three-part series about data breaches and the requirements of Pennsylvania law relating to data breach notification. Part one of this series was Doing Business in 2019? You Should Be Thinking About Data Security.

 The first post in this series made the case for why you should take data security seriously. Otherwise, you’ll need to worry about the daunting task of complying with a multitude of data breach notification laws and the public relations nightmare of being the next company that revealed its customers’ personal information.

But as the saying goes: the best-laid plans of mice and men often go awry.
Continue Reading