Advertising and other commercial activities happen in an instant on social media. Are you covering your bases legally when posting photos of individuals or groups on your company social media accounts?

State law governs when you can use a person’s name or likeness for commercial or advertising purposes – this is commonly referred to right of publicity or right of privacy depending on the context and legal status in the jurisdiction.

In Pennsylvania, there is a somewhat complicated legal framework comprised of both statutes and case law that governs right of privacy and right of publicity. Continue Reading When Can You Use Photos of Customers or Employees for Business Purposes?

When spouses separate and wish to divorce, there are many issues they must address before receiving a divorce decree. If spouses have acquired property during their marriage, that property must be divided between them before a divorce decree can be entered. If not, the property becomes the sole possession of the titled spouse post-divorce and any jointly titled property must be divided pursuant to a separate legal action called “Partition.”

So how do spouses divide their property (equitable distribution)? Quite simply, they either agree how it will be divided, or they don’t. If they don’t, the Court will hold a hearing to determine what property or portions of property each spouse will retain. If they do agree, a written contract between the parties is required to memorialize their agreement and ensure the enforcement of that agreement in the future if one of the parties does not comply with the terms of their agreement. That contract is often referred to as a Postnuptial Agreement and can also be called such things as a Marital Settlement Agreement, a Property Agreement, a Divorce Agreement, etc. Regardless of the name of the document, it is a legally binding contract enforceable under contract laws in the state of Pennsylvania. Continue Reading What Is A Postnuptial Agreement and Do I Need One?

This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is also at the end of this article.

Lawsuits generally end in one of three ways:

  • The case can settle out of court. We’ve already talked about settling cases in the post Let’s Get It Started. This is the most likely way a case is resolved.
  • The case can be resolved by a judge or jury at a trial. But unlike what we see in movies and TV, this is the least likely outcome. We’ll talk more about trial for the next post.
  • A “dispositive motion,” i.e. a motion that resolves the case in someone’s favor without a trial. Think of it as a motion that can “dispose” of a case.

For today’s post, let’s take a deeper dive into these dispositive motions. Continue Reading Explaining PA Lawsuits Using Plain Language (Part VI) – As a Matter of Law

When families consider adoption, they have many choices and many decisions. Families can utilize a private adoption agency, where they can provide information to be included in a profile for birth parents to review and determine if that family should be the adoptive resource for their child. Private agencies charge a fee for their services. Families can also adopt through local social service agencies were children are placed because they are dependent. In those cases, no fees are paid to these social service agencies and instead, when children are placed for foster care, and/or adoption, often subsidies are paid to the family for the care of the child placed in their home. Both options result in adoption opportunities for many families, but it is always best to have a full understanding of the process. Whether a child is placed with a family for adoption privately, or through a local social service agency, here are ten questions you should ask at the beginning: Continue Reading Top 10 Things I Should Ask My Caseworker When Considering Adoption

Thank you to Chad Umble at LNP for another informative article regarding Pennsylvania liquor laws.  This one is concerning legislation pending in the PA House of Representatives that would impact the way that grocery stores and convenience stores could operate.

More specifically, the article highlights a bill currently being considered in the House’s Liquor Control Committee that would create a “customer convenience permit” which would enable those holding the permit to deny patrons the ability to consume alcohol on their premises, and also allow them more flexibility in terms of where they have to physically locate the beer and wine within their store.  It also proposes to remove some of the restrictions on how many ounces of alcohol can be purchased in any given transaction. As you might imagine, despite this being called a “customer convenience permit”, it is really a permit that was crafted solely by and for the grocery stores and convenience stores. As correctly pointed out in the article, Walmart is a major proponent of this bill and likely provided much, if not all, of the input on the bill as it was drafted. Continue Reading More about the Proposal for New Liquor Permits

This is a classic story of a divided association Board. Two Board Members think one way while the third Board Member disagrees. In this case, the two new Board Members made some criticisms of prior Boards. The single Board Member, who happened to be the Board President, was on the previous Boards being complained about. This is (unfortunately) not a unique story. The twist in this case is that the solo Board Member filed a defamation suit against the Association. I have had lots of people related to Associations – Board Members, property managers, contractors – ask me about defamation or libel law suits. This is one of the few times I have seen a case make it to Court.

The solo Board Member claimed that the other two Board Members made defamatory statements about him. He alleged that the statements lowered his esteem and reputation among the Board Members and the vendors who work with or for the Association. He said that the two Board Members’ statements caused people in the neighborhood not to associate with him and to “discount his authority as a Board Member.”  Continue Reading Sticks and Stones May Break My Bones, But Publically Criticizing My Actions as President of the Executive Board Will Never Hurt Me

Are you thinking about investing in Pennsylvania real estate? If so, forming a Pennsylvania limited liability company (LLC) has numerous benefits that will save you time and money in the future.

Here are the top five reasons why the LLC has become the entity of choice for investment real estate ownership in Pennsylvania:

  1. Realty transfer tax implications and timing

If you plan on owning real estate in an LLC, timing is critical to avoid paying Pennsylvania’s realty transfer tax more than once. Realty transfer tax in Pennsylvania is 2% of the value of the real estate.

You should form the LLC prior to signing the agreement of sale, and the party entering into the agreement of sale should be the LLC, not one or more of the individuals’ names. The reason for this is that Pennsylvania’s realty transfer tax law provides that a taxable event includes an assignment of an agreement of sale, which would trigger transfer tax twice.

Further, if you buy the real estate in your individual name and later wish to transfer the property into an LLC that is owned by you, you would also be required to pay realty transfer tax on that transfer.

Creating an LLC from the outset would avoid paying more tax than you are legally required to pay under the above two common scenarios.

  1. Limited liability protection for owners of the LLC

The owners (known as members) of an LLC enjoy limited liability for the debts and obligations of the LLC and the negligent acts of other members. A member’s liability is limited to the amount of his or her investment in the LLC, and their personal assets would be protected in the event causing liability. Continue Reading Why (and When) You Should Consider an LLC for Real Estate Investments

The Right to Farm Act protects farmers from being sued by their neighbors.  The RTFA says that a person cannot sue an agricultural operation for a nuisance arising out of a normal agricultural operation more than one year after the operation started or was substantially expanded or altered.  This one year limitation is a “statute of repose.”  That means that neighbors have no more than one year to bring a complaint, even if an injury or problem occurred after the year expired.  A recent case (Burlingame, et al. v. Dagostin) provided another victory for farmers.

In this case, a group of neighbors complained when a farmer began spreading liquefied swine manure (LSM) from its finishing operation onto their farm.  When I say “group of neighbors” I mean a big group.  I counted 83 Plaintiffs in the caption.  The Dagostins operated Will-O-Bet Farm since 1955.  In 2011, they switched from a beef farm to a swine finishing operation.  They received their CAFO permit and nutrient management plan approval in 2012.  They began spreading LSM in June 2013.  In May of 2014, a large group of the neighbors brought a suit for nuisance because of the odors of the manure.  Both the Trial Court and the Superior Court held that the Right to Farm Act did not allow neighbors to bring this action because the action was started more than one year after the agricultural operation started. Continue Reading Nuisance Claims Against Farmer Dismissed by Right to Farm Act

This past spring, I wrote a post about the permitting requirements for businesses and organizations that transact business within the spotted lanternfly (“SLF”) quarantine zone, which includes Lancaster County.  Since that time, we have entered the time of year where the SLF eggs have hatched and the large, red, yellow and brown winged insects have been seen flying around our area.

Recently, I have been seeing more and more information about the SLF and the harms it can cause to local agriculture. Almost every day, I see neighbors posting that they have seen SLFs on their properties and wondering what they should do to get rid of them. (If you’re wondering, too, click here to read the Pennsylvania Department of Agriculture’s guide on how to eliminate or control SLF adults).  Just this morning, Warwick Township, where I live, reported that SLFs have been seen in various locations throughout Warwick Township. They also posted an interesting story map on how the SLF made its way to Pennsylvania.

The good news is that the Pennsylvania Department of Agriculture is offering 31 in-person SLF permit classes through the end of the year. If your business or organization is required to obtain a permit, or if you are simply interested in learning how to curb the threat the SLF poses to our community, you can sign up for the free two-hour class at the Lancaster Farm & Home Center.

Laura McGarry is an attorney at Russell, Krafft and Gruber, LLP in Lancaster, Pennsylvania. She received her law degree from Penn State Law and provides legal counsel to individuals and businesses in Lancaster and surrounding communities.

If you are asking yourself this question, the answer is absolutely yes, you should seek the advice of counsel about whether a Prenuptial Agreement is a good idea for you. Let’s face it, the era of everyone getting married right out of high school and acquiring all of their assets and liabilities together during the marriage is long gone. Chances are, you already have assets and liabilities going into your marriage, or maybe it is even a second marriage, and you really need to understand the impact your upcoming marriage will have from a legal standpoint.

I realize that prenuptial agreements are often regarded as unseemly. But they get an unfair rap. A prenuptial agreement is just the legal document that outlines the understanding of both spouses as to how they wish to maintain their assets both during the marriage, and in the worst case, upon a divorce. It simply codifies the intention of the parties going into the marriage as to how they will keep both separate and joint assets, and treat debts, so that it is perfectly clear how the division of assets and liabilities is to take place upon a divorce. It is often used as part of an estate plan for a second marriage. In fact, just like if you die without a will, without a prenuptial agreement, your marital assets and debts are divided pursuant to the law. Most of us don’t want the law to decide for us what happens with our assets after we die, so we undertake estate planning and sign documents such as Wills in order to control the distribution of our assets. A prenuptial agreement is no different– it puts you in control of what happens to your marital estate upon divorce or death.      Continue Reading Do I need a Prenuptial Agreement?