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Articles Posted in Business Law

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PENNSYLVANIA CREATES NEW CORPORATION KNOWN AS A “BENEFIT CORPORATION”

On January 23, 2013, Pennsylvania will become one of twelve states to have created a new type of corporation known as the “benefit corporation.” Titled the “Pennsylvania Benefit Corporation Act“, the act allows “social” entrepreneurs to focus not only on the bottom line but to also consider other non economic…

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AT WILL EMPLOYMENT DISCLAIMERS – WORD CHOICE MATTERS

The General Counsel’s Office for the National Labor Relation’s Board has recently provided guidance regarding at-will employment disclaimers in employee handbooks. In the past, challenges of unfair labor practices (violation of Section 7 rights) have been successful before administrative law judges where the challenged language was read to imply that…

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Protections for Employees Reporting Illegal Activity

Just this spring, what is usually seen as a pro-business Supreme Court issued a ruling clearly on the side of workers. The case, Kasten v Saint-Gobain Performance Plastics Corp., addressed the question of protection for workers who file complaints against their employers. Smart business owners, with the right policies, will…

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Confidential Settlement Agreements and the Public’s Right of Access

Confidentiality terms in settlement agreements are fairly commonplace, but most people do not know that until recently the courts would often ignore them. Historically, the public’s “right of access” to judicial records outweighed a party’s desire to keep their settlement confidential. This makes sense when the issues involve public interests…

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Pennsylvania Property Owners Not Always Liable for Contractor’s Injuries

The Pennsylvania Supreme Court in a recent decision stated that residential and commercial property owners who hire contractors are not responsible for personal injuries happening during construction on their property. Previously, plaintiffs had argued for a “retained control” exception where property owners could be held responsible for injuries to workers…

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Attorney Client Privilege is now a Two-Way Street in Pennsylvania

Many clients have often been surprised to learn that the attorney client privilege in Pennsylvania did not necessarily apply to advice their attorney’s gave them. Previously, the Pennsylvania Superior Court had held that only communications made from the client to the lawyer were privileged, not those flowing from the attorney…

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Could Your Business Lose Its Name in Pennsylvania?

Many corporations, LLC’s, LP’s, and other businesses registered to operate in Pennsylvania must take action this year to avoid losing the ownership of their name. Pennsylvania law requires something called a “Decennial Report” to be filed every 10 years with the Department of State. The report is filed in every…

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