Bingaman Hess Legal Blog

Dispute Resolution in Real Estate Contracts

Sat, 28 Feb 2026 21:49:08 GMT

Real estate transactions involve substantial sums, complex legal obligations, and multiple parties with competing interests. Even with careful drafting, disagreements can arise over inspection findings, financing timelines, title defects, boundary issues, or failures to disclose material facts. When conflicts surface, the chosen path to resolve these real estate conflicts can have a major impact on costs, timing, and relationships.

Most purchase agreements outline how disputes must be handled. Understanding these mechanisms before a problem occurs helps buyers, sellers, brokers, and investors make informed decisions and manage risk effectively.

Arbitration vs. Court Litigation

Arbitration and court litigation are two ways to settle a disagreement. Both methods result in binding decisions, but they do so in different ways, with different levels of openness and flexibility.

Arbitration is usually private. A neutral arbitrator or panel hears the evidence and decides. The process is typically faster than court cases because the discovery process is easier and there are fewer procedural issues. The parties can select arbitrators who are experts in real estate, but there are limits on the right to appeal, which make it harder to challenge an unfavorable decision.

On the other hand, court litigation occurs within the public judicial system. Judges (and sometimes juries) apply established rules of evidence and civil procedure. Although litigation may offer more extensive discovery mechanisms and clearer avenues for appeal, it can be costly and protracted. Public exposure can also harm a business's reputation and customer relationships.

The better choice depends on what the parties want most: speed, privacy, cost control, or an opportunity to appeal.

Mediation Processes

Mediation is a less confrontational approach. A trained mediator does not make decisions for the parties; instead, they help them have structured conversations to reach a voluntary agreement.

The process usually starts with a meeting where both sides share their perspectives. The mediator then meets with each participant privately to discuss their interests, clarify any confusion, and explore possible settlements. Mediation can keep professional relationships intact and allow for creative solutions that a court might not order, like repair credits, changes to the timeline, or changes to the contingencies.

Mediation is usually faster and less expensive than arbitration or court proceedings. It is not binding unless both sides sign an agreement, but the chances of success are high when both sides act in good faith.

Effective Negotiation Techniques

Strong negotiation can often keep things from getting worse. It is important to be ready: both sides should understand the contract, how the market works, what paperwork they need, and what their best option is if talks break down.

Being clear about what they mean can help both parties be less defensive. Focusing on interests rather than positions could help find ways to reach an agreement. For instance, a seller might want to ensure the deal closes, while a buyer might be concerned about the cost of repairs. An escrow holdback might work for both.

Using objective standards, such as contractor estimates or data on similar sales, can help keep discussions fair. Lastly, hiring experienced agents or lawyers can help keep conversations on track and add structure.

Negotiation can not only settle disagreements but also build trust and protect the value of long-term investments when done carefully.

Contact the Real Estate Lawyers at Bingaman Hess for Help in Resolving Contract Disputes

Experience the benefits of working with a real estate attorney . Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.

Handling Municipal Bidding Procedures and Disputes

Sat, 21 Feb 2026 21:42:34 GMT

When cities, counties, and public agencies buy goods and services, they do so through municipal bidding . Competitive procurement is meant to make sure that taxpayers get a fair deal, that everything is clear, and that they get the best value for their money when building roads, buying fleet vehicles, and signing maintenance contracts.

But for contractors and suppliers, the process can seem very strict, full of paperwork, and not very forgiving. A strong proposal can be rejected if the bidder does not complete the correct form, pay the required bond, or submit it on time. Knowing how procedures work and how disputes are handled helps vendors protect their rights while competing with confidence.

Procedures and Compliance

Most public purchases follow a set path. An agency issues an invitation for bids (IFB) or a request for proposals (RFP) that lists the technical requirements, contract terms, insurance requirements, evaluation criteria, and bid submission deadlines.

Before bid day, compliance starts. Vendors should:

Go over the requirements for qualification.
Visit the site or attend meetings before the bid.
Send in any written questions during the allotted time.
Keep an eye on addenda that could change the scope or pricing instructions.

Every piece of advice is important. Public entities usually have to turn down bids that do not meet all of the required requirements, even if it is just a small technicality. Proper formatting, notarizations, bid bonds, signatures, and acknowledgments of addenda are not just nice things to do; they are required by law.

Smart bidders often create checklists for themselves and assign each document to a specific person. This reduces the need to rush at the last minute and the risk of disqualification.

Handling Objections

Even with careful planning, people can still disagree. A vendor might think that the requirements are too strict, that the evaluation process was unfair, or that the winner did not meet the requirements.

Most of the time, the first chance to object comes before bids are made. If the terms seem unfair, you can bring them up during the question period so the agency can explain or change them. Waiting until after the award can weaken a protest.

Contractors must follow strict rules when challenging a result. These often have short deadlines for filing, require formal written submissions, and need detailed explanations backed up by evidence. If you miss a deadline, you might lose your right to object altogether.

It is also important to stay professional. Municipal owners value long-term relationships, and a well-thought-out, respectful protest is much more effective than an emotional one.

Awarding Contracts

After looking at bids or proposals, agencies usually indicate they are "intending to award." This marks a short period during which vendors who did not win can review the results or file a protest.

The lowest price does not always win the award. In many RFPs, factors such as the technical approach, past performance, schedule, and lifecycle cost are important. Bidders can make better submissions in the future if they know how the evaluation works.

After the protest period ends, the contract moves to the final approval stage, which is usually handled by a council, board, or other governing body. Work can only officially start after execution.

Municipal bidding can be challenging, but businesses that know how to follow the rules, get involved early, and handle disputes will do well in the public sector again and again. They are responsible for every document. This lowers the chance of disqualification and the need to rush at the last minute.

Contact the Municipal Attorneys at Bingaman Hess Today

Contact Bingaman Hess and speak with an experienced municipal law attorney and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Avoiding Common Mistakes in Will Drafting

Sat, 14 Feb 2026 21:34:22 GMT

Writing a will is one of the best things you can do to keep your family safe and make sure your wishes are carried out after you die. But many people make mistakes that do not need to happen, which can cause confusion, fights, or even render parts of the document invalid. A well-written will clearly states what you want to happen to your estate, considers the people who may have a legal claim to it, and stays up to date as your life changes.

Knowing some of the most common mistakes can help you avoid problems and make things easier for your loved ones.

Overlooking Potential Heirs

One of the most frequent problems in will drafting is failing to recognize everyone who might reasonably expect to inherit. When individuals are unintentionally left out—or believe they have been—they may challenge the will in court. This could delay the administration of the estate and increase costs for everyone involved.

Potential heirs might include children from previous relationships, adopted children, or dependents who rely on you financially. In some jurisdictions, spouses also have automatic rights that can override a will's provisions. Even if you intend to disinherit someone, it is often wise to acknowledge them explicitly rather than remain silent. Clear language helps demonstrate that the omission was intentional, not an oversight.

Closely reviewing your family structure and any obligations you may have can go a long way toward stopping future disputes.

Inadequate Details

Another significant issue is unclear or missing instructions. Statements such as "divide my assets fairly" or "leave a reasonable amount" can be interpreted differently, and people often disagree about what they mean.

Be clear instead. List the full names of the beneficiaries, explain how the property should be divided, and say what should happen if one of the beneficiaries dies before you. When choosing guardians for minor children or an executor, you should use the same level of care. If your first choice cannot or will not serve, offering other options can help avoid further problems.

Your executor will be able to follow your instructions more easily and with more confidence if they are straightforward.

Failure to Update Regularly

A will is not a document you create once and forget. Major life events—marriage, divorce, births, deaths, or major financial changes—can all affect whether your will still reflects your intentions.

Outdated documents can produce unintended consequences. An ex-spouse might remain listed as a beneficiary or newly acquired property may not be addressed at all. Regular reviews help ensure your estate plan keeps pace with your life.

Many professionals recommend revisiting your will every few years, even if no dramatic changes have occurred. A quick review today can prevent serious problems tomorrow.

We Can Help You Draft a Will as Part of Your Estate Plan

You can eliminate unnecessary stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.

Do not wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online .

Corporate Governance Disputes

Sat, 07 Feb 2026 21:28:19 GMT

Corporate governance disputes occur when disagreements over authority, accountability, or decision-making disrupt company management. These disputes often involve board members, executives, or shareholders who interpret governance structures, bylaws, or fiduciary duties differently.

While constructive debate can enhance oversight, unresolved disputes may delay strategy, erode partner confidence, and increase statutory and financial risks. As companies become more complex and ownership structures more layered, governance disputes are both more frequent and more significant.

These conflicts reflect a fundamental tension between power and responsibility. Unclear governance mechanisms can escalate disagreements into formal disputes, affecting both internal operations and external reputation.

Board Disputes

One of the most obvious signs of corporate governance conflict is when board members disagree. These usually happen when board members cannot agree on issues such as how much to pay executives, how to plan for the future, the company's overall direction, or how to handle risks. When people have different personalities and priorities, disagreements can get worse. This is especially true in small businesses or family-owned businesses where personal relationships affect business decisions.

Disagreements can also arise when some directors believe others are not doing what is best for the company or are abusing their power. For example, if board members cannot agree on acceptable levels of risk, they might not be able to agree on mergers, acquisitions, or major capital expenditures.

Groups can form on the board, making it hard to reach decisions due to voting deadlocks. These deadlocks can persist for a long time if the rules do not clearly specify how to break ties or what powers people have. This makes it harder for the company to run smoothly. People usually hire outside consultants, mediators, or lawyers to help them avoid these problems from getting worse and turning into lawsuits.

Fiduciary Responsibilities

Fiduciary duties are central to many governance disputes. Directors and officers owe duties of care, loyalty, and good faith to the corporation and its shareholders. Clashes often arise when stakeholders believe these duties have been breached.

Allegations of self-dealing, conflicts of interest, or failure to properly oversee corporate affairs frequently underpin governance challenges. For instance, approving a transaction that benefits certain insiders at the company's expense can trigger accusations of breaching the duty of loyalty. Similarly, failing to adequately review financial reports or risk exposures may constitute a violation of the duty of care.

These disputes are particularly sensitive because they question the honesty and judgment of those in leadership roles. Even if no legal violation is ultimately found, the perception that fiduciary duties were ignored can damage shareholder trust and corporate credibility.

Litigation Outcomes

When disagreements about how to run a business cannot be resolved internally, they often go to court. Litigation can include derivative actions by shareholders, lawsuits between directors, or claims against officers for breaking their fiduciary duty.

There is a wide range of outcomes in court. Judges can order companies to take corrective actions, fire directors, cancel corporate decisions, or award monetary damages. In some cases, lawsuits end with settlements that include changes to the board composition, new oversight procedures, or amendments to the bylaws.

No matter what happens, going to court is expensive and time-consuming. It takes leaders' attention away from running the business and can hurt the company's reputation for a long time. Because of this, many businesses put significant effort into ensuring that their governance policies, paperwork, and dispute-resolution processes are clear and easy to follow, so problems do not reach this point.

Experienced Litigation Attorneys You Can Trust

An experienced civil litigation attorney will specialize in representing parties involved in corporate governance disputes. Whether you are the plaintiff or defendant, the expert legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Product Liability Cases

Wed, 28 Jan 2026 23:40:10 GMT

When a person is injured or suffers damages due to a faulty or dangerous product, they can file a product liability claim. These civil litigation cases are an important part of consumer protection law because they hold the responsible parties accountable for the products they sell.

Product liability claims can be made for anything from cars and household appliances to medical devices and industrial equipment. Those who have been hurt or damaged, and want to assert their rights, need to know how these cases work.

At their core, product liability cases focus on whether a product was unreasonably dangerous and whether that danger caused harm when the product was used as intended—or in a reasonably foreseeable way.

Defective Product Claims

There are three main types of defective product claims: design defects, manufacturing defects, and failure-to-warn or marketing defects. A design flaw is when a product's basic design is unsafe, even if it is made correctly. When a mistake during production changes a product from its original design, it may become dangerous. This is called a manufacturing defect. When a product lacks sufficient instructions or warnings about known risks, that's when failure-to-warn claims arise.

People can sue for negligence, strict liability, or breach of warranty. Strict liability is significant because it doesn't require the injured person to prove that the other person was careless; it only requires that the product was flawed and caused harm. This legal standard puts significant pressure on businesses throughout the supply chain.

Risk Assessments

To prevent product liability claims , companies must conduct thorough risk assessments. When designing, testing, and manufacturing a product, they must consider the risks that may arise. These considerations include assessing how the product might be misused, evaluating the materials used, and testing its performance in real-world situations.

Risk assessments should also consider events that occur after the product is first released. Monitoring customer feedback, warranty claims, and incident reports can help to identify problems before they escalate and cause significant damage or lawsuits. A good risk management plan includes regular inspections, quality control checks, and ensuring that everything meets industry standards and regulations.

Defense Strategies

Defendants may say that the product was not faulty, that it was changed or misused after it was sold, or that the injury was caused by something other than the product. Showing that you followed the rules and best practices in your industry can help your case.

Other strategies include questioning expert testimony, arguing about the amount of damages, or showing that the plaintiff's actions caused the injury. In some cases, settling early might be the best way to keep costs down and protect your reputation. In the end, a strong defense is built long before a lawsuit starts, through good design, complete records, and proactive risk management.

Experienced Litigation Attorneys You Trust

Our civil litigation attorneys specialize in civil litigation cases. The experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Policy Formulation and Compliance Oversight for Municipalities

Sat, 24 Jan 2026 23:49:12 GMT

Municipal governments have various responsibilities. They must serve the public, meet legal requirements, and keep the community’s trust. To do this, they need to create clear policies and closely follow regulations.

Municipalities face more complex regulations, including environmental rules, procurement regulations, and data privacy regulations. Because of this, having a structured approach to developing policies and overseeing compliance is now essential for good governance.

Developing Policies

Effective municipal policies start with a clear sense of purpose and authority. Each policy should address a specific problem, comply with the law, and support the municipality’s goals. Developing strong policies often involves researching best practices, reviewing legal requirements, and considering how the policy will affect staff, budgets, and technology.

Clear policies are essential. They should use plain language and clearly explain roles, responsibilities, and the steps involved. If policies are unclear, they can be applied inconsistently, confuse employees, and increase legal risks. Municipalities should also establish a formal process for policy development, including drafting, approval, implementation, regular review, and updates. This helps keep policies up to date as rules and community needs change.

Compliance Reviews

Creating policies is just the first step. Making sure people follow them is equally important. Regular compliance reviews help municipalities ensure their practices align with external regulations and their own policies. These reviews can include audits, self-checks, or external evaluations, depending on the risks and applicable rules.

By regularly reviewing compliance, municipalities can spot problems before they become violations, helping them avoid fines, lawsuits, and reputational damage. These reviews also help improve processes by finding weaknesses or outdated steps. Compliance should be an ongoing effort, supported by clear records and reporting, to ensure rules are consistently followed.

Stakeholder Engagement

Getting input from stakeholders strengthens policymaking and compliance. Internal stakeholders, such as council members, managers, and staff, know how policies work in daily operations. Involving them builds support and helps make sure guidelines are followed consistently.

External stakeholders, such as residents, businesses, community groups, and regulators, also play a vital role. Public consultations can reveal concerns, spot unexpected problems, and make the process more transparent. Talking to regulators early, especially for complex or high-risk issues, helps clarify expectations and reduces compliance uncertainty.

Involving stakeholders at every stage of policy and compliance builds trust and accountability. It shows the municipality values teamwork and responsible leadership. In the end, municipalities that combine careful policymaking, robust compliance checks, and active stakeholder involvement are better equipped to address challenges and deliver effective services to the community.

Talk to One of the Municipal Attorneys at Bingaman Hess

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Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

The Process of Probating a Will

Sat, 17 Jan 2026 23:44:08 GMT

When someone dies, if an estate is formed, it needs to be handled correctly. If the person created an estate plan and left a valid will, this process usually includes probate. Probate can sound intimidating, but understanding how it works can help executors and beneficiaries know what to expect and avoid stress or delays.

Understanding Probate

Probate is a legal process that verifies the validity of a deceased person's will and ensures that their debts and taxes are paid before any assets are distributed to beneficiaries. The process usually starts when the executor of the will files a petition with the Register of Wills.

The executor then has to confirm the decedent’s assets and determine their value. Notices are issued to the proper parties. An inheritance tax return is prepared and filed with a distribution to beneficiaries occurring later if there are available monies to distribute. Probate can take anywhere from a few months to over a year, depending on how complicated the estate is.

Avoiding Probate

Many people choose estate planning methods that make probate unnecessary or less necessary. For example, property owned by more than one person with rights of survivorship passes to the surviving owners automatically.

Beneficiary designations on life insurance policies, retirement plans, and bank accounts that pay out upon death also occur outside of probate. Avoiding probate can save time and money, but it's important to balance these strategies with careful planning to ensure assets are distributed as intended.

Role of the Probate Court

The court resolves problems, such as challenges to the will or disagreements among beneficiaries. The probate court provides structure and oversight, helping ensure that the deceased’s wishes are fulfilled and the estate is handled fairly and appropriately.

We Can Help You Create an Estate Plan

You can eliminate much of the stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Legal Strategies for Land Development

Sat, 03 Jan 2026 23:33:39 GMT

Developing land can be a complicated process. It often requires legal expertise, careful planning, expert engineering, and attention to public policy. For projects involving residential subdivisions, commercial centers, or mixed-use developments, a solid legal strategy can help determine their success.

Developers must guide the process through zoning laws, environmental regulations, municipal approvals, and potential conflicts while managing risk, timelines, and costs. A preventive legal method will help developers anticipate obstacles, protect investments, and move forward smoothly.

Obtaining Approvals

Acquiring approvals can be time-consuming and frustrating because it often involves obtaining zoning and site plan approvals, as well as environmental and building permits. Each jurisdiction has its own regulatory framework, submission requirements, and review timelines.

Detailed due diligence—such as reviewing zoning bylaws, official plans, environmental constraints, title issues, easements, and restrictive covenants —is necessary. Attorneys can uncover conflicts between the proposed development and existing regulations, permitting developers to modify plans early in the process or prepare variance or zoning applications. Clear, well-documented submissions also reduce the risk of delays, requests for revisions, or outright denials.

Working with Local Governments

Successful land development often depends on effective collaboration with local governments and planning authorities. Municipal councils, planning departments, and technical review committees all influence whether a project advances smoothly. Legal experts play a key role in managing these relationships by ensuring compliance, interpreting policy objectives, and representing the developer.

Early engagement is a critical strategy. Pre-application meetings allow developers and their legal teams to understand municipal priorities, identify possible issues, and align development proposals with long-term planning goals. An attorney may also assist in negotiating development agreements, conditions of approval, servicing agreements, and cost-sharing arrangements. Clear, enforceable agreements help avoid confusion and protect the developer’s rights throughout construction and beyond.

Legal Obstacles in Land Use

Even with careful planning, land development projects may encounter legal issues with regulators, community groups, nearby landowners, or competitors. Zoning appeals, environmental objections, permit denials, or claims of non-compliance are all common reasons for disputes. If these problems are not handled carefully, they can make projects take much longer and cost considerably more.

A good legal strategy works on both stopping problems from happening and fixing them when they do. Keeping good records, following the rules for obtaining approval, and being open and honest with stakeholders all help prevent conflicts. When there are disagreements, lawyers may represent developers in court, in negotiations, or at administrative hearings, seeking results that keep the project moving forward.

In land development, legal strategy isn't just a reaction; it's an essential part of ensuring a project goes smoothly.

Contact the Real Estate Lawyers at Bingaman Hess Today

If you are considering a land development project, talking to an experienced real estate lawyer should be your first step. Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Board Governance in Municipal Entities

Sat, 27 Dec 2025 22:50:55 GMT

Strong board governance results in excellent performance, accountability, and the public’s trust in municipal governments. Whether they are overseeing utilities, transit authorities, housing corporations, or other public agencies, board members play a critical role in shaping long-term strategy, ensuring fiscal responsibility, and safeguarding the public interest.

Unlike private-sector boards, municipalities operate within a framework of heightened transparency, community expectations, and statutory obligations. Effective governance requires making sound decisions and having a total understanding of the unique environment in which they operate.

Effective Governance

Sound governance starts with clear roles and responsibilities. Management carries out the orders issued by the boards that have set the organization's strategic direction, established policies, and monitored its performance. Maintaining this separation prevents micromanagement and allows leadership teams to work well together.

A well-run board puts accountability first by using strong reporting systems, regularly checking on financial and operational performance, and ensuring that it identifies risks and addresses them before they become problems. Transparency is just as important. Decisions should be well documented, made public when necessary, and aligned with the entity's mission.

The makeup of the board also affects how well it works. A strong municipal board has members with diverse skills, such as finance, law, community development, operations, and governance, as well as representatives of the community the board serves. Regularly checking how well the board is doing, both as a group and as individuals, helps them get better and makes them better able to serve the public.

Legal Obligations

Board members of local governments must deal with many complex laws. Often, their duties include complying with municipal bylaws, public sector laws, freedom of information laws , conflict-of-interest rules, and other relevant financial and procurement regulations. These rules are in place to ensure that decisions are made fairly and that public money is used wisely.

Directors have a duty to act honestly, in good faith, and in the best interest of the business. This means being careful, diligent, and skilled in everything the board does. It is not optional to know what the law says; if you don't, the entity and, in some cases, individual board members could face legal action. So, boards need to ensure their governance practices and organizational policies are in line with the law.

Training and Support

Board members need regular training and support to perform their jobs effectively. New directors should learn about the organization's mission, governance structure, financial structure, and important operational challenges during their orientation. Directors need to keep learning about risk management, ethics, municipal legislation, and strategic planning to stay up to date and competent in a changing governance environment.

Board members make better decisions when they have access to accurate information and professional guidance. Management should give boards clear, timely information. Boards may also need to seek outside legal, financial, or governance advice when needed. Investing in training and support builds boards that are confident and skilled enough to handle complex situations and provide effective oversight to their communities.

Contact the Municipal Attorneys at Bingaman Hess Today

Do you want to reap the benefits of working with a municipal lawyer ? Contact Bingaman Hess to schedule a consultation with one of our experienced municipal law attorneys and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Minimizing Estate Taxes with Strategic Planning

Sat, 20 Dec 2025 22:44:10 GMT

Estate taxes might take a considerable chunk out of the money you wanted to leave to your heirs. Tax laws vary in different places and change over time, but one thing stays the same: the best way to lower your tax burden is through estate planning .

Individuals can protect more of their assets and make it easier for their wealth to pass on to the next generation by learning about and using tools like exemptions, deductions, gifting strategies, and life insurance. Strategic estate planning not only lowers taxes, but it also gives families peace of mind, clarity, and security.

Utilizing Exemptions and Deductions

One key component of tax-efficient estate planning is using exemptions and deductions already built into the tax system. Most estates will benefit from a federal tax exemption that shelters most assets from taxes. The exemption usually adjusts annually, so you should keep track of the current limits. Also, married couples have an unlimited marital deduction that allows assets to pass tax-free to the surviving spouse.

In addition, portability rules allow the surviving spouse to utilize the unused amount of their partner's federal exemption, which effectively doubles the amount shielded from estate tax.

Charitable deductions offer yet another way to reduce the value of a taxable estate. Those who make donations during their lifetimes or with a will can remove significant assets from the taxable estate while supporting meaningful causes.

Gifting Strategies

Gifting is one of the most effective ways to minimize estate taxes while providing meaningful support to loved ones. Annual gifts allow individuals to give up to a specific amount per recipient each year without incurring gift taxes or reducing their lifetime exemption. Over time, these yearly gifts can substantially reduce the size of an estate.

For larger transfers, lifetime gifts can be made using the federal gift tax exemption. Although these gifts count toward the overall lifetime limit, shifting high-growth assets early allows future appreciation to occur outside the estate, reducing future tax exposure.

Other specialized strategies, such as funding 529 education plans, creating irrevocable trusts, or paying medical or tuition expenses directly to institutions, can further reduce taxable assets while benefiting beneficiaries in practical ways.

Role of Life Insurance

Life insurance is another financial planning tool that can help offset potential estate taxes or provide liquidity for heirs. Professional planners often recommend an irrevocable life insurance trust (ILIT) to keep the policy proceeds out of the taxable estate. An ILIT can allow beneficiaries to receive tax-free funds to pay estate taxes and expenses or to preserve family assets such as a business or real estate.

Including life insurance in an estate plan ensures that heirs will have the resources they need without having to sell valuable assets. The combination of life insurance, exemptions, deductions, and gifting is a holistic approach to minimizing estate taxes.

We Can Help You Minimize Estate Taxes

Estate taxes can erode the wealth you wanted your heirs to have. We can help you implement strategies in your estate plan that will help to minimize those taxes.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Crisis Management and Communication

Sat, 13 Dec 2025 22:32:00 GMT

In today's highly connected corporate world, a company crisis can quickly get out of hand. Whether it was caused by operational problems, cyberattacks, staff misconduct, or events outside the company's control, how they handle this critical time can have lasting effects on their reputation, profitability, and shareholder trust.

Companies can no longer choose whether to have strong crisis management and communication; these are now fundamental strategic abilities that allow them to cope with uncertainty with confidence, openness, and strength.

Developing Crisis Management Plans and Protocols to Respond to Emergencies and Reputational Threats

Proactive preparation is the foundation of successful crisis management. Organizations should start by identifying the risks in their operations, technology, finances, and reputation. From there, businesses may establish systematic crisis management procedures that clearly define roles, responsibilities, and escalation pathways.

A well-designed crisis protocol typically includes:

A cross-functional crisis response team capable of rapid decision-making.
Transparent communication chains to ensure accurate and timely information flows.
Scenario-based planning to prepare for everything from product failures to social media controversies.
Training and drills that allow teams to test response strategies under realistic conditions.

Equally important is stakeholder communication. Maintaining trust requires honesty, empathy, and consistency. Organizations should immediately do the following:

Prepare message templates
Designate trained spokespersons
Ensure communication channels are ready to deploy

The goal is simple: respond quickly, minimize confusion, and demonstrate accountability.

Legal Considerations for Corporate Crisis Communications and Media Relations Strategies

In the middle of a crisis, companies should be aware of their legal obligations and their possible liabilities. All communications must be accurate, free of speculation, and aligned with regulatory requirements.

Legal counsel's crucial role is to review messages to avoid unintended admissions of fault, breaches of confidentiality, or violations of securities regulations.

Although transparency is important, companies must ensure that their statements do not reveal sensitive data, compromise any investigations, or create legal exposure.

By establishing clear guidelines for spokespersons and maintaining a coordinated effort among the legal, communications, and executive teams, the organization can balance openness with protection of its interests.

Case Studies of Successful Crisis Management Strategies and Lessons Learned from Corporate Crises

Several well-known corporate responses illustrate the best practices for communicating during a crisis. For example, after a major product contamination issue, Johnson & Johnson's swift recall of Tylenol in the 1980s remains the gold standard in responsiveness. They made consumer safety their priority by communicating openly and implementing tamper-proof packaging. These moves ultimately restored public trust.

In more recent cases, companies that faced cybersecurity breaches responded with timely disclosures, clear guidance for affected customers, and visible involvement by each of the company's leaders.

These cases highlight that successful crisis management strategies are based on transparency, empathy, and decisive action, reinforcing the idea that how a company communicates during a crisis matters as much as the actions it takes to resolve it.

Consult With a Corporate Attorney from Our Legal Team

The corporate attorneys at Bingaman Hess will help your organization manage the various risks it encounters. Contact us today to schedule a consultation. Our corporate attorneys provide the highest level of representation and personalized attention.

Tort Claims in Business Conflicts

Sat, 06 Dec 2025 22:23:01 GMT

Occasionally, businesses encounter challenges that go beyond the typical contract disputes and enter the realm of tort law. People or companies can recover money through tort claims litigation if these actions cause damage intentionally, by accident, or through bad behavior.

These claims can arise in routine commercial situations, including when partnerships collapse, problems arise between competitors, or professional relationships fall apart. They can negatively affect a company's reputation and revenues.

Once businesses grasp the basic types of tort claims and how courts evaluate who is responsible, they can better handle risk and respond effectively when problems develop.

Negligence Claims

Negligence is among the most common torts asserted in business conflicts. These claims arise when a party fails to exercise reasonable care, resulting in financial loss, property damage, or other harm to another business. To succeed in a negligence claim , the plaintiff must prove four elements: duty, breach, causation, and damages.

A duty may arise from professional responsibilities, industry norms, or particular business affiliations.
A breach occurs when someone fails to meet the standard of care expected in similar situations. For example, a supplier failing to follow proper quality-control procedures, or a company failing to follow important safety rules.
To prove causation, one has to show that the breach directly caused the harm you are claiming.
Damages must also be measurable and supported by evidence.

Many businesses spend considerable money on compliance, training, and documentation to reduce their risk of being sued for negligence, as such claims can lead to enormous payouts.

Defamation Cases

When competition is high, a company's reputation is one of its most valuable assets. Libel is when someone writes something that harms a business's reputation, and slander is when someone says something that damages a business's good name. These conflicts often occur when companies or their leaders are trying to sell something, are in the middle of tough negotiations, or are fighting over something in public.

For the plaintiff to win, they must show that the defendant made a false statement presented as fact, told it to someone else, and that it hurt the plaintiff's reputation or finances. Depending on the parties involved, courts also consider whether the defendant was careless or acted with real malice.

Defamation cases can attract a lot of public attention, which can be dangerous in more ways than just financial. That's why being careful when talking to others and checking facts in any business situation is essential.

Liability Assessments

When tort claims emerge, courts undertake detailed liability assessments to determine who is responsible and to what extent. This is a painstaking process that involves reviewing contracts, internal communications, regulatory standards, and expert testimony to determine what a reasonable party would have done in similar circumstances. Comparative fault may also be applied, assigning percentages of liability to multiple parties when shared responsibility exists.

For businesses, understanding how liability is evaluated is crucial for strategic decision-making, whether they are negotiating settlements, pursuing insurance coverage, or implementing operational reforms. Effective risk management, clear documentation, and proactive legal guidance can significantly reduce exposure to tort claims and help resolve conflicts efficiently.

Experienced Litigation Attorneys You Can Trust

An experienced civil litigation attorney will specialize in representing parties involved in tort claims. Whether you are the plaintiff or defendant, the expert legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Structuring Joint Ventures in Real Estate

Sat, 22 Nov 2025 01:03:02 GMT

Real estate joint ventures are becoming increasingly popular among a wide range of investors, developers, and landowners because they bring together not only resources but also knowledge. Joint ventures create opportunities that are hard, if not impossible, to achieve on your own.

For example, they can help pay for a significant development or give you access to prime land. But how the partnership is set up has a significant effect on its effectiveness. A clear agreement—prepared by a real estate attorney --sets expectations, reduces conflict, and makes sure the project goes smoothly from start to finish.

Partnership Agreements

Any joint venture revolves around a partnership agreement—a legally binding document that outlines the parties' rights, obligations, and contributions. It needs to specify who brings what to the table —whether capital, property, or industry know-how. It should clarify ownership percentages, profit-sharing agreements, and voting or decision-making authority.

Transparency and balance are paramount here—investors who put in the money would want their preferred return, and developers who put in labor and experience would want performance incentives. The agreement also needs to specify how key decisions will be approved, including project financing, budgeting, and major design amendments. A clear governance structure avoids misconceptions and keeps all partners on board throughout the project cycle.

Division of Responsibilities

A clear division of responsibilities is necessary for joint ventures to work. In most cases, one partner is responsible for "operating" the project, which includes managing day-to-day tasks, obtaining permits, and coordinating contractors. The other partner is the "capital partner," who provides capital, oversees finances, and offers strategic advice.

A good structure makes sure that both partners' strengths are used to their fullest. For example, a developer with extensive local experience might handle construction and obtaining permits, while an institutional investor handles financing and reporting. Clearly outlining each person's responsibilities and how they will be held accountable in the agreement helps keep the project running smoothly and lowers the chance of disagreements. Regular updates, such as progress reports and milestone reviews, keep both of them up to date and engaged.

Exit Strategies

Since no real estate joint venture will last forever, defining exit strategies at the outset is of utmost importance. The agreement should include terms governing when and how its partners can leave the project through a sale, buyout, or refinancing.

Common exit structures include buy-sell clauses , in which one partner can offer to purchase the other's interest at a predetermined valuation method, and right-of-first-refusal clauses, which ensure existing partners have the opportunity to buy out a partner before any external sale. Setting these parameters early helps prevent conflicts and ensures all parties have a clear understanding of how profits—and responsibilities—will be distributed at the project's conclusion.

A well-structured joint venture engenders trust, minimizes risk, and positions all parties for long-term success. With thoughtful planning, transparency, and explicit exit provisions, real estate partnerships can achieve profitability and stability.

Contact the Real Estate Lawyers at Bingaman Hess Today

Experience the benefits of working with a real estate lawyer. Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Landlord-Tenant Laws and Municipal Regulations

Sat, 15 Nov 2025 00:56:05 GMT

In the United States, a combination of federal, state, and municipal laws governs landlord-tenant relationships. Lawmakers enacted these laws to balance the rights and responsibilities of both parties, ensuring that tenants have access to safe, habitable housing and that landlords can protect and manage their real estate investments.

Because regulations can vary widely from one jurisdiction to another, both landlords and tenants benefit from understanding the local ordinances and state statutes that apply to their rental agreements. For landlords, compliance is not just a best practice—it is a legal necessity that protects against penalties, lawsuits, and damage to their professional reputation.

Compliance with Regulations

To be compliant, both parties must be aware of the laws at all levels. Landlord-tenant laws in most states cover essential issues like security deposits, rent increases, notice requirements, and the eviction process. Property maintenance codes, occupancy limits, zoning rules, and rental registration programs are among the regulations that municipal governments often adopt.

Landlords may be required to register their property with the city, ensure safety systems are up to code, and provide all legally required disclosures, such as information about lead paint or mold.

On the other hand, tenants must comply with the terms of the lease, pay rent on time, and keep the property in good condition. If either party fails to meet these obligations, they could face legal or financial consequences. Landlords can stay up to date on complex, ever-changing rules and protect their business interests by hiring an experienced real estate lawyer.

Dispute Resolution

When conflicts arise, knowing the proper dispute resolution process can save time and money. Common issues include late rent payments, property damage, maintenance concerns, or disagreements over lease provisions. If mediation or alternative dispute resolution does not result in a settlement of the dispute, proceeding to a formal hearing will be required.

Proper documentation—such as written notices, receipts, and correspondence—plays a crucial role in protecting each party's legal position. A skilled attorney can guide clients through the resolution process, ensuring that filings, notices, and hearings are handled correctly and in compliance with state and local law.

Tenant Protections

Most of the time, housing law in the US is now about protecting renters. The Fair Housing Act prohibits the federal government from discriminating against renters. State and local laws often specify how much rent can increase, how much notice must be given before a lease ends, and what conditions must be met for a place to be safe to live in. Some cities have additional protections, such as laws that allow landlords to evict someone for "just cause" or rent control measures.

These laws ensure that tenants have safe, fair housing and provide landlords with clear rules to follow. Understanding and respecting these protections can help both sides avoid legal problems and build stable, professional rental relationships. Law firms that focus on landlord-tenant law are significant in assisting their clients to navigate these complex rules—protecting rights, ensuring everyone follows the rules, and promoting fair outcomes.

Trust Our Experienced Municipal Attorneys

Our landlord-tenant and municipal attorneys at Bingaman Hess will help you navigate complex municipal transactions, including landlord-tenant laws. From representing individuals to guiding corporations, we have you covered. Regarding municipal matters, we don't just follow the rules—we know how to leverage them to your advantage.

If you have questions or need help navigating the process, call us at 610.374.8377 or find us online.

Corporate Boardroom Dynamics and Decision-Making

Sat, 08 Nov 2025 00:49:16 GMT

In today's complex business world, the choices made in the boardroom can make or break a company. Corporate boards determine how companies are managed, while ensuring that their leaders' decisions align with the company's long-term goals, the needs of its stakeholders, and the requirements of corporate law .

How board members, executive officers, and shareholders communicate can also affect the company's direction, reputation, and ability to stay in business in competitive markets.

Role of Corporate Boards in Setting Strategic Direction and Overseeing Management Performance

A company's board of directors decides the firm's direction, then ensures that its managers lead it there effectively. This dual responsibility requires a balance between creative thinking and careful supervision. Boards work with executive teams to develop plans aligned with the organization's mission, approve major financial decisions, and assess the business's risk.

Excellent boards offer advice and monitor activities. They conduct regular performance reviews of the CEO and other senior managers to ensure that their actions align with the company's strategic goals. When the board and management communicate openly, it builds trust, which helps the company address new problems and opportunities more quickly.

Best Practices for Effective Board Governance, Including Board Composition and Leadership Structure

Strong governance begins with the right mix of people and leadership. A diverse board, reflecting a variety of professional backgrounds, skills, and perspectives, makes more balanced and informed decisions. Boards that include members with expertise in finance, technology, sustainability, and human resources can better navigate complex, multifaceted issues.

Leadership structure also plays a crucial role. Separating the roles of the CEO and board chair can prevent conflicts of interest and promote independent oversight. Committees dedicated to audit, compensation, and risk management further strengthen governance by focusing expertise on specific areas. Regular board evaluations, continuing education, and open dialogue contribute to a culture of accountability and continuous improvement.

Additionally, effective governance relies on ethical conduct and clear policies. Boards must set the tone for corporate integrity by adopting transparent reporting practices and ensuring decisions reflect both shareholder and stakeholder interests.

Legal Duties and Liabilities of Corporate Directors and Officers in Decision-Making Processes

Corporate directors and officers have significant legal responsibilities under fiduciary duty principles. They must act in good faith, exercise due care, and prioritize the corporation's best interests over personal gain. The duty of care requires directors to make informed, prudent decisions, while the duty of loyalty demands that they avoid conflicts of interest and self-dealing.

Failure to fulfill these duties can expose directors and officers to legal liability, including shareholder lawsuits or regulatory penalties. When boards maintain detailed records, seek independent advice, and adhere to corporate bylaws, they can mitigate most of these risks. Ultimately, sound judgment, transparency, and integrity are the cornerstones of effective and lawful corporate decision-making.

Consult With Our Legal Team

A corporate attorney at Bingaman Hess will help your organization develop the training and development to ensure ethical decision-making throughout the company. Contact us today to schedule a consultation. Our corporate attorneys provide the highest level of representation and personalized attention.

Navigating Commercial Lease Disputes

Sat, 25 Oct 2025 23:15:48 GMT

Commercial leases are a common feature in many business operations today, as they provide companies with the necessary space for growth and stability. However, there are disputes surrounding these leases at times. When these disputes arise, they can disrupt operations, strain finances, and damage relationships. A civil litigation attorney can advise landlords and tenants of the causes of these conflicts so that they can avoid litigation by employing strategies to resolve them.

Lease Agreement Disputes

Some commercial lease disputes stem from ambiguities or oversights within the lease agreement itself. These contracts are often lengthy and highly detailed, covering rent structures, maintenance obligations, permitted use, and renewal terms. Issues may arise when language is vague or open to multiple interpretations.

Disagreements may occur over responsibility for repairs and improvements. For example, a landlord might argue that the tenant is responsible for certain repairs, but the tenant believes the landlord is responsible.

These disputes can also arise over rent escalation clauses if the method of rent increase is unclear. If the terms are not updated during renewal periods, or if the documentation isn't consistent, it can also lead to conflict.

Companies can mitigate these risks by conducting thorough legal reviews before signing a lease and ensuring that the lease clearly outlines their rights. Being transparent from the start makes it less likely that problems will arise later.

Landlord-Tenant Conflicts

Some possible points of contention include late payments, unpaid rent, or claims that the tenant is not adhering to zoning or permitted use rules. Tenants may also complain about the condition of the property, stating that landlords have not maintained basic services, such as heating, plumbing, or parking.

Landlords, on the other hand, may accuse tenants of property damage, unauthorized alterations, or disruptive operations that affect neighboring businesses. In some cases, broader economic factors—such as sudden market downturns—can increase tensions as tenants struggle to meet rent obligations. At the same time, landlords rely on steady income to cover their own financing and upkeep costs.

A communication breakdown can cause even minor issues to escalate into full-scale disputes, threatening both business continuity and property value.

Resolution Strategies

A plan for solving problems can save time, money, and relationships. The first step is open communication. It sometimes possible to resolve disagreements through direct discussion.

Mediation may also be possible. A neutral third party facilitates communication between the parties and helps them find a middle ground without resorting to court action. Arbitration is another option. It is a more formal process, and both sides must follow the decision rendered.

Litigation is often the last resort when the parties cannot resolve disputes privately. But it can be costly and time consuming.

The best way to avoid long-lasting arguments is to take proactive steps, such as writing clear agreements, maintaining open lines of communication, and keeping detailed records of all interactions.

Experienced Litigation Attorneys You Can Trust

An experienced civil litigation attorney will specialize in representing parties involved in real estate contract breaches. Whether you are the plaintiff or defendant, the expert legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Handling Security Deposits

Sat, 18 Oct 2025 19:45:03 GMT

Security deposits are part of nearly every rental agreement. They offer landlords financial protection against unpaid rent or damage and give tenants an incentive to maintain the property.

However, these deposits often become a source of conflict if they are not managed properly. An experienced real estate attorney can help landlords and tenants avoid disputes by explaining the laws governing these deposits, the proper procedures for handling them, and the specific rental rules that apply in their state.

Legal Regulations

Most jurisdictions have straightforward regulations regarding security deposits, including the amount that landlords may charge, the manner in which the money must be held, and the conditions under which it should be returned. In most cases, landlords are required to keep the deposit in a separate account and may also be required to pay interest on the funds.

The amount of the deposit is often capped, usually equal to one or two months’ rent. Landlords must also provide tenants with a written statement detailing the purpose of the deposit and the conditions under which deductions can be made. Landlords who fail to follow these regulations may be subject to penalties, including the forfeiture of the right to retain any portion of the deposit.

Handling Disputes Over Deposits

Disputes typically arise when tenants believe that landlords are unfairly withholding rent money. Common points of contention include disagreements over what constitutes normal wear and tear versus damage. For example, faded paint or minor carpet wear is considered normal, while holes in the wall or broken fixtures may justify deductions.

To reduce conflict, landlords should provide a detailed move-in and move-out inspection checklist, ideally with photos. Clear communication and documented evidence make it easier to justify deductions or to challenge them if you are a tenant. If the parties cannot resolve the disputes directly, they could end up in mediation or small claims court.

State-Specific Guidelines

Although general principles are consistent, security deposit rules vary from state to state. For instance, some U.S. states require landlords to return the deposit within 14 days, while others allow up to 60 days or have no statutory deadlines. In Pennsylvania, landlords have 30 days to return security deposits, and are fined twice the deposit amount for failure to comply.

It is best to review the local landlord-tenant laws before entering into a lease. Both parties should familiarize themselves with the timelines, limits, and procedures applicable in their region to avoid misunderstandings and potential legal consequences.

Contact the Real Estate Lawyers at Bingaman Hess for Help with Security Deposits

Experience the benefits of working with a real estate attorney. Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney . Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.

Municipal Litigation: Strategy and Defense

Sat, 11 Oct 2025 19:38:31 GMT

Municipalities face numerous legal challenges, such as land-use disputes, contract claims, civil rights lawsuits, and high-profile scandals. However, unlike private businesses, they must maintain transparency and find a balance between what taxpayers, elected officials, and community members want and need.

Winning cases is only one reason for choosing an experienced municipal attorney . It is also about maintaining community stability, protecting public resources, and preserving the public's trust.

Strategies for Defense

The first step in building a strong municipal defense is to do an early assessment, which involves identifying legal risks, determining the extent of exposure, and learning about political sensitivities.

To ensure consistency between legal defense and public messaging, municipal attorneys must collaborate with city managers, council members, and department heads. Cost control is just as important – municipalities often utilize risk pooling or insurance companies, so effectively managing and preparing a defense within cost expectations is also a critical component to early case strategy.

Handling High-Profile Cases

When litigation touches sensitive community issues—such as police conduct, zoning disputes, or environmental impact—the stakes rise dramatically. High-profile cases often attract media attention and fuel public debate, making reputation management as important as legal defense.

Municipalities must prepare parallel "trials" in both courtrooms and the court of public opinion. Strategies often include designating spokespersons, releasing transparent updates, and carefully balancing confidentiality with accountability. Engaging subject-matter experts—whether in policing practices, engineering, or finance—can also help strengthen credibility and provide juries and judges with compelling technical insights.

Success Stories

Municipalities across the country have won lawsuits by using strict defense strategies. Some have been able to win class-action lawsuits by stressing strict compliance records and precise documentation. Others have prevailed in land-use disputes by demonstrating that zoning decisions were guided by legitimate planning objectives rather than arbitrary considerations.

Overall, municipalities that made investments in policy creation, training, and meticulous documentation were better equipped to fend off accusations of wrongdoing. Generally, municipalities can achieve success by maintaining order, safeguarding local resources, and implementing improved procedures, all of which increase public trust.

Contact the Municipal Attorneys at Bingaman Hess Today

Contact Bingaman Hess and speak with an experienced municipal law attorney and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Guardianship for Minors and Dependents

Sat, 04 Oct 2025 19:32:23 GMT

Guardianship is a legal arrangement, set up by an estate planning attorney , that grants a responsible adult the authority to care for a minor or dependent who is unable to manage their own personal, financial, or medical needs. This step ensures that vulnerable people have stability, safety, and support when their parents or primary caregivers are unable to provide these things. Families who want to protect the health and safety of their children or dependents in the event of an emergency need to understand what guardianship is.

Factors to Consider

When establishing guardianship, families must carefully weigh a range of factors. The first is the best interests of the child or dependent. This includes considering the emotional bond between the potential guardian and the minor, as well as the guardian's ability to provide a safe, nurturing environment.

Financial stability also plays an important role. A guardian should have the resources—or access to resources—to meet day-to-day needs such as food, shelter, clothing, and education.

Health is also important: guardians need to be able to make medical decisions and help the dependent stay healthy both physically and mentally.

Lastly, don't forget to consider cultural values, religious beliefs, and how well your lifestyles align. A good guardian should be able to preserve traditions and ensure that the child or dependent's life continues as usual.

Legal Procedures

The process for choosing a guardian varies in each jurisdiction, but it usually involves filing a petition with the court. For guardianship to be granted, the courts need proof that it is in the best interests of the dependent. This could include evidence such as testimony, financial records, or papers that demonstrate the parents are unable to provide sufficient care.

In most cases, the court will conduct background checks and assess the prospective guardian's ability to take on the role responsibly. Once approved, the guardian is granted legal authority to make decisions on behalf of the dependent.

Guardianship plans can be short-term or long-term. In emergencies or when a parent is not around, temporary guardianship may be granted. Permanent guardianship, on the other hand, is needed when long-term care is required. Regardless of the type of guardianship , the court is always vigilant to ensure that the dependent's safety is always protected.

Choosing a Suitable Guardian

Selecting a guardian is one of the most critical decisions families can make. Ideally, the guardian should be someone the child or dependent already knows and trusts. Parents often turn to close relatives, but trusted friends may also serve as strong candidates.

Open communication is key. It is essential to discuss potential guardianship with them in advance to ensure they are willing and able to undertake the responsibility. It is also a good idea to name a second guardian in case the first one is unable or unwilling to fulfill their role.

With the assistance of an estate planning attorney, families can make informed guardianship arrangements that keep their loved ones safe and provide them with peace of mind by carefully considering personal, financial, and emotional factors and following the proper legal steps.

We Can Help You Choose a Legal Guardian

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Insolvency and Debt Restructuring

Sat, 27 Sep 2025 18:05:26 GMT

When a business is unable to pay its debts--whether it's due to a lack of cash flow or an imbalance between its assets and liabilities--it becomes insolvent. Even though insolvency is frequently associated with failure, it can also present a chance for companies to regroup and bounce back.

Businesses in financial distress can choose from a variety of legal and strategic options , such as negotiated restructuring with creditors or formal bankruptcy proceedings. Any business navigating rough financial waters must comprehend these options and the importance of knowledgeable legal counsel.

Legal Options for Insolvent Corporations Facing Financial Distress and Bankruptcy

Depending on their jurisdiction and the severity of their circumstances, corporations may seek various legal remedies when insolvency occurs. Formal bankruptcy offers a structured procedure for either asset liquidation or reorganization under court supervision. Companies may apply for protection under applicable insolvency laws, such as Chapter 11 of the US Bankruptcy Code.

Businesses can temporarily halt creditor actions while negotiating repayment or restructuring plans thanks to these legal frameworks. Liquidation procedures allocate a company's assets to creditors in a systematic manner, guaranteeing justice and legal compliance, in situations where recovery is improbable.

Debt Restructuring Strategies to Negotiate with Creditors and Reorganize Corporate Finances

A failing company does not always have to close since debt restructuring offers an alternative to bankruptcy by allowing companies to renegotiate loan terms, reduce debt loads, or extend repayment schedules. Common tactics include debt-for-equity transactions, refinancing existing obligations, and combining multiple debts on more favorable terms.

Cooperation and transparency between debtors and creditors are essential during restructuring. Creditors often agree to a partial repayment to prevent a complete loss from liquidation. Businesses can maintain employment, stabilize cash flow, and pave the way for long-term sustainability by implementing proactive restructuring strategies.

Role of Corporate Attorneys in Guiding Clients Through Insolvency Proceedings and Liquidation

When it comes to guiding clients through the insolvency and restructuring processes, corporate attorneys are crucial. In addition to outlining available legal options and assessing financial risks, they also represent businesses in negotiations with creditors, investors, and in court proceedings.

Lawyers can protect the company from potential lawsuits and make sure restructuring plans comply with legal requirements. In liquidation situations, they oversee the sales and distribution of assets while upholding corporate governance obligations and creditors' rights.

In addition to their technical expertise, corporate lawyers provide strategic advice, helping executives weigh the financial and reputational implications of every decision. They often decide whether a company can successfully reorganize or be dissolved.

Hire an Experienced Law Firm for Corporate Restructuring and Bankruptcy

The experienced team of corporate attorneys at Bingaman Hess will work with you to assist you in navigating the complexities and challenges of restructuring or bankruptcy.

With offices in Wyomissing, Kutztown, Harrisburg, and Media, we help clients in a broad range of counties to achieve their goals and turn their business aspirations into reality.

Litigating Real Estate Contract Breaches

Sat, 20 Sep 2025 17:59:36 GMT

Contracts form the foundation of real estate transactions. They ensure that the buyers and sellers understand and fulfill their responsibilities. Nonetheless, even with careful drafting, disagreements can still occur if a party breaches the agreement . A thorough understanding of the law, damages, and the aggrieved party's remedies is necessary when deciding whether to file a breach of contract lawsuit. Due to the rapid changes in property values and market conditions, these disputes can have a significant financial impact.

Elements of a Breach

To establish a breach of a real estate contract, the plaintiff must prove several elements:

There must be a valid, enforceable contract that clearly defines the obligations of the parties.
Evidence must demonstrate that the defendant failed to perform as required by the contract.
The plaintiff must prove the damages caused by the defendant’s breach of the contract.

These lawsuits depend on documentation, including signed agreements, correspondence, and records of performance.

Calculating Damages

The primary goal of any award of damages is to restore the harmed party to the status they would have had in the absence of the breach. This may include direct monetary losses like deposits, inspection fees, or appraisal costs.

Punitive damages are uncommon in real estate disputes. Additionally, plaintiffs are sometimes required to take reasonable measures to minimize their financial losses, which is known as a mitigation of damages.

Effective Remedies

In addition to monetary damages, courts may impose equitable remedies. One common remedy is specific performance , which compels the breaching party to complete the transaction as originally agreed.

Rescission , on the other hand, permits both parties to terminate the agreement. Often, the best course of action is a negotiated settlement, which saves time and legal fees.

In order to make sure that the remedy selected fits with both long-term interests and financial objectives, knowledgeable legal counsel can assist clients in weighing their options.

Experienced Litigation Attorneys You Trust

Our civil litigation attorneys specialize in representing parties involved in real estate contract breaches. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Resolving Real Estate Litigation

Sat, 13 Sep 2025 17:53:05 GMT

Real estate transactions are among the most significant financial commitments individuals and businesses make. With high stakes involved, disputes sometimes arise—whether from misunderstandings, contract breaches, or disagreements over property rights. When these conflicts escalate, litigation may be necessary to protect interests and achieve a resolution. Understanding the common causes, litigation process, and alternatives available can help parties navigate disputes more effectively.

Common Causes of Disputes

Although there are many reasons why real estate disputes arise, the most common ones are deception during a sale, boundary disputes, contract violations, and landlord-tenant disputes.

For example, a buyer may claim that a seller concealed structural defects, or neighbors may dispute property lines. Commercial real estate can also give rise to complicated disputes involving zoning restrictions, lease obligations, or development delays. Since these issues usually involve a significant emotional or financial investment, parties often seek legal resolutions if informal negotiations fail.

Litigation Process and Strategies

When litigation is necessary, the process typically begins with the filing of a complaint in court, which is followed by information sharing, or discovery. Each side gathers evidence to support their position, including expert testimony, property records, and contracts. Motions and pre-trial hearings often impact the scope of the dispute before a trial.

Successful litigation strategies include meticulous documentation, a careful evaluation of settlement possibilities, and reliance on knowledgeable specialists such as surveyors or appraisers.

Legal counsel frequently advises clients on whether to pursue a case or consider reaching a compromise by weighing the costs of ongoing litigation against possible outcomes. To advance claims or defend against them, it is essential to have knowledgeable legal representation because real estate law can be very complex.

Alternate Dispute Resolution

Although litigation offers a structured process, many parties use alternative dispute resolution (ADR) techniques to cut expenses and save time. Through mediation, an impartial third party can help parties in conflict communicate and work toward a compromise. In contrast, arbitration entails bringing the matter before an unbiased arbiter who renders a decision that may or may not be legally binding.

Compared to court proceedings, these techniques are frequently faster, more private, and less combative. ADR can maintain commercial ties and enable more adaptable, innovative solutions than a court ruling might offer. Because of this, mandatory mediation or arbitration clauses are frequently included in real estate contracts as a prelude to litigation.

Conclusion

Although they can be expensive and disruptive, real estate disputes are not intractable. Parties can make well-informed decisions that protect their investments by being aware of the common causes, litigation tactics, and available alternatives. Clarity, justice, and closure are the ultimate goals, whether they are attained in court or through collaborative resolution techniques.

Contact the Real Estate Lawyers at Bingaman Hess Today

Do you want to experience the benefits of working with a real estate lawyer? Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Public-Private Partnerships in Municipal Projects

Sat, 06 Sep 2025 17:44:54 GMT

Public-private partnerships, or PPPs, are being used more by municipalities in North America to carry out community and infrastructure projects. Through these cooperative agreements, public and private sector organizations work together to plan, fund, construct, and occasionally manage public assets.

From wastewater treatment facilities to recreation centers, PPPs allow municipalities to leverage private expertise and investment while still ensuring public oversight. When structured well, they can speed up delivery, reduce risk for taxpayers, and create long-term value for communities.

Structure of Agreements

A contractual agreement that outlines the duties, commitments, and expectations of both parties is the foundation of any PPP. Usually, the private partner takes on responsibilities ranging from design and financing to construction and continuing operations, while the public sector maintains ownership of the asset.

In order to guarantee continuity and safeguard investments, the contract typically lasts for decades.

Key elements of the PPP agreement include:

Scope of work : outlining what the private partner is responsible for delivering.
Performance standards : measurable benchmarks that ensure services meet community expectations.
Payment mechanisms : whether through availability payments, user fees, or a hybrid model.
Duration and termination clauses : setting clear timelines and conditions under which the agreement can end.

Clarity in these agreements is crucial to prevent disputes and align incentives between public interests and private profit motives.

Risk and Reward Analysis

A defining feature of PPPs is how risks are allocated between partners. Ideally, risks are assigned to the party best positioned to manage them. For instance, construction risk—such as cost overruns or delays—often falls on the private partner, while regulatory or political risk tends to remain with the public sector.

Rewards, on the other hand, are typically tied to performance. A private company might earn higher returns if it delivers on time, meets efficiency targets, or reduces operational costs. For municipalities, the reward is reliable infrastructure and service delivery without the immediate strain on public budgets.

However, poorly designed PPPs can lead to misaligned incentives. If contracts fail to account for unforeseen circumstances, taxpayers may end up absorbing costs that were supposed to be transferred. As such, thorough financial modeling and legal due diligence are essential in the planning stages.

Case Examples

Several Canadian and U.S. cities provide insight into how PPPs work in practice. The Evergreen Line rapid transit project in British Columbia, completed through a PPP, leveraged private-sector efficiency to deliver complex tunneling and transit infrastructure ahead of schedule. Similarly, in Indianapolis, Indiana, the city entered into a long-term PPP for its wastewater treatment facilities , resulting in significant cost savings and improved compliance with environmental standards.

On a smaller scale, municipalities have used PPPs to fund and operate recreational centers, libraries, and even renewable energy projects. For example, several towns have partnered with private solar companies to construct solar farms on municipal land, thereby reducing energy costs while supporting their sustainability goals.

These cases illustrate that while PPPs are not a one-size-fits-all solution, they can be powerful tools when structured thoughtfully. Success depends on transparent agreements, careful risk allocation, and ongoing collaboration between public and private stakeholders.

Contact the Municipal Attorneys at Bingaman Hess Today

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Incorporating Charitable Giving in Estate Plans

Sat, 30 Aug 2025 21:05:14 GMT

One effective way to leave a legacy and support causes that are important to you is to include charitable giving in your estate plan . Giving to charity can have a long-term positive social impact and substantial financial benefits in addition to the personal fulfillment that comes with philanthropy. Here is how you can include it in your estate plan.

Setting Up Charitable Trusts

A charitable trust stands as one of the most effective tools for planned giving. Through these legal entities, you can donate assets while maintaining control over their distribution timing. There are two popular choices:

Charitable Remainder Trust (CRT): This type of trust gives you or your beneficiaries income for a predetermined period, after which the remaining assets are donated to the charity of your choice. It is perfect for people who wish to earn money throughout their lives and eventually contribute to a worthy cause.
Charitable Lead Trust (CLT): This kind operates in reverse, with the remaining assets eventually going to your heirs. At the same time, the charity receives income from the trust for a predetermined amount of time. It helps charities up front and lowers estate taxes.

The process of establishing these trusts requires professional help from estate planning attorneys or financial advisors to meet legal requirements and achieve your financial objectives.

Tax Benefits

When properly incorporated into your estate plan, charitable giving can provide significant tax benefits. Among these advantages are:

Decreased estate taxes: The taxable amount of your estate can be significantly lowered by donating to registered charities, which are typically exempt from estate taxes.
Income tax deductions: Depending on the present value of the gift, you may be eligible for income tax deductions if you create a charitable trust or leave a bequest while you are still alive.
Savings on capital gains taxes: You can support charitable causes and avoid capital gains taxes by donating appreciated assets like stocks or real estate.

Because of these incentives, giving to charities is not only a selfless deed but also a wise financial move, particularly for wealthy people or those trying to protect their wealth for future generations.

Long-Term Impacts

Charitable giving provides an opportunity for you to have an impact long after you pass away. Your contributions can have a positive effect on future generations, whether they support community development, medical research, or scholarship funding.

A culture of giving within your family can also be strengthened by structured giving, particularly through foundations or endowments, which can encourage family members to continue your philanthropic ideals.

Including charitable giving in your estate plan is a way to influence the world you leave behind and is more than just a financial choice. You can preserve your legacy and make the most impact with careful planning.

Secure Your Legacy with Estate Planning Today

Creating your estate plan today makes the administration process smoother in the future. Tomorrow might be too late to make those vital decisions that protect your family and your future. Delaying could mean leaving your loved ones in a vulnerable position. Act now while you can shape your legacy.

If you seek an estate planning lawyer who offers efficient and effective estate planning and trust services, look no further than the experienced attorneys at Bingaman Hess.

Corporate Ethics Training and Education

Sat, 23 Aug 2025 20:57:43 GMT

The modern corporate environment demands ethical behavior beyond legal compliance because it establishes corporate integrity and leads to long-term success. The current business environment demands practical ethics training and education because companies face increasing oversight from regulators, investors, and public scrutiny.

This article will examine ethical conduct in decision-making while discussing the development of effective training programs and legal requirements for whistleblower protections and reporting systems.

The Importance of Ethical Conduct in Corporate Decision-Making

The corporate world depends on ethical conduct to preserve trust and credibility and achieve long-term success. Every business decision, including financial choices, operational decisions, and strategic choices, produces ethical consequences that impact stakeholders, employees, and the public.

Organizations face legal penalties, stakeholder distrust, and reputational harm when they fail to maintain ethical standards. On the other hand, companies that integrate ethical thinking into their decision-making processes will successfully handle complex challenges while maintaining transparency, accountability, and corporate social responsibility.

Leaders who demonstrate ethical conduct establish the fundamental values that define company culture. Ethical decision-making creates both a positive workplace environment and minimizes the occurrence of fraud, discrimination, and other forms of misconduct. Employees tend to emulate the ethical conduct they observe in their leaders.

Developing and Implementing Corporate Ethics Training Programs for Employees and Executives

A well-designed ethics training program is essential for equipping staff at all levels with the tools they need to recognize and handle ethical dilemmas. Training should be tailored to different roles—what a frontline employee needs to know may differ from what a senior executive faces in high-stakes decisions. Programs typically include case studies, interactive workshops, and clear explanations of company values, codes of conduct, and real-world scenarios.

It’s also vital that training is not a one-time exercise. Ongoing reinforcement—through annual refreshers, leadership seminars, and internal communications—helps keep ethics top of mind. The training program for executives should include specific modules about fiduciary duties, ethical leadership practices, and conflict of interest management. The effectiveness of ethics programs depends on creating an open workplace environment, which enables employees to share their concerns without facing any form of retaliation. The implementation of feedback systems and immediate support during training will enhance ethical awareness among employees.

Legal Requirements for Whistleblower Protections and Reporting Mechanisms

A fundamental element of corporate ethics programs requires organizations to create reporting systems which protect both security and compliance standards for misconduct. The Sarbanes-Oxley Act (SOX) and similar international laws require businesses to set up private reporting avenues for whistleblowers.

Equally crucial is safeguarding workers from reprisals. Employers must ensure that workers who expose unethical behavior will not suffer repercussions like harassment, termination, or demotion.

Businesses that do not safeguard whistleblowers risk legal repercussions and a decline in internal trust. They must set up transparent channels for reporting unethical behavior, such as hotlines, web portals, and direct communication with compliance officers. Transparent investigation processes and timely follow-up actions are two ways that a business shows its commitment to ethical behavior.

In Summary

Ethics training and education form the foundation of responsible business practices. By integrating ethics into decision-making, providing robust training, and supporting whistleblower protections, companies can foster a culture of integrity and accountability.

Consult With Our Legal Team

The corporate attorneys at Bingaman Hess will help your organization develop the training and development to ensure ethical decision-making throughout the company. Contact us today to schedule a consultation. Our corporate attorneys provide the highest level of representation and personalized attention.

Dealing with Construction Litigation

Sat, 16 Aug 2025 20:49:08 GMT

Construction projects unite multiple parties who manage large financial resources while working under strict project deadlines for their complex operations. The numerous elements involved in construction projects lead to frequent disputes, which may result in legal action when negotiations break down. All parties involved in construction projects, including contractors, developers, and property owners, need to understand the fundamental issues of construction litigation to protect their interests.

Disputes Over Quality and Timeliness

Dissatisfaction with the quality of the work or delays in project completion are two of the most frequent causes of construction litigation. While contractors may contend that scope changes or unanticipated site conditions caused delays, owners may contend that the finished product does not meet contractual standards.

Missed deadlines or delayed deliveries are frequently at the center of timeliness disputes, which can have serious financial repercussions. In certain situations, liquidated damages clauses give owners the right to demand payment for delays, while contractors may file claims for extensions or additional expenses brought on by uncontrollable circumstances.

All parties should make sure that there is clear communication, thorough progress documentation, and regular project updates to minimize the chance that these disagreements will turn into legal action. Maintaining documentation of inspection findings, change orders, and delays can yield necessary proof. Keeping records of delays, change orders, and inspection results can provide critical evidence if legal action becomes necessary.

Contract Enforcement

A well-written contract is the foundation of any construction project. Even a solid contract, though, can lead to disputes if one party does not fulfill their obligations. Unauthorized work changes, improper termination, nonpayment, or failure to meet project specifications can all give rise to litigation.

Interpreting the terms of the contract and demonstrating a duty breach are everyday tasks in contract enforcement litigation. The difficulty is in proving who did not perform, how that failure led to harm, and what damages were incurred. Legal knowledge and industry expert testimony are frequently needed for this.

Clear, unambiguous contract language that specifies obligations, deadlines, terms of payment, and dispute resolution procedures is the first step in preventing such disputes. Including provisions for arbitration or mediation may also assist parties in resolving disputes outside of court.

Liability Issues

Construction litigation faces a significant challenge regarding liability. The legal responsibility for accidents on construction sites and post-completion defects becomes a matter of dispute. A lawsuit under different circumstances can include architects, engineers, contractors, and subcontractors as defendants.

The most common liability claims include defective materials, safety infractions, code violations, and structural failures. Owners demand either repair or replacement work from the project while injured parties pursue compensation for property damage and bodily injuries. The construction workforce must follow safety protocols while maintaining proper insurance coverage and conducting regular inspections during construction to minimize their potential liability exposure.

A legal defense during litigation becomes stronger when documentation about duties and compliance exists.

Conclusion

Construction litigation can be costly and time-consuming, but proactive risk management and legal guidance can help parties navigate these challenges.

Dealing with Construction Litigation Is Challenging. We Can Help!

When a legal issue arises, you want one of our experienced litigation lawyers to represent and protect your interests. Contact the law firm of Bingaman Hess. Our professional litigation attorneys, known for their personalized approach, will review your legal issue and recommend your best strategy.

Landlord-Tenant Law for Commercial Properties

Sat, 09 Aug 2025 20:39:28 GMT

The relationship between business tenants and property owners is governed by commercial landlord-tenant law. Commercial leases give more room for negotiation than residential leases, but they also put more pressure on both parties to fulfill their obligations.

The fundamental ideas that underpin this relationship are broken down here.

Rights and Duties of Landlords and Tenants

Each party in a landlord-tenant relationship possesses specific legal responsibilities and entitlements. The landlord must fulfill local building and zoning codes by delivering a secure and usable property. The lease agreement requires landlords to fulfill all conditions, including timely maintenance, access rights, and privacy clauses. But unlike residential tenancies, commercial landlords are typically exempt from the stringent requirements for habitability.

Conversely, tenants oversee using the space as specified in the lease, usually for a particular commercial objective. They must maintain the interior space, pay the rent on time, and abide by zoning, health, and safety laws. Tenants in most commercial leases must also pay utilities, insurance, and property taxes; this arrangement is referred to as a "triple net lease."

Unlike in residential settings, there are few statutory protections for commercial tenants, making the lease agreement the most crucial document in determining the rights and responsibilities of both parties.

Lease Termination

The process of ending a commercial lease proves more challenging than ending a residential lease. Most commercial leases have fixed terms that prevent early termination except when an " early termination clause " exists in the agreement.

Standard termination clauses include:

Mutual Agreement: Both parties agree to end the lease early.
Break Clause: Allows one or both parties to terminate under specific conditions.
Default Clause: If one party fails to meet its obligations, the other can terminate.

The lease agreement contains essential information about lease termination requirements, notice periods, and associated fees, which tenants should review. The failure to follow proper procedures results in legal disputes and financial obligations.

A landlord maintains the right to end a lease agreement when the tenant stops paying rent or uses the property without authorization. The legal eviction process requires landlords to follow state-specific laws when they want to remove tenants from their properties.

Handling Breaches of Contract

A breach of contract happens when either party does not meet their obligations under the lease agreement. The failure to pay rent and unauthorized changes to the property constitute breaches of contract for tenants. The landlord's breach of contract occurs when they fail to perform their promised repair duties or access obligations.

The injured party has multiple options when a breach occurs:

Attempting to resolve the issue informally through negotiation.
Formal written notice to the breaching party specifying the required time for correction.
Suing for damages or seeking eviction.

Commercial lease agreements receive strict enforcement from courts because of the need for clear documentation that defines all contractual obligations between parties.

Conclusion

Commercial landlord-tenant relationships depend on lease agreements that are both clear and definitive. A successful commercial tenancy depends on your ability to properly end leases and handle violations promptly through legal means while understanding your contractual responsibilities. Always seek legal advice before signing or ending any commercial lease.

Contact Our Real Estate Lawyers Before Signing or Ending a Commercial Lease

Insurance Needs for Municipalities

Mon, 28 Jul 2025 17:31:25 GMT

Local governments are subject to a wide variety of hazards that demand careful insurance planning. From liability to property insurance, having the appropriate coverage in force helps conserve taxpayer assets, ensures continued operations, and fosters public trust. This article covers methods through which municipalities can assess their insurance needs, examine their available coverage, and handle their policies properly in the long run.

Determining Needs

The first step in ensuring a municipality is properly insured is to conduct a thorough risk assessment. This review includes the identification of assets, operations, and activities that are exposed to loss or liability. These are such items as:

Public buildings (e.g., city halls, public libraries, recreation centers)
Fleet vehicles such as buses, fire trucks, or snow plows
Employee liability, including police, firefighters, and city employees
Infrastructure, including roads, bridges, and water systems
Organized or permitted events and activities by the municipality

Local government entities should also review historical claim data, environmental exposures, and regulatory requirements. Discussions with risk managers and insurance consultants help to keep exposures current and complete. This review should occur periodically to reflect changing conditions, such as increases in services or capital improvement projects.

Coverage Options

After identifying the municipality's exposures, choosing the right coverage comes next. Most types of municipal insurance fall under one of the following categories:

General Liability Insurance: Covers liability for property damage or personal injury by the public.
Property Insurance: Insures municipal buildings, contents, and equipment against perils including fire, vandalism, and natural disasters.
Auto and Fleet Insurance: Covers damage or liability for city-owned autos.
Errors and Omissions (E&O): Also known as professional liability, it protects elected officials and municipal employees from lawsuits that involve decisions or services.
Cyber Liability Insurance: With more digital infrastructures, there's also an increasing necessity for cyber insurance that will handle data breaches, ransomware, and network interruptions.
Environmental Liability: It encompasses episodes of pollution, which can occur due to landfills, water treatment facilities, or public installations.
Workers' Compensation: Mandated in most states, it covers employees who are hurt on the job.

Some municipalities will also have their own special coverage, such as public transportation or rescue squads. Group purchasing agreements through municipal associations can bring cost savings and tailored coverage.

Policy Management

Insurance policy administration is an ongoing responsibility that goes beyond purchasing coverage. Cities should:

Adjust policies annually to ensure appropriate limits and active coverage.
Monitor renewals and premium increases, and negotiate when necessary.
Maintain accurate inventories and valuations of covered assets.
Train staff on mitigation processes for risks such as workplace safety, IT security, and emergency planning.
Report and track claims in a timely and organized manner to insurers.
Seek out lawyers or brokers to clarify obscure policy terminology or resolve disputes.

The municipality can achieve cost savings through effective policy management, which also leads to reduced insurance premiums because of documented loss reduction and claims handling procedures. Effective insurance planning enables municipalities to protect their public assets while maintaining efficient service delivery. Municipalities can deliver stable and secure governance to their citizens by conducting proper risk evaluations, selecting appropriate coverage, and managing policies effectively.

Contact the Municipal Attorneys at Bingaman Hess Today

Do you want to reap the benefits of working with a municipal lawyer? Contact Bingaman Hess to schedule a consultation with one of our experienced municipal law attorneys and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Bingaman Hess Welcomes Attorney Gary R. Swavely, Jr.

Fri, 25 Jul 2025 20:28:06 GMT

Gary R. Swavely, Jr. is of counsel to the firm. Born and raised in Reading, Pennsylvania,

Mr. Swavely is a lifelong resident of Berks County. Gary received his Bachelor of Science

Degree in Business Administration from Albright College in 1986 and his Juris Doctor

Degree from Widener University School of Law in 1989.

Mr. Swavely was admitted to practice before the Supreme Court of Pennsylvania in

1989 and subsequently before the United States District Court for the Eastern District of

Pennsylvania in 2001. He is a member of the Berks County Bar Association and

the Pennsylvania Bar Association. He is also a member of the Family Law Section of

the Pennsylvania Bar Association.

Mr. Swavely has over 35 years of experience and maintains a general practice of law

with extensive experience civil and criminal cases, including family law, divorce,

property division, child custody, child support, spousal support and alimony, pre-nuptial

agreements, and adoption, estate planning and administration, general civil litigation,

personal injury and wrongful death, real estate, business formation, commercial

litigation, criminal defense, landlord tenant matters, and zoning , land use and municipal

law.

Mr. Swavely has also obtained noteworthy results in personal injury and wrongful death

cases. He obtained a 1.35 million settlement on behalf of the estate of a man who was

tragically killed in a tractor-trailer accident.

Mr. Swavely is well-respected attorney as evidenced by his nomination as a Reading

Eagle Reader’s Choice Best Lawyer from 2021-2025.

PRACTICE:

Wills, Estate Planning & Administration, Divorce & Custody, Civil Litigation, Criminal Defense, Real Estate, Municipal and Zoning.

Choosing the Right Executor for Your Will

Sat, 19 Jul 2025 17:24:46 GMT

As you begin the process of planning your estate , one thing you must consider is who you want as your executor. The person you select will carry out the duty of upholding your last wishes and managing your estate according to legal requirements. Choosing a trustworthy, organized, and capable person will reduce the burden on your loved ones and create a smooth transition.

Qualities to Look For

Many people choose their spouse, adult child, or a close friend as their executor because they trust them. Still, personal connection alone isn’t enough since you need someone with the ability to manage financial and legal tasks, communicate effectively with beneficiaries, and handle sometimes complex paperwork or emotional family dynamics.

The best executors have the following traits:

Organized: They’ll need to track assets, pay bills, and file essential documents on time.
Responsible: They must act in the best interests of the estate and beneficiaries.
Level-headed: They should be capable of managing stress and making impartial decisions.
Financially literate: While they don’t need to be accountants, a basic understanding of finances helps.

If your estate is particularly complex or likely to give rise to disputes, consider naming a professional executor, such as an estate planning attorney or accountant.

Duties of an Executor

As mentioned, the position of executor requires substantial accountability. The executor must request probate (if required) after the will takes effect to validate the will through legal procedures. The executor will search for all assets before using them to settle debts and taxes, and then distribute the remaining assets to the beneficiaries.

The key duties of an executor include:

Securing and managing assets: These assets include property, investments, and personal belongings.
Notifying government agencies and institutions: The administrator must notify relevant government agencies and open an estate bank account.
Filing final tax returns: Executors are responsible for submitting the deceased’s final return and paying any taxes owed.
Distributing the estate: According to the instructions in the will, which may include setting up trusts or managing ongoing financial responsibilities.

These duties can take months or even years to complete, depending on the complexity of the estate.

Legal Support and Guidance

Executors might be intimidated by the process, so having legal and financial professionals to guide them offers considerable relief. They can provide guidance on handling probate applications, asset valuations, or disputes among beneficiaries. The estate covers the cost of professional help, not the executor personally.

It’s an excellent idea to speak to a lawyer when writing your will to ensure your executor is clearly named and fully informed of their role. You should also consider naming an alternate executor in case your first choice is unable or unwilling to act when the time comes.

Choosing the right executor can bring peace of mind that someone will handle your affairs with care, accuracy, and integrity. Take the time to think through your options and have a conversation with your chosen executor to make sure they understand and accept the responsibility.

We Can Help You Set Up a Will or Trust

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. Estate planning will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Investigations and Compliance Audits

Sat, 12 Jul 2025 17:16:50 GMT

There are strict regulations in the current business environment, so companies must stay alert to detect misconduct while verifying that their operations comply with all corporate laws and regulations. Corporate investigations and compliance audits enable organizations to identify risks before they escalate and develop strategies to mitigate these risks. The processes protect corporate reputations while preventing expensive penalties and strengthening internal control systems.

Conducting Internal Investigations to Address Allegations of Corporate Misconduct or Regulatory Violations

Companies must initiate immediate, objective fact-finding procedures when they receive allegations of fraud, harassment, bribery, and regulatory violations. Internal investigations begin when employees report incidents, whistleblowers submit complaints, or when audits or external regulatory inquiries are conducted.

The beginning of an effective internal investigation requires defining its scope, identifying allegations, and selecting an impartial investigative team. The involvement of internal or external legal counsel in investigations ensures both legal compliance and strategic oversight. The investigation process includes conducting interviews, reviewing documents, analyzing financial records, and examining written communications.

A well-conducted investigation proves both the existence of misconduct and the organizational weaknesses that allowed the issue to develop. Organizations need to compile a comprehensive report of their findings, followed by immediate corrective actions that include policy updates, training, and disciplinary measures to prevent future occurrences.

Compliance Audit Procedures for Evaluating Corporate Policies and Practices

The main difference between reactive investigations and compliance audits lies in their purpose: Compliance audits serve as proactive evaluations to verify that company operations follow both internal policies and external legal requirements.

The assessment process examines multiple domains, including environmental rules, data protection standards, anti-corruption measures, and workplace security protocols. The compliance audit process begins with planning and risk assessment, followed by data collection and control testing, and concludes with an evaluation of the findings.

Auditors conduct their assessment by examining records, conducting employee interviews, and studying internal communications to confirm adherence to policy. The purpose of this process is to identify potential weaknesses or non-compliance issues at an early stage, so organizations can implement corrective actions before regulatory bodies step in.

Effective audits help organizations develop both transparent and accountable work environments. Companies conduct these audits either through scheduled reviews or when they identify specific risk indicators, such as market entry, mergers, or regulatory changes.

Legal Considerations for Preserving Attorney-Client Privilege During Investigations

Attorney-client privilege or the work product doctrine may protect information collected during investigations led or supervised by legal counsel. The security of these privileges depends on proper planning and communication between parties.

The company needs to establish a legal inquiry status for the investigation, while counsel must participate from the beginning. All communications with legal counsel must be confidential because they aim to obtain legal advice.

Companies should avoid combining legal and business advice in written reports by investigators, as it creates potential risks to privilege protection. The disclosure of findings to third parties or the excessive distribution of internal reports may cause an unintentional waiver of privilege protection.

All participants require training in confidentiality protocols, while documentation requires strict control measures. Corporate investigations, together with compliance audits, function as essential tools for preserving ethical standards, legal compliance, and operational integrity. The combination of proper diligence with legal oversight can protect the company and its stakeholders from significant risks.

Consult With Our Legal Team

If you have further questions about corporate investigations and compliance audits, the corporate attorneys at Bingaman Hess will help your organization manage the various risks it encounters. Contact us today to schedule a consultation. Our corporate attorneys provide the highest level of representation and personalized attention.

Alternative Dispute Resolution in Civil Cases

Sat, 05 Jul 2025 17:08:40 GMT

Businesses that become involved in civil disputes often find traditional litigation to be both expensive and lengthy, and it is also open to public scrutiny. Alternative Dispute Resolution (ADR) provides businesses with a valuable approach to resolving disputes through efficient and private processes. The two most widely used ADR methods are mediation and arbitration, which provide different benefits based on the specific nature of the dispute.

Benefits of Mediation

A neutral third party (the mediator) helps disputing parties create a mutually acceptable agreement through non-binding mediation. The method of mediation works best for businesses that need to resolve disputes with vendors, customers, and partners, as it helps parties create solutions together rather than fighting against each other.

The primary benefit of mediation emerges from its promise to protect confidentiality. The confidential nature of mediation sessions allows companies to resolve sensitive matters while keeping them private and out of public view. The non-confrontational approach establishes an ideal environment for parties to discover workable solutions.

Cost savings are another significant advantage. The mediation process requires fewer resources and produces quicker dispute resolution than traditional court litigation. The parties maintain complete control over their final agreement, as they decide the outcome rather than a judge or jury deciding.

When to Choose Arbitration

The arbitration process maintains a more formal structure than mediation but remains less structured than court proceedings. A neutral arbitrator or panel receives evidence and arguments from both parties before making a legally enforceable decision. This process offers the best solution for disputes involving complex technical or industry-related matters. The selection process for arbitrators focuses on their specialized knowledge to guarantee decisions that are both knowledgeable and appropriate for the situation.

The arbitration process maintains privacy throughout, and the final decision remains confidential, which is crucial for businesses that want to protect their reputation and trade secrets. Businesses choose arbitration because it provides an enforceable solution while bypassing the time-consuming and expensive process of court appeals that are permitted in very limited circumstances.

The inclusion of mandatory arbitration clauses in commercial contracts has become standard practice for this specific reason. The parties retain full authority to determine their final agreement, as they choose the outcome rather than a judge imposing a decision.

Efficiency of ADR Methods

ADR methods demonstrate superior efficiency when compared to traditional litigation procedures. The civil lawsuit resolution process can take months to multiple years. The mediation and arbitration process enables parties to finish their proceedings in a span of weeks to several months.

Many parties find ADR attractive because of its flexible nature. The process enables parties to tailor their proceedings based on their dispute requirements and individual needs. The resolution process becomes faster while legal expenses decrease, and business operations experience less disruption. The rapidly evolving business environment recognizes ADR as an essential tool, providing swift solutions with confidentiality protection and cost-effectiveness. The civil dispute resolution method through ADR serves as a strategic court-avoidance solution, protecting financial interests while preserving business connections.

Experienced Litigation Attorneys You Can Trust

Our civil litigation attorneys specialize in representing the parties involved in these disputes. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Robert Grim Awarded With Kutztown University President’s Medal

Fri, 27 Jun 2025 17:20:26 GMT

Kutztown University , June 24, 2025

Robert Grim, Esq., was presented with the Kutztown University President’s Medal on Tuesday, June 24, for his commitment to service to Kutztown University and the local community.

A lifelong resident of Kutztown, Grim has practiced law locally since 1969, following his graduation from Lafayette College and Villanova Law School. His legal career commenced as an assistant public defender in Berks County, and he has since served as a municipal solicitor in the area for over four decades.

Grim’s commitment to Kutztown University is both personal and profound. He grew up at 15195 Kutztown Road, formerly known as Maple Manor, which houses the KU Foundation’s Business Office. This residence, recently renamed The Grim Family Homestead, stands as a testament to the family’s longstanding relationship with the university.

The Grim family’s legacy at Kutztown dates back to the 1880s. His great-grandfather, Dr. George Washington Grim, had nine children, all of whom attended the Keystone State Normal School (now Kutztown University). Among them, James S. Grim, Robert’s grandfather, graduated in 1893 and dedicated 43 years to teaching at the institution. His contributions to education and groundbreaking botanical research led to the naming of the Grim Science Building in his honor.

Continuing this tradition of service, Grim co-founded the Kutztown University Foundation, where he also served as director and treasurer. His efforts have been pivotal in advancing the university’s fundraising and development initiatives. He has helped establish two scholarships at the university: the Ruth S. Grim Leestma 1932 and the 1934 Memorial Endowed Scholarship for Elementary School Teachers, and the Honorable Allan K. Grim 1921 Memorial Endowed Scholarship.

He has also served on the Council of Trustees, holding the positions of vice chairperson (2020-22) and chairperson (2022-24), providing strategic guidance during pivotal periods. During his time as chair and beyond, Grim has been an advocate for green efforts for the university and Kutztown community, pursuing solar energy while preserving the local environmental footprint.

Beyond his roles at the university, Grim has demonstrated a steadfast commitment to community service. He has held leadership positions with the Berks County Bar Association, the Berks County March of Dimes, the Kutztown Business Association, and the Kutztown Area Historical Society. Additionally, he co-founded and presided over the Kutztown Area School District Educational Foundation, emphasizing his dedication to education at all levels.

Grim’s contributions have been recognized with the Kutztown Outstanding Community Citizen Award, reflecting his impact and service. His family’s legacy, marked by generations of educators and public servants, underscores a deep-seated commitment to the betterment of society through education and civic engagement.

The President’s Medal was created in 2014 by the president’s office to be awarded to individuals who bring honor and distinction to our institution and who serve as examples to our students and our alumni. Other recipients include William Ribble ’73, long-time member of the KU Foundation Board; Andre Reed ’05, KU and Pro Football Hall of Famer; Ryan Vogelsong, Major League Baseball All-Star and two-time World Series Champion; Gregory “Doc” Jones, long-time head coach of the KU men’s rugby team; Dr. Carlson Chambliss, long serving KU professor, philanthropist and scholar; Sandy Green, former mayor of Kutztown and community leader and advocate; Bessie Reese Crenshaw ’50, Kutztown University’s first African American graduate; John Mobley, two-time Super Bowl champion; Robert C. Landis and Scott A. Dorn ’79, KU Foundation Board presidents; Bonita B. Perkins ’68 and Charles O. Perkins ’68, philanthropic leaders and supporters; and Jason Graver ’92, M’18, volunteer university historian.

Learn more about the Kutztown University President's Medal here .

Zoning Laws and Real Estate Development

Wed, 25 Jun 2025 20:10:55 GMT

Zoning laws are regulations established by local governments (such as cities or counties) that determine how owners may use land within specific areas. These municipal laws promote orderly development, protect property values, and separate incompatible land uses, such as keeping industrial facilities out of residential neighborhoods. Common zoning categories include residential, commercial, industrial, agricultural, and mixed-use, each with its own set of rules regarding what can be built, building size, height, setbacks, and density.

Zoning Laws and Real Estate Development

Zoning laws dictate what types of buildings can be constructed, how builders may use them, and the scale of development permitted on a property. For example, a residential zone might only allow single-family homes, while a commercial zone could permit retail stores or offices.

Beyond use, zoning laws regulate building height, lot coverage, setbacks from property lines, and the number of units per acre. These rules help manage population density, traffic, noise, and the overall character of a community.

Some areas may have overlay zones (e.g., historic or environmental protection districts) that impose additional restrictions or requirements.

Navigating Local Zoning Laws

Before purchasing land or commencing construction, developers and property owners must thoroughly research local zoning ordinances to ensure their plans comply with the regulations. This step is crucial to avoid costly delays or legal issues.

Obtaining the necessary permits requires applications and approvals from local planning departments or zoning boards. This process can be complex and time-consuming, involving building codes, environmental impact assessments, and sometimes public hearings.

Consulting with real estate attorneys or zoning specialists helps navigate these complexities and increases the chances of project approval.

Challenges in Obtaining Approvals

Zoning laws can be restrictive. They can limit the types of development allowed in certain areas, potentially increasing project costs or timelines. Many zoning changes or special permits require public hearings, during which community members can voice their concerns or objections. This process can delay or derail projects if not managed effectively.

Insufficient documentation or failure to demonstrate how a project benefits the community can lead to the denial of zoning applications. Many variance applications are denied due to a lack of proper justification.

Variances and Exceptions

A variance allows a property owner or developer to deviate from existing zoning regulations, typically when strict compliance would cause undue hardship or practical difficulties. Variances are subject to local government approval and often require public hearings.

Zoning boards may permit certain uses in a zone only under specific conditions or with a special permit, which they grant after reviewing and considering public input.

If a project does not fit within current zoning, property owners or developers can request a zoning change. This process is typically more involved, requiring public hearings and demonstrating that the change aligns with community planning goals.

Contact the Real Estate Lawyers at Bingaman Hess Today

Experience the benefits of working with a real estate lawyer. Contact Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys . Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Municipal Budgeting and Finance

Sat, 21 Jun 2025 19:59:21 GMT

Municipal budgeting and finance systems enable local governments to provide essential services while maintaining infrastructure and planning for future development. Municipalities face increasing public oversight and legal requirements, which necessitate that they follow a transparent financial process. This article examines three essential components of municipal finance: budget approval, financial oversight, and audit compliance.

Approving Budgets

The municipal budgeting process starts with annual budget preparation followed by approval procedures. The document contains projections for upcoming fiscal year revenues, along with planned spending amounts. The municipal council members who hold elected positions actively participate in reviewing and approving the budget.

The budget development process includes public outreach activities, departmental planning efforts, and thorough assessments of the previous year's results. Municipal staff members create draft budgets through their analysis of projected property tax income, grant money, user fee collections, and other revenue streams. The budget process requires staff to project capital and operating expenses according to available funding levels. The legal framework sets both time constraints and mandatory procedures for public notification and council authorization.

Municipalities must adopt their budgets before specific statutory deadlines, as failure to do so results in spending restrictions and financial penalties. The approved budget serves as a mandatory financial blueprint, enabling spending authorization and directing organizational choices throughout the entire year.

Financial Oversight

Continuous monitoring of financial activities ensures the proper use of municipal funds by the approved budget. The responsibility for financial oversight rests with municipal administrators, finance departments, and elected officials. Financial reports issued on a monthly or quarterly basis enable organizations to monitor actual performance against their budgeted figures. The reports enable municipal councils to identify discrepancies between actual and budgeted figures, allowing them to address revenue shortages and unexpected expenses and redistribute funds as needed.

Financial transparency through reporting helps maintain public trust in local government operations, providing a clear understanding of their activities. Financial oversight receives additional support from procurement policies together with internal controls and delegated spending authorities. Legal counsel provides essential support through procurement contract review, conflict-of-interest guidance, and regulatory compliance verification.

Audit Compliance

Municipal financial management depends heavily on audit compliance as its fundamental principle. Most municipalities need to perform annual external audits through independent auditors according to legal requirements. The purpose of this assessment is to check the accuracy of financial statements and confirm proper management of public funds. Auditors assess internal controls together with accounting practices and budgetary guideline compliance.

Auditors will identify potential areas for enhancement and highlight important risks during their evaluation process. Municipalities need to create formal management letters with action plans as their response to audit findings. Performance or value-for-money audits exist alongside financial audits for certain municipalities. The reviews extend past financial data to evaluate how well municipal programs and services deliver their intended value.

Municipalities that implement strong budgeting and finance practices protect public resources and support long-term planning while fulfilling their legal obligations. Municipalities can establish economic stability and maintain public confidence by focusing on proper budget approval, strict financial oversight, and thorough audit compliance.

Contact the Municipal Attorneys at Bingaman Hess Today

Do you want to reap the benefits of working with a municipal lawyer? Contact Bingaman Hess to schedule a consultation with one of our experienced municipal law attorneys and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

The Importance of Estate Planning

Sat, 14 Jun 2025 19:50:02 GMT

Estate planning is one of the most critical steps to take to ensure the protection of your assets and the care of your loved ones after you are gone. While it may not always be an easy topic to think about, planning your estate can give you peace of mind and help reduce stress for your family during an already difficult time. Whether you have a large estate or modest assets, creating a solid plan ensures that your wishes are honored and your legacy is preserved.

Why Plan Your Estate

Many people assume estate planning is only for the wealthy, but that could not be further from the truth. Everyone has an estate, whether it includes a house, savings, investments, a business, or personal belongings. Without a clear plan, a probate court will appoint an administrator to settle your estate, which might not reflect your preferences.

Estate planning allows you to decide how you will distribute your property, who will care for minor children, and who will manage your affairs if you cannot. Legal documentation minimizes potential family conflicts and ensures your wishes are carried out.

Benefits of Early Planning

Starting your estate planning early brings several advantages. First, it gives you more time to consider your options carefully and make thoughtful decisions. You can update your plan as your life circumstances change—whether it is marriage, divorce, the birth of a child, or changes in your financial situation.

Planning also gives you the chance to utilize tax planning techniques that can safeguard a portion of your assets for your loved ones. It allows you to convey your wishes to your family members, which can reduce the likelihood of conflicts or confusion.

Ensuring your documents are ready ahead of time is essential as it helps you prepare for any accidents or illnesses that may occur. Suppose you become incapacitated without a power of attorney or healthcare directive. In that case, your loved ones may face delays or legal hurdles when trying to manage your affairs or make medical decisions on your behalf.

Components of a Comprehensive Plan

A well-rounded estate plan includes more than just a will. Key components include:

Will : Specifies the distribution of your assets and names the guardians for any minor children.
Power of Attorney : It appoints someone to manage your financial and legal matters if you are unable to do so.
Healthcare Directive (or Living Will) : Outlines your preferences for medical treatment and appoints someone to make healthcare decisions on your behalf.
Trusts : These can help manage assets during your lifetime and distribute them according to your wishes after death, often avoiding probate.
Beneficiary Designations : Ensures that registered accounts like RRSPs, TFSAs, or life insurance policies go to the intended recipients.
Funeral and Burial Instructions : While not legally binding in some states, they provide guidance to your loved ones during a difficult time.

Estate planning is an essential act of care for yourself and for those you love. By starting early and creating a comprehensive plan, you can secure your legacy, avoid unnecessary complications, and ensure your final wishes are respected.

We Can Help You with Tax Planning Strategies for Your Estate

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. Proper estate planning will make things easier for your family and ensure that your wishes are followed.

Don’t wait! Talk to an experienced estate planning attorney at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Risk Management Strategies

Sat, 07 Jun 2025 19:42:31 GMT

Any organization requires effective corporate risk management to achieve long-term success and stability. A properly designed risk management strategy protects physical assets while maintaining brand reputation and regulatory compliance, which enables companies to handle uncertainty with confidence. The following components are essential elements of contemporary corporate risk management practices.

Identifying and Assessing Risks Inherent in Corporate Operations and Industry Environments

Every business operates in a unique risk landscape influenced by its internal processes, market dynamics, and regulatory environment. The first step in risk management is identifying and assessing potential threats that could impact operations, profitability, or reputation.

Operational risks may include supply chain disruptions, IT failures, labor shortages, or quality control issues. Industry-specific risks, such as fluctuating commodity prices in manufacturing or data breaches in tech, must also be considered.

A comprehensive risk assessment involves gathering input from across departments, analyzing historical data, and using risk matrices or modeling tools to rank risks by likelihood and impact. This process enables companies to prioritize the most critical vulnerabilities and develop informed response plans.

Implementing Risk Mitigation Strategies to Protect Corporate Assets and Reputation

Organizations can start taking steps to reduce identified risks after completing their risk assessment process. They achieve operational resilience through the combination of preventive measures with response planning in their mitigation strategies.

Organizations can decrease disruption risks through physical safeguards, which include fire suppression systems, cybersecurity protocols, and facility redundancies. Financial protection of the bottom line occurs through insurance policies, hedging strategies, and supply chain diversification.

The maintenance of public trust depends on clear communication plans together with employee training and ethical business practices for managing reputational risks. A risk-aware culture requires employees to understand their risk management responsibilities and receive authorization to respond to emerging threats. Regular training sessions, combined with audits and scenario planning exercises, maintain updated response plans and reinforce best practices.

Role of Corporate Counsel in Advising on Risk Management Practices and Regulatory Compliance

The identification and resolution of legal risks in corporate risk management depends heavily on corporate counsel. The business practices of companies align with applicable laws and regulations through in-house or retained legal teams, which handle labor codes, environmental standards, privacy laws, and international trade rules.

The legal team provides guidance on contract structures, compliance programs, internal policies, and dispute-resolution strategies. The legal team also tracks regulatory changes that affect business operations to suggest preventive measures that protect against penalties and damage to reputation.

Experienced counsel provides strategic guidance to organizations during risk assessments and crisis management planning activities. Their expertise in liability, governance, and regulatory frameworks makes them essential partners for developing operations that are both resilient and legally sound.

A proactive, integrated approach to corporate risk management, supported by operational leaders, legal advisors, and front-line staff, helps organizations anticipate challenges, safeguard their assets, and thrive in a dynamic business environment.

Consult With Our Legal Team

Litigation Risk Management

Sat, 24 May 2025 21:39:57 GMT

Organizations use litigation risk management to detect legal disputes and lawsuits, evaluate potential costs and risks, and implement strategies to reduce them. The process includes litigation prevention measures and strategic case management approaches, which aim to reduce financial losses and operational disruption and protect organizational reputation.

Identification of Potential Litigation Risks

Companies must recognize the various sources of potential legal action, such as contract disputes, employment issues, intellectual property conflicts, regulatory investigations, and product liability claims. These litigation risks can arise from customers, vendors, competitors, shareholders, and regulatory bodies.

It is crucial to evaluate the likelihood of legal action and the potential impact on the business, including direct costs (legal fees, settlements, damages) and indirect costs (reputational damage, management distraction).

Tools such as litigation risk assessments can provide early, concise evaluations of the risks and costs of specific litigation matters.

Developing Mitigation Strategies

Organizations that develop mitigation strategies anticipate, reduce, and manage potential legal risks that could impact business operations. Businesses can proactively address vulnerabilities by identifying and analyzing potential litigation threats, minimizing the likelihood of costly legal disputes.

This process involves implementing policies and practices to comply with legal standards, improving internal procedures, and providing employee training to ensure adherence to regulations. Additionally, designing strong document management systems can help preserve evidence and reduce the risk of legal missteps.

Effective mitigation strategies facilitate informed decision-making and help safeguard a company’s reputation, financial health, and legal standing.

Insurance Coverage

Insurance coverage is vital in litigation risk management, providing financial protection against potential legal claims and liabilities. By securing appropriate insurance policies, businesses can transfer the economic burden of litigation risks to the insurer, safeguarding their assets and ensuring continuity of operations.

Key coverage areas often include general liability, professiondal liability, employment practices liability, and directors and officers liability insurance. These policies help cover legal defense costs, settlements, and judgments, reducing the potential financial impact on the business.

Additionally, insurance instills stakeholder confidence and can enhance a company’s credibility and stability. Regularly reviewing and updating insurance policies ensures coverage aligns with evolving risks and legal landscapes. This proactive approach allows businesses to mitigate the financial repercussions of litigation, enabling them to focus on their core operations and strategic growth.

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Essentials of Lease Agreements

Sat, 17 May 2025 21:25:59 GMT

A lease agreement is a legally binding contract outlining the terms under which a property is rented. When written correctly, its elements ensure clarity, reduce disputes, and provide legal protection for both parties.

Here is what you should know:

Drafting Effective Agreements

Whether landlords draft it or hire someone else, a lease agreement requires clarity and detail. It is essential because it is a legally binding document outlining the terms and conditions agreed upon by the landlord and tenant. It helps prevent misunderstandings by clearly defining obligations, such as rent payments, maintenance responsibilities, and use of the property.

Detailing rules and expectations provides protection and recourse for both parties if a dispute arises. Additionally, a lease agreement ensures compliance with local laws and regulations, safeguarding the rights and duties of the landlord and tenant.

Critical Clauses to Include

Here are the most critical clauses in a lease agreement:

Identification of Parties : Clearly state the full legal names of the landlord and the tenants.
Lease Term : Specify whether the lease is fixed-term or month-to-month, including start and end dates.
Rent Details : State the exact rental amount, due date, payment method, and any late fees or grace periods.
Security Deposit and Fees : Outline the amount, purpose, conditions for deductions, and process for returning the security deposit.
Maintenance and Repairs : Define the responsibilities of both the landlord and tenant regarding property upkeep and repairs, as well as who pays for utilities.
Entry Rights : Clarify under what circumstances and with what notice the landlord can enter the property.
Termination and Renewal: Explain how to end the lease early, renewal procedures, and any penalties for breaking the lease.
Insurance Requirements: State if renters’ insurance is required and what coverage is needed.

How to Avoid Common Pitfalls When Drafting a Lease Agreement

Avoid future issues by following these suggestions:

Use Clear, Precise Language: Avoid vague or ambiguous terms when defining the details.
Include All Essential Information: Ensure that the lease covers all necessary aspects, such as smoking policies, rules for alterations, parking, and HOA regulations.
Specify Maintenance and Repair Responsibilities: Clearly define who is responsible for routine maintenance, repairs, and upkeep.
Disclose All Fees and Costs: List fees, such as security deposits, maintenance charges, and potential hidden costs.
Comply with Legal Requirements: Ensure the agreement meets all local, state, and federal laws.
Avoid Legal Jargon: Write the agreement in straightforward, easy-to-understand language.
Get a Professional Review: Have a real estate attorney review the lease before it’s signed to avoid errors or omissions.

With these steps, you can create a clear and enforceable lease agreement that protects both the landlord's and tenant's interests.

Contact the Real Estate Lawyers at Bingaman Hess Today

Real Estate Tax Assessment Appeals

Sat, 10 May 2025 21:16:17 GMT

You can appeal the assessment if you believe your municipality has overvalued your property for tax purposes. Navigating real estate tax assessment appeals can significantly impact your tax obligations. However, successfully appealing an assessment requires a thorough understanding of local tax laws, property values, and relevant documentation. Engage with municipal law attorneys for insights on effectively challenging and potentially reducing your tax assessments for optimal financial benefits.

Key Steps in the Appeals Process

Begin by carefully examining your assessment notice for errors in property details or valuation, and compare your property’s assessed value to similar properties in your area to identify discrepancies.

Collect the sales data for comparable properties, photos of property defects, repair estimates, or professional appraisals to support your case. Submit a written appeal to your assessment office.

When an assessment appeal is filed, you will attend a hearing before the assessment board to present your evidence. The board will make a decision that is then issued via mail.

If you are dissatisfied with the board’s decision, you may appeal to the Court of Common Pleas to have a judge review the matter.

Legal Strategies for Appealing Tax Assessments

It is important to gather sufficient evidence to confirm the value of your property. Most often, a formal appraisal is the best evidence of value.

Ensure you meet all the deadlines. Missing a filing deadline can forfeit your right to appeal.

Legal counsel is often advisable, especially for complex or high-value cases.

Trust Our Experienced Municipal Attorneys

Our municipal attorneys at Bingaman Hess are your go-to experts for navigating complex municipal transactions, including inaccurate tax assessments. From representing individuals to guiding corporations, we have you covered. Regarding municipal matters, we don't just follow the rules—we know how to leverage them to your advantage.

If you have questions or need help navigating the process, call us at 610.374.8377 or find us online.

Resolving Will and Trust Disputes

Sat, 03 May 2025 21:11:11 GMT

Will and trust disputes arise for various reasons and can be emotionally charged. Family members can sometimes navigate them by examining the testamentary documents and considering each party's concerns. Other times, only mediation or litigation can minimize conflict.

The following are some of the issues that cause disagreements:

Common Causes of Disputes

Claims of undue influence and lack of capacity: Disputes often occur when someone believes the will or trust was created or changed due to manipulation, pressure, or when the creator lacked the mental capacity to make informed decisions.
Fraud and forgery: Allegations that someone falsified documents or forged signatures in a will or trust are sometimes grounds for a dispute.
Ambiguous or contradictory language: Unclear, vague, or conflicting provisions in estate documents can result in differing interpretations and disputes among beneficiaries.
Disinherited or dissatisfied family members: Whenever someone is left out of a will or receives less than expected, they may contest the document, often citing undue influence or lack of capacity.
Breach of fiduciary duty: Trustees or executors who mismanage assets, act in their own interest, or fail to follow the terms of the will or trust could be subject to litigation from beneficiaries.
Family rivalries and long-standing resentments: Existing family conflicts or rivalries can intensify after a death, especially if someone feels unfairly treated in the distribution of assets.
Questions about validity: Allegations of improper execution of the will or trust, including missing signatures or improper witnessing, can also lead to disputes.

Mediation and Resolution in Will and Trust Disputes

Mediation is a voluntary process where a neutral third party (the mediator) helps those involved in a will or trust dispute communicate, clarify issues, and negotiate a mutually acceptable agreement. Unlike a judge or arbitrator, the mediator does not make decisions but facilitates discussion and problem-solving, allowing the parties to control the outcome.

Resolution in this context refers to reaching an agreement, either through mediation or negotiation, that settles the dispute without requiring a lawsuit. Settling out of court is often faster, less expensive, and more private, and it can help preserve family relationships instead of being damaged by adversarial litigation.

If mediation does not result in an agreement, parties can still pursue other legal avenues, including court litigation, to resolve the dispute.

What is the Litigation Process?

Resolving will and trust disputes through litigation generally follows these stages:

During investigation and pre-litigation, attorneys gather facts, review estate documents, and assess possible claims or defenses. The process formally begins when an interested party (such as a beneficiary or trustee) files a petition or complaint with the court outlining the dispute and requesting relief. The opposing party has the opportunity to respond and present its defenses.

In the discovery phase, both sides exchange information and gather evidence through various means such as document requests, interrogatories, depositions, and subpoenas. Either party may file motions to resolve certain legal issues before trial, such as motions to dismiss or for summary judgment.

Courts often encourage mediation , where a neutral third party helps the parties negotiate a settlement. If successful, the dispute is resolved without trial. If a settlement fails, the case proceeds to trial, where each side presents evidence, calls witnesses, and makes legal arguments. After closing arguments, a decision is rendered.

If a party is dissatisfied with any such decision, they may appeal the decision to a higher court, which reviews the trial for various matters such as legal errors.

We Can Help You Set Up a Will or Trust

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. Estate planning will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Homeowners Associations: Rights and Obligations

Tue, 29 Apr 2025 21:45:00 GMT

Homeowners associations (HOAs) exist in the realm of real estate law and are necessary for managing community living by enforcing rules and maintaining shared spaces. Understanding the rights and obligations involved is essential for both homeowners and board members to ensure harmonious living and effective governance within the community.

Role and Power of HOAs

HOAs manage and govern residential communities, helping to maintain their desirability and proper maintenance. The community's governing documents and state laws grant HOAs the power to enforce rules that protect property values and quality of life.

The organization controls communal spaces, enforces architectural requirements, and distributes budgeted funds derived from homeowner fees. The board members, elected through resident elections, establish community policies, handle disputes, and adhere to community guidelines.

HOAs provide mediation services to improve community living, but they have the authority to impose fines on non-compliant residents and will take legal action when necessary. HOAs maintain community cohesion by balancing individual property rights against community welfare needs to establish a peaceful environment for residents.

Dispute Resolution Mechanisms

Dispute resolution mechanisms in an HOA efficiently address conflicts while maintaining community harmony. These processes typically involve internal dispute resolution (IDR), alternative dispute resolution (ADR) , and, as a last resort, legal action.

IDR is the first step in resolving disputes within an HOA and focuses on addressing conflicts internally. It involves both parties reviewing the governing documents and submitting a formal complaint. The disputing parties meet to clarify issues and explore solutions. The board may facilitate a mediation session internally or escalate to a neutral third-party mediator if the dispute is unresolved. The HOA board reviews the case and decides based on the governing documents. If homeowners find the decision unfair, they can appeal through higher HOA authorities or committees.

ADR methods are the next step when IDR fails or is unavailable. These include:

Mediation: A neutral mediator helps disputing parties reach a voluntary agreement. Mediation is less formal and private and allows both parties to retain control over the outcomes.
Arbitration: A neutral arbitrator listens to evidence from both sides and makes a binding decision. This process is more structured than mediation but less costly than litigation.

If both IDR and ADR fail, disputes may escalate to court proceedings involving filing lawsuits, attending hearings, and receiving legally binding judgments. Legal action is generally expensive and time-consuming, making it a last resort.

Amending HOA Rules and Regulations

Changing the HOA’s rules and regulations requires a structured process to ensure community consensus and compliance with governing documents. First, a designated committee drafts and shares the proposed changes with homeowners for review and discussion. A meeting addresses concerns and suggestions, promoting transparency and participation.

Amendments generally require a formal vote, with the necessary approval rate specified in the association’s bylaws. Once approved, the updated rules are documented and distributed to all homeowners, ensuring everyone knows their rights and responsibilities under the new regulations.

Contact the Real Estate Lawyers at Bingaman Hess Today

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Municipal Tort Claims

Wed, 23 Apr 2025 10:00:15 GMT

Municipal tort claim s are legal actions against local government for civil wrongs causing injury or damage. These claims require navigating specific procedural rules, such as filing timelines and potential agency immunity. Successful claims often result in financial compensation for the injured and highlight governmental accountability.

How are Claims Handled?

A municipal tort claim concerns legal action against a governmental entity for alleged wrongdoing. These claims start with a notice of claim, which the injured party files within a statutory timeframe to alert the municipality of the intent to sue. This notice typically includes the details of the incident, alleged damages, and injury.

The entity reviews this notice, resolving the claim internally or denying liability. If denied or unresolved, the claimant may initiate a lawsuit, subject to specific procedural rules, including limited liability and immunities protecting governmental functions.

If the case proceeds to trial, a judge or jury determines the awarding of damages. Ultimately, municipal tort claims emphasize procedural precision, given the unique challenges and protections inherent in suing government entities.

How Can Municipalities Manage Risk?

Municipalities manage risks through comprehensive strategies that minimize potential liabilities while ensuring the safety and well-being of their communities. This process typically involves identifying potential hazards, such as natural disasters, infrastructure failures, and legal liabilities stemming from governmental operations.

Risk assessment is a key component of this strategy. The municipality evaluates potential hazards for likelihood and impact, allowing it to prioritize resources accordingly. Mitigating the identified risks means implementing risk control measures, such as regular maintenance of public infrastructure, training for emergency personnel, and the establishment of safety protocols.

Many municipalities purchase insurance coverage to protect against potential claims, ensuring fiscal stability. Community engagement and transparent communication also encourage a proactive culture by empowering citizens to participate in risk management efforts.

Continuous monitoring and updating of risk management plans ensure adaptability to evolving challenges. By integrating these strategies, municipalities can minimize risk exposure, enhance resilience, and safeguard public assets.

Defensive Strategies Municipalities Utilize

Municipalities can and do employ several defensive strategies to manage and mitigate risk effectively. Here are six to consider:

Insurance Coverage : As mentioned, securing comprehensive insurance policies helps municipalities protect against financial losses due to claims, minimizing the impact on public funds.
Regular Maintenance : Implementing robust infrastructure maintenance programs can prevent accidents and reduce liability by ensuring public facilities remain safe and functional.
Legal Compliance : Adhering strictly to local, state, and federal regulations can help municipalities avoid legal disputes and tort claims, reducing the risk of costly lawsuits.
Proactive Risk Assessment : Regular risk assessments identify potential vulnerabilities, allowing municipalities to address and mitigate risks before they materialize.
Emergency Preparedness : Developing and practicing emergency response plans will ensure municipalities respond efficiently to crises, minimizing harm and liability.
Public Education : Engaging with the community through education programs can raise awareness and foster public participation in risk reduction efforts.

Contact the Municipal Attorneys at Bingaman Hess Today

Do you want to reap the benefits of working with a municipal lawyer? Contact Bingaman Hess to schedule a consultation with one of our experienced municipal law attorneys and find the legal support you deserve.

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Corporate Intellectual Property Licensing and Agreements

Sat, 12 Apr 2025 21:36:18 GMT

Corporate intellectual property (IP) licensing and agreements are legal frameworks that govern the use, ownership, and transfer of intangible assets such as patents, trademarks, copyrights, and trade secrets. These contracts are essential for businesses to protect their innovations, monetize their IP, and manage relationships with third parties.

Negotiation and Drafting of Intellectual Property Licensing Agreements for Corporate Clients

Negotiating and drafting IP licensing agreements involves creating contracts that permit a licensee to use an IP owner's rights under specific conditions. Initially, parties identify the IP assets and key terms, including scope of use, duration, geographic reach, and financial arrangements like royalties or fees.

Negotiators ensure that the agreement reflects both parties' interests and complies with relevant laws. Drafting requires clear, precise language to prevent ambiguities and outline obligations, rights, and remedies. Legal teams often collaborate to address confidentiality, indemnities, and termination clauses. Thorough due diligence ensures the protection of assets and the mitigation of potential risks.

Protection of Corporate IP Assets through Licensing, Franchising, and Joint Venture Agreements

Protecting corporate IP assets helps businesses maintain a competitive advantage. Licensing agreements allow a company to grant permission for others to use their IP under predefined terms, generating revenue while retaining ownership and control. Licensing helps protect proprietary technologies and brand identity by establishing clear usage boundaries.

Franchising uses trademark protection by permitting franchisees to use a company's brand, operating methods, and products according to stringent guidelines that protect the brand's integrity and market reputation.

Companies collaboratively develop and exploit IP through joint venture agreements , sharing resources while delineating ownership, rights, and responsibilities. These agreements outline the transfer and termination of the IP, safeguarding against unauthorized use. Comprehensive clauses in these contracts address confidentiality, IP enforcement, and dispute resolution, offering complete protection of IP assets and fostering sustainable business partnerships.

Enforcement of IP Rights and Remedies for Breaches of Licensing Agreements

Corporations protect their assets by enforcing IP rights and quickly addressing breaches in licensing agreements. If a licensee violates the agreement terms, the licensor can enforce rights through various legal remedies.

Initially, the licensor might issue a "cease-and-desist" letter seeking a resolution without litigation. However, if the issues persist, mediation or arbitration offers more formal dispute resolution methods while preserving business relationships.

Legal action in court may become necessary for severe breaches, potentially resulting in injunctions to stop the unauthorized use, monetary damages for lost revenue, or statutory damages, if applicable.

A well-drafted licensing agreement, with straightforward terms regarding permitted use and breach consequences, strengthens enforcement efforts. It includes provisions for termination rights, indemnification, and specific performance. Safeguarding a company's IP rights ensures licensors maintain control over their assets, upholding brand integrity and ensuring continued revenue streams.

Hire an Experienced Law Firm for Help with Corporate Intellectual Property Licensing and Agreements

The experienced team of corporate attorneys at Bingaman Hess will work with you to assist you in navigating the complexities and challenges of corporate intellectual property licensing agreements.

With offices in Wyomissing, Kutztown, Harrisburg, and Media, we help clients in a broad range of counties to achieve their goals and turn their business aspirations into reality.

Contact us and get started with a comprehensive consultation.

Resolving Contract Disputes Effectively

Sat, 05 Apr 2025 21:36:15 GMT

Contract disputes can arise despite well-drafted agreements. Effectively resolving them requires strategic approaches that minimize costs, preserve relationships, and achieve fair outcomes. Below are the best practices:

Clarifying Agreement Terms

When the terms of a contract are clearly defined, both parties understand their obligations and expectations. Clearly defined terms reduce ambiguity and prevent misinterpretations, which can lead to disagreements. This clarity promotes effective communication and enables parties to address and resolve issues amicably and quickly while minimizing potential disruptions.

Precise contract terms should outline the project's scope, timelines, deliverables, and payment details, which are essential for managing the parties' expectations. Similarly, clear terms can serve as a reference point in mediation or arbitration by providing a concrete basis for settling disputes. This approach promotes transparency and trust while maintaining a positive working relationship and successful outcomes.

Negotiation Techniques

Effective negotiation can enhance the outcomes of contract discussions. One recommended approach is active listening, which focuses on the other party's perspective to build empathy and understanding. Preparation and research are crucial techniques requiring you to understand your needs and objectives while researching the other side's interests, hoping for a tactical advantage.

Utilizing open-ended questions encourages dialogue and uncovers deeper motivations. Maintaining a collaborative attitude rather than a confrontational stance fosters a problem-solving environment. Establishing a clear BATNA (Best Alternative to a Negotiated Agreement) empowers negotiators with options if discussions falter. Finally, patience and knowing when to pause or take breaks often defuse tension and allow for thoughtful decision-making, leading to mutually beneficial agreements.

Arbitration vs. Litigation

Arbitration and litigation are two distinct methods for resolving contract disputes. Arbitration involves a private process where an impartial arbitrator or panel makes a binding decision. It's usually quicker and more cost-effective than litigation, offering confidentiality and flexibility in proceedings. Parties often select industry experts as arbitrators, ensuring informed decisions.

Conversely, litigation is a public process conducted in court, presided over by a judge, potentially with a jury. It can be lengthy and expensive, but it provides a formal setting with the possibility of appeal, ensuring precedent adherence.

While litigation offers potent procedural protections, many favor arbitration for its efficiency and privacy. Choosing between them depends on the parties' priorities, such as speed, cost, confidentiality, and legal recourse.

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When a legal issue arises, you want an experienced litigation attorney to represent and protect your interests. Call the law firm of Bingaman Hess. Our experienced litigation attorneys, known for their personalized approach, will review your legal issue and recommend your best strategy.

Managing Covenants in Real Estate

Sat, 29 Mar 2025 15:09:34 GMT

In real estate law , covenants are legally binding agreements that restrict or dictate how property owners can use their land. These agreements are typically in property deeds or separate documents referenced by the certificate of title, and they help to maintain property values and community standards.

Understanding Restrictive Covenants

Restrictive covenants in real estate are legal agreements embedded in property deeds or contractual agreements that limit how an owner may use a property. Typically imposed by developers or homeowner associations, these covenants ensure uniformity and maintain property values within a neighborhood or community.

Common restrictions include limitations on structural modifications, exterior color choices, types of permissible landscaping, and restrictions on commercial activities on residential lots. They could also cover guidelines regarding pet ownership, fence height, or vehicle parking rules.

Covenants aim to preserve an area's intended character and aesthetic appeal, benefiting all residents by providing a predictable and cohesive environment. Violating these covenants can lead to legal disputes and potential penalties.

Buyers should thoroughly review existing restrictive covenants before purchasing a property to ensure they align with their lifestyle and plans. This will allow them to make an informed decision.

Enforcement of Covenants

Homeowner associations (HOAs) or neighborhood committees typically oversee and enforce restrictive covenants through various legal mechanisms outlined in the agreements.

They can monitor compliance, address violations, and initiate corrective actions. If an owner violates a covenant, the HOA or affected parties can issue warnings, demand rectification, or impose fines. Continued non-compliance may lead to legal action, where the enforcing party seeks a court order requiring adherence to the covenant or imposing damages for the breach.

The enforcement seeks to protect communal interests but must balance fairness and reasonableness to withstand legal scrutiny.

Modifying or Removing Covenants

Removing or modifying restrictive real estate covenants involves a legal process requiring negotiation, agreement from affected parties, or judicial intervention. First, review the covenant’s terms to understand the governing rules or limitations. Often, covenants include provisions for amendment or removal, typically requiring a majority or unanimous consent from property owners within the affected community or the homeowners association.

If the covenant is outdated or overly restrictive, homeowners can gather support from neighbors or fellow property owners. They can present a formal request or petition to the HOA or relevant governing body, clearly outlining why the change is necessary or beneficial. Sometimes, demonstrating that a covenant no longer serves its original purpose can be persuasive.

If an informal resolution fails, legal action might be necessary. A real estate attorney can guide you through filing a lawsuit to seek a court order invalidating or altering the covenant, especially if it conflicts with public policy or modern standards.

Contact the Real Estate Lawyers at Bingaman Hess Today

Corporate Real Estate Transactions

Sat, 15 Mar 2025 15:09:17 GMT

Corporate real estate transactions involve businesses' strategic acquisition, management, and disposition of commercial properties. These transactions are crucial for optimizing assets, expanding operations, and maximizing return on investment. Corporate real estate professionals who navigate complex legal, financial, and market dynamics ensure alignment with corporate goals and sustainable growth in a competitive landscape.

Legal Aspects of Commercial Real Estate Acquisitions, Leasing, and Development Projects

Companies must consider the legal aspects of commercial real estate acquisitions, leasing, and development projects to ensure compliance, minimize risks, and protect investments. In acquisitions, due diligence is essential, involving title searches, environmental assessments, and zoning verifications to uncover legal impediments. Meticulously drafting purchase agreements ensure the terms reflect both parties' intentions and addresses contingencies.

Leasing involves negotiating terms that balance tenant and landlord interests, encompassing rent calculations, maintenance obligations, and renewal options.

Development projects require navigating regulatory approvals, zoning laws, and environmental regulations. Securing permits involves meeting stringent legal criteria, and failure to comply can lead to costly delays or legal challenges. Strategic collaboration with legal advisors ensures robust contracts, protecting against liabilities.

Understanding these legal intricacies is crucial for successfully executing commercial real estate dealings, safeguarding interests, and fostering sustainable development.

Due Diligence Requirements and Environmental Considerations in Corporate Real Estate Transactions

Corporate real estate transactions require due diligence, a comprehensive process to identify potential risks and liabilities before finalizing a deal. It involves verifying property titles, reviewing financial records, and assessing existing leases or contracts. Conducting inspections and appraisals further ensures the property's physical and market conditions align with the investment's strategic goals.

Environmental considerations are integral to this process, as they can significantly impact valuation and compliance. Environmental Site Assessments (ESAs) identify potential contamination, such as hazardous materials or underground storage tanks, that might require remediation. Understanding local regulations and restrictions related to environmental protection is crucial to avoid legal penalties and additional costs. This thorough investigation helps mitigate risks, supports informed decision-making, and ensures the transaction aligns with corporate sustainability goals.

Negotiation Strategies for Favorable Terms in Real Estate Contracts and Agreements

Negotiating favorable terms in real estate contracts requires a strategic approach combining preparation, adaptability, and effective communication. Conducting thorough market research to understand current conditions and comparable property values is necessary to form a solid negotiation basis. There is also the need to establish clear objectives, identifying key priorities and acceptable trade-offs.

It is necessary to engage in open dialogue with the other party, building rapport and trust to facilitate cooperative negotiations. Presenting your case with supporting data and being ready to counter objections with alternative solutions or concessions is key. Including contingency clauses to safeguard interests against sudden changes or unforeseen events is also important.

Leverage timing to your advantage; showing a willingness to walk away may strengthen your position. Employ professional advisors, such as real estate attorneys or negotiators, to ensure language clarity and legal protection. Adaptability and a collaborative mindset can lead to mutually beneficial agreements in real estate contracts.

Hire an Experienced Law Firm for Corporate Real Estate Challenges

The experienced team of corporate attorneys at Bingaman Hess will work with you to assist you in navigating the complexities and challenges of corporate real estate, including acquisitions, leases, and development.

With offices in Wyomissing, Kutztown, Harrisburg, and Media, we help clients in a broad range of counties to achieve their goals and turn their business aspirations into reality.

Contact us and get started with a comprehensive consultation.

Legal Risks in Municipal Operations

Sat, 22 Feb 2025 23:00:00 GMT

Municipal operations encompass various activities vulnerable to legal risks, including regulatory compliance, liability for public services, contract disputes, and public safety. When municipalities understand these risks they can better manage potential legal challenges effectively, protect public funds, and ensure efficient governance. Comprehensive risk assessments can mitigate adverse legal outcomes.

Identifying and Mitigating Risks

Municipalities can identify and mitigate risks through a systematic risk management process. First, they should conduct comprehensive risk assessments involving audits and evaluations of current operations to identify potential vulnerabilities. Engaging stakeholders, including legal experts and community members, ensures diverse perspectives and thorough analysis. Once municipalities identify these risks, they can prioritize them based on their likelihood and potential impact.

Establishing clear policies and procedures and regular staff training helps minimize risks related to non-compliance or errors. Municipalities should also consider insurance to transfer some of the risks. Additionally, maintaining open communication channels with the public fosters transparency and aids in the early detection of issues. Municipalities can safeguard their operations, resources, and community trust by implementing these proactive strategies.

Insurance Coverage

Insurance is a critical tool for municipalities to manage legal risks. It provides financial protection and stability and helps cover the costs associated with litigation, settlements, and compensation related to third-party claims, such as accidents or property damage occurring on municipal property. Municipal insurance enables municipalities to allocate resources to public services instead of unforeseen liabilities.

Comprehensive coverage options like general liability, public officials’ liability, and workers’ compensation policies address the unique exposures municipalities face. Many insurance companies offer risk management resources and legal expertise to help municipalities identify potential vulnerabilities and implement preventive measures.

Municipalities can focus on governance and service delivery by transferring specific risks to insurers while ensuring financial resilience against unexpected legal challenges.

Case Studies

Municipalities often walk a fine line between service delivery and legal minefields. Here are two case studies illustrating how municipalities are at risk:

Slippery Sidewalks in Toronto

In 2020, the city faced many lawsuits after failing to salt the sidewalks on time following a snowstorm. One particular case saw a woman suffer a severe back injury that led to a contentious court battle. Her lawyer showed evidence of the city's delayed response and lack of adherence to its maintenance schedule. The city ended up settling in the hundreds of thousands with a bruised reputation.

Missing Records in San Diego

In 2017, San Diego discovered that transparency isn't optional—it is the law. A resident group accused the city of withholding public records about a controversial housing development. Emails mysteriously vanished, and the courts determined that the city had violated state transparency laws, resulting in a six-figure fine, legal fees, and a PR nightmare.

Trust Our Experienced Municipal Attorneys

Our municipal attorneys at Bingaman Hess are your go-to experts for navigating complex municipal transactions and tackling legal challenges. From representing individuals to guiding corporations, we have you covered. Regarding municipal matters, we don't just follow the rules—we know how to leverage them to your advantage.

If you have questions or need help navigating the process, call us at 610.374.8377 or find us online.

Types of Trusts and Their Benefits

Fri, 14 Feb 2025 22:10:40 GMT

Trusts are powerful financial planning tools that offer various benefits for asset management, estate planning , and wealth transfer. Several types of trusts serve specific purposes and provide unique advantages. Here's an overview of the main types of trusts and their benefits:

Differences between Trust Types

Living trusts (inter vivos trusts) are created and become active during the grantor's lifetime. Assets in these trusts bypass the probate process, saving time and money. Unlike wills, living trusts are not public records, maintaining confidentiality for the estate.

Testamentary trusts , on the other hand, are created after the grantor's death according to their will. They allow the grantor to dictate asset distribution even after death.

Revocable trusts can be altered or revoked by the grantor at any time, offering flexibility since the grantor retains control over assets and can make changes as needed.

Irrevocable trusts cannot be changed or revoked after the grantor establishes them. Assets in an irrevocable trust may not be subject to estate taxes and can shield assets from creditors and legal claims.

Specialized Trusts

Charitable trusts benefit charitable organizations while offering tax advantages to the grantor. They provide income to a charity for a set period before distributing the remaining assets to beneficiaries.

Special needs trusts provide for individuals with disabilities without compromising their eligibility for government benefits.

Asset protection trusts shield assets from potential legal claims while keeping the ownership details confidential.

Choosing the Right Trust

Choosing a trust begins with several considerations, the most important being determining the trust's purpose. Are you looking for asset protection, tax planning, or managing assets for your beneficiaries? Evaluate the types of trusts available, such as revocable, irrevocable, or testamentary, and consider how each aligns with your needs. Assess the tax implications and costs of setting up and maintaining the trust. Consult with an estate planning attorney to ensure compliance with legal requirements and understand each option's implications.

Consider the beneficiaries' circumstances and any specific conditions you want to include. Finally, select a trustworthy trustee who will manage the trust according to your wishes. Each decision should align with your overall estate planning goals and personal circumstances.

Estate Planning Integration

A trust is a fundamental component of estate planning, offering flexibility and control over asset distribution. It allows individuals to dictate precisely how and when their assets are transferred to beneficiaries, often reducing probate delays and associated costs.

Trusts can provide tax benefits and protect assets from creditors or lawsuits. They can meet specific goals, such as ensuring funds are available for education, medical expenses, or managing assets for minors.

Also, trusts maintain privacy, unlike wills, which become public records. By appointing a reliable trustee to manage the trust, individuals ensure their estate is preserved and allocated according to their wishes, enhancing overall estate planning strategies.

We Can Help You Choose the Right Trust

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. Trusts and estate planning will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Governance in Family-Owned Businesses

Sat, 08 Feb 2025 21:59:32 GMT

In family-owned businesses, corporate governance involves balancing the principles of effective management with the unique dynamics of family influence. It emphasizes transparency, accountability, and strategic decision-making while addressing potential conflicts of interest, succession planning, and aligning family and business goals to ensure sustainability and growth across generations.

Unique Governance Challenges Faced by Family-owned and Closely-held Corporations

Family-owned corporations face unique governance challenges that distinguish them from publicly traded companies, primarily because of the intertwined nature of family and business dynamics. One major challenge is the potential for conflicts of interest, as family relationships can influence business decisions, sometimes prioritizing family ties over merit-based choices.

Succession planning is another critical issue, as the transition of leadership from generation to generation can raise conflicts about control and direction, risking business continuity.

Governance structures may be less formalized, leading to limited accountability and transparency. Often, aligning the diverse interests and expectations of family members, some of whom may not be actively involved in the business, can be difficult. These challenges require clear policies and communication to prevent disputes and to maintain the corporation's growth and stability.

Succession Planning and Corporate Governance Strategies for Preserving Family Businesses across Generations

Succession planning and corporate governance are critical for preserving family businesses across generations. When properly enacted, these approaches help ensure smooth leadership transitions and maintain the business's long-term sustainability.

Succession Planning Strategies

Succession planning should begin as early as possible, ideally 10-15 years before the anticipated transition. Starting earlier allows ample time to prepare and develop potential successors and helps families assess the current situation and prepare for the future.

Developing a Comprehensive Succession Plan

A well-structured succession plan should include a timeline for assuming responsibilities and a detailed transition plan for ownership and management changes.

Balance Family and Business Interests

Try to balance family priorities and strategic business goals by defining clear roles for family members in the business and establishing policies for family member employment and compensation.

Establish Clear Governance Structures

Implement formal governance structures to ensure effective decision-making and accountability. These should include:

Family Assembly: A forum for all family members to discuss business matters
Family Council: A smaller group representing family interests
Board of Directors: Oversees business operations and strategy
Top Management Group: Handles day-to-day business operations

Legal Considerations for Balancing Family Dynamics with Corporate Decision-Making

In addition to establishing governance structures and a succession plan, balancing family dynamics with corporate decision-making requires several legal considerations:

Shareholder agreements clarify family members' rights and decision-making processes, reducing conflicts.
Employment policies are crucial to prevent nepotism by ensuring fair hiring and promotion practices.
Implementing conflict resolution mechanisms, such as mediation or arbitration clauses, helps address and resolve disputes efficiently and fairly.

These legal tools help align family interests with business objectives while maintaining harmony and robust governance.

Hire an Experienced Law Firm for Corporate Governance Challenges

The experienced team of corporate attorneys at Bingaman Hess will work with you to assist you in navigating the complexities and challenges of corporate governance in family-owned businesses.

With offices in Wyomissing, Kutztown, Harrisburg, and Media, we help clients in a broad range of counties to achieve their goals and turn their business aspirations into reality.

Contact us and get started with a comprehensive consultation.

Insurance Litigation

Sat, 01 Feb 2025 21:52:42 GMT

Navigating the complexities of insurance in litigation can be daunting, as common issues often arise that require careful analysis and strategic resolution. This article explores some of the challenges, including policy interpretation, coverage disputes, and bad faith claims. It offers insights and practical solutions to manage and mitigate risks in legal proceedings.

Policy Interpretation

Policy interpretation may lead to disputes between insurers and policyholders. Here are some common issues:

Claim of Ambiguity in Policy Language

Insureds will sometimes argue that policy terms have more than one reasonable interpretation. However, courts interpret the policy according to its plain meaning if it is clear and unambiguous.

Interpretation of Exclusions

Applying and interpreting policy exclusions may sometimes lead to litigation. Courts tend to interpret exclusions narrowly against the insurer. We can assist insurers in the proper application and interpretation of policy exclusions.

Conflict of Laws

Each U.S. state has its own laws governing insurance policy interpretation, and differences in state laws can complicate policy interpretation.

Understanding these aspects of policy interpretation is crucial for insurers in navigating insurance litigation. The outcome of these disputes can have significant financial implications and may set precedents that affect future cases and policy drafting.

Coverage Disputes

Disputes can arise when there is a disagreement between the insurer and the insured regarding the interpretation or application of the policy. These disputes involve various issues, such as whether the policy covers a particular event or loss, the scope of coverage, or the amount of compensation owed.

The suggestion of language ambiguities within the policy, such as conditional clauses or exclusions, may lead to differing interpretations. Additionally, disputes may occur over the insured’s suggestion that the insurer has a duty to defend or indemnify the insured in third-party claims.

Resolving these conflicts requires thoroughly examining the policy language through negotiation, litigation, or arbitration. We can assist insurance carriers with a clear understanding of their rights and obligations under the policy to avoid prolonged disputes and ensure the intended protection and benefits.

Bad Faith Claims

Bad faith claims occur when an insured party accuses the insurer of failing to fulfill its obligations fairly and honestly, as the insurance contract mandates. One example of a bad faith claim is the allegation of an unwarranted denial of coverage. We assist insurance carriers in regard to bad faith claims brought against them.

Put Our Experience on Your Side!

The Role of Easements in Property Use

Sat, 25 Jan 2025 18:08:41 GMT

Easements are legal agreements granting rights to individuals or entities to utilize another's land for specific purposes. They facilitate access, utility installation, and maintenance, balancing landowner privileges with societal and infrastructure needs. Thus, they ensure efficient land use and minimize potential disputes requiring legal real estate intervention .

Types of Easements

There are several types of easements in property use, including:

Appurtenant easements are tied to the land, benefiting an adjacent property and typically passing with property ownership.
Easements in gross benefit an individual or entity, not tied to any specific property but often used for utility access.
Prescriptive easements are acquired through continuous and open use over a legally defined period without the owner's permission.
Express easements are created through a written agreement between the property owner and the easement holder.
Implied easements arise from circumstances, often when properties are divided and a necessity for access becomes apparent.
Easements by necessity are granted when land access is necessary, often because the land would be inaccessible otherwise.

Understanding these different types of easements is crucial for property owners, as they can significantly impact land use rights and responsibilities. Each type serves a specific purpose in balancing the needs of various parties while ensuring efficient use of land resources.

Creating and Terminating Easements

Creating easements involves a written agreement between the property owner and the party obtaining the easement. This agreement is often documented through a deed or contract detailing the easement's scope, duration, and specific use. It is usually recorded with the local land records office to establish its legality and public awareness. Easements can also arise through necessity, implication, or prescription, such as prolonged, unchallenged land use.

Terminating easements can occur through various methods. The most straightforward is a mutual agreement between involved parties, documented and recorded formally. Easements can also end if the benefiting party acquires the land, making the easement unnecessary, or through abandonment, where non-use over a significant period demonstrates relinquishment.

Additionally, changes in the property that render the easement impractical or unnecessary can lead to termination. Legal proceedings may sometimes be required to resolve disputes over the easement's validity or termination.

Disputes and Legal Resolutions

If disputes occur over easements, there are several legal resolutions available:

Negotiation and mediation are often the first steps in resolving easement disputes.
Arbitration is another option if negotiation and mediation fail. An impartial arbitrator or panel reviews evidence and arguments from both sides and makes a binding decision.
Litigation happens when all other methods fail. It involves filing a lawsuit in court to reach a final decision. These proceedings are potentially lengthy and costly.
Quiet title action is a legal proceeding to establish clear property ownership and easement rights.
Declaratory relief involves asking the court to determine the rights and obligations of parties regarding the easement.

Remember, it is best to consult an experienced real estate attorney who can evaluate the situation and recommend the most appropriate legal strategy when facing an easement dispute.

Contact the Real Estate Lawyers at Bingaman Hess Today

Navigating Condemnation and Eminent Domain

Sat, 18 Jan 2025 18:01:08 GMT

Condemnation and eminent domain are closely related legal concepts concerning the government's power to take private property for public use. This complex area of municipal law balances public needs with private property rights, requiring property owners to be aware of their rights and potential compensation amidst administrative and legal challenges.

Rights of Property Owners

Property owners have several fundamental rights, often grouped under the term "bundle of rights." These include the right to possess, use, and enjoy their property without interference, giving them control over its use. Owners can lease, sell, or transfer ownership, providing flexibility and potential economic benefits from their investment. Additionally, owners can exclude others from the property, ensuring privacy and personal enjoyment.

However, these rights come with responsibilities and limitations. Property owners must adhere to local zoning laws, codes, and environmental regulations, which can restrict specific uses. Owners are entitled to fair compensation for condemnation or eminent domain if their property is taken for public use.

Understanding these rights and responsibilities is crucial for protecting one's interests and navigating any legal complexities that may arise. It ensures owners can fully benefit from and effectively manage their property.

Municipal Powers

Municipalities wield significant powers in condemnation and eminent domain, allowing them to take private property for public uses such as infrastructure development, utilities, or community projects. This authority is based on the more comprehensive governmental aim to serve public interests and promote urban development. Municipalities can legally acquire private property through condemnation proceedings regardless of the owner's consent, although the process must adhere to procedural fairness standards.

The key to this power is the requirement for municipalities to provide " just compensation " to affected property owners, ensuring they receive fair market value for their losses. Municipalities must also demonstrate a legitimate public use for the acquisition, which can sometimes be a contentious point requiring legal adjudication.

In exercising these powers, municipalities must balance the need for public development with respect for private property rights. They often negotiate to avoid lengthy legal disputes and ensure equitable outcomes for all parties involved.

Fair Compensation

Fair compensation in condemnation and eminent domain cases is the concept that ensures property owners receive appropriate payment when the government takes their private property for public use. The primary components of fair compensation include:

Just compensation is the constitutional requirement that the government provide payment based on fair market value when exercising eminent domain powers.
Fair market value is the highest price a willing buyer would pay a willing seller in an open and competitive market.
Severance damages apply when only a portion of the property is taken, and compensation may include damages for the reduced value of the remaining property.

Determining fair compensation can involve professional appraisals, negotiation, and legal proceedings if the parties cannot agree. It's important to note that property owners facing condemnation or eminent domain proceedings should consider seeking legal counsel to ensure they receive fair compensation for their property.

Choose the Right Municipal Law Attorney

Are you facing condemnation or eminent domain issues? The municipal attorneys at Bingaman Hess are ready to assist. With extensive experience in these contentious legal concepts, our team offers a comprehensive range of legal services. Whether you need ongoing legal counsel or help with a specific issue, Bingaman Hess has you covered.

Call our municipal attorneys today at 610.374.8377 or find us online .

Navigating the Estate Administration Process

Sat, 11 Jan 2025 17:51:12 GMT

The estate administration process is often complex; navigating it alone can be daunting. Understanding the essential steps and responsibilities can help streamline the process. Here is what you should know:

Steps in the Process

The estate administration process involves several steps to manage and distribute a deceased person's assets. Here's an overview of the main stages:

Initial Steps

Locate essential documents, including the deceased's will, trusts, financial records, and other vital papers.
Obtain death certificates from the funeral director.
Notify relevant parties, such as Social Security, creditors, beneficiaries, and heirs.
File a petition to probate the estate with the local probate court.

Asset Management

Identify and secure all assets, including property, bank accounts, investments, and personal belongings, by inventorying them.
Appraise the assets to determine their market value at death.
Set up a bank account in the estate's name to manage finances.

Debt and Tax Obligations

Inform creditors of the death and the probate process.
Settle outstanding debts, file necessary tax returns, and pay applicable taxes.
Submit a complete inventory of assets and their values to the court.

Distribution and Closing the Estate

Create a detailed record of all financial transactions related to the estate.
Allocate the remaining assets to beneficiaries according to the will or state law.
Submit a final accounting and distribution plan to the court for approval.
Once approved, distribute assets and officially close the estate.

Role of the Executor

The estate's executor manages and settles the deceased's estate according to the will or, if no will exists, under state laws. Their responsibilities include gathering and valuing assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.

Executors manage day-to-day tasks such as closing accounts and maintaining property, ensuring efficiency and legality. They must communicate with beneficiaries, legal professionals, and financial institutions to ensure compliance with legal obligations and the deceased's intentions, making this role both a fiduciary duty and a position of trust.

Dealing with Debts and Taxes

Debts and taxes are crucial to the estate administration process. Here is an overview of managing these obligations:

Debt Obligations

First, the executor compiles a comprehensive list of the deceased's liabilities, including outstanding loans, credit card debts, and unpaid bills.

They inform creditors of the death and allow them to make claims against the estate. After verifying the legitimacy of each debt claim, the executor

pays them in a specific order as determined by state law.

Tax Obligations

The executor files the deceased's final personal income tax returns (federal, state, and local) and pays the taxes before distributing assets to beneficiaries. The estate might also be subject to federal or state taxes depending on its value. The executor is also responsible for paying property taxes on any real estate owned by the estate until it is transferred or sold.

By carefully managing these obligations, executors can ensure that the estate's debts and taxes are appropriately handled, fulfilling their fiduciary duty and protecting the interests of the beneficiaries.

Don't Delay – Secure Your Future with Estate Planning Today

If you seek an estate planning lawyer who offers efficient and effective estate planning and trust services, look no further than the experienced attorneys at Bingaman Hess.

Corporate Data Privacy and Cybersecurity

Sat, 04 Jan 2025 17:42:27 GMT

Today's digital era requires top priority for corporate data privacy and cybersecurity to safeguard sensitive information from cyber threats. Protecting data integrity ensures compliance with regulations and builds trust with stakeholders. Companies must implement robust strategies to address evolving risks and preserve their competitive edge.

Legal Requirements for Protecting Sensitive Corporate Data and Customer Information

Regardless of any specific law or jurisdiction, companies generally must implement reasonable security measures to protect sensitive data. These include:

Limit data collection to what is necessary
Obtain consent for processing sensitive data
Provide clear privacy notices to consumers
Allow consumers to exercise their data rights (access, correction, deletion)
Conduct data protection impact assessments for high-risk activities
Have contracts with vendors that meet specific data protection requirements
Notify affected individuals and authorities in case of data breaches

To comply with these requirements, companies should:

Assess what information they have and who has access to it
Implement strong access controls and authentication methods
Encrypt sensitive data
Regularly update and patch systems
Train employees on data protection practices
Conduct regular risk assessments
Develop and maintain an incident response plan

By adhering to these legal requirements and best practices, companies can better protect sensitive corporate data and customer information, reducing the risk of data breaches and regulatory penalties.

Compliance with Data Privacy Laws such as GDPR and CCPA in Corporate Operations

GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act) are significant data privacy regulations that substantially impact corporate operations, mainly how businesses handle personal data.

General Data Protection Regulation (GDPR)

GDPR is a comprehensive data protection law that came into effect in the European Union (EU) in 2018. It applies to any organization that processes personal data of EU residents, regardless of the company's location. The law mandates appropriate technical and organizational measures to ensure data security.

California Consumer Privacy Act (CCPA)

Enacted in 2020, CCPA is a state-level privacy law in the United States that aims to enhance privacy rights and consumer protection. It applies to for-profit businesses that meet specific thresholds related to revenue, data processing volume, or data-selling activities. CCPA grants California residents the right to access, delete, and opt out of the sale of their personal information. It also mandates reasonable security measures to protect consumer data.

Strategies for Mitigating Cyber Risks and Responding to Data Breaches

Cybersecurity risk mitigation and data breach response are critical components of an organization's security strategy. Here are some strategies for addressing them:

Cybersecurity Risk Mitigation

Encrypt sensitive data and create regular backups
Install and maintain firewalls and antivirus software
Implement network segmentation to restrict access in case of a breach
Use strong passwords and multi-factor authentication
Keep all software and systems updated and patched
Limit and control account access
Implement robust access control measures
Regularly review and update user permissions
Conduct regular assessments and training
Implement continuous monitoring tools like SIEM and EDR solutions

Data Breach Response Strategies

Develop a comprehensive data breach response plan
Establish clear roles and responsibilities for breach response
Contain the breach by disconnecting affected systems from the network
Mobilize the incident response team and activate the response plan
Identify the type of data compromised and potential risks to affected individuals
Notify affected individuals, relevant authorities, and other stakeholders as required by law
Implement a communication plan to manage internal and external messaging

Implementing these strategies can significantly reduce cybersecurity risks and be prepared to respond effectively to data breaches.

Consult With Our Legal Team

The corporate attorneys at Bingaman Hess will ensure that your business complies with local and national laws. Contact us today to schedule a consultation. Our corporate attorneys provide the highest level of representation and personalized attention.

Understanding Probate Litigation

Sat, 28 Dec 2024 18:01:59 GMT

Probate litigation is a legal process when disputes arise during an estate's probate. It involves heirs, beneficiaries, executors, or administrators filing lawsuits to resolve conflicts related to wills, trusts, or estate administration.

Understanding probate litigation is essential for anyone involved in the administration of an estate, as it can significantly impact the outcome of inheritance and estate proceedings. Here is what you should know:

Will Contests

Will contests are formal legal challenges to the validity of a will during probate. These disputes arise when an interested party believes the will does not accurately reflect the testator's true intentions or is invalid for other reasons.

Common reasons for challenging a will include:

Lack of testamentary capacity

Undue influence
Fraud or coercion
Improper execution
Insane delusion

A person must have legal standing to contest a will, typically meaning they have a direct financial interest in the estate or are named in the will.

Initially, the will's proponent must prove it was executed correctly. If challenged, the burden shifts to the contestant to prove the will's invalidity.

Will contests are typically handled in probate court with the challenger providing evidence supporting their claims, which can include:

Eyewitness testimony
Medical records
Expert opinions
Circumstantial evidence

Courts generally presume a will's validity unless compelling evidence proves otherwise.

Trust Disputes

Trust disputes arise over the management, interpretation, or execution of a trust. These disagreements typically involve trustees, beneficiaries, or other interested parties and can occur for various reasons, including:

Beneficiaries may accuse trustees of failing to fulfill their fiduciary duties, such as improperly investing, self-dealing, or distributing assets as outlined in the trust document.
Vague or unclear language in the trust can lead to differing interpretations of the grantor's intentions, causing disputes over distribution terms or trustee powers.
Conflicts between beneficiaries occur because of perceived favoritism, sibling rivalries, or unequal distributions.
Attempts to change or end a trust can lead to disputes, especially when beneficiaries or trustees seek to alter the terms after the grantor's death.
Breach of fiduciary duty occurs when a trustee fails to act in the best interests of the beneficiaries, such as not providing required accountings, improperly using trust assets, or failing to file tax returns.
Heirs may contest the trust's validity due to concerns about the grantor's capacity or undue influence.

Estate Management Conflicts

Estate management conflicts often emerge during the administration of an estate, frequently related to the interpretation of the will, distribution of assets, or management of trust funds. Common triggers include unclear or contested wills, where beneficiaries dispute the deceased's intentions, or perceived mismanagement by the executor, leading to allegations of favoritism or mishandling of assets.

Family dynamics and emotions often complicate these disputes, as longstanding grievances may resurface. Resolving such conflicts typically requires mediation or legal intervention to ensure a fair distribution, compliance with the deceased's wishes, and adherence to legal obligations.

Experienced Probate Litigation Attorneys You Trust

Our civil litigation attorneys specialize in representing parties involved in these disputes. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

Drafting Residential and Commercial Leases

Sat, 21 Dec 2024 17:58:23 GMT

Whether leasing residential or commercial properties, it is essential to understand the nuanced art of drafting leases. A well-crafted lease is a legally binding agreement that outlines landlords' and tenants' rights and responsibilities, ensuring clarity and safeguarding interests.

It sets the stage for a harmonious landlord-tenant relationship by detailing terms such as lease duration, payment obligations, maintenance duties, and provisions for dispute resolution.

This article provides the foundational knowledge to create comprehensive and precise lease agreements that address specific property needs and legal necessities.

Key Terms and Conditions

When drafting a lease, it is essential to include several key terms and conditions. Although there are similarities, commercial leases tend to have more complex provisions due to the nature of business operations.

Lease duration and renewal specify the start and end dates of the lease, typically ranging from 6 months to 1 year for residential properties and 3 to 10 years for commercial properties.
Rent and payment terms outline the rent amount, due date, accepted payment methods, and any late payment penalties.
Security deposit details the amount of the security deposit, its intended use, and conditions for its return.
Use of premises specifies the allowed use of the property, typically for residential purposes only. A commercial lease dictates the kind of business activities permitted on the property and any restrictions.
Maintenance and repairs define the responsibilities of the landlord and tenant regarding property upkeep and repairs.
Insurance requirements state the types of commercial insurance required, such as property, liability, and business interruption insurance.
Utilities and services clarify who is responsible for paying utilities and services.
Improvements and alterations specify the terms for making improvements or alterations to a commercial property, including who is responsible for the costs.
Subletting and assignment include terms related to subletting or transferring the lease to another party.

By including these key terms and conditions, residential and commercial leases can provide a clear framework for the landlord-tenant relationship, helping to prevent misunderstandings and potential disputes.

Negotiation Tactics

Effective negotiation involves understanding both parties' goals and limitations. Prepare by researching comparable properties to understand market values. Approach negotiations with flexibility, aiming for a win-win agreement. Both parties should feel their needs and concerns are addressed, such as offering incentives like rent-free periods or agreeing on a cap for maintenance costs to sweeten the deal for the tenant.

Legal Compliance in Lease Drafting

Legal compliance in lease drafting involves adhering to relevant real estate laws and regulations, which vary by jurisdiction. Key areas include fair housing laws to prevent discrimination, zoning laws for permitted property use, and rules concerning security deposits and tenant rights. Ensuring compliance requires staying updated with local and state legislation. It often involves consulting legal professionals to review lease terms, minimizing the risk of legal disputes and protecting landlord and tenant interests.

Put Our Experience on Your Side

At Bingaman Hess, our legal team will help you write, negotiate, and comply while drafting a residential or commercial lease. We will thoroughly analyze all documents, providing insightful guidance while presenting all possible options to help you achieve a favorable lease.

Put the power of our experienced real estate attorneys on your side by calling 610.374.8377 or contacting us online.

Compliance with Sunshine and Right-to-Know Laws

Sat, 14 Dec 2024 17:54:03 GMT

Some regulations promote transparency and public access to government information and operations. Compliance with these so-called Sunshine and Right-to-Know Laws is an obligation for government agencies and public bodies, ensuring accountability in their operations. These laws, which vary across jurisdictions, mandate that governmental deliberations, records, and activities be accessible to the public, encouraging an environment of openness and trust.

Ensuring Transparency

Sunshine Laws ensure that government decision-making processes are transparent by requiring that officials conduct public meetings openly. Meetings should be accessible to the public, and necessary notifications about the time, place, and agenda should be made available in advance. The purpose is to prevent secretive or behind-closed-doors decision-making and promote public government participation.

On the other hand, right-to-know laws are designed to provide the public with access to government records and documents. These laws specify the public's right to request and receive information about government entities' operations and decisions. They outline which records governments must disclose, applicable exemptions, and the process by which the public can request this information.

Legal Challenges

Enforcing sunshine and right-to-know laws presents several challenges, including:

Variations in state laws: Each state has sunshine laws, leading to differences in what information is considered public, how to request it, and the mechanisms for resolving disputes.
Lack of enforcement mechanisms: In some states, enforcing sunshine laws is problematic because there are no practical ways to ensure compliance.
Balancing transparency with other objectives: Law enforcement agencies, like the FTC, often need to close meetings to protect sensitive information related to investigations, commercial confidentiality, and the market.
Interpretation of meeting definitions: Legal challenges frequently arise over which types of meetings are subject to sunshine laws, particularly concerning the definition of "deliberations" that determine official agency business.

Records Management

Managing records in compliance with Sunshine and Right-to-Know Laws presents various challenges:

Volume and Complexity: Organizations generate vast amounts of data daily, making it difficult to catalog and manage efficiently. The complexity increases with formats like paper, digital files, emails, and multimedia.
Compliance and Legal Requirements: Ensuring compliance with various legal, regulatory, and industry-specific requirements can be challenging. Different regulations may mandate specific retention periods, security measures, and access limitations.
Security and Privacy: Safeguarding sensitive information against unauthorized access, breaches, or leaks while maintaining privacy standards is a significant concern, especially with the rise of cyber threats.
Technology Changes: The rapid pace of technological advancement means that records management systems and processes need constant updating. Legacy systems may become obsolete, requiring migration to new platforms, which can be complex and costly.
Consistency and Standardization: It can be difficult to achieve uniformity in how records are created, stored, and retrieved across various departments. Without standardized procedures, this can lead to inefficiencies and discrepancies.
User Adoption and Training: Encouraging staff to adhere to records management protocols requires ongoing training and support. Resistance to change and lack of awareness can undermine the effectiveness of records management efforts.

Addressing these challenges involves adopting the right technologies, establishing clear policies and procedures, and fostering a culture that values the importance of effective records management.

Trust Our Experienced Municipal Law Attorneys

Our municipal law attorneys at Bingaman Hess are your go-to experts for navigating complex municipal transactions and tackling legal challenges. From representing individuals to guiding corporations, we have you covered—even when handling problematic Sunshine Act violations. Regarding municipal matters, we don't just follow the rules—we know how to leverage them to your advantage.

If you have questions or need help navigating the process, call us at 610.374.8377 or find us online.

The Role of Legal Guardianship

Sat, 07 Dec 2024 17:50:21 GMT

Legal guardianship ensures the welfare and protection of individuals who are unable to care for themselves, typically minors or adults with disabilities. It involves a court-appointed guardian, who is granted the legal authority and responsibility to make decisions on behalf of the ward in areas such as healthcare, education, and financial management.

The primary aim of legal guardianship is to uphold the best interests of the individual in need, providing stability and support while preserving their rights and dignity. This legal arrangement can be temporary or permanent, depending on the circumstances and needs of the individual, and often requires ongoing court supervision to ensure that the guardian fulfills their duties appropriately.

Choosing a Guardian

Selecting a guardian means carefully considering various factors to ensure the individual selected will best serve the interests of the person in need.

Start by assessing the potential guardian's relationship with the person requiring care, ensuring they have a genuine and caring bond.
Evaluate their capacity and willingness to handle responsibilities, such as financial management and decision-making related to healthcare and education.
Select someone who aligns with your core values, beliefs, and approach to care.
Choose someone likely to be physically capable of caring for the individual.
Consider their geographical location, as proximity can impact their effectiveness.
Finally, consider appointing a backup guardian if the primary guardian can no longer fulfill their duties.

Rights and Responsibilities

Legal guardianship of an individual involves significant rights and responsibilities, including the following:

Determine the ward's residence.
Provide proper care, maintenance, education, and support.
Make medical decisions, including authorizing treatments and end-of-life care.
Manage the ward's social environment and maximize their independence.
Make decisions about the ward's education and daily activities.
Advocate for the ward's best interests.
Make regular in-person visits to the ward.
File annual reports to the court or relevant authorities.
Respect the ward's preferences when possible.
Seek the least restrictive arrangements for the ward.

It's important to remember that guardianship might remove various rights from the ward, including the right to determine residence, consent to medical treatment, manage property, and make other important life decisions.

However, recent trends advocate for limited guardianship, removing only those rights the ward cannot handle. Guardians have a fiduciary duty to their wards, which is the highest standard of care under the law. This means they must manage their affairs solely in the ward's interest and can be held liable for any mismanagement or neglect.

Court Involvement and Oversight

The court's role in legal guardianship is to ensure the protection and best interests of the ward. Initially, the court evaluates and appoints a suitable guardian after thoroughly considering the guardian's fitness and the ward's needs.

Once appointed, the guardian operates under the court's supervision, often requiring regular reports on the ward's well-being and financial status. The court may also review and approve significant decisions made by the guardian. This oversight seeks to prevent abuse or neglect and provides a legal framework that safeguards the rights and welfare of the individual under guardianship.

We Can Help You Designate a Legal Guardian

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

Corporate Governance in Publicly Traded Companies

Sat, 30 Nov 2024 17:42:14 GMT

Corporate governance in publicly traded companies is the foundation for ensuring accountability, fairness, and transparency in a corporation's relationship with its shareholders, management, customers, and the community. This framework encompasses a collection of processes, customs, policies, and laws that oversee how these corporations are directed and controlled.

Effective corporate governance enhances investor confidence and promotes sustainable business practices in an era of increasing scrutiny and regulatory demands. This article examines governance challenges, the role of stakeholders, and the regulatory requirements for public companies.

Unique Governance Challenges Faced by Publicly Traded Companies and Their Boards

Publicly traded companies face distinct governance challenges that their boards must carefully manage. One critical issue is balancing shareholders' varied interests with different investment goals. Boards must comply with complex regulations and ensure transparent financial reporting to meet legal standards and investor expectations.

The demand for short-term performance in financial markets can conflict with long-term objectives, adding pressure on the board's decision-making. Effective risk management is essential to protect the company's sustainability and reputation.

Executive compensation remains a hot topic. Aligning leadership incentives with company performance is crucial amid public scrutiny.

Role of Shareholders and Institutional Investors in Shaping Corporate Governance Policies

Shareholders and institutional investors play a pivotal role in shaping corporate governance policies through their influence and voting rights at annual meetings. As company owners, they can elect board members, approve significant decisions, and demand accountability from management.

Institutional investors, such as pension and mutual funds, hold significant shares and thus have substantial clout to advocate for governance reforms, transparency, and sustainability practices. Their active involvement often pushes boards to adopt policies that align with shareholder interests, including executive compensation, strategic direction, and risk management. Additionally, they may engage in dialogues with management, proposing and supporting resolutions that promote long-term value. This engagement fosters a governance environment prioritizing accountability, performance, and ethical standards.

Regulatory Requirements and Disclosure Obligations for Public Companies

Public companies face stringent regulatory requirements and disclosure obligations to ensure transparency and protect investors. Key regulations include adhering to financial reporting standards set by agencies like the Securities and Exchange Commission (SEC).

Public companies must file regular reports detailing their financial performance and business operations. These disclosures must provide accurate and comprehensive information on revenue, expenses, liabilities, and risks.

Additionally, companies must disclose material events that could impact investors' decisions, such as mergers or executive changes. Compliance with these requirements is crucial for maintaining investor trust and market integrity. Failure to meet these obligations can result in penalties and damage to the company's reputation.

Consult With Our Legal Team

Work with a corporate attorney from Bingaman Hess to ensure your business complies with local and national laws. Contact us today to schedule a consultation. Our corporate attorneys will provide the highest level of representation and personalized attention.

Navigating Zoning, Land Use, and Property Rights

Sat, 23 Nov 2024 17:39:24 GMT

Those who attempt to navigate zoning, land use, and property rights must understand the complex legal frameworks and regulatory schemes governing land use and development. These regulations maintain order in planning, promote sustainable development, and balance private property rights with the public interest.

Zoning laws dictate the permitted uses of land and structures within particular areas, while land use regulations oversee the broader management of land resources. On the other hand, property rights define the legal ownership and usage boundaries, offering protection and delineating rights for property owners.

Together, these elements require a careful analysis and strategic approach, often requiring the expertise of legal professionals to ensure compliance and achieve desired outcomes in real estate ventures.

Understanding Local Regulations

Anyone engaged in business, development, or property management should understand their municipality's regulations. Among other things, these laws address the municipality’s unique needs as well as environmental considerations to ensure orderly growth and community well-being. Navigating these regulations supports compliance with zoning and land use laws, helping to avoid fines and legal disputes.

Knowledge of local regulations can inform strategic decisions related to location, operations, and business expansion. Real estate developers benefit from insights into permissible land use to achieve successful project approvals. Citizens and property owners can also exercise and protect their rights more effectively when informed about the local legal landscape.

Securing Permits

Securing permits requires a multi-step process to ensure that construction, renovation, or land use projects comply with local regulations. Initially, the entity must determine the necessary permits, which can vary based on the project type, location, and scope. The required documentation, such as site plans, project designs, and environmental impact assessments, follows.

The applicant must submit these documents to the appropriate local authority or building department. The application then undergoes a review process, where officials assess compliance with zoning, building codes, and safety standards. This process might involve revisions or additional information requests. The permit is issued upon approval and the payment of the fees, allowing the project to proceed legally.

Litigating Property Rights

Litigating property rights involves resolving disputes regarding real estate ownership, use, or boundaries through legal proceedings. These conflicts can arise from unclear property titles, boundary disagreements, easement and access issues, or violations of zoning laws. The litigation process begins with filing a complaint to establish the basis of the dispute. Parties gather evidence through discovery, including documents, testimonies, and expert opinions.

A litigation attorney is crucial to interpreting property laws and advocating for clients' interests. Negotiations or mediation may precede a court trial, offering chances for settlement. If unresolved, the case may proceed to trial, where a judge or jury will render a decision. Understanding the nuances of property rights law is essential for stakeholders to protect their interests effectively.

Put Our Experience on Your Side!

Having a seasoned litigation attorney on your side is crucial when facing a legal challenge. Reach out to Bingaman Hess, where our skilled attorneys provide personalized service. We'll carefully assess your situation and offer the best strategy to protect your interests.

Navigating Adverse Possession Claims

Sat, 16 Nov 2024 16:56:52 GMT

Understanding adverse possession claims requires studying the intricate legal framework governing property rights and disputes over land ownership. Adverse possession laws allow individuals to gain legal title to property by possessing it for a certain period under specific conditions.

This article examines the complexities of these conditions, including the legal requirements, strategies for defending against claims, and how to establish claims effectively.

Understanding these principles not only helps in asserting rightful ownership but also in defending against unwarranted claims.

Understanding the Legal Requirements

Those involved in property disputes or claims must sometimes understand the legal requirements of adverse possession. Adverse possession laws typically mandate that a claimant occupy the land openly and notoriously, meaning their use of the property is visible and evident to others without any attempts to conceal it.

The occupation must be continuous for a statutory period, which varies by jurisdiction but often ranges from five to twenty years. Additionally, the possession must be exclusive, without sharing the property with its proper owner or the public, and hostile, implying that the occupation is without the legal consent of the owner.

Familiarity with these requirements can assist individuals in validating or contesting a claim, ensuring that property rights are respected and upheld by legal standards.

Strategies to Defend Against Claims

Defending against adverse possession claims requires a strategic approach to safeguard property rights effectively. Property owners should establish clear, visible boundaries, reducing any ambiguity about ownership. Regular property inspections help detect unauthorized use early, enabling timely intervention.

If someone is using your land, consider granting written permission to prevent their claim of hostile possession. Documented permission may negate the hostility required in these cases.

Keeping detailed records of all property-related transactions and communications is crucial evidence if disputes arise. Furthermore, posting "No Trespassing" signs and enforcing boundaries through legal notices reinforce ownership rights.

In persistent adverse possession attempts, it is advisable to consult a legal professional to navigate complex disputes and ensure the proper legal measures to protect ownership.

How to Establish Claims Effectively

Effectively establishing an adverse possession claim involves adhering closely to legal requirements and systematically documenting the possession. Begin by demonstrating open and notorious use, ensuring that your occupation of the property is visible and recognizable to the public and the actual owner.

Maintain continuous and exclusive possession for the duration specified by local real estate laws, which means using the property without interruption and not sharing it with others.

To substantiate your claim, keep thorough records of your activities on the property, such as improvements made, or taxes paid. It's essential to exhibit hostile possession, indicating occupation without the owner's consent.

Seeking legal advice from a real estate lawyer can strengthen your claim, guide you in compiling evidence, and help you navigate the legal process to enhance your chances of a successful claim.

Legal Advice on Numerous Real Estate Issues

Whether you are defending against a claim or attempting to establish one, the knowledgeable real estate attorneys at Bingaman Hess can help you reach your goal.

Call us at 610.374.8377 or contact us online.

Contract Law for Municipalities

Sat, 09 Nov 2024 16:50:25 GMT

Contract law is an aspect of the legal frameworks governing municipalities, ensuring that agreements between public entities and external parties are legally binding and enforceable. As municipalities engage in various transactions—from purchasing goods and services to entering into public-private partnerships—understanding the principles of contract law is essential for officials to manage public resources effectively and responsibly.

This area of municipal law not only guides the drafting, negotiation, and execution of contracts but also helps prevent disputes by clearly defining obligations and rights. By examining the intricacies of contract law as it applies to municipalities, we can better appreciate the balance between upholding public interests and facilitating efficient governmental operations.

Drafting Contracts

Drafting municipal contracts involves several steps to ensure agreements are clear, enforceable, and aligned with public interests. Initially, municipal officials identify specific needs and goals, forming the contract’s foundation. They then negotiate with potential third parties or other governmental agencies to establish conditions that satisfy both parties while adhering to legal standards and municipal regulations.

Municipal attorneys often play a crucial role in ensuring the contract language is precise and unambiguous to prevent future disputes. The draft typically includes essential elements such as the scope of work, timelines, payment terms, performance standards, and termination clauses. Review and approval processes within the municipal structure ensure oversight and transparency, ensuring contracts serve the community's best interests and comply with relevant laws and policies.

Negotiation Strategies

Municipal negotiation strategies involve a structured approach to achieving favorable contract terms while maintaining mutual respect and constructive dialogue with the other party. Here are some key strategies:

Preparation and Research: Before negotiations begin, it's vital to understand the municipality's needs, objectives, and the contractor's capabilities and interests.
Clear Objectives: Establish clear goals and priorities for the contract. Knowing what is negotiable and what is non-negotiable helps guide discussions effectively.
Open Communication: Promoting open communication encourages transparency and trust and can lead to alternative solutions.
Risk Management: Identify potential risks and discuss how they will be mitigated or shared.
Build Leverage: Building leverage through existing relationships and expertise can strengthen the municipality's position.
Detailed Documentation: Ensuring all discussions and agreements are documented to maintain clarity and provide a reference to prevent misunderstandings.

Dispute Resolution

If disputes arise, municipalities may be able to handle conflicts through negotiation, mediation, and arbitration. These methods help resolve issues related to contracts or other municipal activities quickly and peacefully, reducing legal costs and maintaining public trust. Mediation encourages collaboration and offers flexible solution while arbitration provides a more formal and final resolution. Municipalities can effectively manage disputes by focusing on open communication and compromise, ensuring smooth operations, and maintaining good stakeholder relationships.

Contact the Municipal Attorneys at Bingaman Hess Today

Our seasoned legal professionals bring a wealth of talent and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Employment Law for Corporations

Sat, 26 Oct 2024 16:09:59 GMT

Corporations must navigate employment law to maintain compliance and facilitate a fair workplace. This blog delves into the legal intricacies of hiring, managing, and terminating employees, workplace discrimination laws, and complying with labor regulations in employee benefits, providing valuable insights to help your business stay on the right side of the law.

Legal Requirements and Best Practices for Hiring, Managing, and Terminating Employees

Hiring, managing, and terminating employees are critical processes governed by employment laws to ensure fairness and legality.

Hiring: Corporations must adhere to anti-discrimination laws, including the Civil Rights Act, ADA, and ADEA although these laws have specific employee threshold levels. Best practices include developing clear job descriptions, conducting structured interviews, and maintaining consistent selection criteria to avoid biased decisions.

Managing: Corporations must manage employees in compliance with labor laws such as the Fair Labor Standards Act (FLSA). They should implement transparent performance management systems, maintain accurate records, and promote open communication channels. Regular training on workplace policies and anti-discrimination measures can prevent legal issues.

Terminating: Terminations must be handled with care to avoid wrongful dismissal claims. Providing documented reasons for termination, following a formal process, and offering severance agreements are steps that can be taken when applicable. Familiarizing yourself with applicable Federal and state-specific laws is important because they may affect termination procedures. Adhering to these guidelines and requirements helps protect both the organization and its employees.

Employment Discrimination Laws and Strategies for Preventing Workplace Discrimination and Harassment

Employment discrimination laws protect workers from unfair treatment based on race, color, religion, sex, national origin, age, disability, and other protected characteristics. Essential laws include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). These laws prohibit discriminatory practices in hiring, promotion, job assignment, termination, and other employment conditions.

5 Strategies for Preventing Workplace Discrimination and Harassment:

Comprehensive Policies: Develop and enforce clear anti-discrimination and harassment policies. These should outline unacceptable behaviors, reporting procedures, and consequences for violations.
Training Programs: Implement mandatory training for all employees. Ensure both management and staff understand their responsibilities.
Open Communication: Encouraging open dialogue promotes a productive workplace. By creating multiple channels for employees to report issues in a confidential manner, employers can empower employees to speak up and contribute to a respectful work environment.
Prompt Action: Take immediate and appropriate action when discrimination or harassment claims arise. Conduct thorough investigations and ensure consistent enforcement of policies.
Regular Reviews: To ensure your organization complies with current laws and best practices, regularly review and update your policies and training programs.

Employee Benefits and Compensation Packages in Compliance with Labor Regulations

Employee benefits and compensation packages must align with labor regulations to ensure legal compliance and attract top talent. Compliance with the Fair Labor Standards Act (FLSA) covers minimum wage, overtime pay, and recordkeeping. Corporations should also adhere to the Family and Medical Leave Act (FMLA), which mandates unpaid, job-protected leave for qualified medical and family reasons if they meet the applicable employee threshold.

Benefits such as health insurance, retirement plans, and paid time off should meet standards set by laws like the Employee Retirement Income Security Act (ERISA). Regular reviews and updates of compensation packages help maintain compliance and support employee well-being and satisfaction.

Talk to the Bingaman Hess Attorneys Today

If you need help with employee matters or drafting a compliance program, the attorneys at Bingaman Hess are here to assist you. Our corporate law attorneys provide comprehensive corporate compliance services to meet the needs of businesses throughout Pennsylvania.

Legal Considerations in Real Estate Transactions

Sat, 19 Oct 2024 16:02:09 GMT

Navigating real estate transactions requires careful attention to prevent civil litigation . Fundamental aspects include conducting thorough due diligence, adhering to disclosure obligations, and effectively managing transaction disputes. This blog will explore these critical elements, ensuring you are well-prepared and informed throughout the process of buying or selling property.

Executing Due Diligence

Due diligence in real estate transactions is a critical process where the buyer thoroughly investigates the property before finalizing the deal. This process typically involves the following:

Assessing the physical condition of the property through inspection
Verifying the legal ownership and title status
Reviewing zoning regulations to comply with local laws
Examining financial aspects like taxes, liens, and encumbrances

Additionally, due diligence includes evaluating potential environmental liabilities and understanding the property's current and future market value. The goal is to uncover any issues that could affect the property's value or the feasibility of the transaction, ensuring the buyer makes an informed decision and minimizing risks.

Adequate due diligence contributes to a smoother transaction and helps avoid unforeseen complications after the purchase.

Disclosure Obligations

Disclosure obligations refer to the seller's requirement to inform potential buyers about certain defects or issues related to the property. This legal duty varies by jurisdiction. It typically covers multiple items, such as, pest infestations, water infiltration and issues related to on-site septic systems.

Transparent disclosure helps buyers make informed decisions and minimizes future disputes. Sellers often complete disclosure forms detailing these aspects, ensuring compliance with local statutes.

If the seller fails to disclose significant issues, it can lead to legal consequences, including a breach of contract claim or financial liability. Proper adherence to disclosure obligations promotes trust, facilitates smoother transactions, and protects both parties from civil litigation and economic risks.

Handling Transaction Disputes

Handling transaction disputes in real estate means addressing disagreements arising during or after a property sale. Common disputes include issues over contract terms, undisclosed defects, title problems, or financing complications.

Initially, parties should attempt to resolve disputes through open communication and negotiation, aiming for a mutually agreeable solution. If direct negotiation fails, involving mediators or arbitrators can provide a neutral perspective and facilitate resolution without the expense and time of litigation.

In more severe cases, legal action may be necessary, and parties might need to take the issue to court, where a fact-finder will decide the case based on the contract terms, relevant laws and the facts presented. It is important to draft clear contracts, conduct thorough due diligence, and adhere to all disclosure obligations.

Preventative measures such as a title search and contingency clauses can safeguard against conflicts, ensuring smoother real estate transactions.

Put Experience on Your Side!

Success in civil litigation demands a profound understanding of the law, an intricate familiarity with the court system, and the ability to navigate complex litigation processes meticulously. Whether you are a plaintiff or a defendant, the road to achieving a favorable outcome is paved with numerous challenges.

At Bingaman Hess, our legal team thoroughly analyzes every situation, providing insightful guidance and presenting all possible options to help clients achieve their desired outcomes.

Put the power of our experienced civil litigation attorneys on your side by calling us at 610.374.8377 or contacting us online.

Health Care Power of Attorney Explained

Sat, 12 Oct 2024 15:52:23 GMT

Creating a Health Care Power of Attorney ensures that your medical preferences and decisions are honored when you cannot communicate them yourself. This legal document allows you to designate a trusted individual, an agent, to make healthcare decisions on your behalf. Selecting someone who understands your values and healthcare wishes is crucial. When drafting a Health Care Power of Attorney, adhering to specific legal requirements to ensure the document is valid and enforceable is essential.

Making Health Care Decisions

Serving as an agent is vital and requires decision making that aligns with the principal's wishes. The principal is the person that grants the healthcare power of attorney to an agent. The agent’s role is especially important when the principal cannot communicate due to illness or incapacity. Acting as an agent ensures the principal receives care that reflects their preferences, whether life-sustaining treatments or palliative care.

It involves understanding their healthcare goals, discussing potential medical interventions, and making informed choices in collaboration with medical professionals. The agent helps alleviate stress for family members by providing clear directions based on pre-established wishes, thereby minimizing conflicts during challenging times.

This responsibility demands trust, empathy, and communication to honor the principal's autonomy and maintain their dignity throughout their medical care journey.

Designating an Agent

A few essential steps are involved in designating a healthcare agent:

Understanding the Role: Before you designate an agent, they should comprehend the weight of their responsibilities. These include making critical healthcare decisions on your behalf if you're incapacitated.
Select the Right Person: Choose someone you trust who understands your values and wishes and can make tough decisions under pressure. This person should be willing to advocate on your behalf and communicate effectively with your healthcare providers and family members.
Discuss Your Wishes: It is crucial to have a comprehensive discussion with your chosen agent about your medical preferences, treatment objectives, and any specific wishes regarding your care.
Prepare the Legal Document: Draft a Health Care Power of Attorney document that complies with applicable law, ensuring clarity and precision. This document officially names your agent and outlines their authority.

Legal Requirements and Implications

Remember, a Healthcare Power of Attorney requires adherence to specific regulations. Typically, it must identify the principal (you) and the designated agent and outline the scope of decision-making authority granted to that agent.

Legal requirements often include signing the document in the presence of witnesses or a notary public. This document has significant implications, granting the agent authority to make critical healthcare decisions on your behalf under legally binding terms.

This step ensures that your medical preferences are respected, but it also entrusts the agent with the responsibility to act in your best interests, consistent with your stated wishes. Ensuring compliance with local laws is crucial to avoid future disputes or challenges.

Do You Need an Experienced Estate Planning Attorney?

Do not put off drafting your healthcare power of attorney. Now is the best time—while you can make those critical decisions—to protect your family and yourself. You need an estate planning lawyer who will provide effective estate planning and trust services. Choose the estate planning attorneys at Bingaman Hess to ensure your power of attorney is clearly written and leaves nothing open to interpretation.

Keys to Successful Real Estate Development

Sat, 05 Oct 2024 15:42:49 GMT

Real estate development is a dynamic and complex field that requires strategic thinking and meticulous planning. Whether you're a seasoned developer or just starting, understanding the elements of successful real estate development can help you turn ambitious projects into rewarding investments.

Planning and Zoning Considerations

Planning and zoning are critical components of successful real estate development. These regulations are not just about rules but also aligning developments with community goals and legal requirements. They dictate a property's use, density, and aesthetics, ensuring that developments harmonize with these essential factors.

During the planning phase, developers must thoroughly analyze local zoning laws to determine permissible uses for the land, such as residential, commercial, or mixed-use. Researching setback requirements, building heights, and floor area ratios is vital in designing compliant projects.

Additionally, developers should engage with the community and municipal planning departments early to navigate potential challenges and gain necessary approvals. Collaboration often expedites the review process and fosters community support.

Effective planning and zoning considerations mitigate legal risks and enhance the project's feasibility and long-term success.

Financing Strategies

Financing strategies are pivotal for successful real estate development, enabling projects to progress from concept to reality. Developers typically use a mix of equity and debt financing to mitigate risks and optimize returns.

Equity financing involves securing investment from partners or private investors that provide capital in exchange for a share of the profits. Debt financing includes traditional bank loans, mortgage financing, or construction loans, offering funds with repayment requirements.

Developers often rely on pre-sales or pre-leasing to secure funding, thereby reducing financial risk by demonstrating market demand.

Tapping into government grants, tax incentives, or public-private partnerships can offer additional funding sources and financial advantages. Effective financial planning, including cash flow management and contingency funding, is crucial to maintaining the project's financial health throughout all development phases, which helps to promote overall project success.

Market Analysis and Risk Assessment

Market analysis and risk assessment are fundamental to successful real estate development. Market analysis, in particular, involves researching and understanding the target location's dynamics, including demand trends, demographic shifts, economic conditions, and competition.

This analysis is not just about numbers but about understanding potential buyers' or tenants' needs and desires. It helps developers identify the most viable property types, price points, and amenities to attract buyers or tenants and make them feel understood and catered to.

On the other hand, risk assessment involves evaluating potential hazards that could affect the project's success. These risks include financial risks, such as interest rate fluctuations and cost overruns, as well as regulatory, environmental, and market risks. Identifying and quantifying these risks allows developers to devise mitigation strategies, such as diversifying investments, securing insurance, or incorporating flexible design elements.

Comprehensive market analysis and thorough risk assessment reduce uncertainties, enabling more informed decision-making and enhancing the project's chances of success.

Contact the Real Estate Lawyers at Bingaman Hess Today

Do you want to experience the benefits of working with a real estate lawyer? Give your project the legal support it needs by contacting Bingaman Hess to schedule a consultation with one of our experienced real estate law attorneys. Our seasoned legal professionals bring a wealth of skill and experience to every case, ensuring you receive the highest level of representation and personalized attention.

Zoning and Land Use Regulations

Sat, 28 Sep 2024 20:55:46 GMT

Zoning and land use regulations govern land development and use, ensuring sustainable growth and harmony between residential, commercial, and industrial areas. Though sometimes complicated, these rules help maintain community aesthetics, safeguard public health, and manage resources efficiently, promoting balanced and organized planning.

The Zoning Attorneys at Bingaman Hess can provide legal counsel to resolve zoning issues.

Zoning Approvals

The zoning approval process typically begins with applying to the local planning department or zoning board. This application includes detailed site plans, proposed uses, and relevant surveys. The planning staff reviews the submission for compliance with existing zoning regulations and planning goals. They may issue public notices and schedule hearings to allow community members to voice their support or concerns.

During the public hearing, interested parties present their views, and the zoning board evaluates the project's impact on the community, considering factors like traffic, environmental effects, and local economy. The board then deliberates and votes to approve, deny, or request modifications to the proposal. If approved, the project moves to other permitting stages, such as building permits. Applicants can revise and resubmit their plans or appeal the decision if denied. Clear communication and comprehensive planning are essential for successful zoning approval.

Variances and Exceptions

A variance is a discretionary waiver granted by a zoning board allowing property owners to deviate from specific zoning regulations due to unique circumstances causing undue hardship. For example, a homeowner might request a setback variance to build closer to the property line if the lot's shape or terrain poses challenges. To obtain a variance, applicants must demonstrate that the strict enforcement of the zoning regulation would be impractical and that the variance will not harm the public interest or zoning objectives.

On the other hand, exceptions are pre-defined allowances within zoning ordinances for specific uses or buildings that would not ordinarily comply with the zoning code. Unlike variances, exceptions are anticipated by the zoning laws and typically require a more straightforward, less discretionary approval process. However, they still involve a review process to ensure compatibility with the surrounding area.

Understanding the nuances of variances and exceptions helps property owners navigate the complexities of zoning while ensuring structured community development.

Community Impact Assessments

Community impact assessments evaluate the potential effects of a proposed development or policy on the local community. These assessments consider various economic, social, environmental, and health impacts. The process involves gathering data, conducting analyses, and consulting with interested parties to determine how the project might alter community dynamics, resources, and quality of life.

The goal is to identify positive and negative consequences, ensuring informed decisions promoting sustainable and impartial development. Practical community impact assessments help mitigate adverse effects while maximizing benefits for everyone involved.

Choose the Right Zoning Law Attorney

Are you facing a zoning appeal or challenging a citation? The municipal attorneys at Bingaman Hess are ready to assist. With extensive experience in complex municipal and zoning laws, our team offers a comprehensive range of legal services. Whether you need ongoing legal counsel or help with a specific issue, Bingaman Hess has you covered.

Call our municipal attorneys today at 610.374.8377 or find us online .

Understanding Durable Power of Attorney

Sat, 21 Sep 2024 20:46:56 GMT

You might have heard the term 'durable power of attorney' without fully comprehending its meaning. However, it is an essential legal instrument you should understand since it empowers one person, known as the agent or attorney-in-fact, to act on behalf of another, referred to as the principal.

This authorization encompasses a broad range of decision-making activities, including the management of financial affairs, and its durability means it remains in effect even if the principal becomes incapacitated.

Understanding the nuances of a durable power of attorney (DPOA) is crucial. It ensures that one's affairs are handled according to one's preferences and interests, providing peace of mind and continuity in challenging circumstances.

Scope and Limitations of a DPOA

The document authorizes an agent to handle various matters on behalf of the principal, including financial management and property transactions, even when the principal is incapacitated. The scope can be broad or narrowly defined, depending on the principal's preferences and the specific terms outlined in the document.

However, limitations include the agent's inability to make decisions or take actions expressly prohibited by the document or state law. A DPOA has no effect after the principal's death; in such cases, authority typically shifts to an executor of the decedent’s estate. Furthermore, the principal must have mental capacity when creating the DPOA, and any misuse of power by the agent can result in legal consequences.

Choosing an Agent Demands Serious Consideration

Selecting the agent for your durable power of attorney is a critical decision that requires careful consideration. This person will have significant control over your financial and legal matters if you become incapacitated. Selecting a trustworthy, responsible, and competent individual ensures that your wishes are respected and your affairs are managed effectively.

The agent should understand your values and preferences, act in your best interests, and communicate transparently with family and professionals. Mismanagement or abuse of this authority can lead to financial loss, legal trouble, and strained relationships, emphasizing the importance of making an informed, deliberate choice.

Ideally, the agent should have some basic knowledge of financial and legal matters to navigate these complex situations skillfully.

Scenarios that Activate the DPOA

A durable power of attorney can be used while a principal is able to act on their own but wants assistance. It is often used when the principal becomes incapacitated and unable to make independent decisions. Incapacitation can arise from various scenarios, including severe illness, mental deterioration such as Alzheimer's, or an accident resulting in coma or significant cognitive impairment.

The activation criteria may be specified within the DPOA document, requiring confirmation from a healthcare professional or an official medical diagnosis. This verification ensures that the agent's authority only commences under predefined and legally recognized conditions, protecting the principal's intent and interests.

Don't Delay – Secure Your Future with Estate Planning Today

Creating your estate plan today is crucial. Tomorrow might be too late to make those vital decisions that protect your family and your future. Delaying could mean leaving your loved ones in a vulnerable position. Take action now while you can shape your legacy.

If you seek an estate planning lawyer who offers efficient and effective estate planning and trust services, look no further than the experienced attorneys at Bingaman Hess.

Corporate Restructuring and Bankruptcy

Sat, 14 Sep 2024 20:37:47 GMT

The corporate finance landscape presents challenges that can lead even the most successful firms into turbulent waters. Corporate restructuring and bankruptcy can be lifelines for companies struggling with financial distress.

In these scenarios, restructuring presents a strategic opportunity to realign a company's operations, finances, and strategies to ensure long-term viability.

On the other hand, although often perceived negatively, bankruptcy can be a structured route for organizations to manage debt and revive their business.

Understanding the complexities and legal frameworks of these processes is essential for stakeholders, including investors, employees, and management, ensuring informed decision-making during times of financial upheaval.

Options for Corporate Restructuring: Mergers, Acquisitions, and Debt Restructuring

Corporate restructuring, a strategic move to reorganize a company's structure, operations, or finances, is a powerful tool to boost efficiency and profitability. Here are some essential options:

Mergers: Combining two or more companies into a single entity to achieve collaboration, expand market reach, and improve competitiveness.
Acquisitions: One company purchases another by buying shares or assets to gain control and integrate the target company's resources and capabilities.
Debt Restructuring: Modifying the terms of a company's debt agreements to improve liquidity and avoid default. This option may involve extending payment deadlines, reducing interest rates, or converting debt into equity.

Each option, tailored to specific needs and objectives, aims to strengthen the company's financial health and operational stability.

Bankruptcy Laws and Procedures for Distressed Corporations Seeking Financial Relief

Bankruptcy laws provide a legal framework for distressed corporations to seek financial relief and reorganize or liquidate assets. The three primary procedures include:

Chapter 7: Liquidation of assets to repay creditors, resulting in the dissolution of the corporation. A trustee is appointed to oversee the asset sale and distribution of proceeds.
Chapter 11: Reorganization to allow the company to continue operations while restructuring its debts under court supervision. Chapter 11 includes developing a plan for repayment, which creditors and the court must approve.
Chapter 13: Although typically for individuals, small businesses can use it to reorganize and repay debts over time.

These procedures focus on providing equitable treatment for creditors while offering the debtor a chance for a fresh start.

Corporate Attorneys Guiding Clients through Complex Restructuring Processes

The corporate attorneys at Bingaman Hess provide legal expertise and strategic advice to guide clients through complex restructuring processes. They help evaluate restructuring options, ensure compliance with laws and regulations, and negotiate terms with creditors and other stakeholders.

Our attorneys draft necessary legal documents, develop reorganization plans, and represent the company in court if required. They aim to minimize legal risks, protect the client’s interests, and facilitate a smooth and effective restructuring process.

Hire an Experienced Law Firm for Corporate Restructuring and Bankruptcy

The experienced team of corporate attorneys at Bingaman Hess will work with you to assist you in navigating the complexities and challenges of restructuring or bankruptcy.

With offices in Wyomissing, Kutztown, Harrisburg, and Media, we help clients in a broad range of counties to achieve their goals and turn their business aspirations into reality.

Strategies for Managing Complex Litigation

Sat, 07 Sep 2024 20:22:44 GMT

Complex litigation involves multifaceted legal cases that typically encompass multiple parties, extensive documentation, and intricate legal issues. Practical strategies for managing complex litigation are essential to successfully navigating these challenges.

These strategies include coordinating multiple parties, effectively using technology, and streamlining document management. Additionally, understanding the intricacies of legal procedures, implementing strong project management practices, and developing persuasive litigation tactics are vital.

By embracing these strategies, the legal team at Bingaman Hess enhances their ability to handle the demands of complex litigation, ensuring a thorough and effective approach to achieving favorable outcomes.

Coordinating Multiple Parties Requires Organization and Collaboration

Complex litigation involves managing various stakeholders, such as plaintiffs, defendants, witnesses, and legal teams. Effective coordination requires establishing clear communication channels and protocols to ensure all parties stay informed and aligned.

Project management tools can help track tasks, deadlines, and document exchanges. Regular status meetings and updates foster collaboration and address any issues promptly. Developing a centralized repository for case documents ensures accessibility and consistency.

By fostering a collaborative environment and maintaining organizational discipline, the attorneys at Bingaman Hess efficiently navigate the complexities of managing multiple parties in litigation, leading to streamlined processes and more favorable outcomes.

Effective Use of Technology Saves Time and Reduces Costs

Using technology to manage complex litigation can significantly enhance efficiency and accuracy. Case management systems help organize and track case documents, deadlines, and communications. E-discovery tools streamline the process of sifting through vast amounts of electronic data to identify relevant information quickly.

Collaboration platforms facilitate seamless communication among legal teams and clients, while cloud-based storage ensures secure, accessible file sharing.

By leveraging these technological tools, the experienced litigation attorneys at Bingaman Hess save time, reduce costs, and improve the overall management of each case.

Streamlining Document Management Has Numerous Benefits

Efficient document management systems categorize and store records systematically, making retrieval swift and straightforward. Implementing consistent naming conventions and metadata tagging enhances document searchability.

OCR (Optical Character Recognition) technology converts scanned documents into searchable text, reducing manual effort. Secure cloud-based storage is vital in promoting collaboration, ensuring records are accessible to authorized personnel from anywhere.

Automated version control prevents errors and ensures everyone works with the most current information. Streamlined document management reduces administrative burdens, enhances accuracy, and boosts efficiency.

Put Our Experience on Your Side!

When a legal issue arises, you want an experienced litigation attorney to represent and protect your interests. Contact the law firm of Bingaman Hess. Our experienced litigation attorneys, known for their personalized approach, will review your legal issue and recommend your best strategy.

Real Estate Development and Municipal Laws

Sat, 31 Aug 2024 19:03:12 GMT

Businesses can experience a wealth of benefits when working with a qualified municipal law attorney . Experienced municipal lawyers can help an organization navigate local regulations, solve various disputes, remain compliant at all times, and pave the way for strategic business expansion.

Municipal law is an aspect of running a business that many entrepreneurs and managers neglect. Failing to grasp the complexities of these laws and what they mean for your business could lead to significant problems. Companies of all sizes can benefit from working with highly skilled lawyers in this field, particularly when handling the following key elements.

Planning and Permits

Municipal lawyers assist businesses in dealing with countless zoning laws in their local area. Zoning laws refer to specific rules and regulations of property enacted by local governments and municipalities. Businesses must be aware of these laws when planning expansions or if their type of business can legally operate within a specific zoning district.

Furthermore, a business may need different permits or licenses depending on the actions it carries out on its premises. A municipal law attorney can help a business obtain the correct permits to maintain legal operations at all times.

Impact of Local Laws

Most jurisdictions will have a set of local business laws that may be unique to that area. Running a business within this location means you must adhere to the local laws. A wide variety of local legislative issues can arise depending on the type of business.

When a business is unaware of the impact of local laws on its organization, it can easily run afoul of them. This could result in fines, or in some cases, the closure of a business. Municipal lawyers are on hand to ensure companies understand all the local laws, how they impact the company, and what must be done to remain compliant.

Dispute Resolution

Instances may arise when a business is involved in some type of dispute. This could be a conflict over zoning decisions or permits, problems with local government laws, etc. In situations like these, the right legal representation is essential to resolve the dispute as expeditiously as possible.

This is where a municipal law attorney can be highly advantageous. Their years of experience studying municipal law can be invaluable during the dispute resolution process. Many companies win impressive legal battles with the help of the right lawyer - or they can mitigate any losses.

Contact the Municipal Lawyers at Bingaman Hess Today

Do you want to experience the benefits of working with a municipal lawyer? Give your business the legal support it needs by contacting Bingaman Hess to schedule a consultation with one of our experienced municipal law attorneys. Our team of seasoned legal professionals brings a wealth of talent and experience to every case, ensuring that you receive the highest level of representation and personalized attention.

Creating a Will: Essential Steps

Sat, 24 Aug 2024 18:48:30 GMT

Are you still taking risks with the future of your loved ones by putting off the need to create a last will and testament? If so, now is the time to retain an estate planning attorney to put your financial affairs in order.

Whether you are already in retirement or putting preparations in place as a young adult, it serves the best interests of your beneficiaries while simultaneously giving you the peace of mind that you deserve. A dedicated estate planning lawyer can guide you through the process, but understanding what to expect is highly advised. Here are the key steps you can consider.

Defining Asset Distribution

Theoretically, estate planning sounds easy. You state who you want to receive each asset, and the funds or items are transferred to them (minus certain costs such as taxes and fees) after your death. In reality, it is a far more complex issue, which is why using an estate planning lawyer is advised. Moreover, it highlights the need to define your asset distribution wishes.

When writing your will, it is important to acknowledge the impact of certain relationships. Almost five million people in Pennsylvania are married while thousands are joint business owners. In either case, you should know that, generally, only certain assets will be distributed as per your will, such as:

● Assets you own wholly and individually,

● Assets where your estate is the beneficiary,

● Your share of assets held with others.

Some assets, often referred to as non-probate assets, such as life insurance death benefits or retirement accounts, can be distributed directly to beneficiaries upon your death. An estate planning attorney can tell you more about these.

Choosing Beneficiaries

Choosing beneficiaries is an essential step for several reasons. It ensures that assets are distributed per your wishes rather than intestacy laws. Also, depending on the asset in question, if proper planning occurs, it sometimes helps to prevent the need for costly and time-consuming probate procedures.

Minors may be named as beneficiaries, although most people leave the funds in accounts or trusts that cannot be reached until the child reaches a certain age. These accounts often permit the distribution of funds for health and education.

It should be noted that in Pennsylvania, inheritance tax varies depending on the beneficiary receiving a distribution. For example, the inheritance tax for direct beneficiaries such as parent/child is 4.5% but for non-relatives like a personal friend, the tax is 15%. You should take this into account during the estate planning process.

Satisfying Legal Requirements for Validity

A will is a very important document that should satisfy all legal requirements. Working with an estate planning lawyer is essential.

At Bingaman Hess, our team of seasoned legal professionals brings a wealth of talent and experience to every matter, ensuring that you receive the highest level of representation and personalized attention.

To learn more about estate planning and drafting your will, contact Bingaman Hess today to schedule a consultation with one of our experienced estate planning attorneys.

Understanding Real Estate Settlements

Sat, 17 Aug 2024 18:36:58 GMT

Ensuring a smooth real estate settlement - or “closing” - can be challenging at times, especially without the right knowledge and support at hand. This is where a real estate attorney can help.

According to the Realtors Confidence Index Survey published in June 2024 by the National Association of Realtors, around 5% of deals fall through, and 13% experience delayed settlement. The reasons for these pitfalls are varied, from title defects to appraisal discrepancies. Working with a lawyer is essential to ensure a smooth legal journey, and ensure that both the buyer and the seller can proceed with confidence.

Real Estate Settlements: An Overview

Real estate settlements are often referred to as closings. This term describes the final step in transferring property ownership from seller to buyer. This legal process encompasses multiple aspects to ensure that the transaction is legitimate and lawful.

From a legal perspective, settlements finalize the contractual obligations outlined in the purchase agreement . They involve the transfer of the title from the property owner to another, recording of essential documentation and disbursement of funds.

Process And Documents Involved

The process of selling or purchasing real estate can vary in length. Real estate settlements are the last step of this process and involve the production and finalization of a range of essential documents. These documents and steps can vary, but they often include:

Title Search: Verifies that the seller has the legal right to transfer the property. It is also used to check for liens or encumbrances.
Title Insurance: It provides protection against future claims to the property.
Loan Documentation: It outlines the terms of financing, when applicable, including mortgage terms.
Homeowner’s Insurance: May be required for property protection, especially when there is financing.
Property Survey: It confirms property boundaries and identifies any issues of which both the seller and the buyer need to be aware of. An inspection report that evaluates the property condition may also be required.
Once these documents and steps are fulfilled, a lawyer can produce or help to review the following documents:
Settlement statement, or a summary of financial transactions regarding the sale and purchase of the property.
A deed that confirms the transfer of ownership from seller to buyer.

Common Issues In Real Estate Settlements

According to the Top Agent Insights survey by HomeLight , some of the most common issues in real estate settlements include:

The buyer identifies major issues during the home inspection (42%). The seller not preparing the home as expected is also a significant pitfall that can sometimes arise.
Buyers back out of the contract because of unforeseen costs (41%). These include today’s high interest rates, but also the inability of securing funds. Contingencies regarding financing are often included in the sale agreement for the property.
Discrepancies emerging during the home appraisal (8%): These include undisclosed property issues or specific requirements for financing such as FHA financing.
Title defects (1%): these include unexpected or unresolved liens or claims.
Other common challenges include incomplete documentation, legal missteps (such as non-compliance with state or federal regulations), and survey disputes, like boundary issues.

Best Practices For Smooth Settlements: The Role Of A Real Estate Lawyer

A real estate lawyer plays a pivotal role in helping both buyers and sellers navigate a real estate settlement without issues, by:

Help follow best practices, which minimize errors and prevent discrepancies.
Conduct thorough title searches to identify and mitigate potential issues early.
Review and prepare all necessary documentation to ensure accuracy and compliance
Facilitate clear communication among all parties, which helps resolve any disagreements or misunderstandings.
Provide legal advice to help clients navigate complex situations and make informed decisions.

Managing a real estate settlement can be complex. Contact Bingaman Hess today to schedule a consultation with one of our experienced real estate attorneys. Our team of seasoned legal professionals brings a wealth of talent and experience to every case, ensuring that you receive the highest level of representation and personalized attention.

Corporate Litigation and Dispute Resolution

Sat, 03 Aug 2024 18:15:47 GMT

Businesses do not want to spend their time battling a corporate dispute, but it is sometimes unavoidable. The cost of finding a resolution can be significant, not just in financial terms, but also in time and resources. If you find yourself in a corporate litigation matter, it is important to get in touch with a corporate attorney .

Common Types of Corporate Disputes and Their Resolution Mechanisms

Corporate Dispute Types

Contract Issues

Contract disputes are a common cause of corporate litigation cases. These types of cases can arise in-house (e.g., arising from an employee contract dispute), between businesses (e.g., a business fails to pay for goods/services or fails to deliver goods/services), or between a customer and a business (e.g., the customer is dissatisfied with the service they received).

Intellectual Property

Intellectual property disputes may arise when two or more parties claim rights to intellectual property. During these cases, the challenged or challenging party may have to show evidence that they are the rightful owners of the IP.

Ownership Disputes

Ownership disputes sometimes arise between owners of a business. For example, an owner may claim that they are not receiving benefits to which they are entitled, that another owner has been misappropriating funds, or that a breach of contract has occurred.

Resolution Mechanisms

Meditation

Meditation is sometimes a cost/time-effective way to deal with corporate disputes. This method of corporate dispute resolution involves hiring a neutral mediator to help the parties involved in the dispute come to a resolution, though these resolutions may be non-binding unless otherwise agreed.

Arbitration

Arbitration is sometimes considered a middle tier of dispute resolution. Under this mechanism, the dispute is heard by a neutral third-party who, after hearing all sides of the argument, delivers a decision. This decision is binding and can only be appealed under very limited circumstances.

Litigation

Litigation occurs when a lawsuit is filed. Disputes are sometimes resolved before trial. Experienced litigators are recommended for this process.

Strategies for Mitigating Litigation Risks

Develop Sound Policies

Businesses that do not develop robust, legally-sound policies are at an increased risk of litigation. Conducting regular legal audits, during which your potential legal risks are identified, can be an effective way to limit the risk of litigation.

Take Prompt Action

It is not always possible to avoid problems. If a potential issue arises, act promptly. It is sometimes possible to avoid lengthy litigation battles by taking a proactive approach to problems.

Consult With Legal Experts

It is recommended to work with legal professionals for your industry on an ongoing basis. Legal professionals can ensure that your business is compliant with local and national laws, help with contract drafting, and perform risk assessments.

Contact Bingaman Hess today to schedule a consultation with one of our experienced corporate attorneys. Our team of seasoned legal professionals brings a wealth of talent and experience to every case, ensuring that you receive the highest level of representation and personalized attention.

Intellectual Property Protection for Corporations

Sat, 27 Jul 2024 22:00:00 GMT

In today’s knowledge-driven economy, intellectual property (IP) is one of the most valuable assets a business can own. Whether it’s a unique product design, an innovative technology, or a distinctive brand, protecting your intellectual property is crucial for maintaining a competitive edge and ensuring long-term success. However, safeguarding these assets requires more than just a general understanding of IP law. It demands the expertise and precision that only a specialized corporate attorney can provide.

Here are some important benefits of hiring a corporate attorney to create and manage your intellectual property documents and agreements.

Expertise in Intellectual Property Law

Comprehensive Knowledge

Corporate attorneys specializing in intellectual property possess extensive knowledge of IP laws and regulations. This expertise allows them to navigate the complexities of trade secrets and proprietary information effectively. They understand the nuances of different types of intellectual property and can provide tailored advice on how best to protect each asset.

Staying Up to Date with Legal Changes

The legal landscape surrounding intellectual property is constantly evolving. Corporate attorneys stay updated with the latest changes in IP laws, ensuring that your documents and agreements comply with current regulations. This proactive approach helps avoid potential legal issues and keeps your IP protections robust and enforceable.

Customized Protection Strategies

Tailored Agreements

Every business is unique, and so are its intellectual property needs. A corporate attorney can create customized agreements that specifically address your company’s IP requirements. Whether you need a confidentiality agreement or a non-disclosure agreement, they can tailor each document to provide the maximum protection for your assets.

Strategic Advice

In addition to drafting documents, corporate attorneys offer strategic advice on how to manage and protect your intellectual property. They can help you develop a comprehensive IP strategy that aligns with your business goals, identify potential risks, and suggest measures to mitigate those risks.

Efficient Handling of Complex Procedures

Non-Disclosure Agreements (NDAs)

Drafting a non-disclosure agreement requires detailed and precise legal language to ensure that your proprietary information is adequately protected. A corporate attorney can streamline this process by ensuring that all necessary information is included, that the agreement is clear and enforceable, and that it meets all legal requirements. This reduces the risk of loopholes and increases the effectiveness of the NDA.

Protection Against Infringement

Enforcement of IP Rights

Having well-drafted IP documents is only the first step. Enforcing your IP rights against infringement is equally important. Corporate attorneys can assist in monitoring the market for potential infringements and take swift legal action if your IP rights are violated. They can send cease-and-desist letters, negotiate settlements, and represent you in court if necessary.

Litigation Support

If a dispute arises, having a corporate attorney on your side can make a significant difference. They can provide expert legal representation, build a strong case, and advocate for your interests in litigation. Their expertise in IP law and litigation procedures enhances your chances of a favorable outcome.

Cost-Effective Solutions

Avoiding Costly Mistakes

Attempting to handle IP matters without professional assistance can lead to costly mistakes. Errors in NDAs or IP agreements can result in the loss of IP rights, expensive legal disputes, and damage to your business reputation. Hiring a corporate attorney helps avoid these pitfalls and ensures that your IP assets are protected correctly from the start.

Long-Term Savings

While hiring a corporate attorney involves an upfront investment, it can lead to long-term savings. Properly protected IP assets can generate significant revenue through licensing, partnerships, and other business opportunities. Additionally, effective IP protection reduces the risk of costly litigation and financial losses due to infringement.

Focus on Core Business Activities

Delegating IP Management

Managing intellectual property can be time-consuming and complex. By delegating IP management to a corporate attorney, you can focus on what you do best – running your business. This allows you to allocate your time and resources more effectively, driving growth and innovation.

Peace of Mind

Knowing that your intellectual property is in the hands of an expert provides peace of mind. You can be confident that your IP assets are well-protected and that you have a trusted advisor to turn to for any IP-related issues.

Why Take a Chance?

Protecting your intellectual property is essential for securing your business’s future. Do not leave it to chance – enlist the expertise of a specialized corporate attorney to ensure your IP assets are safeguarded effectively. At Bingaman Hess, we offer comprehensive IP protection services tailored to your unique needs. Contact us today to learn how we can help you protect your valuable intellectual property.

Estate Planning and Retirement Accounts

Sat, 20 Jul 2024 22:00:00 GMT

A significant part of estate planning is a will designating how you want your assets distributed after you die. The expertise of an Estate Planning Attorney can minimize stress for your family and help ensure that your wishes are followed.

For many people, part of their assets includes the remaining balance in their retirement accounts. Generally, naming a beneficiary directly on your retirement account(s) avoids the probate process . However, you should still understand the limitations of how and when your beneficiaries can withdraw money from these accounts.

The experienced Estate Planning Attorneys at Bingaman Hess can help determine the best approach for your unique situation.

SECURE Act and SECURE 2.0 Act

If you set up your estate plan before 2023, you should take another look at it because the SECURE (Setting Every Community Up for Retirement Enhancement) Act of 2021 and the subsequent SECURE 2.0 Act initiated several changes regarding retirement plans and what happens to them when you die.

Here are a few key changes to be aware of:

1. Non-spouse beneficiaries must withdraw the entire inherited retirement account within ten years of the account owner’s death. There are exceptions for minor children, disabled or chronically ill individuals, and beneficiaries who are ten years or less younger than the deceased.

2. You can contribute to traditional IRAs regardless of your age. Before SECURE, you could no longer contribute to a traditional IRA once you reached 70 ½. Roth IRAs and 401(k)s did not have that age limitation.

3. You can wait until you are 73 years old to begin taking the required minimum distributions (RMDs) from your traditional IRA or 401(k). Before SECURE, you had to start taking the RMD once you reached 70 ½ years old. By the year 2033, the age is set to increase to 75. You may be able to defer your RMD if you are still working at 73. Roth IRAs do not have an RMD.

4. You can now withdraw up to $1,000 from your retirement account annually – without penalty – for personal or family emergencies.

5. New parents can withdraw $5,000 from a 401(k) or IRA – without penalty – within one year of a child’s birth or adoption.

Retirement Plan Accounts

Here is a brief explanation of some retirement plan accounts:

IRAs (Individual Retirement Accounts)

Traditional and Roth IRAs are retirement accounts you can set up and continue contributing to over time. With IRAs, you can decide how the money is invested – stocks, bonds, mutual funds, etc. You also do not pay capital gains taxes on the IRA’s dividends, investment returns, or interest earned.

Currently, the IRS allows a maximum annual contribution to a traditional or Roth IRA of $6,500 if you are under the age of 50 and $7,500 if you are 50 or older. You can contribute to an IRA even if you have a 401(k) with your employer.

“The main difference between a Roth IRA and a traditional IRA is how and when you get a tax break,” NerdWallet explains. “Contributions to traditional IRAs are tax-deductible, but withdrawals in retirement are taxable as income. In comparison, contributions to Roth IRAs are not tax-deductible, but the withdrawals in retirement are tax-free.”

There are also less common types of IRAs, such as a SIMPLE IRA plan, that your employer can set up.

401(k)s and 403(b)

A 401(k) is a retirement account set up by an employer or a 403(b) if the employer is a non-profit. You can contribute pre-tax income to these plans; often, an employer will also contribute to the account.

The current maximum annual contribution on a 401(k) or 403(b) is $23,000. You can choose which types of investments you want your account invested in, and you will not pay capital gains tax. However, like a traditional IRA, when money is withdrawn from a 401(k) account, it is considered taxable income, unlike other inherited assets not subject to income tax.

Inherited Retirement Accounts

With retirement accounts, you can name a primary beneficiary and an alternate beneficiary to receive the money if the primary beneficiary dies before you do. You can also name multiple primary and alternate beneficiaries and determine how the money is allocated among them.

If you name your spouse as the sole beneficiary of a retirement account, they will have more flexibility regarding what they can do with the money than other beneficiaries like a sibling, niece, etc.

If a spouse is the sole beneficiary, they can leave the account in the deceased spouse’s name or roll the money over into their own retirement account. If they leave the account as is, the surviving spouse can take the RMDs based on their age and will pay the early withdrawal penalty if they withdraw the money before they are 59 ½. If they roll the money into their own retirement account, the RMDs will begin when they reach 73.

A non-spouse retirement account beneficiary cannot roll the account over and will typically need to withdraw all of the money within ten years of the account owner’s death.

It is important to note that if you name your spouse as a beneficiary and later divorce, their claim to the money is not automatically terminated. You need to change the beneficiary on the retirement account. Also, if the beneficiaries on the account are different from those in your will, typically, whoever you named as the beneficiary on your account will receive the money in that account.

How an Experienced Estate Planning Attorney Can Help

There are many facets to estate planning that need to be considered. Bingaman Hess’s estate planning attorneys listen to your unique goals and concerns, thoroughly review your situation, and provide a customized strategy for you.

Give us a call at 610.374.8377 or contact us online .

What PA Home and Property Owners Need to Know About Adverse Possession

MJBoyer@bingamanhess.com (Mahlon Boyer) — Sat, 13 Jul 2024 20:07:20 GMT

Adverse possession can be extremely complex, and it is crucial that you seek the professional guidance of one of the experienced Real Estate attorneys at Bingaman Hess in regard to questions or concerns you may have in regard to it.

Adverse Possession in Pennsylvania

Cornell Law School defines adverse possession as "a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations." The purpose of adverse possession is to help prevent lawsuits, correct defects in titles, ensure land does not remain dormant and to promote land development.

Adverse possession most often occurs when property lines are misdrawn or there is a disagreement about property lines. Importantly, adverse possession cannot be used to acquire federal or state government-owned property.

In PA, a person seeking to acquire property via adverse possession must prove multiple factors including actual, continuous, exclusive, notorious, and hostile possession of the property for a certain number of years.

Actual Possession

Actual possession may occur when someone treats property as their own. For example, they have made improvements, cultivated the land, built a shed, maintained a fenced-in lawn, paid property taxes, etc.

Continuous

Possession of the property cannot be sporadic for purposes of adverse possession. It must be continuous and uninterrupted for the length of the applicable statute of limitation. The person seeking to make a claim for adverse possession must use the property as the title owner would.

Exclusive

Possession of the property must be exclusive. The claimant cannot share possession of the property with the title owner. For example, if the title owner uses the property occasionally, possession of the property is not considered exclusive.

Notorious

The use of the property needs to be public, allowing the title owner the opportunity to see the use of the property.

Hostile

If the title owner grants permission to use the property, it is not considered hostile and cannot be taken by adverse possession.

Tips to Avoid Adverse Possession Claims on Your Property

1. Properly identify your property lines.

2. Monitor and regularly check for encroachments on your property such as driveways, sheds, gardens, mowed areas, etc.

3. If any property is part of an easement, know what activities are consistent with the granted easement.

Adverse Possession Claim

A trespasser cannot simply declare that they are owner of a property. Proving adverse possession is required.

To accomplish this, a trespasser must notify the title owner and initiate a quiet title action - "a civil court action or lawsuit that is filed with the intended purpose to establish or settle the title to a property." This action should be filed with the Court of Common Pleas in the county where the property is located.

The burden of proof is on the trespasser. They need to present evidence proving they satisfy all adverse possession requirements – actual, continuous, exclusive, etc. If the title owner wins the case, the quiet title action is dismissed.

If you suspect someone is trying to take your property by adverse possession (but has not yet initiated a quiet title action), you need to assert your rights to the property by confronting the trespasser and gathering evidence that the requirements of adverse possession have not been met. If the trespasser does not respond, you should consider an action in ejectment against the trespasser.

Legal Advice on a Wide Range of Real Estate Issues

Whether you are a title owner or someone who is initiating a quiet title action, the knowledgeable Real Estate attorneys at Bingaman Hess can help you achieve your goal.

Give us a call at 610.374.8377 or contact us online.

What Should You Do if You Are the Victim of a Hit and Run Accident?

Sat, 06 Jul 2024 19:09:48 GMT

Hit-and-run accidents are an unfortunate reality. According to the AAA Foundation for Traffic Safety , "More than one hit-and-run crash occurs every minute on U.S. roads." An experienced Civil Litigation attorney can provide legal guidance and support if you are the victim of a hit-and-run accident.

Pennsylvania does not take hit-and-run accidents lightly. They are considered a criminal act. Title 75, Section 3744 of the PA Vehicle Code mandates that drivers involved in motor vehicle accidents resulting in property damage or injury must stop their vehicle at or as close as possible to the scene, provide information, and assist the injured.

Depending on the circumstances - if there was property damage, injuries, or death - leaving the scene of an accident is considered a 3 ^rd -degree misdemeanor, 3 ^rd -degree felony, or 2 ^nd -degree felony in PA and may result in a fine, license suspension, probation, and/or a prison sentence of up to seven years.

There is no excusable reason for someone to flee the scene of an accident; however, there are many reasons that some people do. The offending driver could be intoxicated or under the influence of drugs, driving with a suspended license or with no insurance, driving a stolen car, have an outstanding warrant for their arrest, or they may not even realize they were in an accident.

Being involved in a traffic accident is frightening and stressful enough. If the other driver flees the scene, it makes everything worse. You can take steps immediately following a hit-and-run accident to increase the chance of a successful resolution.

Steps to Take Following a Hit-And-Run Accident

Call 911. Request a police officer to file a report and an ambulance if anyone needs medical attention. 911 can also dispatch firefighters if needed.
DO NOT try to follow the driver. Speeding is unsafe, and the driver may be dangerous. Plus, you may miss the opportunity to identify potential witnesses.
Write down or make a voice recording of what occurred while it is still fresh in your mind.
Write down or record anything you can remember about the vehicle or driver that fled the scene – vehicle's make, model, color, distinguishing features (dents, bumper stickers, etc.) and license plate number if you caught it.
Identify witnesses. Ask anyone who witnessed the accident what they observed, what their impressions were, and what their opinion of how the accident occurred was. Ask if they recall any information about the vehicle or driver. Write or record the information and get their name and contact information.
Take photographs. If possible, take a photo of the other vehicle's license plate. It may also be helpful to take pictures of your car and the accident scene.
See a doctor for injuries you may have suffered or to confirm that you have not suffered any injuries.
Contact your insurance company . Most insurance policies require that you report an accident promptly. NOTE : If you choose full-tort coverage, you may seek financial compensation for pain and suffering and other nonmonetary losses stemming from the accident without any prerequisite. However, if you choose limited tort coverage, you may seek recovery for medical treatment and other out-of-pocket losses caused by the accident, but not for pain and suffering or other nonmonetary losses unless your injuries meet the statutory requirements for a limited tort claim.
Contact an experienced Civil Litigation Attorney . A skilled attorney can help you understand your rights and legal options, assist you in collecting relevant evidence, file a claim for damages and help ensure the best possible outcome for you.

Put Experience on Your Side!

If you are the victim of a hit-and-run accident, you need an experienced civil litigation attorney on your side to represent you and protect your interests. Bingaman Hess's experienced litigation attorneys will gladly review your legal issue and recommend your best strategy.

Call Bingaman Hess's law firm at 610.374.8377 or contact us online .

The Ins and Outs of Real Estate Co-Ownership

Tue, 25 Jun 2024 14:30:02 GMT

Whether you are about to enter into real estate co-ownership or preparing to sell a co-owned property, the guidance of an experienced Real Estate Attorney may be invaluable. Their expertise can help navigate the complexities of co-ownership, ensuring a smooth and legally sound transaction.

Today, numerous scenarios could lead to the co-ownership of a property. From inheriting a property with siblings to purchasing an investment property with a partner, co-ownership presents both opportunities and challenges. Understanding these potential pitfalls and seeking legal advice to avoid them is crucial.

The key to a successful co-ownership arrangement is proactive planning. By addressing potential issues before entering into co-ownership, you can set clear expectations and avoid future conflicts. For instance, you should establish the percentage of ownership for each party, clarify responsibilities for property upkeep, and plan for potential changes in ownership. This level of preparation empowers you to make informed decisions and ensures a smoother co-ownership experience.

Types of Co-Ownership

There are various legal ways to establish co-ownership of a property; each has advantages and disadvantages. T o navigate this complex landscape, it is wise to seek the guidance of an experienced Real Estate Attorney. Their expertise can help you determine the best approach for your unique situation, giving you the confidence you need to proceed.

Tenancy in Common (TIC)
With TIC, you do not need to be married; you can establish as many owners as you want, and each owner can own a different percentage ownership of the property. For example, one person can own 70% of the property, and another can own 30%. Responsibilities for maintenance and upkeep and the right to use and occupy the property can be established between the owners.

With TIC, each owner can freely transfer their share of ownership to whomever they choose. It is important to note that with TIC, there are no rights of survivorship , which means if one owner dies, their share of the property goes to whomever the deceased has designated in their will (and may not be the other co-owners). In PA, if the deceased co-owner does not have a will, their share of the property is distributed based on intestate succession laws .
Joint Tenancy With Right of Survivorship
Joint Tenancy does not require the co-owners to be married. All owners share equal rights (even if one party provided most or all of the down payment, maintenance costs, etc.) unless otherwise agreed. If one owner dies or becomes incapacitated, ownership of the property goes to the other owner. Joint Tenancy may be an option for parents who want their children to get their house upon their death because it bypasses the probate process. Use of this method by parents needs to be discussed with an attorney to ensure it is right for the particular situation.
Tenancy by Entirety
Tenancy by entirety is permitted for legally married couples in Pennsylvania. This type of ownership considers the couple as one individual owning the property. Ownership automatically transfers to a spouse upon the death of the other one. Creditors of one spouse may not seek to execute against property owned by both spouses as a joint tenancy by entirety.
Corporation Ownership
"Ownership in real estate can be done as a corporation, whereby the legal entity is a company owned by shareholders but regarded under the law as having an existence separate from those shareholders," Investopedia explains. This type of co-ownership may provide privacy, personal liability protection, flexibility, and estate planning benefits.
Partnership Ownership
"A real estate partnership is an investment strategy that integrates the strengths of two or more investors into a single property. Typically, partnerships are categorized as either active (also called general) or passive (also known as limited)," Rocket Mortgage explains. "Active partnerships are where all parties are equally responsible for day-to-day management, while passive partnerships are used as a means to raise capital from investors who are not as involved." This type of co-ownership offers benefits, such as payment flexibility, but it also increases the potential for conflict and a disproportionate level of involvement.

Disagreements Over Selling a Co-Owned Property

Issues can arise when co-owners disagree about selling a property. For example, let's say three siblings inherit their parents' home. Two siblings want to sell the property immediately, and one wants to keep it.

Depending on the type of co-ownership, there are options to resolve the legal conflict:

A Buyout
In the above scenario, one sibling can buy the other two out if they have the money, the other siblings agree to it, and they can all agree on the property's value.
Legal Action
In PA, one co-owner can request a partition action. This may result in the sale of the property. This approach can be expensive and take a long time to resolve.

Avoid Costly Real Estate Mistakes

Whether buying, selling, leasing, developing, managing, or financing a real estate project (especially if it's a co-ownership), the experienced real estate attorneys at Bingaman Hess can help you navigate the process. Our goal is to process your real estate transaction as efficiently as possible to a successful resolution. When legal disputes occur, our real estate litigation attorneys can help resolve those disputes through mediation, arbitration, or, when necessary, in court.

Contact the Real Estate Attorneys at Bingaman Hess today at 610.374.8377 or find us online .

Estate Planning and Legal Guardianship

Tue, 18 Jun 2024 14:30:00 GMT

Estate planning has many different facets, such as a will, durable power of attorney, health care power of attorney, estate administration, trusts, tax planning strategies, and, for some, legal guardianship.

A legal guardian protects, cares for, and looks out for the well-being of an individual who cannot care for themselves. That individual could be a child under 18 years of age or someone else who is unable to care for themselves, such as an adult child with disabilities or an elderly parent. If you are currently a legal guardian to an individual and want to ensure they will be cared for if you become physically or mentally incapacitated or die, you can do that by naming a legal guardian in your estate plan.

A legal guardian can be a friend, family member, or someone you believe will act in the individual's best interest. They must be at least 18 years old, and you can name multiple guardians.

Generally, legal guardians are responsible for acting on behalf of and in the best interest of the individual in their care until the individual turns eighteen or it is determined they no longer need a guardian.

If required, a court can assign a legal guardian. The court considers the guardian's stability, ability to care for the child properly, the relationship between the parents and the guardian, their moral character, and the child's preferences. As the final authority, the court plays a crucial role in appointing a legal guardian.

Types of Legal Guardians

There are many different ways to describe the various types of legal guardianships.

Guardianship of Minors
Someone appointed to care for the needs of a child under 18 is considered a guardian of a minor. They often manage personal and financial decisions.
Guardianship of Elderly
Sometimes, older adults get to a point where they can no longer properly care for themselves or make informed decisions on their own behalf, so an elderly guardian may be appointed.
Legal Guardianship for Adults
Sometimes, adults (often with severe disabilities) are unable to care for themselves or make decisions on their own behalf, so a legal guardian is appointed.
Medical Guardianship
If an individual is incapacitated and unable to make medical decisions for themselves, a medical guardian may be appointed to make them on their behalf.
Pet Guardianship
If you have pets you want to ensure are taken care of by someone you trust in the event that you cannot do so, you can name a pet guardian in a living trust or will.
Financial Guardianship or Guardian of the Estate
Also known as conservators, financial guardians manage someone's financial assets and make financial decisions on their behalf.
Full Guardianship
Someone with full guardianship has complete responsibility and decision-making authority over someone's legal, financial, and personal affairs.
Limited Guardianship
Someone with limited guardianship is responsible for some but not all of an individual's needs.
Joint Guardianship
You can appoint more than one guardian with shared responsibilities. This can sometimes make sense but can also lead to disputes between guardians.
Guardian of the Person
A Guardian of the Person is responsible for custody and care of the individual, including housing, feeding, clothing, and other basic needs. They can decide about the individual's education, where they live, etc.
Guardian Ad Litem
Finally, the court can appoint a "Guardian Ad Litem " to represent a minor's legal interests. This type of guardian is typically appointed in divorce cases, probate matters, or when a minor has been neglected or abused.

How and When to Choose a Legal Guardian?

Choosing a legal guardian—whether for yourself if you become incapacitated, a child, or someone else you care for—should not be taken lightly. Often—but not always—a family member is the logical choice.

You should evaluate potential candidates by asking the following questions and then discuss it with them.

Are they willing and able to take on the responsibility?
Are they healthy?
Are they financially stable?
Are they responsible?
Where are they located?
Can they make hard decisions?
If the guardianship is for your child, how well do they know them, do they get along, do they share similar values with you, how would your child's life look like with this person, etc.?

If you are pregnant, have children, or care for anyone else and haven't already done so, you should consider the process of naming a legal guardian for them. You may also consider your choice of legal guardianship before a significant medical procedure, after marriage, after a divorce, or after any other life-altering situation.

We Can Help You Designate a Legal Guardian Before It's Too Late

Nobody wants to think about what will happen when they pass away or if they become incapacitated, and many people assume they have more time; however, continuing to ignore or put off the inevitable may cause undue stress and expenses for your family when you do pass away or if you become incapacitated. An estate plan can make things easier for your family and ensure your wishes are followed.

Don't wait! Contact the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or find us online .

6 Common Types of Civil Litigation

Thu, 13 Jun 2024 14:30:01 GMT

Civil litigation can be extremely complex; therefore, if you are involved in a lawsuit as the plaintiff or defendant, you may want to contact one of the experienced civil litigation attorneys at Bingaman Hess. Failing to understand your rights could potentially expose you to significant risks.

What is Civil Litigation?

Civil litigation is a legal process that attempts to resolve disputes between individuals, businesses, or other entities that are not based on criminal actions. I n civil litigation, the plaintiff (the person filing the claim) seeks monetary compensation (known as damages) or a specific action from the defendant (the person being sued). Many types of cases fall under the umbrella of civil litigation.

6 Common Types of Civil Litigation

It is nearly impossible to list every type of civil action, but here is a description of a few of the more common types of civil litigation:

Breach of Contract
A breach of contract occurs when someone breaks the terms of a binding contract, which can be written or oral. Missed payments and failure to deliver are typical examples of a breach of contract. For example, if you sign a lease that states you are to pay $1,000 in rent on the first of each month but fail to do so, that is a breach of contract. Or, if you pay a contractor to remodel your kitchen, but they do not finish the work, that is a breach of contract.
Personal Injury The American Bar Association (ABA) explains, "Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses."
Commercial Litigation
Commercial litigation is a dispute between businesses and individuals (i.e., a customer or employee and a business) or between two or more businesses (i.e., a vendor and a business). Some examples of commercial litigation include copyright or trademark infringements, fraud, wrongful discharge, breach of contract or warranty, and deceptive trade practices.
Class Action Litigation
"A class action is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or 'class,'" Cornell Law School explains. "Put simply, the device allows courts to manage lawsuits that would otherwise be unmanageable if each class member (individuals who have suffered the same wrong at the hands of the defendant) were required to be joined in the lawsuit as a named plaintiff."
Real Estate Disputes
Real estate disputes often occur between buyers and sellers of residential properties, homeowners and contractors or subcontractors, or landlords and tenants. Examples of this type of dispute include boundary disputes, breach of contract, seller's failure to disclose a defect, breach of fiduciary duty or negligence, title disputes, construction defects, and real estate fraud.
Debt Collection
This type of civil litigation is what it sounds like. Investopedia explains, "A debt collection lawsuit occurs when a creditor files a petition with the court to initiate a lawsuit against a borrower who owes them money."

Put Experience on Your Side!

Regardless of what type of civil litigation you are involved with, achieving success requires extensive knowledge of the law, the court system, and an often complex litigation process, along with skillful planning. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will thoroughly analyze your situation, provide knowledgeable guidance, and offer all available options to help achieve your desired outcome.

Put the power of our experienced civil litigation attorneys on your side by calling us at 610.374.8377 or finding us online .

Corporate Formation and Structure

Wed, 05 Jun 2024 21:26:17 GMT

Choosing the right business entity is a crucial decision that can impact your company's legal obligations, tax responsibilities, and overall success. As corporate attorneys , we understand the importance of selecting the right structure and ensuring that all legal requirements are met. This guide will explore different business entities, the steps involved in forming a corporation, and strategies for optimizing your corporate structure.

Comparison of Different Business Entities

When forming a business, the two most common entities are Limited Liability Companies (LLCs) and Corporations. Each has its advantages and disadvantages, which are important to consider.

LLCs (Limited Liability Companies)

Advantages:

Flexibility: LLCs offer flexible management structures and fewer formalities compared to corporations.
Pass-Through Taxation: Profits and losses pass through to the owners' personal tax returns.
Limited Liability: Owners (members) are typically protected from personal liability for business debts and claims.

Disadvantages:

Self-Employment Taxes: Members must pay self-employment taxes on their share of the profits.
Less Prestige: Some investors perceive corporations as more prestigious and credible.

Corporations

Advantages:

Limited Liability: Shareholders are generally not personally liable for corporate debts and liabilities.
Attracting Investors: Corporations can issue stock, making it easier to attract investors.
Tax Benefits: Potential for tax benefits through deductions and lower tax rates on retained earnings.

Disadvantages:

Taxation: C Corporations face taxation on profits at the corporate level and on shareholder dividends.
Complexity and Cost: More complex and costly to establish and maintain, with more regulatory requirements.
Formalities: Corporations must adhere to strict formalities, including holding regular board and shareholder meetings.

Steps Involved in Forming a Corporation

1. Choose a Business Name

Select a unique name that complies with Pennsylvania's corporate naming rules and check for availability.

2. Prepare and File Articles of Incorporation

Draft and file Articles of Incorporation with the PA Secretary of State. This document includes essential details about your corporation, such as its name, purpose, and the number of authorized shares.

3. Create Corporate Bylaws

Bylaws outline the corporation's internal management structure and operating procedures. Although not filed with the state, they are crucial for corporate governance.

4. Appoint Directors and Hold an Initial Board Meeting

Appoint the initial directors who will oversee the corporation. Hold the first board meeting to adopt bylaws, appoint officers, and address other key organizational matters.

5. Issue Stock

Issue stock certificates to the initial shareholders, documenting their ownership in the corporation.

6. Obtain Necessary Licenses and Permits

Ensure your corporation has all required federal, state, and local licenses and permits to operate legally.

Strategies for Optimizing Corporate Structure

Maximize Tax Benefits

Elect S Corporation Status: Profits and losses pass through to shareholders' personal tax returns.
Utilize Deductions: Take advantage of available tax deductions, such as business expenses, salaries, and benefits.

Enhance Liability Protection

Maintain Corporate Formalities: Regularly hold board and shareholder meetings, keep minutes, and ensure all corporate records are up to date to maintain liability protection.
Separate Personal and Business Finances: Keep personal and corporate finances distinct to reinforce the separation between the entity and its owners.

Attract Investors

Issue Different Classes of Stock: Create multiple classes of stock to attract a diverse range of investors and provide flexibility in distributing profits and voting rights.

Forming a corporation involves several critical steps, from choosing the right entity to optimizing your corporate structure for tax benefits and liability protection. By understanding these steps and strategies, you can set your business up for long-term success.

Ready to form your corporation?

Contact Bingaman Hess for professional guidance and legal support. Our experienced corporate attorneys are here to help you navigate the process and ensure your business is built on a solid legal foundation.

Corporate Contracts and Agreements - Best Practices & Tactics

Tue, 28 May 2024 14:30:02 GMT

Some companies make mistakes that jeopardize their success and profitability. Fortunately, you do not need to be among them. This post lists essential clauses to include in corporate contracts to help mitigate risk and avoid mistakes.

Essential clauses to include in corporate contracts for risk mitigation

A few simple clauses in corporate contracts can mitigate risks substantially . Firms that include them can protect themselves legally and prevent counterparties from taking advantage.

Here are some essential terms to include in corporate contracts and agreements:

Scope of work.
These clauses outline the work included in your price, what you will deliver, and how you will perform. It can also include things that cost extra or that you will not include. The scope of work is practical because it prevents scope creep (where customer expectations expand) and establishes relevant performance criteria.
Payment terms.
These clauses set out the fundamental payment parameters, including when, how, and how much clients will pay. Terms should normally include late payment fees.
Termination and renewal.
These clauses define the conditions under which you will terminate or renew the contract. Such terms are helpful when risks include force majeure, insolvency, or failure to pay.
Dispute resolution.
Dispute resolution clauses detail how parties will resolve conflicts in various situations. Before considering litigation, terms should consider scenarios under which mediation or arbitration could help. The terms should also confirm the laws governing disputes that may arise.
Intellectual property and confidentiality.
IP and confidentiality terms prevent sensitive or secret information from becoming public. Contracts may detail how to handle confidential data, who will protect it, and the consequences for revealing it.
Risk allocation and liability limits.
Finally, adding clauses that allocate liability can reduce risk by setting out who is responsible for contract performance as well as the duty to indemnify under specific scenarios.

Negotiation tactics for securing favorable contract terms

Including essential clauses in corporate contracts to reduce risks is straightforward. However, negotiating with opposite parties to secure favorable terms can be more challenging. Getting the human element right can be formidable.

Fortunately, there are tactics to get off on the right foot and maximize the likelihood of a desirable outcome, such as:

Use The First-Person Plural

One approach is to adopt a collaborative approach to negotiation, using terms like “we” and “our”. Being less trenchant and more accommodating can convince the other side you are seeking a solution that benefits you both.

Use Silence To Your Advantage

Another approach is to use silence strategically. Stopping the conversation provides time for the other party to offer concessions.

Build Rapport

Building rapport can also help during negotiations. Listening carefully and paying attention to the other party’s needs and emotions can direct the conversation in your favor.

Be Prepared To Walk Away

Another tactic for securing favorable contract terms is to be ready to walk away. Reminding the opposing party you are willing to walk away gives power back to you. It can feel uncomfortable but prevents you from budging on your core priorities.

Adapt Your Body Language

Finally, adapt your body language to fit the meeting. Adjusting your posture and maintaining eye contact during discussions shows your confidence and professionalism.

Common mistakes to avoid

Avoiding common pitfalls is also essential for successful corporate contracts and agreements. One mistake can derail everything.

Here are some pitfalls that affect various types of corporate contracts:

Using the wrong language in contracts or leaving the wording ambiguous
Rushing in and signing an agreement without understanding the other party’s terms
Failing to apply contract enforcement when the other party breaches the agreement
Ignoring relationship-building and rapport with the other party
Keeping items off the sales agreement contract or relying on verbal assurances
Giving up too many concessions early and weakening your position
Reacting based on emotions instead of what is in your company’s best interest

Get Help With Creating and Analyzing Contract Agreements

Bingaman Hess is here to help you create and analyze corporate contract agreements. Our expert team of corporate attorneys can analyze your documentation, ensuring it mitigates risks and puts your firm in the best position.

Call now.

Real Estate Purchase and Sale Agreements

Sat, 18 May 2024 22:00:00 GMT

Buying a home or other property is probably one of the most significant and complex purchases you will ever make, but an experienced Real Estate Attorney can walk you through the process and ensure that you are protected by having all of your documents in order, including the real estate purchase and sale agreement, which needs to be signed by both the buyer and the seller.

What is a Purchase and Sale Agreement?

A purchase and sale agreement (PSA) is a legally binding document that lists all the agreed-upon terms of the sale and the intentions of both the buyer and the seller. It is sometimes called the purchase and sales contract. A PSA can be used in other sales transactions, such as purchasing a vehicle or company stock, or when purchasing expensive or large volumes of materials over time.

8 Elements of a Real Estate Purchase and Sale Agreement

Every PSA is unique; however, the following information is typically included in most:

Information about both parties, including their full legal names and contact information
A detailed description of the property
The purchase price
How the buyer will pay the seller
Earnest money details—Earnest money is a deposit paid by the potential buyer to the seller to show good faith in their intent to complete the transaction. The PSA includes the amount of the earnest money, when it must be deposited, contingencies that could allow the buyer to get the money back, how long the buyer has to perform their due diligence, and who will manage the money.
Closing Date—The closing date is the day you finalize the transaction. Typically, a home inspection, title search, appraisal, and mortgage underwriting must occur before the sale can become final.
Title Details – A title company performs a title search , which is a search of public records to determine if the title on the property is clean and that no other party has a claim to the property. The PSA identifies the title company, who will pay the title company, how the title is insured, and how the title will be transferred.
Contingencies – Contingencies allow either party to back out of the deal. For example, the buyer may ask that the sale be contingent on selling their current home, obtaining financing, or on the home inspection or appraisal results.

While a PSA is legally binding, some things can be negotiated even after both parties have signed it. For example, if a home inspection reveals a major issue or the parties want to change the closing date.

How to Avoid Costly Real Estate Mistakes

An experienced real estate law firm like Bingaman Hess can help you avoid costly mistakes in a real estate transaction. Our lawyers help you understand your obligations and potential costs, assist you with paperwork, avoid disputes, and proactively address potential real estate issues.

Avoid costly mistakes by calling us at 610.374.8377 or contact us online .

How to Reduce Estate Taxes in PA

Sat, 11 May 2024 22:00:00 GMT

For many, a crucial goal of estate planning is ensuring that their beneficiaries are cared for upon their death. Unfortunately, many assets passed from the deceased to the beneficiary are subject to various taxes, lowering the amount beneficiaries receive, especially with larger estates. However, an experienced Estate Planning Attorney can help minimize the impact of taxes on your beneficiaries.

Potential Taxes Imposed on Inheritances

Many factors determine the taxes imposed on an inheritance, such as the state the deceased lived in and the estate's value, but here are four taxes an inherited estate may be subject to.

Estate taxes are taken out of the deceased's assets before they are distributed to their beneficiaries. At present, the federal estate tax only applies to estates worth more than $12.92 million.

An inheritance tax is imposed in Pennsylvania. The Pennsylvania Department of Revenue explains, "Inheritance tax is imposed as a percentage of the value of a decedent's estate transferred to beneficiaries by will, heirs by intestacy, and transferees by operation of law. The tax rate varies depending on the relationship of the heir to the decedent."

These are the inheritance tax rates in PA:

0% on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
4.5% on transfers to direct descendants and lineal heirs;
12% on transfers to siblings; and
15% on transfers to other heirs, except charitable organizations, exempt institutions, and government entities exempt from tax.

Capital Gains Tax

When a beneficiary sells an inherited asset, they may be subject to a capital gains tax, a federal tax imposed on the sale of assets such as houses or stocks. The rate of taxation can be zero, 15%, or 20%, depending on your taxable income for the year you sell the asset. PA also imposes a capital gains tax. Both federal and state laws also have the "step-up in basis" tax rule, which may reduce the tax implications.

Income Tax

Typically, an inheritance is not subject to income taxes. The exception is assets in pre-tax (or tax-deferred) accounts, such as traditional IRAs and 401(k)s. You can roll inherited pre-tax accounts into a pre-tax account, delaying your tax obligation until you withdraw the money.

Strategies to Reduce Estate Taxes

Every estate and every situation is unique, so it's best to consult with one of the experienced Estate Planning Attorneys at Bingaman Hess. Here are a few strategies they may recommend.

Create an Irrevocable Living Trust

A living trust is a legal document that allows you to transfer ownership of your assets into a trust account and assign management to a trustee (an individual or entity) on behalf of your beneficiaries. Living trusts can be revocable or irrevocable. An irrevocable living trust cannot be changed (unless all beneficiaries agree) or revoked, giving you significantly less control. However, an irrevocable living trust has several advantages, such as minimizing estate taxes.

Set up Joint Accounts

If you set up a joint account with someone else, perhaps an adult child, they will be taxed on half of the amount in the account rather than the total amount as long as it was set up at least one year before your death.

Gift Your Assets to Your Children

You can give your children monetary gifts while you're still alive to help avoid paying inheritance tax. Currently, you can give your children an annual gift of $18,000 without reporting that gift. PA does not impose a gift tax.

Buy Life Insurance

You can convert some of your non-life insurance assets into life insurance policies because death benefits from a life insurance policy are not subject to the PA inheritance tax.

Convert Traditional IRAs to Roth IRAs
It will cost you to convert a traditional IRA to a Roth IRA; however, the income tax will be paid before you die, reducing your taxable estate.

Purchase Real Estate Outside of Pennsylvania

Pennsylvania only taxes assets located in Pennsylvania, so if you purchase a beach house or other real estate outside of PA, it won't be subject to PA's estate tax. However, it may be subject to taxes imposed in the state where the property is located.

Consider Estate Planning Before It's Too Late

Continuing to ignore or put off the inevitable will only cause undue stress and expenses for your family when (not if) you do pass away. If you don't create your estate plan today, tomorrow may be too late. Do it now while you can make those important decisions to protect your family and yourself.

Get started today by calling us at 610.374.8377 or find us online .

Benefits of Mediation in Civil Litigation

Thu, 02 May 2024 19:45:23 GMT

One of the goals of the Civil Litigation Attorneys at Bingaman Hess is to resolve our client's legal disputes as efficiently as possible. Often, legal disputes can be settled out of court through alternative dispute methods such as mediation. This can save our clients both time and money.

What is Mediation?

"Mediation is an alternative dispute resolution method with a neutral person helping the parties find a solution to their dispute," Cornell Law School explains. "The neutral party is known as a mediator. Mediation may also be called case evaluation or facilitated negotiation."

The mediator helps the parties involved have constructive conversations, ensures everyone has an opportunity to speak, and helps explore and negotiate a resolution. Mediators do not give legal advice or make decisions for the parties involved.

Mediation can be requested before or after a lawsuit is filed, and it does not mean giving up the right to go to court if the parties aren't satisfied with the mediation outcome.

Mediation is voluntary, and both parties must mutually agree upon all decisions. The resolutions become legally binding when both parties agree to a written settlement or mediation agreement. If the dispute is resolved, the plaintiff can dismiss the case if a lawsuit has been filed. If the dispute is not resolved, it can be brought to court.

What are the Benefits of Mediation?

Cost Effective
Mediation is typically less expensive than litigation because it involves lower attorney fees, little to no court costs, and minimal or no administrative fees.
Quicker Resolution
Litigation can take months to years to come to a resolution. Meanwhile, mediation typically takes weeks to months to come to a resolution.
Flexibility
In courtroom litigation, options for the outcome can be limited to an all-or-nothing scenario. Typically, one party wins, and one loses. In mediation, the resolution can be tailored to a specific situation.
Comprehensive and Customized Results
Mediation can make the resolution more comprehensive and customized than in a court case. For example, the court cannot require an apology, but mediation can, and sometimes, that apology can make all the difference.
More Control
In litigation, a judge or jury decides the final outcome. With mediation, the parties involved work together to reach a mutually agreeable resolution, giving all parties more control over the outcome.
Confidential
All litigation proceedings in a courtroom are public record. In contrast, all discussions during mediation are between the mediator and the parties involved.
Higher Compliance Rates
Because all parties involved in mediation have a say in the final resolution of a dispute and need to agree to the resolution, the compliance rate for mediation resolutions is higher than litigation. One study found that in mediated cases, 70.6% of defendants paid in full, 16.5% paid in part, and 12.8% did not pay. In cases decided by a judge, only 33.8% of defendants paid in full, 21.1% paid in part, and 45.1 % did not pay at all.
Higher Satisfaction With Outcomes
Because all parties in mediation actively participate in the process, have a chance to speak their piece, and feel their voices have been heard and respected, more people are satisfied with the outcome than they are with court-ordered resolutions.
Less Stressful
Mediation is less formal and complex than traditional courtroom litigation, creating a more relaxed and less stressful environment. The parties deal directly with each other in an office, not a courtroom in front of a judge or jury, allowing them to focus on the issues rather than the legal technicalities.
Preservation of Relationship
Disputes that involve family members or long-standing business relationships can be particularly sensitive. Because mediation is a more collaborative process than litigation, parties have a better chance of understanding each other's perspectives, gaining mutual respect, and preserving their relationship.

How Can Bingaman Hess Civil Litigation Attorneys Help?

Whether we are representing a plaintiff or defendant, our litigation lawyers thoroughly analyze the situation, provide knowledgeable guidance, and offer all available options to help clients decide whether it is in their best interest to take their case to court.

Our negotiation skills and experience often allow us to resolve disputes out of court through effective mediation and arbitration, which saves our clients time and money.

If you have a civil litigation issue, call us at 610.374.8377 or find us online .

What is Probate?

Tue, 23 Apr 2024 15:00:00 GMT

As Estate Planning Attorneys , we often explain to our clients the probate process and help them navigate it.

“Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries,” the American Bar Association (ABA) explains. “The laws of each state vary, so it is a good idea to consult an attorney to determine whether a probate proceeding is necessary, whether the fiduciary must be bonded (a requirement that is often waived in the will), and what reports must be prepared.”

Basically, the probate court determines if the will is valid, officially names the executors, and oversees the distribution process. Some probate courts also handle guardianship and conservatorship matters.

What is the Probate Process?

Every estate is unique, so the probate process can vary, but the following is the typical process when the deceased has a will:

A representative of the estate files the will and a certified copy of the death certificate.
An executor is officially appointed. An executor (aka personal representative) is typically named in a will.
The Register of Wills provides “short certificates” that executors can present to banks and other financial institutions as proof an estate has been formed and to confirm the executor has permission to handle the deceased’s assets.
The executor notifies beneficiaries and creditors about the death of a decedent.
The executor determines the value of any property and probate assets (non-probate assets may include life insurance policies, pension plans, IRAs, 401(k)s).
The executor pays outstanding debts.
The executor distributes the remaining assets based on the will.
The executor files a final accounting that includes all assets, debts paid, and distributions to beneficiaries.
The executor files an inheritance tax return and pays inheritance tax that may be owed.

In Pennsylvania, if the deceased does not have a will, their assets are distributed based on the Intestate Succession Law . Who receives those assets depends on which relatives are still alive. For example, if a decedent has living children but no spouse, the assets go to the children. If the decedent has a surviving spouse and children, the spouse gets $30,000 plus half of the estate, and the children get the remaining half.

Probate is Not Always Required

Probate can take time and money and the process can take months or even years, making beneficiaries wait to receive their inheritance. Sometimes, probate is not necessary.

When Probate is Not Required

Here are a few examples of when probate is not required.

Small Estate
Estates under $50,000 (excluding land and real estate) do not have to go through the formal probate process although a Small Estate Petition may often be required.
Own Property Jointly
You can make your spouse or someone else the joint owner of property with a survivorship right, which means the asset automatically transfers to them upon your death.
Transfer-on-Death
Transfer-on-Death, when permitted, can avoid probate.
Payable-on-Death
“A Payable on Death (POD) beneficiary is an individual, group of individuals, non-profit, company, organization or trust, other than the owner or co-owner, designated by the owner(s) of the account to receive the balance of funds when the last owner on the account passes away,” Bank of America explains. “Checking, Savings, Certificate of Deposit (CD) accounts, Individual Retirement Accounts (IRA), and investment accounts are all eligible deposit accounts.”
Create a Living Trust
A living trust is a legal document that allows you to transfer ownership of your assets into a trust account and assign management of those assets to a trustee (an individual or entity) on behalf of your beneficiaries. One of the most significant advantages of a living trust (over a will) is that it avoids probate, which means assets are available to your beneficiaries immediately based on your specifications.

How Our Experienced Estate Planning Attorneys Can Help

Bingaman Hess’s estate planning attorneys listen to your unique goals and concerns, thoroughly review your situation, provide a customized strategy for you (including ways to avoid probate), and provide peace of mind. We can also assist the executor and beneficiaries of your estate upon your death to minimize stress at an already difficult time.

Don’t wait! Call today at 610.374.8377 or find us online .

8 Civil Litigation Terms to Know

Tue, 16 Apr 2024 15:00:00 GMT

The law, specifically civil litigation, can be extremely complex and complicated; therefore, contacting one of the experienced Civil Litigation Attorneys at Bingaman Hess is crucial if you are involved in a lawsuit as the plaintiff or defendant.

Florida State University Law Review goes into great detail with "The Illusion of Simplicity: An Explanation of Why the Law Can't Just Be Less Complex." The paper begins by citing the "sheer number of elements or components of a legal code or system, the number of assumptions underlying a legal rule, the number of proscriptions imposed upon legal actors, and the number of distinctions or exceptions embodied in a legal rule or code." It goes on to list additional elements that make the law and litigation so complex, including terminology unique to the law.

If you're a fan of TV shows like The Lincoln Lawyer, Suits, or Perry Mason, you probably understand some legal terms, such as complaint, damages, and motion. However, there are hundreds of terms unique to law and civil litigation that you may not be familiar with.

Less Well-Known Legal Terms You May Encounter if You're Involved in Civil Litigation.

Ad Litem – If someone is deemed incapable of representing themselves (i.e., a child or mentally incompetent person) in a lawsuit, an ad Litem – someone who represents the person in the lawsuit - may be appointed.
Amicus Curiae – This Latin word translates to "friend of the court" and refers to a person or group who is not a party to the lawsuit but has a strong interest in the matter.
Appellate Court – The Appellate Court is a higher state or federal court that hears and reviews appeals in cases that have been heard and ruled on in a lower court. There is no jury, just a committee of judges.
Case Management Conference (CMC) – A CMC is a meeting presided over by a judge between parties in a lawsuit that may include discussions to settle a case out of court. A CMC is usually required before a trial date will be set.
Declaratory Judgement – A declaratory judgment is a legally binding judgment issued by a court that outlines each party's legal rights and obligations, often, in a contract.
Prayer for Relief – Part of the plaintiff's complaint must state the damages or other remedies they seek. This is called the "prayer for relief."
Service of Process – Service of process is the delivery of legal documents - such as a complaint or summons – to the defendant or other relevant party. Typically, these documents are given directly to a person and not mailed.
Writ of Certiorari – If a case is appealed and goes from a lower court to an appellate court, a Writ of Certiorari may be issued for the transmission of records.

Bingaman Hess – Trusted Litigation Attorneys

These are only a few of many legal terms. The Litigation Attorneys at Bingaman Hess have spent years learning these terms and putting them to practice.

If you have a legal issue, the Litigation Attorneys at Bingaman Hess can help navigate and explain the legal terminology, nuances of the law, or and the legal process itself. Bingaman Hess can help!

Call us at 610.374.8377 or find us online .

What Residents Need to Know About the Pennsylvania Sunshine Act

Fri, 05 Apr 2024 15:55:53 GMT

The purpose of the PA Sunshine Act is relatively simple; however, the many nuances of the Act can be complicated. If you believe a government agency has violated the Sunshine Act, and you want to file a claim against them, the experienced Municipal Law Attorneys at Bingaman Hess can help determine if you have a valid case and help you navigate the process.

What is the PA Sunshine Act?

The primary purpose of the PA Sunshine Act is to prevent government agencies from making decisions without the knowledge of and input from the public. "The Sunshine Act requires agencies to deliberate and take official action on agency business in an open and public meeting ," the Office of Open Records (OOR) explains.

Let's break that definition down:

Agency is any state or local government body and sub-units appointed by that body to "perform an essential government function and exercises authority to take official action or render advice." This includes authorities, boards, councils, committees, and commissions.
Deliberate is any discussion of agency business for the purpose of making a decision.
Official Action includes the following:

Recommendations made by an agency according to statute, ordinance, or executive order.
The establishment of policy by an agency.
The decisions on agency business made by an agency.
The vote taken by any agency on any motion, proposal, resolution, rule, regulation, ordinance, report, or order.

Agency Business is "the framing, preparation, making or enactment of laws, policy or regulations, the creation of liability by contract or otherwise or the adjudication of rights, duties, and responsibilities."
Meeting is defined as "any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action."

An Agency's Responsibilities Under the PA Sunshine Act

Under the PA Sunshine Act, regarding meetings, agencies are required to do the following:

Give at least three days' notice before the first regularly scheduled meeting of the calendar or fiscal year and additional scheduled meetings for the remainder of the calendar or fiscal year.
Provide at least 24 hours’ notice of special or rescheduled public meetings.
The notice must include the meeting's date, time, and location.
The notice must be printed in a paid newspaper and posted at the meeting location.
Post the agenda for all regular and special public meetings at least 24 hours in advance, including all issues to be deliberated on and any planned official action. Only minor changes can be made after the agenda has been issued.
The agenda should be available at the agency's office, the meeting site, on any agency websites or social media platforms, and at the meeting.
Allow the public to attend meetings.
Allow reasonable opportunities for the public to comment on issues that are or may be before the board's decision. The agency can establish specific rules, such as limiting the time permitted to speak.
Allow the public to ask questions (the agency is not required to answer the question) during meetings.
Allow the public to record (video or audio) the meetings (agencies may institute rules regarding recording devices to avoid disruptions).
Take minutes that include the time, date, location, members present, information about all official actions taken during the meeting, how each individual voted, the names of all citizens who spoke, and a summary of their comments.

Exceptions to the PA Sunshine Act

There are some circumstances in which agencies can conduct closed meetings and are not required to allow the public access, such as conferences, specific working sessions, and Executive Sessions. The reason for an Executive Session must be announced in the public meeting before or immediately after the Executive Session, and no official action can be taken during the Executive Session.

The following are reasons an agency may hold an executive session:

To discuss personnel matters;
To hold an information, strategy, and negotiation session related to the negotiation of a collective bargaining agreement;
To consider the purchase or lease of real property;
To consult with an attorney about active or pending litigation;
To discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law;
To Discuss certain academic matters (this reason is limited explicitly to certain institutions of higher education) and
To discuss specific public safety issues if disclosure of the information discussed would be reasonably likely to jeopardize or threaten public safety, preparedness, or public protection.

What to do if an Agency Violates the PA Sunshine Act

You can object during the meeting if you think there is a violation. You can also file a complaint with the Commonwealth Court for state agencies. For local agencies, you can file a complaint with the Court of Common Pleas within thirty days of the meeting or within thirty days of discovering an infraction during a closed meeting. The burden of proof will be on you.

An agency member found to have willfully violated an act can face criminal charges and fines of $100 to $2,000, which must be paid personally (not by the agency). Sometimes, the court will also assess attorney fees to the plaintiff.

Trust Our Experienced Municipal Law Attorneys

The municipal law attorneys at Bingaman Hess represent many individuals and corporate clients with municipal transactions and various other municipal matters, including Sunshine Act violations.

If you have any questions or need help navigating the process, call us at 610.374.8377 or find us online .

Understanding the Mergers and Acquisitions (M&A) Process

Wed, 03 Apr 2024 21:58:46 GMT

Now and then, something truly transformative happens in the business world. It happened in 2014 when Facebook acquired WhatsApp. It happened in 2017 when Amazon acquired Whole Foods Market. And it happened in 2019 when Disney acquired 21st Century Fox. These are high profile examples of mergers and acquisitions (M&A).

In simple terms, M&A is a process that brings together two companies, leading to something newer and possibly greater. But how does it all work? We’ll explain the fundamentals.

A Step-by-Step Guide to Mergers and Acquisitions

The M&A process can be a complex and challenging one, but we have broken it down into four main steps to help you understand the process.

Step 1: Understanding the landscape

M&A can take various forms , including mergers, acquisitions, consolidations, tender offers, and others. Each one has its own nuances and regulatory steps that must be followed to ensure a successful result. Understanding the landscape is a crucial first step in the process.

Step 2: Due diligence

Due diligence is a vital early stage of the M&A process. It involves a comprehensive review of the target company’s financial, legal, operational, and cultural information. M&A law professionals are crucial during this step to help identify risks and set out negotiation strategies to help ensure a successful deal.

Step 3: Negotiation and structuring

Next comes the negotiation stage. From price considerations to post-closing arrangements, every detail matters. M&A lawyers will create agreements that are designed to protect your interests while helping to ensure a smooth transition once the deal is completed.

Step 4: Closing the deal

The M&A process ends with the finalization of legal documents, securing regulatory approvals and ultimately, the transfer of ownership.

Navigating common challenges during M&S transactions

Businesses can face any number of challenges during the M&A process. From cultural clashes to hurdles during the regulatory stages, these roadblocks have the potential to derail deals. As many as 90% of mergers and acquisitions fail , and some of the main reasons for this include a lack of planning and expertise. This is particularly true for small and mid-sized companies, who need help to dedicate the appropriate resources to M&A deals.

Hire an Experienced M&A Law Firm

One of the simplest ways to overcome these challenges is by hiring an experienced M&A law firm to help guide you through the process and provide sound legal advice. And this is where Bingaman Hess can help. Our experienced team is here to work with you to help you navigate the challenges and complexities of M&A so that you can achieve your goals.

With offices in Wyomissing, Kutztown, Harrisburg and Media, we are able to help clients across a range of counties to turn their business aspirations into reality.

Corporate Compliance Strategies & Legal Obligations

MJBoyer@bingamanhess.com (Mahlon Boyer) — Sat, 23 Mar 2024 22:00:00 GMT

Corporate compliance can be the difference between success and catastrophe. It is a key component of running any business, regardless of the industry in which you operate. By taking a proactive approach to compliance, you can ensure that your business is on the right side of the law — and help to prevent fines, lawsuits, and reputational harm, to name just a few of the potential consequences of non-compliance.

Corporate compliance can be broad in scope, and also varies from industry to industry, but broadly speaking, it is the act of ensuring that the business operates within applicable laws, regulations, and ethical practices. Businesses that enforce compliance throughout all facets of the organization, including internal and external procedures, are better equipped to prevent any potential violations of compliance which could cause irreparable damage to the business if they went undetected.

As corporate compliance law can be complicated, it is best to work with a corporate compliance lawyer to put a compliance framework in place. While there is an upfront cost, it is a sound investment that can contribute to the overall health, robustness, and stability of the organization.

Corporations Face Significant Legal Obligations and Regulations

Businesses in all industries are facing an increasing number of legal obligations and regulations. This is in part due to the fallout of the economic crisis of 2008 and the growing importance of consumer privacy, as well as just the ever-evolving nature of the business world.

The precise ins and outs of compliance varies from business to business, but there are some key areas that all corporations must prioritize. These include:

Keeping Records

This can include maintaining records of tax returns, articles of incorporation, and shareholder meeting minutes.

Annual Report Filings

Fulfilling all requirements and deadlines for filing reports and paying any relevant state fees.

Business License Records

This can include obtaining — and maintaining — any relevant local or state business licenses.

Corporate Expansion

State-related corporate movements, including operating in a new state or withdrawing from a state in which the corporation previously did business, may have their own legal requirements and regulations.

Tax Reporting

Providing accurate, timely tax reports and payments for any tax-related activities are the classic compliance factors. But keep in mind this is an evolving field, and each year brings its own challenges. In 2024, artificial intelligence, climate change & ESG, employee/employer relationships, and geopolitical pressure are increasingly under the spotlight.

These are just a snapshot of some of the primary focuses for compliance. Taking a proactive approach is essential regardless of the phase the business finds itself in; whether times are good or bad, having a clear compliance strategy can help to prevent future problems .

Effective Strategies for Developing and Implementing Robust Compliance Programs

Compliance does not happen on its own. While it is rarely top of a corporation’s agenda, it is essential that all businesses develop effective strategies to minimize exposure. Businesses that do so will have a solid framework that allows them to confidently operate across all jurisdictions, secure in the knowledge that they are in line with regulators while also maintaining sustainable growth.

There is no ‘one size fits all’ compliance program that all businesses can adopt. Each business’s compliance program should reflect the size and scope of the organization, the industry in which it operates, and the states and/or countries in which it conducts business.

Some common steps for developing and implementing robust compliance programs include:

Decide Your Goals

Every business will have different objectives for its compliance strategy. Businesses in quickly evolving industries may put together strategies that limit potential penalty risk. Businesses in high-risk industries may use compliance to identify potential problems, saving time and money further down the line. Identifying what you want to achieve is key.

Know the Regulation Field

A good compliance strategy does not just address existing regulations. It also positions the business to take future regulations in their stride. Having an up-to-date understanding of the regulation field will ensure you are always one step ahead.

Developing Formal Procedures and Policies

Once you understand the regulation field, you can put into place procedures and policies that directly address any existing or developing regulations. Most businesses go beyond this and include their own internal checks that can catch errors early.

Staff Training and Monitoring

Ensuring all staff members have a thorough understanding of the compliance program is key. Once it is in place, monitor its effectiveness and make adjustments if necessary.

Get In Contact With Bingaman Hess Attorneys at Law Today

If you need help putting together a corporate compliance program, the attorneys at Bingaman Hess are here to help. Our corporate law attorneys provide comprehensive corporate compliance services to businesses in the Pennsylvania area.

Understanding Corporate Governance

MJBoyer@bingamanhess.com (Mahlon Boyer) — Sat, 16 Mar 2024 22:00:00 GMT

Corporate governance refers to the set of policies and procedures that guide the way an organization is managed and controlled.

Without these systems in place, business owners may struggle to scale their companies and may also find it difficult to connect with investors. For example, a recent study from McKinsey found that “governance-related demands by investors around the world rose from just 27 in 2009 to around 1,400 in 2019”, with the numbers continuing to grow.

As such, corporate governance is something that business owners should take seriously to ensure both the longevity and stability of their companies.

What is corporate governance?

As outlined above, corporate governance refers to the policies, procedures and systems that are established to ensure a business is governed correctly. This can help to ensure that the best interests of all involved, including stakeholders, employees and customers, are protected and the proper ethical standards are maintained.

There are various government regulations in place which relate to the need for effective and ethical corporate governance, such as the Sarbanes Oxley Act , the Securities Act of 1933 and the Securities and Exchange Commission (SEC).

Why is corporate governance important?

Corporate business is important because:

● It ensures businesses are run strategically, effectively, and perhaps most importantly, ethically.

● It ensures that business owners comply with all local, state and government regulations, protecting the best interests of all parties and preventing fraudulent activity and misconduct.

● It establishes a sense of trust between business owners, stakeholders, and investors by encouraging transparency when making crucial decisions.

Beyond this, corporate governance is also critical to ensure that all industries and markets can function fairly and efficiently.

What are the consequences of poor corporate governance?

Business owners could face various consequences if corporate governance is not taken seriously.

It could significantly limit growth due to mismanagement. This, in turn, could lead to reputational damage that can dissuade potential investors, meaning that business owners are unable to gain access to the funds they need to develop.

Companies that do not take corporate governance seriously could also face serious legal ramifications. For example, regulatory bodies can impose fines on companies that do not properly disclose their actions and procedures or violate laws. In cases where poor corporate governance has left the door open to criminal activity, criminal charges can be filed.

Corporate Governance: Best Practices.

The key components of effective corporate governance structures are often called the “ four pillars of corporate governance. ”

● Accountability.

● Transparency.

● Responsibility.

● Fairness.

As such, those looking into the best practices for corporate governance must work to ensure that all business operations are built upon these pillars.

For example, both accountability and responsibility can be established by ensuring that everyone, from board members to stakeholders, has a clearly defined role within the company.

This encourages individuals to act or to hold themselves accountable, as it is clear precisely what they are responsible for. If these lines are blurred, individuals are more likely to make mistakes or to attempt to pass the blame onto another party instead.

Corporate transparency can be established by maintaining open communication channels with stakeholders, disclosing any necessary information or reports, and complying with all governmental regulations.

Both transparency and fairness can be established by working to ensure your business operates as ethically as possible. A clear code of ethics can ensure that all involved parties are aware of this.

Ready to improve upon your Corporate Governance Policy? Get in touch today!

While corporate governance is crucial in terms of both business success and longevity, many are simply unsure of where to begin. However, that’s where we can help.

At Bingham Hess , we have years of experience in providing business owners with the legal support and guidance they need. This ensures that corporate governance worries become a thing of the past, and you can rest easy knowing that your policies and procedures are up to current standards.

If you would like to find out more, please contact our Corporate Law experts today for feedback and advice regarding your current corporate governance strategy.

Eminent Domain and Condemnation

Sat, 09 Mar 2024 23:00:00 GMT

Eminent domain gives certain governmental bodies the power to seize private property; however, those powers have some limitations, and property owners have specified rights. An experienced Real Estate Attorney can help ensure that your rights are protected.

What is Eminent Domain and Condemnation?

Eminent domain is the government's (and sometimes other entities') right to seize private property to convert it into public use. Condemnation is the legal process used to obtain physical possession and legal title of a privately owned property for public use. For example, the government can seize privately owned properties to build a highway, school, prison, airport, or government facility.

In Pennsylvania (and some other states), "A public utility corporation shall, in addition to any other power of eminent domain conferred by any other statute, have the right to take, occupy and condemn property for [purposes] reasonably necessary or appropriate for the accomplishment of the principal purposes."

Sometimes, the condemnation only affects part of a property. For example, the government can seize a strip of land from multiple properties to widen a street. Condemnation can also be temporary. For example, the government may need temporary access to private property while building a government facility. In some states (including Pennsylvania ), blighted properties –abandoned, extremely dilapidated, considered a public nuisance, or dangerous to the public – can also be seized by eminent domain.

"Inverse condemnation is a remedy for property owners when a government takes or damages a property for public use without having brought an eminent domain proceeding," Cornell Law School explains. "To successfully bring an action for inverse condemnation, the property owner must show that the government's taking has failed to promote substantial governmental interests or has deprived the owner of the economic value of their property."

For example, if an action by the government pollutes a property owner's land or waterways or a shop owner loses their parking lot to condemnation, which negatively impacts their business, they can file for inverse condemnation.

Eminent Domain and Property Owners' Rights

Property owners are entitled to due process and appropriate compensation. However, a 2005 Supreme Court ruling in the Kelo vs. the City of New London case, which allowed a municipality to seize property to generate higher tax revenue, expanded the power of eminent domain.

"The Kelo decision marks the first time the Supreme Court permitted a local government to seize non-blighted properties in a non-blighted area for economic development," the Philadelphia Bar Association explains. Pennsylvania and many other states immediately looked for legislative solutions to limit the scope of this decision, strengthening the state's eminent domain laws and amending their state constitutions to prevent private parties from benefiting from eminent domain.

The " Taking Clause" in the Fifth Amendment of the U.S. Constitution states, "Nor shall private property be taken for public use, without compensation." Property owners are rarely successful in challenging the condemnation but typically have more success in challenging the amount of the compensation.

The compensation provided for the property being seized by eminent domain is typically based on the property's fair market value . Factors that determine the fair market value include the property's size, unique characteristics, location, zoning, accessibility, current and potential use, etc. Time, stress, emotional loss, and moving expenses are not typically factored in.

What Should You Do if You receive a Notice of Condemnation?

If you receive a notice of condemnation, you should first contact one of the experienced Real Estate attorneys at Bingaman Hess. We can help ensure you are treated fairly under the law and receive appropriate compensation.

Call today at 610.374.8377 or find us online .

Wills vs Trusts

Sat, 02 Mar 2024 23:00:00 GMT

Estate planning is important for everyone – young or old – who has any assets (a home, bank account, IRA, etc.) and wants to …

Determine who receives their assets when they have passed away
Designate who will make financial and medical decisions on their behalf
Specify what life-sustaining medical treatment they want if there is no realistic hope of recovering
Make it a little easier for grieving surviving family members when they die
Have peace of mind

Failing to do so can lead to unnecessary legal fees and unwanted negative consequences, such as a court deciding who will care for your minor children, your assets being distributed according to state law (rather than your own wishes), your beneficiaries paying higher taxes, and more.

Every estate plan is different based on your assets and your needs, but all should include at least a will , a durable power of attorney , and a healthcare power of attorney (living will). Most people are relatively familiar with these documents. However, another estate planning document – a trust – is not as familiar to most but may be suitable for some. A trust is similar to but not the same as a will.

What is a Will?

“A will, also known as a last will and testament, is a legally enforceable declaration of how a person wants their property and assets distributed after death,” Investopedia explains. “In a will, a person can also recommend a guardian for their minor children and make provisions for any surviving pets.”

Most wills go through the probate process, which can take several weeks to several years. “Probate is the court-supervised process of administering your estate and transferring your property at death pursuant to the terms of your will,” the American Bar Association (ABA) explains.

At present, only estates exceeding $12.92 million are subject to a federal estate tax. However, most beneficiaries other than spouses in Pennsylvania will pay an inheritance tax on many assets bequeathed to them in a will.

Wills are relatively simple, although it’s always best to consult an experienced estate attorney to ensure all of your individual needs are addressed and your will complies with state laws.

What is a Living Trust?

A living trust is a legal document that allows you to transfer ownership of your assets into a trust account and assign management of those assets to a trustee (an individual or entity) on behalf of your beneficiaries.

One of the most significant advantages of a living trust (over a will) is that it avoids probate, which means assets are available to your beneficiaries immediately based on your specifications.

There are two types of living trusts - revocable and irrevocable. A revocable living trust allows you to maintain control over the trust and make changes, such as adding or removing assets, changing beneficiaries, or revoking the trust. With a revocable trust, your beneficiaries will be subject to estate taxes.

An irrevocable living trust cannot be changed (unless all beneficiaries agree) or revoked, giving you significantly less control. However, an irrevocable living trust has several advantages:

Protects your assets from creditors
Minimizes estate taxes
Provides privacy because details of the trust are not public record

Which is Better – a Will or a Trust?

For many, a will, which is simpler and less expensive than a living trust, is sufficient. However, a living trust may be beneficial for someone with a more complex estate (multiple properties or sizeable assets) or who wants to avoid probate, minimize estate taxes, protect assets from creditors, or keep their information private.

A person can have both a will and a living trust.

Estate Planning and Trust Administration

Most people do not want to think about what will happen when they pass away, but it will happen to everyone sooner or later. Having an estate plan will make things a little easier for your family during an already difficult time and ensure that your wishes are followed if you were to become incapacitated.

Contact Our Estate Planning Attorneys to Learn More

One of the experienced Estate Planning Attorneys at Bingaman Hess can help determine what estate planning documents are suitable for your needs, minimize estate taxes, and more. Call today at 610.374.8377 or find us online .

Real Estate Asset Protection and Preservation Tips

Fri, 23 Feb 2024 15:39:05 GMT

Real estate – whether it’s the home you live in or rent to someone else - is an asset that an experienced Real Estate Attorney can help you protect. As of July 2023, 65.9% of Americans owned a home , and 10.6 million Americans (7.1%) earned income from rental properties.

These real estate assets need to be protected. The U.S. holds the top spot in the world for the largest number of lawsuits with 40 million lawsuits filed every year. In August 2021, approximately 64 million Americans (about 28%) had debt in collections on their credit report . Lawsuits and debt collectors can jeopardize your real estate assets. You should take precautions to protect them.

What is Real Estate Asset Protection and Preservation?

Real estate asset protection is a mixture of different strategies designed to help protect your real estate and other business and personal assets from lawsuit judgments and creditors. For example, if someone is injured on your rental property and wins a lawsuit against you, you could lose your rental property (and more) if you don’t have proper real estate asset protection.

Protection strategies involve preventing adverse incidents (like an injury), reducing the financial impact of adverse incidents, and transferring the financial risk of damaging incidents. The proper real estate asset protection helps minimize the impact of the lawsuit and helps keep your personal and business assets separate so you don’t lose everything.

Real estate asset preservation is often used interchangeably with asset protection, but it is different. Real estate asset preservation is a mixture of strategies designed to minimize taxes and other factors that impact your real estate’s value.

Real Estate Asset Protection and Preservation Tips

Avoid Risk

Preventing something bad from happening is almost always better than dealing with the consequences. You can take several steps to avoid risk, such as keeping your property well-maintained, working only with trusted and insured vendors, paying bills promptly, taking security measures (i.e., cameras, alarms, etc.), thoroughly screening tenants, drafting comprehensive rental agreements, etc.

Insurance

Rental properties need to be properly insured. Not only should the property be protected from a loss such as fire, there should be liability insurance with sufficient limits to cover claims like a slip and fall.

File as a corporate entity

Forming a corporate entity, such as a Limited Liability Company (LLC), helps protect your personal assets from lawsuits and creditors related to the business. A corporate entity establishes your business as a separate legal entity to shield your personal assets.

Create a Property Trust

“A property trust is a legal entity that allows property to be passed from the person who created the trust (the grantor) to the person they want to inherit their property (the beneficiary). A trustee oversees the trust and manages the assets in the trust on behalf of the beneficiary, according to the grantor’s instructions,” Rocket Mortgage explains. “The main benefit of putting your house in a trust is to bypass probate when you pass away.”

Holding a property in trust can also provide privacy. Because it’s held in a trust, it may be harder for a creditor to find out who owns the property. It may also help protect your real estate assets.

Equity Stripping

“Equity stripping – the process of reducing the equity value of a real estate asset – is one of the oldest asset-protection strategies. Essentially, it entails encumbering a property with debt to such an extent that there is little or no equity for creditors to acquire,” Investopedia explains. “By giving another party a claim against the property, owners retain control over the cash flows and use of the asset while making the property unattractive to those trying to perfect any type of legal judgment.” Equity stripping strategies include a home equity line of credit or a second mortgage.

Estate Planning

Estate planning – wills, trusts, etc. – helps protect you and your family by preserving, managing, and transferring wealth, and tax planning strategies within an estate plan help maximize the value of your estate.

Contact the Experienced Real Estate and Estate Planning Attorneys

The experienced team of real estate and estate planning attorneys at Bingaman Hess can help you with various real estate issues, such as lease agreements, real estate litigation, and real estate asset protection and preservation.

Start protecting your assets today: call the law firm of Bingaman Hess at 610.374.8377 or find us online .

Cause of Action and Civil Litigation

Fri, 09 Feb 2024 15:26:36 GMT

In a Civil Litigation complaint, more than one cause of action may be included. A cause of action is a “set of predefined factual elements that allow for a legal remedy,” Cornell Law School explains.

In layman’s terms, a cause of action is the reason the person filing the claim (the plaintiff) believes they are entitled to compensation (often money) or another form of relief from someone else (the defendant).

A plaintiff needs to ensure that all causes of action are included in the filed complaint. The burden of proof is on the plaintiff. The plaintiff needs to prove each element of the cause of action that is filed.

A cause of action can be based on or defined by one of the following:

Statute:
“A statute is a law enacted by a legislature,” Cornell Law School explains. “Statutes are also called acts, such as the Civil Rights Act of 1964 or the Sarbanes-Oxley Act.” Federal and state laws sometimes define a specific cause of action. For example, mechanic’s liens can be filed when a contractor is not paid. The process to file the lien is defined by statute.
Judicial precedent:
“Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts or similar legal issues,” Cornell Law School explains. “Some judges have stated that precedent ensures that individuals in similar situations are treated alike instead of based on a particular judge’s personal views.” Sometimes, a judicial precedent can be used as a cause of action.
Administration Regulation:
A cause of action can also come from a regulation. “A Regulation is an official rule. In the Government, certain administrative agencies have a narrow authority to control conduct within their areas of responsibility,” Cornell Law School explains. “These agencies have been delegated legislative power to create and apply the rules, or ‘regulations.’” Sometimes, regulation violations can be the basis for a cause of action.

Examples of causes of action:

Breach of Contract:
A violation of a term or condition of a contract, such as failure to deliver promised services or goods, failure to complete a job, failure to make a payment, etc.
Fraud:
Intentionally deceiving someone to deprive them of their legal rights or to secure unfair or unlawful gain. For example, someone selling something they know is faulty (a car, boat, etc.) to someone else without disclosing that information.
Tort (Negligence, Assault, or Intentional Harm):
The most common type of tort, negligence, is basically carelessness. It is doing or not doing what a reasonable person would typically do under the circumstances that cause harm to someone else. Examples include car accidents, slips and falls, and medical malpractice.
Defamation:
Making false statements – written (libel) or spoken (slander) - that injure a person’s reputation.

Bingaman Hess Litigation Attorneys Save Time and Money

Whether you are the plaintiff or defendant, the litigation attorneys at Bingaman Hess have the knowledge and experience to achieve the best outcome for you as swiftly as possible. Call today at 610.374.8377 or find us online .

Understanding Real Estate Titles

Fri, 19 Jan 2024 17:36:49 GMT

If you are purchasing a property, it is crucial that you understand real estate titles – from what they are, to the different types of titles – and an experienced Real Estate Attorney can help ensure you get the best title for your needs.

What is a Title?

“A title is a document that shows legal ownership of a property or asset,” Investopedia explains. “A title can represent ownership of a real asset such as a car or an intangible property or asset such as a trademark.”

Types of Real Estate Titles

How your home or other real estate is titled may have legal ramifications, from how the property can be sold or taken by debt collectors to how your estate manages the property after your death. There are several types of real estate titles, each with pros and cons.

The type of real estate title you choose can affect taxing, financing, collateralization (using an asset as collateral to secure a loan), and transferring or selling the property. Determining which title is best for your needs depends on your personal and financial circumstances and how you want ownership of the property to pass if you sell the property, get a divorce or die.

Here are five of the most common types of real estate titles:

Joint Tenancy with Right of Survivorship – With a joint tenancy, two or more people (called tenants) hold the title equally. The tenants do not have to be married or related in any way. Responsibility for the property, how it is used, and the financial burden is shared equally by all tenants. With a right of survivorship, if one person dies, ownership automatically passes to the surviving tenant or tenants.
Tenancy in Common – With a tenancy in common, two or more people hold the title jointly. However, the percentage of ownership can vary. For example, one person may own 30% of the property while the other one owns 70%. The property can be shared equally but the financial ownership is different. Each tenant can sell their interest or pass it on to whomever they want upon their death. If a person does not have a will, their share of the property is distributed based on applicable law. This type of ownership may be used when a group wants to purchase a property or for married couples who do not want the property to automatically pass to the surviving spouse upon death.
Tenants by Entirety – Tenants by entirety is permitted for legally married couples in certain states, including Pennsylvania. This type of ownership looks at the couple as one individual owning the property. Ownership automatically transfers to a spouse upon the death of the other one. Creditors of one spouse may not seek to execute against property owned by both spouses as a joint tenancy by entirety.
Sole Ownership – One person owns the property. This ownership is typical for someone living alone or an individual who purchases a property as an investment.
Corporate or Trust Ownership - Real estate also can be owned by a trust or a corporate entity.

Titles vs. Deeds

The terms title and deed are often used interchangeably but they differ. A deed is written proof that someone owns a property, and it is used to transfer ownership of a property from the current owner (the grantor or seller) to a new owner (the grantee or buyer). It is used to show evidence of a transfer of ownership and the buyer’s right to sell the property to someone else.

“The title is the concept of legal ownership that the deed grants you,” Experian states. A deed is a physical piece of paper, whereas a title is a “concept.” The title gives you the right to use or modify the property.

What is a Title Search?

When a property is sold, a title search is normally performed to ensure that the seller is the legal owner and to confirm if there are liens against the property. A title company normally conducts a title search, which involves examining public records to disclose any potential legal or financial issues with the property, such as outstanding property taxes, undisclosed easements, and outstanding lawsuits or liens against the property.

We Can Help You Avoid Costly Real Estate Mistakes

Purchasing property is a considerable investment, and there are many components to any real estate transaction, including statutory and regulatory requirements. Choosing the best title for your needs can be difficult if you are not familiar with real estate law.

One of the experienced and knowledgeable real estate attorneys at Bingaman Hess can be key to any successful real estate transaction. Call the law firm of Bingaman Hess at 610.374.8377 or find us online .

Breach of Contract and Civil Litigation

Fri, 05 Jan 2024 17:27:37 GMT

A Civil Litigation Attorney can assist you with a breach of contract, which is one form of civil litigation law.

What is a Breach of Contract?

A breach of contract occurs when someone breaks the terms of a binding contract, which can be written or oral. Missed payments and failure to deliver are typical examples of a breach of contract. For example, if you sign a lease that states you are to pay $1,000 in rent on the first of each month but fail to do so, that is a breach of contract. Or, if you pay a contractor to remodel your kitchen, but they do not finish the work, that is a breach of contract.

Sometimes, the remedy for a breach of contract is written in the original contract. For example, the contract may state a $50 fee if a payment is late or there may be a default interest rate that has to be paid.

A breach of contract is not considered a crime or tort law , and unlike some civil litigation, punitive damages (extra monetary compensation) are normally not awarded. Instead, contract law aims to return the plaintiff (the person who files the lawsuit) to their economic position before the breach occurred or to provide them with the benefit of the bargain they made.

There are different types of contract breaches, such as the following:

Minor breaches (partial breach or immaterial breach)) – One party meets most of their obligations stated in the contract but not a minor condition.
Material breaches – One party receives significantly less benefit or results than was specified in the contract.
Actual breaches – One party refuses to fulfill their obligation as stated in the contract.
Anticipatory breaches – One party announces in advance that they do not intend to fulfill their obligations as stated in the contract.

How to Resolve a Breach of Contract

Not every contract breach needs to go to court. Resolution of the breach by one-on-one discussions can sometimes resolve the matter. However, if that does not work, there may be other options:

Mediation – “Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute,” the American Bar Association (ABA) explains. “The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute.”
Arbitration – “Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments,” the ABA explains. “Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.”

Another option is to file a lawsuit in the Magisterial District Court (often known as “small claims court”) or the court of common pleas.

Defenses in a Breach of Contract Claim

A defendant (the person being sued) may sometimes have a legitimate defense.

Repudiation – The plaintiff (the person suing) has indicated through words or actions that they do not intend to perform their obligations in the contract.
Revocation – the defendant revoked the contract before it was accepted.
Duress – The defendant was coerced into signing the contract.
Modification – The defendant was following the obligations in a modified contract.
Illegality – The terms of the contract were illegal.
Fraud – Information in the contract was false or misleading,
Lack of a Contract – Not all elements of the contract are proven by the plaintiff.
Unconscionable Contract – The contract is “so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law.”

7 Tips to Avoid a Breach of Contract

Not all contract breaches are avoidable, but there are steps you can take to minimize the risk of a contract breach or give you a stronger position if there is a lawsuit:

Check the contract for clarity and expectations before signing it.
Be careful and selective with people or businesses that you work with.
Document everything, including contracts, contract revisions, text messages, phone conversations, etc., regarding any binding contract.
Pay your debts on time.
Communicate – Good communication is the key to many disputes. Plus, the better your relationship with the person or business, the less likely a lawsuit may occur.
Keep your word.
Do your best to keep disputes civil.

Save Time and Money in a Breach of Contract

To achieve a successful outcome, litigation requires extensive knowledge of the law, the court system, and an often complex litigation process. Bingaman Hess’s Litigation Attorneys’ goal is to successfully resolve legal disputes as efficiently as possible. Through our negotiation skills and experience, we try to resolve disputes out of court, saving you time and money.

If you need an attorney, call the law firm of Bingaman Hess at 610.374.8377 or find us online . Our experienced litigation attorneys will review your legal issues and recommend your best strategy.

What PA Residents Need to Know About the Right-to-Know Law

Thu, 21 Dec 2023 17:30:00 GMT

The Municipal Law Attorneys at Bingaman Hess offer a full range of legal services, including issues with the Right-to-Know Law.

The Pennsylvania Right-to-Know Law (RTKL) is meant to guarantee that the public has access to public records of government agencies in Pennsylvania. For example, if you want to know how much your municipality paid for snow removal, see the minutes from a recent public meeting, or read emails relating to a township's business, the RTKL provides a process to request the information and helps ensure the information is given to you.

Government Agencies Under the RTKL

Agencies subject to the RTKL include but are not limited to:

Commonwealth Agencies, such as the Governor, the Attorney General, and the Auditor General
Local Agencies, such as regional or municipal authorities, councils, or boards
Legislative Agencies, such as the Senate and the House of Representatives

Records Under the RTKL

The Office of Open Records (OOR) defines a record as "any information regardless of its physical form or character that documents a transaction or activity of an agency AND is created, received, or retained pursuant to law OR in connection with a transaction, business or activity of an agency."

These records could be in multiple forms including emails, text messages, letters, maps, photographs or recordings.

Exceptions to the RTKL

To protect certain information, the RTKL contains exceptions – records that an agency can withhold under certain circumstances.

Some of those exceptions include the following:

Social Security numbers
Personal financial or medical information
Identity of confidential informants
Minor's name, home address, and date of birth
DNA and RNA records
Library circulation information

Before 2009, the burden of proof was on the person requesting the record. They had to establish why a record should be made public. The current RTKL puts the burden of proof on the agency. They have to prove why they are entitled to withhold any record.

How to File an RTKL Request

Here is the process to request a record from an agency:

Determine which agency to ask or which agency is most likely to have the records you are interested in. The OOR provides a list of commonly misdirected requests to help you determine the right agency.
Find the Agency Open Records Officer (AORO) . Every agency is required to appoint one person to address all RTKL requests. You can find that information here .
Prepare and submit the request. The OOR has a standard request form that all agencies are required to accept. Your request can be emailed, faxed, sent by USPS, or delivered in person. Make your request as specific as possible, and always retain a copy of all requests and correspondence.

The agency has five business days to respond in writing. The agency may grant or deny the request or invoke a 30 calendar day extension (available under certain circumstances).

If an agency denies your request or does not respond in the required time, the request is considered denied, or the agency may provide a document with redacted information. Redactions are considered denials, which can be appealed.

How to File an Appeal

If an agency refuses your request or fails to respond within the required timeframe, you can file an appeal with the OOR (unless it is the Attorney General, Auditor General, or Treasurer, which has its own appeals officer). The appeal must be submitted within 15 business days of the mailing date of the agency's response through the OOR's online appeal form .

There is an OOR Mediation Program – an informal mediation program designed to resolve RTKL disputes – which can save time and money. It is a voluntary process intended to help parties reach a mutually agreeable resolution on records disputes.

The appeals officer has 30 days to issue their final determination, which is binding. If you disagree with the decision, you may file an appeal with the appropriate court.

How Can a Municipal Law Attorney Help?

Bingaman Hess's Municipal Law Attorneys offer a full range of legal services, including issues surrounding the Right-to-Know Laws. We can answer questions, help you through the process from the initial request to any appeals, and represent you if the appeal goes to court.

Give us a call at 610.374.8377 or find us online .

How to Handle Boundary Disputes

MJBoyer@bingamanhess.com (Mahlon Boyer) — Thu, 14 Dec 2023 17:15:00 GMT

If you are facing a property line dispute with a neighbor, an experienced Real Estate Attorney can provide guidance to help you. A property line dispute may occur when neighbors disagree on the boundaries of their properties. This can sometimes be resolved with a formal survey of the properties.

Disputes can also occur when deed descriptions are inaccurate or multiple deeds with conflicting information exist. This sometimes happens with easements and the use of a driveway over someone’s property to gain access to another property.

Examples of Potential Boundary Disputes

Here are a few examples of scenarios that may cause a boundary dispute:

You want to replace a fence, but your neighbor discovers that the original fence is on their property.
You discover that your neighbor's driveway goes onto your property a few inches or feet.
You begin building a shed, but your neighbor tells you some of the area you are building it on is their property.
Crossing your neighbor's lot is the only way to access your property.

Terms to Know

Encroachments – "The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise," Investopedia explains.
Trespassing – Trespassing occurs when someone travels onto your property without your permission.
Easements – "An easement on a real estate property is a grant that provides an individual or company legal access to a property for a specific purpose," Rocket Homes explains. "For example, a utility company may be granted an easement on your property to access and maintain water lines, or you might obtain a private easement to cross a neighbor's property line to get to your own."
Adverse Possession – Adverse possession occurs when someone gains ownership over time via an open and notorious use of someone’s property or a part of the property.

How to Handle a Boundary Dispute

Sometimes, boundary disputes are not worth arguing over. The cost, frustration, and friction between neighbors may not be worth disputing a few inches. However, if your neighbor tells you that the new addition you built is encroaching on their property and you must remove it, you will likely need to address the issue.

Having all the facts to help guide your decisions is always good. With a boundary dispute, you can do this by having a survey to determine land boundaries, an appraisal to determine the market value of the property in dispute, and a complete title search (search of all recorded documents relevant to your property title).

To minimize cost and animosity, it may be possible to resolve the issue through conversations – in person, by phone, by mail, or by email – with your neighbor. It is often a good idea to consult with a real estate attorney before the conversation with your neighbor to confirm your rights and the applicable law.

If the issue cannot be resolved through private conversations, your attorney might send a demand letter. The demand letter explains the situation and asks for some form of action or an offer of a settlement, which could include dividing property, modifying boundary lines or monetary compensation.

If private discussions and the demand letter do not resolve the boundary dispute, litigation may be necessary.

Hire a Real Estate Attorney

If you are involved in a boundary dispute, one of the experienced Real Estate attorneys at Bingaman Hess can help you navigate the law – answer your questions, let you know the strength of your position and represent you if the dispute goes to court.

Give us a call at 610.374.8377 or find us online .

How to Prepare for a Civil Litigation Lawsuit

Thu, 30 Nov 2023 16:27:36 GMT

Litigation is not always avoidable. The best way to achieve your goal in a civil litigation lawsuit is to hire an experienced Civil Litigation Attorney . Litigation can be a long and complicated process, and whether you are a plaintiff or a defendant, having some knowledge of the basic process is important.

What is Civil Litigation?

Often, civil litigation involves a legal dispute between two or more parties (individuals, businesses, or other entities) in which the plaintiff seeks monetary compensation (known as damages) or a specific action from the defendant.

Many types of disputes can lead to civil litigation, for example:

Product Liability
Construction liability
Medical malpractice
Personal injury
Real estate disputes
Intellectual property disputes
Anti-trust litigation
Landlord/Tenant disputes
Breach of Contract

What is the Civil Litigation Process?

Every civil suit is unique, but most follow the same process:

The plaintiff files a complaint with the court against the defendant. The complaint is a written document that includes the plaintiff's legal claims and what they want from the defendant.
The complaint is served upon the defendant, who is given a certain amount of time to respond to the complaint. The defendant should respond to each allegation and is permitted to make a counterclaim against the plaintiff if applicable.
During the discovery process , the attorneys process and exchange information related to the case.
The judge may order the parties to attend a settlement conference , or a party can request a settlement conference. The purpose of this conference is to try to resolve the case before it goes to trial. Because a trial can be lengthy and costly, settling out of court often benefits everyone involved.
The judge may also order one or more pretrial conferences to ensure that both parties adequately prepare for the trial so that it can proceed as efficiently as possible. During these pretrial conferences, the judge may try to simplify the issues, eliminate some of the claims or defenses, limit the time allowed for the trial, discuss if the dispute can be resolved without a trial, etc.
The judge may also order the parties to file a written trial memorandum . The memorandum often outlines the facts of the case and list defenses, witnesses, exhibits, and more.
During the trial , which can be heard by a judge (a bench trial) or a jury, each party has the opportunity to present their case. Once all of the evidence has been presented, the judge or jury delivers their findings with a verdict.
If a party is dissatisfied with a final ruling, when warranted, they can file an appeal and request that an appellate court review the decision of the trial court or jury. Each party presents their arguments to the appellate court by submitting briefs and a record of evidence from the trial court. If the appellate court does not find an error in the trial court proceedings, it will affirm the verdict. If it does find an error, the appellate court can order a new trial or take other steps.

Experienced Civil Litigation Attorneys You Can Trust

To achieve a successful outcome, litigation requires extensive knowledge of the law, the court system, an often-complex litigation process, and skillful planning. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will thoroughly analyze your situation, provide knowledgeable guidance, and offer all available options to help achieve your desired outcome.

What is a Healthcare Power of Attorney (“Living Will”)?

Thu, 16 Nov 2023 16:35:11 GMT

When people think of Estate Planning , they may think of a will detailing where they want their assets and property to go when they die. However, depending on the individual's circumstances, an estate plan can include several additional documents such as a durable power of attorney or healthcare power of attorney. It is often recommended that an individual include a healthcare power of attorney in their estate plan.

What is a Healthcare Power of Attorney?

A healthcare power of attorney is a legal document that names agents and clearly states what an individual wants should they face an end-stage medical condition. A healthcare power of attorney can help ensure that your medical care preferences are followed.

Only 45% of Americans have a healthcare power of attorney, according to a Gallup poll . Many people wait until they are older to draft one, but you can become incapacitated at any age. If you don't have a healthcare power of attorney and become incapacitated, decisions regarding your healthcare needs may fall to your closest family member, who will need to make some difficult decisions during a very emotional time. If you create a healthcare power of attorney while you are healthy, you can take your time and calmly think about what type of medical care you would prefer if you can no longer speak for yourself. A healthcare power of attorney helps ensure your wishes are followed, providing peace of mind.

Tips for Drafting a healthcare power of attorney

When drafting a healthcare power of attorney, you should consider any possible health issues you might potentially experience, which is where an estate planning attorney can help. Some considerations include:

Talk with family members and close friends to help you make those tough decisions, and so they are aware of your preferences should there come a time when you can no longer make decisions for yourself.
Decide on an agent – someone who can make healthcare decisions on your behalf.
Hire an experienced estate planning attorney to draft your living will to ensure it is clearly written and does not leave anything open for interpretation.
Ensure the proper individuals (such as your primary care physician, your immediate family, etc.) have a copy of your healthcare power of attorney to help ensure that your wishes are followed.

Need an Experienced Estate Planning Attorney?

If you do not create your estate plan today, tomorrow may be too late. Considering preparation now while you can make those important decisions to protect your family and yourself. If you are looking for an estate planning lawyer who will efficiently and effectively provide estate planning and trust services, look no further than the estate planning attorneys at Bingaman Hess.

Landlord-Tenant Dispute Resolution

Thu, 19 Oct 2023 19:08:04 GMT

Renting property can be a great investment. However, becoming a landlord also comes with some challenges, including landlord-tenant disputes that may include disagreements over specific lease terms or a failure to pay rent.

It is always best to attempt the resolution of a dispute with open communications. When that does not work, an experienced Real Estate attorney can help.

Steps Landlords Should Take Regarding Landlord-Tenant Disputes:

Take steps to minimize the risk of a landlord-tenant dispute (see below).
If a dispute does arise, try to work it out directly with the tenant.
If the dispute cannot be resolved, contact an experienced real estate attorney to discuss alternatives (see below).

5 Common Landlord-Tenant Disputes

Nonpayment of Rent:
This is a common landlord-tenant dispute. Examples include the tenant failing to pay the rent, constantly being late on rent, writing bad checks, or refusing to pay rent until repairs are made.
Security Deposits:
Most tenants are required to pay a security deposit before renting a property. When the tenant moves out, subject to applicable law, the landlord can sometimes keep all or part of the security deposit to cover certain items like the cost of repairs for damage to the property that the tenant caused. Repairs for wear and tear are not included. An itemization to the tenant for money taken from the security deposit is required.
Property Damages:
Landlords and tenants may not agree on what is considered regular wear and tear on a property and what is considered property damage.
Pets:
Some landlords do not allow pets. A dispute may arise if the tenant has pets despite a lease that prevents them.
Tenants Breaking the Lease:
Most leases include a specific term. Disputes may arise if a tenant leaves before the end of the lease term.

Tips to Minimize the Risk of a Landlord-Tenant Dispute

The best landlord-tenant dispute is the one that never occurs. These disputes cost landlords time and money and can create a lot of stress. It is always best to do whatever you can to minimize the risk of a dispute. Thankfully, there are many steps landlords can take.

Understand your legal rights and responsibilities .
Screen your tenants (credit reports, criminal background checks, etc.)
Have a thorough, well-written lease agreement.
State your expectations clearly and review the lease with the tenant before they move in.
Address issues immediately
Document and keep detailed records regarding any issues with the property or tenant
Maintain communication

What to Do If a Landlord-Tenant Dispute Cannot be Resolved

Unfortunately, sometimes, a landlord and a tenant cannot resolve a dispute independently and need some outside assistance. An experienced real estate attorney can offer you some options. Sometimes, the attorney can act as a mediator to resolve a dispute between a tenant and a landlord.

Some landlord-tenant disputes have to be resolved in magisterial district court (often referred to as “small claims court”). In Pennsylvania, “small claims cases” are decided by Magisterial District Judges and involve claims of $12,000 or less. Magisterial District Courts offer a more streamlined approach to resolving cases but judgments entered in favor of a party are binding unless appealed to the court of common pleas.

How to Acquire an Experienced Real Estate Attorney

The local real estate attorneys at Bingaman Hess can help mediate and resolve residential and commercial rental property disputes, saving you time and money on litigation. When litigation is required, we will vigorously represent you in court. The best advice is a well-written up-to-date lease agreement, which the real estate attorneys at Bingaman Hess can help you with.

Call our real estate attorneys today at 610.374.8377 or find us online .

Civil Litigation and the Magisterial District Court (“Small Claims Court”)

Thu, 05 Oct 2023 19:16:54 GMT

There are different courts that can hear your civil litigation case in Pennsylvania. An experienced Civil Litigation Attorney can guide you to your best option.

Magisterial District Court (often known as “small claims court”) is the quickest and often least expensive option for applicable cases. Claims under $12,000 can be decided by Magisterial District Judges.

Small claims courts may hear civil cases, such as the following:

Breach of contract disputes
Collection on debts or loan repayments
Property damage claims
Landlord-tenant matters

PA Small Claims Court Process

Often, in civil cases, and before filing a claim, you should consider whether you will get paid if you obtain a judgment. It is sometimes necessary to determine if the defendant (person or entity being sued) is judgment-proof , which usually means they do not have a means of paying you. If they are deemed judgment-proof, taking them to court may be a waste of time and resources. Also, it is always necessary to ensure that you are filing your case within the statute of limitations period, which is typically two to four years in Pennsylvania, depending on the claim you are making. Consulting with an attorney regarding this issue is advised.

The next step is determining where to file the claim. Every Pennsylvania county (except Philadelphia) is divided into districts, and each district has a Magisterial District Judge . Factors that are considered when choosing which court to file in include but are not limited to where the defendant lives or does business and where the cause of the claim arose.

To file a case, it is necessary to file a complaint. The complaint requires you to identify your name and address, the name and address of the individual or business being sued, details of the claim (date, reason, etc.), and the amount you are seeking. You will also need to pay a filing fee and a fee for serving the complaint on the defendant which can be accomplished by certified mail or constable service. If you win the case, the defendant is required to pay the court costs back to you. The Magisterial District Judge will determine the hearing date.

Once a hearing is scheduled, it is necessary to prepare for it. There are multiple ways to prepare including the creation of a compelling statement that supports your complaint, gathering documents and evidence, finding witnesses, and determining how to present your evidence. You may win by default if the defendant does not appear for the hearing.

At the hearing, the parties will present their claims and defenses. Speaking before a judge can be intimidating, but you can hire an attorney to speak on your behalf. Both sides will also have the opportunity to question each other. After everyone has presented their case, the Magisterial District Judge will issue a decision immediately or within five days of the hearing.

What you do after the hearing depends on the Judge's decision and what the defendant does. Whichever party loses can appeal to the court of common pleas within thirty days of the Judge's decision. If that happens, the case will start all over again as if the first hearing never happened. If you win the case, and there is no appeal, it is up to you to collect the judgment. It may be necessary to execute on the judgment, which may include a personal property execution or, in limited circumstances, a wage garnishment.

How Can a Litigation Attorney Help?

You are not required to have an attorney in small claims court (or any court). However, an experienced civil litigation attorney can protect your interests. We can advise you of your best options, walk you through the process, and represent you in court.

If you need an attorney, you can call the law firm of Bingaman Hess at 610.374.8377 or find us online . Our experienced litigation attorneys will review your legal issues and recommend your best strategy.

4 Notable Points About Zoning Laws

Fri, 29 Sep 2023 17:06:53 GMT

Zoning laws in Pennsylvania can be complicated; however, the experienced Zoning Attorneys at Bingaman Hess can provide legal counsel regarding zoning and land use ordinances and help resolve zoning issues.

What Are Zoning Ordinances?

Generally, zoning ordinances are created by municipalities to control the developmental and operational use of land within that municipality. Zoning ordinances govern how land can be used – residential, industrial, commercial, agricultural, historic, etc.

According to Pennsylvania law , zoning ordinances may be designed to accomplish specific goals including but not limited to:

Promote, protect and facilitate public health and safety
Preserve the natural, scenic, and historical values in the environment and the preservation of forests, wetlands, aquifers, and floodplains
Prevent overcrowding, blight, danger and traffic congestion
Preserve prime agriculture and farmland
Accommodate reasonable overall community growth, including population and employment growth, and opportunities for the development of a variety of residential dwelling types and nonresidential uses

Individuals, businesses, and other entities must adhere to local zoning ordinances or citations may be issued against them. It is always best to consult an experienced zoning attorney before starting any major building project, renovation, etc.

4 Notable Points About Zoning Laws

Nonconforming Use
A nonconforming use often refers to an exemption for an existing property. That property is not required to abide by newly enacted zoning laws, Cornell Law School explains. A nonconforming use comes with limitations. Often, a nonconforming property may not expand its nonconforming use in any way or change the property use at all unless it conforms with new zoning regulations. In some circumstances, the nonconforming use may only be granted for a limited amount of time, setting a deadline for the property to meet the new requirements.
Zoning Changes
A municipality can change its zoning ordinances, which can affect land use, property values, and the environment. A dispute may occur if a property owner disagrees with the proposed changes or how the changes are implemented.
Variances
A variance allows a property owner to deviate from an existing zoning requirement. A variance can be difficult to obtain depending on the circumstances. Variance requests are heard by a zoning hearing board upon application of the property owner. An example of a use variance is a coffee shop, a commercial use, located on a residential property. Neighboring property owners are notified about variance requests and they can oppose them.
Violation of Setback Ordinance
A setback is a minimum distance that a building or structure can be built from a property line, street, road, or other place as determined by a municipality. There are both aesthetic and functional benefits to setback ordinances. A violation occurs when a property owner builds a structure within that minimum distance. Unless relief is granted, a property owner may be required to move or reconfigure the structure, which can be costly.

Choosing the Right Zoning Law Attorney

If you need to file a zoning appeal or need to challenge an issued citation, the municipal attorneys at Bingaman Hess can help. They have extensive experience in many complex municipal and zoning laws and regulations and can provide a full range of municipal legal services. The municipal law attorneys at Bingaman Hess can provide ongoing legal counsel or help with a specific legal issue.

Call our municipal attorneys today at 610.374.8377 or find us online .

Should I Create a Will Online?

Fri, 15 Sep 2023 16:59:24 GMT

You may be debating whether to create a will online on your own or to get professional help from an experienced estate planning attorney .

Adults of any age will benefit both themselves and their planned beneficiaries by putting their wishes in writing. Unfortunately, “67% of Americans have no estate plan,” according to CNBC . “That means that 67% are leaving what happens to them and their assets in case of disability or death up to others, including the state.” The most common reason given by the 67% of Americans without an estate plan is that they “haven’t gotten around to it.”

Having an estate plan is both essential and necessary. Should you create an estate plan on your own online or consult with an experienced estate planning attorney? The small advantage of creating a will online is a possible lowered cost, but that is where the benefit ends, and doing so may create increased costs later.

3 Reasons Not to Create a Will Online

Not Customized to Your Legal Needs
Those that create a will online, basically fill in blanks on a standardized form with no direction or understanding of the applicable laws. These standardized forms do not address any unique needs that individuals may have.

An experienced estate attorney will ask questions about topics that many people would not have otherwise considered and will discuss possible scenarios to ensure that an individual’s wishes are clearly stated, that their assets are fully protected, and that the administration of their estate will go smoothly.

May Not Comply With State Laws
Probate laws and procedures vary by state, and you may not understand the applicable laws including, Pennsylvania’s Probate, Estates and Fiduciaries Code . Every word and detail in an estate plan is essential to ensure the proper execution of your estate, and one mistake can cause major issues for the beneficiaries of your estate. Furthermore, the forms you create online must be executed, witnessed, and notarized properly, or they may be invalid.

No Ongoing Relationship
What if you have a question, your circumstances change, or you want to make a change to your will? What if your family has an issue with your will after you have passed? With an experienced estate planning attorney, you have an ongoing relationship and can speak to someone with questions or problems as they arise. A website cannot provide this unique level of service.

Should you create a will online? The answer is no. Creating a will online can lead to more costly problems and stress for you or – more likely - your family down the road, negating any savings of money or time you may see by preparing a will online.

Qualified Estate Planning Attorneys

There are many facets of estate planning that need to be considered. Bingaman Hess’s estate planning attorneys listen to your unique goals and concerns, thoroughly review your situation, and provide a customized strategy for you. They can provide advice and offer assistance with wills, durable powers of attorney, legal guardianships, , will and trust disputes, estate administration and more.

Contact Us for Help in Creating Your Estate Plan

Are you ready to create an estate plan that ensures your wishes are followed upon your death and makes it easier for your family after you pass? Call Bingaman Hess today at 610.374.8377 or find us online .

What is Tort Law?

Thu, 10 Aug 2023 18:14:13 GMT

Some Civil Litigation falls under the area of tort law. You may have heard both terms but still have questions. Such as, what is the difference between civil and criminal law? What types of civil litigation fall under tort law (and which don’t)? We are here to answer those questions.

Civil vs. Criminal Law

Civil litigation often involves individuals and/or corporate entities, whereas criminal law involves a branch of the government that enforces criminal statutes on behalf of people. Both involve a plaintiff and a defendant.

In civil law, the plaintiff is the party who is alleging damages and has filed a legal action, and the defendant is the party being sued.

In criminal law, the plaintiff is the branch of government (i.e., the Commonwealth of Pennsylvania), and the defendant is the person accused of breaking the law. The penalty varies but may include fines or imprisonment if the defendant is found guilty.

Civil vs. Tort Law

Many claims in civil court fall under tort law, but there are multiple exceptions, including contractual disputes.

What is Tort Law?

Tort law includes claims by individuals who allege that they have been harmed by another person or entity (such as a corporation). Typically, the compensation, referred to as “damages”, is monetary.

Tort law is considered a form of “restorative justice.” It provides a remedy for harm done to someone with monetary compensation. The benefits of tort law include payment to the injured party, disclosure of wrongdoing, and deterrence against negligent acts.

Sometimes, punitive damages , which “go beyond compensating the aggrieved party,” may be awarded. Punitive damages are “specifically designed to punish defendants whose conduct is considered grossly negligent or intentional. Punitive damages are also referred to as exemplary damages as they are intended to set an example to deter others from committing similar acts.”

Types of claims in tort law include: intentional, negligence, and strict liability.

Intentional Tort

“An intentional tort is a type of tort that can only result from an intentional act of the defendant,” Cornell Law School explains, “Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.”

Negligence

The most common type of tort, negligence, is basically carelessness. It is doing or not doing what a reasonable person would typically do under the circumstances that cause harm to someone else. Examples include car accidents, slips and falls, and medical malpractice.

Strict Liability

“In tort law, there are two broad categories of activities for which a plaintiff may be held strictly liable - possession of certain animals and abnormally dangerous activities,” Cornell explains. “Additionally, in the area of torts known as products liability, there is a sub-category known as strict products liability which applies when a defective product for which an appropriate defendant holds responsibility causes injury to an appropriate plaintiff.”

What Must a Plaintiff Prove in a Tort Case?

The main allegations a plaintiff must bring in a tort claim include:

Duty of Care – a legal obligation to take reasonable care to avoid injury to others. For example, someone driving a car owes a duty of care to other drivers and pedestrians, and store owners have a duty of care to repair or otherwise resolve dangerous and defective conditions of which they are aware or should be aware.
Breach of duty – A breach of duty is when someone fails to comply with the duty of care. For example, a driver fails to stop at a stop sign and hits another vehicle.
Causation – What really caused the harm? The plaintiff needs to prove that the defendant caused the harm the plaintiff is alleging. For example, a plaintiff claiming injuries from a motor vehicle accident must prove the injuries were a result of the accident itself.
Damages – Damages may include medical bills, lost wages, as well as pain and suffering.

Do You Need a Litigation Attorney?

Whether we are representing a plaintiff or defendant, Bingaman Hess litigation lawyers thoroughly analyze the situation, provide knowledgeable guidance, and offer all available options to help their clients.

Want to learn more? Call Bingaman Hess today at 610.374.8377 or find us online .

What is Municipal Law?

Thu, 03 Aug 2023 18:00:11 GMT

The laws, ordinances, and regulations that cities, townships, towns, and municipalities create fall under Municipal Law . These laws are created and enforced by city or town councils or boards that consist of local residents elected by the municipality's citizens. Municipal laws can significantly between municipalities.

The Pennsylvania Sunshine Act "requires agencies to deliberate and take official action on agency business in an open and public meeting. It requires that meetings have prior notice and that the public can attend, participate, and comment before an agency takes that official action." This means that as a resident, you have the right to attend and comment at municipal meetings.

Common Municipal and Zoning Law Terms

1. Bylaws are a set of rules on activities, such as meetings, record taking, etc., that municipal boards use to conduct business.

2. Ordinance is a law created by a municipality.

3. Zoning Ordinance regulates how properties within the municipality may be used, such as residential or commercial. Those uses may be permitted by right, and others may be allowed by conditional use or special exception.

4. Zoning Hearing Board is a board that deals with zoning matters. Its actions are based on the municipality’s zoning ordinances.

5. Building Permit is an official approval to take certain actions like the construction of a new building or the remodeling of an existing building. The purpose of a building permit is to ensure that all applicable regulations are followed.

6. An Easement "gives a person, company, or government the right to use someone else's real estate for a specific purpose. It doesn't grant them an ownership interest."

7. Setback is the required distance between a building or structure from a property line or right-of-way.

8. Permitted Use states how a property may be used based on the applicable zoning ordinance. It does not require special exception or conditional use approval.

9. Special Exception grants permission to use a property under specified conditions.

10. Conditional Use is similar to a special exception, but instead of being decided by the zoning hearing board, it is decided by the municipality's governing body.

11. Variance allows a property owner to use a property that deviates from a particular regulation set by the applicable zoning ordinance.

At Bingaman Hess, we help our clients – local governing bodies, individuals, and businesses - navigate complex laws and processes, make good decisions, and protect their rights. We offer a full range of legal services to municipal authorities , including:

Board Governance
Policy formulation and review
Insuranc e Protection
Regulatory Affairs
Legal Investigations
Legal Defense
Land Use and Zoning
Municipal Tort Claims
Contract and Agreement Drafting and Negotiations
Bidding Procedures
Financing
Budget Approvals

Our experience with municipal authorities also helps our municipal law attorneys represent individuals and businesses more effectively. At Bingaman Hess, we offer a full range of legal services to individuals and businesses, including:

Condemnation/Eminent Domain
Right of Way
Residential and commercial real estate tax assessment appeals
Real estate development
Subdivision and land development
Sunshine and Right-to-Know Laws
Zoning and code violations and appeals

Call our Municipal Attorneys

Call one of the experienced municipal attorneys at Bingaman Hess today at 610.374.8377 or find us online .

10 Estate Planning FAQs

Thu, 06 Jul 2023 19:46:14 GMT

Nobody wants to think about dying or becoming incapacitated; however, having an estate plan will make everything much easier for your family during an already difficult time and help ensure that your wishes are followed. An experienced estate planning attorney can make the pr ocess easier for you and ensure nothing is overlooked.

Here are answers to some questions our clients frequently ask.

1. What is estate planning?

When most people think of estate planning, they think of a will that specifies who will receive their assets when they die. A will is part of estate planning, but there is so much more.

An estate plan can also include instructions for your care if you become disabled and unable to make decisions, name a guardian to care for your minor children, and make provisions for family members with special needs. Estate planning can also minimize inheritance taxes for your beneficiaries.

2. Do I need an estate plan?

Legally, no. There is no law that says you have to have a will or an estate plan. However, failing to draft an estate plan can lead to unnecessary legal fees and taxes, your assets being distributed according to state law rather than your wishes, additional stress for your family, and more.

3. What should be included in my estate plan?

Every estate plan is different based on your assets and your needs, but all should include at least a will, a durable power of attorney, and a healthcare power of attorney. If your estate is complicated, it may require additional planning.

4. What is an executor?

The executor is the person you designate to administer your estate. They are responsible for safeguarding your assets, paying off your estate's debts, and distributing your assets based on instructions provided in your will.

5. What is a durable power of attorney?

A power of attorney (POA) is a legal document that allows you to give someone else the legal authority to act on your behalf in certain matters. A Durable Power of Attorney refers to a POA that remains in effect until the principal's death or until the POA is revoked. It does not need to be renewed. In Pennsylvania, a POA is durable unless it specifically states otherwise.

6. What is a living will?

A living will – also called an advance healthcare directive – is a written, legal document that states what medical treatments you want (and don't want) if you can no longer communicate informed consent. It answers questions such as "What do I want to happen if I can no longer feed myself or breathe on my own?" and "Do I want a Do Not Resuscitate (DNR) or a Do Not Intubate (DNI) in place?" In a living will, you also appoint a healthcare power of attorney to make health-related decisions on your behalf based on your wishes.

7. What is guardianship?

"Guardianship, also referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence," National Guardianship Association states. "Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable."

8. What are trusts?

A trust allows you (the settlor) to give the right to hold your property or assets for a third party (the beneficiary) to another person (the trustee). Trusts can provide legal protection for your assets and may reduce your beneficiaries' tax burden.

9. What is probate?

Probate is the legal process that occurs when you pass away, whether you have a will or not. If you have a valid will, your estate is distributed according to your will. If you don't have a will in Pennsylvania, the court will determine how your estate is distributed based on the intestate succession rules in Chapter 21 of Pennsylvania's Decedents, Estates and Fiduciaries Code.

10. Will the beneficiaries of my will need to pay inheritance tax?

In PA, the inheritance tax rates are as follows:

0% on transfers to a surviving spouse or to a parent from a child aged 21 or younger.
4.5 % on transfers to direct descendants and lineal heirs.
12% on transfers to siblings.
15% on transfers to other heirs, except charitable organizations, exempt institutions, and government entities exempt from tax.

You can take steps to minimize the tax your beneficiaries pay, such as gifting your assets to your children, buying extra life insurance, converting your IRA to a Roth IRA, and more. An experienced estate attorney can help minimize the inheritance tax your beneficiaries pay.

Do I really need an attorney to create my will?

One final question we hear frequently is, "Do I really need an attorney to create my will." The answer is, "Technically, no." However, this can lead to more costly problems and more stress for your family down the road. A do-it-yourself form isn't customized to your legal needs, doesn't always comply with state laws, and doesn't provide an ongoing relationship if you or your beneficiaries have any questions or concerns.

Get Help Today

Bingaman Hess's estate planning attorneys listen to your unique goals and concerns, thoroughly review your situation, and provide a customized strategy for you. Give us a call today at 610.374.8377 or find us online.

Types of Deeds in Pennsylvania

Thu, 06 Jul 2023 19:29:10 GMT

A deed is just a deed, right? Unfortunately, Real Estate Law in Pennsylvania isn’t always that simple. There are several types of documents required for every phase in the process of buying and selling real estate, so it’s no surprise that there is more than one type of deed in PA.

What is a Deed?

A deed is written proof that someone owns a property, and it is used to transfer ownership of a property from the current owner (the grantor or seller) to a new owner (the grantee or buyer). The Pennsylvania Association of Realtors states, “Arguably, the most important document in a real estate transaction is the deed.”.

In PA, all deeds must include the following:

· Name of the grantor

· Name of the grantee

· A legal description of the property

· Signature of the grantor

There are three types of deeds in PA that typically differ based on the type of promises the grantor is making to the grantee, such as the following:

· The validity of the grantor’s ownership

· The grantor’s ability to sell the property

· Promises that there are no liens, easements, etc.

PA Deed Types:

General Warranty Deeds

A general warranty deed provides the highest level of protection to the grantee. It ensures that the grantor holds a clear title to the property, has no outstanding mortgages, debts, liens, or encumbrances on the property now and from all previous owners of the property, and that there will be no future claim on the title of the property .

Special Warranty Deeds

While a general warranty deed promises that the property has no outstanding mortgages, debts, liens, or encumbrances on the property now and from all previous owners of the property, a special warranty deed only promises this to be true during the period the grantor owned the property. Most lenders will require a warranty deed before granting any financing for the property.

Quitclaim Deeds

A Quitclaim deed provides the lowest level of protection to the grantee. It only transfers an ownership interest from the grantor to the grantee. It does not guarantee that the property is without outstanding mortgages, debts, liens, or encumbrances. This type of deed is most often used in non-sale transactions, such as transfers between spouses or to children.

Avoid Costly Real Estate Mistakes

Beyond the different types of deeds, there are many components to any real estate transaction. It is easy to miss important details or misunderstand essential information on legal documents or contracts if you are not familiar with real estate law. Potential issues include statutory and regulatory requirements, unpaid inheritance tax, liens or judgments against the seller, restrictions on the use of the property, unsatisfied mortgages, and rights of refusal.

Contact Us

The best way to avoid costly real estate mistakes is to work with one of the experienced Real Estate Attorneys at Bingaman Hess. Give us a call today at 610.374.8377 or find us online .

Social Media’s Potential Impact on Your Lawsuit

Thu, 29 Jun 2023 16:15:00 GMT

If you are currently involved in civil litigation , you need to understand how social media can affect the outcome of your case. According to Hootsuite , more than 4.74 billion people worldwide use social media – Facebook, Twitter, Instagram, YouTube, Tik Tok, etc. Over 75% of the world's population (ages 13 and up) and 76% of North Americans use social media.

These statistics probably come as no surprise, and you might be hard-pressed to find a friend with NO social media presence. Social media is a great way to keep in touch with family, let people know what you're up to, share information, catch up with old friends, etc.

You've probably also heard about social media's harmful effects on people's lives. Someone makes a comment that offends their cousin, who never speaks to them again, or someone sees a picture from a party they were not invited to and becomes hurt or angry. And if you're involved in a lawsuit, anything posted (by you, a friend, or anyone) can have a negative impact on the outcome of your case.

You might think, "No worries. All of my social media accounts are private." Nothing could be further from the truth. Aura reports, "…in some cases, posts you share privately with friends or in private groups can be shared publicly without your permission. And if your friends don't follow the same stringent social media privacy settings that you do, anyone could access this information…"

Furthermore, while each state has its own laws regarding public records, social media is considered public record in every state. Therefore, if you are involved in a lawsuit, you may be required (by court order) to share all of your social media posts. And remember… social media – including posts, comments, messages, tags, etc. - is a permanent, digital record of everything you or anyone else has posted. Even deleted posts can sometimes be recovered.

Every picture or statement you make on social media can have an unintended negative effect on the outcome of your civil litigation, leading to lower compensation or no compensation at all. For example, let's say that your lawsuit claims that you hurt your back after falling on a slippery floor in the grocery store, causing pain and suffering and the inability to work.

Then you post a picture of you checking in at the gym. To a jury, it will look like you're exaggerating or making up your injury – even if you're just at the gym to support a friend.
You're tagged in a post made by a friend that contradicts your version of what happened.
You admit in a comment that you may have been partially responsible for the accident.
You post photos of your injury that the defense uses to question how serious the injuries really were.

The Miranda warning states, "You have the right to remain silent. Anything you say can be used against you in a court of law." Defense attorneys are just waiting for you to say something on social media that they can use against you.

8 Social Media Tips When Involved in Civil Litigation

1. Your best bet is to stay off social media while the lawsuit is pending.

2. Ask your friends and family to leave you out of their posts – no mentions or photos of you, no tagging you, etc.

3. If you do get mentioned or tagged, untag yourself or ask your friend to do so and send it to your litigation lawyer.

4. If you feel the need to post something, share it with your civil litigation attorney before posting it.

5. Don't post ANYTHING about your accident, injury, or case, and ignore comments about your case.

6. Don't post anything you discuss with your lawyer.

7. Make all of your content on all of your social media platforms as private as possible (but remember that nothing is truly private on social media).

8. Do not accept friend requests from people you don't recognize. It could be a fake profile from someone looking for evidence to use against you.

Find a Good Litigation Attorney

Whether you are the plaintiff or defendant, the Bingaman Hess litigation lawyers thoroughly analyze each situation and provide knowledgeable guidance. Our goal is to successfully resolve your legal disputes as efficiently as possible.

Give us a call today at 610.374.8377 or find us online .

What You Need to Know About Pennsylvania Property Taxes

Mon, 19 Jun 2023 15:47:42 GMT

Pennsylvania property taxes can be pretty complicated, and not understanding how these taxes are calculated or if there are ways to lower them can cost PA homeowners money. Some basic knowledge and an experienced real estate attorney can help.

While Pennsylvania has a lot to offer – beautiful rolling hills, a rich history, proximity to large cities, low cost of living, etc. - there's no denying that property taxes are a significant expense to Pennsylvania homeowners. In fact, PA property taxes are higher than the national average and vary significantly from county to county and even within each school district and municipality. PA's average effective property tax rate can range from .87% to 2.45%, with a 1.36% average rate.

Anyone who owns property in the commonwealth is required to pay property taxes, which are used to fund public services, such as schools, roads, bridges, parks, police, etc. The commonwealth does not charge a property tax; however, each of the 67 counties, along with municipality and/or local taxing authorities (such as school districts), has its own property tax assessment system.

How are Property Taxes Determined in Pennsylvania?

All Pennsylvania counties base their property taxes on the assessed value of your home, which is determined by the county or municipality assessor. However, some counties base it on 100% of the current market value of your home, while others use a fraction of the home's current market value to determine your rate. The reassessment of your property value may occur but the timing of that reassessment varies from county to county.

The PA State Tax Equalization Board publishes the Common Level Ratios (CLR), which is the average ratio between the assessed value and the market value within a county. The CLR is sometimes used to appeal an assessment; however, the burden of proof is on the homeowner.

Tax rates are stated as "mills," with one mill equal to $1 of property tax for every $1,000 in assessed value. However, because each county has its own system to determine assessed values, mill rates are not comparable across all counties. Therefore, if you want to compare apples to apples, it's better to look at the "effective tax rate," which reflects the percentage of a home's value in property tax.

PA Property Tax Exemptions

Some PA homeowners may qualify for exemptions that may lower their property taxes.

Homestead/Farmstead Exemption – If you own your primary residence, you may be eligible for this exemption, which reduces the taxable portion of your property's assessed value.
Pennsylvania's Property Tax/Rent Rebate Program – "The rebate program benefits eligible Pennsylvanians age 65 and older; widows and widowers age 50 and older; and people with disabilities age 18 and older. The income limit is $35,000 a year for homeowners and $15,000 annually for renters, and half of Social Security income is excluded," the PA Department of Revenue states. "The maximum standard rebate is $650, but supplemental rebates for qualifying homeowners can boost rebates to $975."

Real Estate Tax Appeal

Another way to potentially lower your property taxes is to have your home reassessed. Do you think your property taxes are too high? A tax assessment may reveal that your home is assessed too high.

The property lawyers at Bingaman Hess can put you in touch with a real estate appraiser, submit a real estate assessment appeal, and resolve or mediate your tax appeal.

Give us a call today at 610.374.8377 or find us online .

5 Tips for Choosing the Best Power of Attorney

Thu, 25 May 2023 20:11:14 GMT

An integral part of Estate Planning is designating an agent by means of a power of attorney (POA). Many people choose their spouse, a family member, or a close friend, but you can choose anyone. Considering you are entrusting this person or persons with the power to make financial and/or medical decisions on your behalf, you want to ensure that you choose wisely.

What is a Power of Attorney?

A power of attorney (POA) is a legal document that designates someone to act on your behalf. The POA is a written document that allows you (the “principal”) to give someone else (your “agent”) legal authority to act on your behalf in certain matters. You must choose who will act as your agent and specify what powers you are giving to your agent (what your agent is allowed to do for you). You may select any competent adult to act as your agent. The authority that a Power of Attorney gives to your agent can be for limited circumstances like the sale of real estate or broad for general financial and health care decisions on your behalf.

An agent designated under a financial power of attorney is authorized to handle your financial or business matters, such as paying bills, making deposits, etc. An agent designated under a healthcare power of attorney is authorized to make medical decisions in certain circumstances such as the authorization of medical or surgical procedures, admission to a medical facility, etc. You can name one person to serve as agent under your financial and healthcare POA or choose one person to be your financial POA and a different person to be your healthcare POA.

You also have the option of naming two or more people as co-agents or successor co-agents. Co-agents are supposed to work together in the principal's best interest which sometimes causes conflict. A successor agent can step in if the primary agent is unable or unwilling to serve.

In Pennsylvania, there are three main types of financial POAs:

1. Durable Power of Attorney refers to a POA that remains in effect until the principal's death or until the POA is revoked. It does not need to be renewed. In PA, a POA is durable unless it specifically states otherwise.

2. Limited Power of Attorney or Simple POA is effective for a short time based on the conditions of the POA document. For example, you may authorize a Limited Power of Attorney to manage your finances while you are out of the country.

3. Springing Power of Attorney only becomes effective when a specific event occurs. For example, a springing POA may be triggered if the principal becomes physically incapacitated.

If you do not designate a POA and something happens to you, the court upon petition may appoint someone to handle your medical and/or financial decisions. However, that process can take weeks to accomplish and may prove expensive. Therefore, designating your own POA provides peace of mind that if something were to happen to you, someone would 1) know your wishes, 2) have your best interests in mind, and 3) have the authority to make financial and/or medical decisions on your behalf.

How do You Choose the Best Power of Attorney?

Being an agent under a POA carries much responsibility. It can be stressful, time-consuming, and emotionally draining. The best agent may not be the person who is closest to you.

When considering the best person or persons to be your financial and/or medical POA agent, consider the following characteristics:

· Understands and is willing to take on the responsibility of an agent

· Lives close to you

· You trust them to follow your wishes and act in your best interest

· Assertive when needed

· Good communicator - even under pressure

· Organized and detail-oriented

· Has some understanding of finances and/or medical processes

· Ability to collaborate with attorneys, doctors, accountants, etc.

Before naming an agent, have a conversation with the person or persons you are considering to discuss the duties and responsibilities and the scope of your legal and financial affairs. You need to thoroughly trust the agent you designate.

Ready to Set Up a Power of Attorney?

The estate planning attorneys at Bingaman Hess can help provide peace of mind by drafting a Power of Attorney to ensure that your financial and medical wishes are followed if something happens to you. Don't wait. Give us a call today at 610.374.8377.

When Should You Contact an Attorney About Zoning Issues?

Thu, 11 May 2023 19:43:58 GMT

The Zoning Attorneys at Bingaman Hess have extensive experience in reviewing and providing counsel in regard to zoning and land use ordinances. They can provide help with zoning issues.

Zoning laws can be complicated. Someone seeking zoning relief should not hesitate to contact an attorney. Consulting with an attorney early can help prevent significant, costly issues that may arise.

Zoning in Pennsylvania

Municipalities create zoning ordinances that control developmental and operational use of land. Municipalities create zoning districts for various reasons such as economic development and to control traffic flow.

In Pennsylvania, the General Assembly has delegated much of the power to plan and regulate land use to local municipalities and counties through the Pennsylvania Municipalities Planning Code (MPC).

Zoning relief may be necessary when a developer or property owner seeks specific relief permitted under zoning ordinances or seeks a use that may not be permitted by means of a variance.

Zoning relief can be necessary for various issues such as:

1. A use that is not permitted by current ordinance

2. Violation of Setback Ordinances

3. Nonconforming Use

4. Special Exception

When Should an Individual Contact an Attorney About Zoning Issues?

It can be challenging to consider zoning laws and the relief that is necessary. Here are some examples of when an individual should contact an attorney about zoning issues:

Receipt of a violation notice
Appeal of a land use or zoning decision
Request for a variance, special exception, or conditional use
Review of land development projects containing complicated issues

Choosing the Right Zoning Law Attorney

The municipal law attorneys at Bingaman Hess have extensive experience in a wide range of complex municipal laws, statutory and administrative requirements, regulations, procedures, and processes. As a result, they can provide a full range of municipal legal services, such as zoning appeals or challenges to issued citations.

The municipal law attorneys at Bingaman Hess can provide ongoing legal counsel or help with a specific legal issue.

Call our municipal attorneys today at 610.374.8377.

Recommendations for the Successful Collection of Rent

Tue, 28 Jul 2020 18:08:28 GMT

Being a successful rental property owner or manager requires the prompt collection of rent. Unfortunately, this can sometimes prove difficult.

Here are recommendations to improve your collection of rent.

Screen Tenants

Tenants should be carefully screened. Individuals that have shown responsibility in the past will likely be responsible in the future. Consider very specific criteria to apply to potential tenants. However, be careful that the criteria does not conflict with applicable laws against discrimination. Criteria should be applied equally and regardless of gender, race, or other such discriminatory methods.

Review credit reports. Although a credit report will likely not include rent payments, it will show how well an individual paid other creditors and will reflect past judgments and debts.

Check references. Although previous landlords are not required to provide information to you, you can ask them if they would rent to the tenant again.

Require an income that is at least three times the amount of the rent.

Create a Rent Collection Policy

Create a written rent collection policy that helps ensure the equal treatment of all tenants and to confirm what is expected of them. It should include the exact rent amount each month, how rent payments are made, if there are any grace periods, and the consequences of a bounced check or default. All of this information should be included in a lease agreement with the tenant.

Automate Payments

Consider rent payments via an automated system, such as auto-pay or auto-deduct. There are several ways to automate payments.

An Automated Clearing House (ACH) will automatically withdraw money from your tenant’s bank account. To set up an ACH, you will need to have the tenant sign an agreement that allows you to withdraw the money.

You can also ask your tenant to pay their rent by setting up recurring online bill payments with their bank so that a check is automatically issued and mailed to you each month.

Recognize Responsible Tenants

If you have a tenant who always pays in full and on time, cares for the property, and follows the rules, consider giving them a gift card or gift basket as a thank you during the holidays or when they are ready to renew their lease. Make sure that the property is well maintained for them and that their concerns at the property are addressed on time and properly.

What to do When a Tenant Fails to Pay

Talk to your tenant if they are delinquent in paying their rent. Ask them when they will make their rent payment, how much they will be paying, and what method of payment they will be using. Try to work with your tenant before further action is necessary.

Eviction

Ultimately, if a tenant will not pay rent, or is in default of your lease in other ways, it may be necessary to file for an eviction. Evictions seek to remove the tenant from your property and seek the collection of any amounts that may be owed to you. Strong leases that are in conformance with applicable law, and making sure you follow the very specific legal requirements for the eviction process, including a notice to quit, are necessary for a successful result.

Give the experienced collections attorneys at Bingaman Hess a call at 610.374.8377 or find us online . We can help you determine your best course of action. We can review your existing tenant lease or draft a new one. We can also assist you with the eviction process and the collection of amounts owed to you. If filing a lawsuit is necessary, we will always 1) do our best to settle out of court (saving you legal fees), 2) assertively represent you if your case goes to court, and 3) help you collect amounts you are owed if a judgment is entered in your favor.

When Should You Begin Your Estate Planning?

Tue, 30 Jun 2020 15:07:10 GMT

Estate Planning is not just for the rich or the elderly. The word “estate” often conjures up images of a stately mansion surrounded by acres of private land. But even a small home or personal items within a rented condo make up an estate. By definition, an estate is “all the money and property owned by a particular person, especially at death.”

It doesn’t matter how many assets you have or what they are worth because estate planning is about taking control and avoiding heartache and aggravation for loved ones should the unexpected happen.

Unfortunately, tragedy can strike at any time – even at a young age. You can be hit by a car or diagnosed with a terminal illness. If you don’t plan for those possibilities, you could be hurting yourself and your loved ones such as your spouse or partner, and especially your children.

Discussing what would happen should tragedy or the unexpected happen can be difficult, but it’s nothing compared to the difficulties your loved ones would face if something happens to you, and you do not have an estate plan in place. Estate planning helps ensure that those you leave behind can grieve without the worry of how to handle your estate and it allows you – not the state - to control what happens to your property.

An estate plan does not have to be complicated or costly, but once you become and adult at age 18 you should consider drafting an estate plan. Here is why.

Who Do You Want To Receive Your Property?

A Will allows you to choose who receives the rest of your assets. For example, if you have a vinyl collection that you want your best friend to have, you can put that into the Will. Or maybe you want to make sure that your little brother gets your car if something happens to you.

Once you have children, a Will also allows you to name a guardian for your children should something happen to you and the other parent.

Should you you die without having drafted a Will, the state decides who receives your assets.

Also, when you get your first job you may receive benefits such as a 401(k) or a life insurance policy. Naming a beneficiary on each of those accounts ensures that money goes where you want it to if something were to happen to you. You can name an individual (such as a parent or spouse) or an entity (such as a nonprofit) as the beneficiary.

It is important to note that insurance policies and retirement accounts are not typically covered in a will, so naming a beneficiary on each account and policy is crucial.

Who Do You Want Making Financial and Medical Decisions on Your Behalf?

Estate Planning also involves determining who you trust to make financial and medical decisions for you.

In a Durable Power of Attorney (POA) you legally appoint someone as your Agent to handle your financial affairs. You determine how much or how little the Agent can do on your behalf. It does not take a severe injury to create a need for a POA. For example, if you decide to study abroad, a POA can file your taxes and help with other financial matters on your behalf. Most importantly for married couples, a properly drawn POA gives one spouse the ability to protect as many assets as possible should the other spouse need to go into a nursing home.

Many people do not realize that once they become an adult at 18 years old, their parents are no longer automatically permitted to make medical decisions for them– even if there is an accident and the person is unable to make decisions for themselves. Most importantly, just because someone is your parent or, even your spouse, it does not mean they are legally permitted to be given medical information without permission.

In a Health Care Power of Attorney (HCPOA), you are legally designating someone as your Health Care Agent (whether it’s a parent or a spouse) that can be given medical information and make health care decisions for you if you are unable to do so yourself. For example, if you are in an accident that renders you unconscious or under anesthesia for scheduled surgery and a complication arises, your HCPOA would allow your agent to make medical decisions for you based on your instructions.

What Life-Sustaining Medical Treatment Do You Want If there is No Realistic Hope of Your Recovery?

This may be one of the most difficult – but also most important – questions you will ever answer. Within your HCPOA there should be a section stating your wishes as to what should or should not be done if you are permanently unconscious with no significant hope of recovery, in an irreversible coma and/or in a persistent vegetative state. The language is often called a “Living Will” or “Advance Directive”.

Typically, it answers questions such as…

• What do you want to happen if you can no longer feed yourself or breathe on your own?

• Do you want a Do Not Resuscitate (DNR) or a Do Not Intubate (DNI)?

• Do you want to allow your body or organs to be donated?

What’s Next?

An experienced estate planning attorney can ensure that your wishes are followed and that your beneficiaries – not the government – receive as much of your estate as possible. As your life becomes more complicated – you buy a house, you have children, you open your own business, etc. – you will need to revise your estate plan. Give us a call at 610.374.8377 or find us online.

Recent Appellate Court Decisions in Pennsylvania Workers' Compensation Law

Tue, 23 Jun 2020 20:22:05 GMT

Voluntary Withdrawal From Workforce and Pension Offset Credit: Nuttall v. WCAB (City of Chester) . In May 2020, the Commonwealth Court affirmed the WCJ’s Decision suspending claimant’s benefits based on a determination that he voluntarily withdrew from the workforce. Claimant was a City of Chester Police Officer since 1989. On February 1, 2010, claimant entered into a voluntary Deferred Retirement Option Plan (DROP), which permits an officer who is otherwise entitled to retire to enter the DROP program, continue to work and be paid by the employer while also receiving pension benefits (which are deposited into a trust account which the officer is then entitled to at the time of his actual retirement). To participate in the DROP program, the officer makes an irrevocable commitment to separate and retire from employment no later than five (5) years after entering DROP. However, the DROP program does not prevent an officer who collects the pension benefits from seeking alternative employment after “retirement” with employer or elsewhere.

Thus, claimant entered the DROP program on February 1, 2010 and his DROP separation date was January 31, 2015. On March 27, 2014, claimant suffered a work-related crush injury to his right foot for which he received benefits, including specific loss benefits for the loss of right fifth proximal phalanx. Meanwhile, on January 31, 2015, claimant retired in accordance with the DROP program. The evidence presented included claimant’s testimony that he did not consider himself disabled as a result of the work injury and that he retired not because of injury residuals but because of the planned 2015 retirement. Importantly, Claimant admitted that he was not disabled from all types of work, yet further admitted that he was not looking for work which he could perform.

Applying prior precedent, the Court reasoned that an employer may establish an employee’s retirement by presenting evidence of objective facts of the employee’s status “including the claimant’s receipt of a pension, the claimant’s own statements relating to voluntary withdrawal from the workforce, and the claimant’s efforts or non-efforts to seek employment.” Once the employer establishes that the employee has retired, the burden shifts to the employee to show that he is still seeking employment within his limitations or was forced to retire from the workforce as a result of his work-related injury. In finding that Claimant had voluntarily “retired”, the WCJ and the Commonwealth Court relied on Claimant’s admissions that he did not consider himself disabled, was not working, and had not re-applied for or looked for any work within his restrictions after completing the DROP program.

Separately, the Court also granted the employer’s petition seeking a pension offset credit based on the 28.7% rate which employer proved it had contributed to the employee’s pension plan. While the WCJ credited the employer’s pension offset evidence, it noted that the Petition was moot by way of the retirement ruling. The Commonwealth Court affirmed.

Untimely issued Notice Stopping Temporary Compensation – no conversion of Notice of Temporary Compensation Payable by operation of law: Communication Test Design v. WCAB (Simpson) . In December 2016, Claimant suffered a right eye laceration work injury for which the employer issued a medical-only NTCP. In January 2017, employer issued an amended NTCP and began paying disability benefits. In February 2017, employer issued an NSTC and NCD, denying that Claimant sustained any work injury at all. Claimant subsequently filed claim, reinstatement and penalty petitions, while employer filed a termination petition.

Claimant contended that the NTCP should be deemed to have been converted to an NCP on the grounds that employer failed to file the NSTC within five days of stopping payment of temporary compensation. The Commonwealth Court found no evidence of record to support Claimant’s contention concerning the last date of temporary compensation paid, therefore, the Court was unable to discern whether or not the NSTC was filed within five days of the last payment. However, even if the NSTC was untimely, the Court confirmed that Section 406.1 provides no remedy for the failure to timely file the NSTC. In addition, and importantly, the Court held that an NTCP does not automatically convert to an NCP for failure to file an NSTC within five days of stopping payment of temporary compensation so long as the NSTC is filed within 90 days of the NTCP.

Utilization Review Organization may decide Reasonableness and Necessity of “Presence” at Long-Term Acute Care Facility : Burgess v. WCAB (Patterson UTI Drilling Co.) . In December 2012, Claimant suffered a severe injury and received compensation pursuant to an NCP. Since December 2014, Claimant had resided at a long-term acute care (“LTAC”) facility. In August 2016, employer filed a request with the Bureau seeking a UR determination regarding the reasonableness and necessity of the Claimant’s continued “presence” at the LTAC. The Bureau rejected the UR request on the basis that the matter to be reviewed was not a healthcare service, and that determining where the healthcare service is being provided cannot be determined by a reviewer. The employer made a second request which the Bureau rejected on the same basis. The employer then filed a separate UR request, now seeking review of the reasonableness and necessity of the treatment actually rendered by the providers at the LTAC. In December 2016, the URO issued a UR determination concluding that the reviewed treatment was indeed reasonable and necessary.

The employer then filed a petition for review of UR determination, and during hearings clarified that it was not actually challenging the reasonableness or necessity of the medical treatment, but rather the Claimant’s “residency” at the LTAC. Based on the evidence presented, the WCJ determined that Claimant’s continued stay at the LTAC facility was not reasonable or necessary, and that Claimant instead should be moved to a skilled nursing facility. Claimant appealed.

On appeal, Claimant argued the WCJ lacked jurisdiction to determine whether his care should be transferred to a skilled nursing facility because that determination was beyond the scope of permissible UR consideration and employer should instead have raised the issue in a petition to review medical treatment. The employer responded that the issue of whether treatment must continue at an LTAC facility was inherently related to the treatment under review. The Commonwealth Court ruled that nothing in the UR regulations prohibit a URO from reviewing whether the Claimant’s care at the LTAC facility was reasonable and necessary, and that the Bureau had twice erroneously rejected the employer’s UR requests. The Court found that the employer’s UR request regarding the reasonableness and necessity of Claimant’s continued stay at the LTAC facility were not prohibited by Reg. 127.406(b) and should have been referred by the Bureau for a UR Determination.

Claimant Admission Established Withdrawal From the Workforce : Phillips Respironics v. WCAB (Mika) (Reported Opinion). On June 1, 2015, Claimant sustained a left shoulder work injury and was paid benefits pursuant to a medical-only NCP. Claimant had continued to work on a modified duty basis for about two months until resigning on August 3, 2015 for non-injury related reasons. On March 17, 2016, Claimant filed a Claim Petition seeking indemnity benefits as of August 1, 2015. At an early hearing on May 6, 2016, Claimant testified he was looking for work within his capacities. However, at later hearings on September 1 and November 3, 2017, Claimant, on cross-examination, gave testimony admitting that he was no longer looking for such work, and did not testify that he was forced out of the entire work force by his shoulder problems. He further admitted that he could go back to work at a venue like McDonalds at minimum wage, but such a move would not make financial sense. He indicated that he and his wife decided that she would go to work, and that he would turn to being a stay-at-home dad.

On this basis, the WCJ found that Claimant stopped looking for work in part due to his shoulder condition and in part due to the economics of his personal situation. Thus, the WCJ suspended Claimant’s benefits as of September 1, 2017. The Commonwealth Court affirmed, holding that: “an employer is not required to show that a Claimant does not intend to continue to work. . . . rather, an employer only has to prove that, although Claimant may be forced to retire from his time of injury job due to his work-related injury, he was not disabled from other types of work.” Thus, here, employer was not required to present evidence of available work within Claimant’s restrictions or expert testimony regarding Claimant’s earning power because Claimant acknowledged there was work he could do but he chose not to pursue it due to personal financial considerations.

Employer Barred from Retroactive Pension Credit where it delayed 14 months to Make Pension Payment Inquiry : Consol Pa. Coal Co. v. WCAB (Johnson) (Unreported Opinion). Claimant was a coal miner who suffered a work injury, and whose claim petition was granted in 2015. Soon thereafter, he also became entitled to a pension. Approximately 14 months after the WCJ award, the employer first served an LIBC-756 form on Claimant inquiring whether Claimant had received any pension payments, to which Claimant replied in the affirmative. Employer then applied a retroactive pension credit back to the date of its first payment of compensation in 2015. Claimant then filed Review and Penalty petitions to challenge the same. The WCJ ruled in Claimant’s favor and disallowed the employer’s retroactive credit, but denied the Claimant’s Penalty Petition on the grounds that this area of law is subject to some ambiguity. Notably, the Court ruled that while an employer may take a retroactive credit, to do so it must show that it has acted with due diligence in making that effort. Here, the Court found that 14 months was too long, and prejudice was assumed.

Employer Rebutted Presumption that Claimant, who was driving a truck with the employer’s name on the side, was an “employee” by showing Employer’s lack of sufficient control over the details of the work: Carroll v. WCAB (Nealson Trucking, Inc.) (Unreported Opinion). Claimant was a police officer for a local municipality. However, he often performed “side jobs” for a small, uninsured rubbish company, driving its garbage truck. In August 2016, Claimant was in the midst of such garbage removal work when he was injured as a result of being struck in the head by a hook on truck. In workers’ compensation litigation which followed, Claimant testified that he expected to be paid for the work, while his employer stated that Claimant had “volunteered” for the work while employer was taking time off from the business to spread his late wife’s ashes in North Carolina. The WCJ and the Court acknowledged that, since Claimant was driving a truck with the employer’s name on the side, there was a presumption that he was an employee. However, the WCJ and Court determined that employer had rebutted the presumption by showing that employer had not exercised sufficient control over the details of Claimant’s work, particularly where employer was “several states away while Claimant was conducting his activities….” Thus, Claimant was deemed an independent contractor and the claim was denied.

Expert Testimony Rendered Incompetent Only Where Based “Solely” on Inaccurate/False Information: Pittsburg East Nissan v. WCAB (Rush) . The Commonwealth Court rejected employer’s appeal and contention that the WCJ capriciously disregarded evidence by at once suspending claimant’s benefits and then 3 weeks later reinstating the benefits. Claimant worked as a car sales person for employer, and had a pre-existing neck condition which required a one level fusion in 2006. In March 2015, claimant fell on ice at work and was paid compensation per an NCP that recognized a concussion injury. Later, claimant claimed consequential injuries that the carrier recognized in the form of cervical myopathy necessitating a fusion at two additional levels. In early 2017, Claimant eventually returned to work. However, on June 27, 2017, she was fired “for cause” for misconduct. Claimant thereafter sought reinstatement. Claimant testified and repeatedly admitted that, but for her firing (and her surgeon keeping her out of work), she would still be working and had liked her job. The surgeon opined unequivocally that by July 19, 2017, claimant’s neck condition was deteriorating and that she was totally disabled.

The WCJ found that claimant had been fired for cause which authorized suspension of compensation benefits from the date of firing until the date the surgeon opined that claimant was again totally disabled. The WCJ rejected the employer’s evidence from the IME physician, as well as from claimant’s repeated cross-examination admitting that, but for the firing, she would still be working. The WCJ relied on the fact that in that claimant was deferring to her surgeon on the issue of workability, and it was the surgeon’s credible opinion that she was completely disabled from work. The Court emphasized that the surgeon did not recant, and maintained his opinion that claimant was totally disabled as of July 19, 2017, despite what claimant may have admitted to the contrary. The Court rejected the employer’s argument that the claimant’s surgeon’s opinion was incompetent on this basis stating, “a medical expert’s opinion is not rendered incompetent unless it is solely based on inaccurate or false information.” In essence, the opinion of a treating physician can trump the lay testimony or admissions of the claimant.

Multiple Termination Petitions not Barred by Collateral Estoppel Absent a Prior Determination that Claimant’s Disability was Permanent : MacTough v. WCAB (City of Phila.) . Claimant sustained a neck injury in 1995. He returned to work, but by 2010 had an increase in disabling neck pain. The claimant successfully established the increased neck pain was caused by a work-related aggravation of his degenerative changes in his neck and constituted a new injury in 2011. In 2015, employer filed a termination petition, which was denied on the grounds that claimant had not recovered from the 2011 work injury. Two years later, employer again filed a termination petition which this time was granted. The WCJ found claimant’s ongoing problems at that stage were from degenerative conditions from “the ordinary process of aging”. Claimant appealed.

The Court rejected Plaintiff’s contention that the employer should be precluded from multiple termination petitions via collateral estoppel, holding that the prior WCJ decision did not provide that the aggravated degenerative condition was “permanent”.

Multiple Employer Frivolous Appeals Warrant Award of Attorney’s Fees : Aqua Pennsylvania, Inc. v. WCAB (McGonigle) . Claimant worked for employer performing heavy labor, suffered an injury and was awarded TTD. The injury included a herniated disc, aggravation of degenerative disc and joint disease, and a low back strain/sprain from cumulative trauma. The WCJ had granted compensation for a closed period (with suspension) because claimant had returned to work during the pendency of the claim petition. A year later, claimant went back off work complaining of a worsening condition. Claimant ultimately filed for reinstatement of benefits, and also appealed from a URO determination that his treatment was no longer reasonable and necessary. Employer filed a cross-petition to terminate. The WCJ credited claimant and his physician on all counts and granted a reinstatement to TTD.

Employer appealed on four grounds, but the Court rejected all of the employer’s contentions as frivolous as they were all attempts essentially seeking to have the Court re-assess the credibility findings made by the WCJ. In other words, the Court deemed that there was no meaningful basis to appeal on any ground, regardless of how the employer framed the arguments. Of particular note, the Court, in rejecting one of employer’s argument surrounding the fact that claimant’s doctor released him to full duty work, pointed out that ability to return to work at full duty is not equivalent to full recovery. Finally, the Court outright rejected employer’s contention that the claimant’s treating physician could not testify with regard to the reasonableness and necessity of his own treatment because he had a financial interest of the outcome of the URO petition. The Court remanded the matter to the WCJ for a determination of the value of fees to award in connection with the frivolous appeal.

Contact the Workers' Compensation Attorneys at Bingaman Hess to discuss these cases.

Can Protz be applied retroactively?

Fri, 19 Jun 2020 18:36:06 GMT

The Pennsylvania Supreme Court issued its Decision in Dana Holding v. WCAB (Smuck) , applying its Protz ruling retroactively.

On June 16, 2020, the Pennsylvania Supreme Court issued its decision in Dana Holding Corporation v. WCAB (Smuck) . In Dana Holding , the Court addressed the issue of the retroactivity of the Protz v. WCAB (Derry Area School District) holding in the case at hand. The Defendant/Employer in Dana Holding had filed an Appeal seeking a clarification as to when new law should be applied retroactively. The Court agreed to hear the Appeal, but on a limited basis, specifically, whether the retroactivity of the Protz ruling should begin on the date of the IRE or the date of the decision.

Ultimately, the Supreme Court affirmed the Commonwealth Court’s holding that the retroactivity of the Protz decision dates back to the date of the IRE.

In rendering its Decision, the Supreme Court reviewed the law in various other states and federal districts. The Court noted that there are initially two (2) scenarios when new law is issued: (1) cases that are actively in litigation and the issue(s) is/are preserved throughout the litigation; or (2) applying new law to cases that have become final. Each scenario presents with different results. In Dana Holding , the Court only addressed scenario number 1. As such, the Supreme Court has not addressed scenario number 2.

After reviewing the prior Pennsylvania caselaw on the retroactivity of new law in scenario number 1, the Court held that unless the appellate decision rendering the new law specifically states that it is to be applied prospectively, the new rule of law is to be applied retroactively to cases where the issue in question is properly preserved at all levels of adjudication, including any direct appeal.

Turning to the Dana Holding case specifically, the Court held that the parties had preserved the constitutionality of the IRE provisions during the litigation of the initial Modification petition. The litigation involving the Modification Petition was ongoing at the time Protz was issued. Thus, the Court held that the Protz decision should be applied retroactively to the date of the IRE.

The issue of whether new law should be applied retroactively to final cases is still an open issue.

Do I Need an Estate Plan?

Fri, 19 Jun 2020 17:27:48 GMT

Do I Need an Estate Plan?

The simple answer is yes. But before telling you why it is important to know what is meant by the term “ Estate Planning ."

What is Estate Planning?

Most people think of estate planning as making a Will specifying who you want to receive your assets when you die. While that is true, proper estate planning also includes many of the following elements:

• Ensuring that you have named a Guardian for the care of minor children, along with funding a Trust for their care and education.

• Ensuring that assets are titled in a way maximizes the amount your beneficiaries receive and ensures the assets pass to the intended beneficiaries.

• Beneficiary designation planning for assets that do not pass to the beneficiaries named in your Will, such as retirement accounts, annuities, and life insurance.

• Minimizing death taxes so that your beneficiaries receive more of your estate

• Instructions for your care if you become disabled and can not make decisions for yourself

• Provisions for family members with special needs that do not affect their eligibility for government benefits such as SSI and Medicaid

Is Estate Planning Limited to Deciding Who Gets My Assets When I Die?

No. Just as importantly – and in some cases, more importantly – proper estate planning addresses unexpected situations that occur while you are still living.

A necessary element of estate planning is a properly drafted Power of Attorney (POA). In a POA, you give your Agent the authority to make all financial decisions for you that you could make for yourself. Contrary to popular belief, your Agent can act on your behalf even if you are not incapacitated.

A POA is the most powerful legal document you can sign because it gives your Agent the ability to take all your money. While this is rare, it does happen. Thus, the most important factor to consider when selecting an Agent is trust.

Additionally, a properly drafted POA allows your Agent to take necessary steps to, as much as is possible, protect your assets should you need to go into a nursing home. This simple step can potentially save hundreds of thousands of dollars that might otherwise be paid to a nursing home.

In addition to having a POA for financial matters, you should also have a Health Care Power of Attorney (HCPOA) for medical decisions. In an HCPOA, you are naming a Health Care Agent to make medical decisions for you if you are not able to communicate them yourself.

Many people have Living Wills setting forth their wishes should they be permanently unconscious with no hope of recovery, in a persistent vegetative state or an irreversible coma. However, Living Wills do not address situations in which you cannot make medical decisions but are not in one of the conditions listed above (i.e., dementia, Alzheimer’s disease)

A properly drafted HCPOA will cover both situations in addition to ensuring that the necessary HIPPA language is included allowing medical information to be released to your Health Care Agent.

What Are The Consequences of Not Doing Estate Planning?

Failing to do proper estate planning can lead to unnecessary legal fees and unwanted negative consequences such as:

• Your assets being distributed according to state law with your beneficiaries receiving less because more money is spent on unnecessary legal fees, court costs, and/or taxes.

• A court deciding who will care for minor children if you and the other parent die.

• Beneficiaries with special needs losing their eligibility for government benefits.

• If you become mentally or physically incapacitated, a court, rather than your family, may be able to control how your assets are used to care for you. Going through the court can be expensive and time-consuming. Plus, your information may become public, and it can be difficult to regain control if you recover.

• Inability to preserve assets to the maximum extent possible if you need to go into a nursing home.

• Your retirement accounts being taxed at up to 37% before being distributed to your intended beneficiaries.

When Should I Begin Estate Planning?

Because none of us has a crystal ball that can tell us when we will die or if we will become disabled, the time to begin estate planning is now while you are legally competent, in good health and free from emotional distress. Unfortunately, many people do not want to think about their own mortality, so they put it off.

If you do not take the time now, your family will be left to deal with it at the worst possible times, either while they are dealing with your incapacity or while mourning your loss.

Do I Need an Attorney for Estate Planning?

You are not technically required to use an attorney to do your estate planning. However, failure to do so is likely to lead to more costly problems in the future.

The experienced estate planning attorneys at Bingaman Hess can help ensure that as much of your estate as possible goes to your beneficiaries. They can ensure that your wishes are followed and that your estate is managed by someone you trust.

Give Bingaman Hess a call today at 610-374-8377 or find us online to begin your estate planning and ensure peace of mind your yourself and your family.

Frequently Asked Questions Regarding Family Law

Fri, 05 Jun 2020 18:30:48 GMT

I owned a house before I got married. I did not add my spouse’s name to the Deed. Now that we are getting divorced, does my spouse have a claim to the house?

Answer: Yes and No. Prior to answering this question it is necessary to understand the concept of "Marital Property" and "Non-Marital Property."

Assets (and debts) are classified as "Marital Property" are subject to what is known as "Equitable Distribution." Equitable Distribution is the process by which Marital Property is distributed between each spouse. Non-Marital Property is not subject to Equitable Distribution.

In the situation you described, only the increase in value of the house from the date of marriage to the date of separation – which will be determined by an appraisal - would be considered "Marital Property" and subject to Equitable Distribution. That reason for this is that the house remained titled in your name.

However, if you transferred the house into joint names with your spouse, you will be considered to have made a "gift" to the marriage, and as a result the house’s entire value of would be considered "Marital Property" and subject to Equitable Distribution.

In your last response, you mentioned that classifying an asset (or debt) as “Marital Property” is important in the Equitable Distribution process. What is
“Marital Property”, and how is it different from "Non-Marital Property"?

Answer: Marital Property is any asset acquired - or debt incurred - by either spouse during the marriage through the date of separation. It does not matter how the asset or debt is titled. For example, a 401k account is only titled in the name of one spouse, but all contributions and earnings during the marriage are considered marital assets.

Similarly, even if a credit card is only titled in one spouse’s name, any charge incurred during the marriage is considered a marital debt, and as such the entire credit card balance can be considered in Equitable Distribution.

There are exceptions to this rule. For example, any inheritance or gift received by one spouse during the marriage is not considered Marital Property, unless that gift or inheritance is (a) used to purchase an asset in joint names and/or (b) deposited into a jointly-titled account. In those instances, the entire value of the gift and/or inheritance is considered as having been "gifted" to the marriage and considered marital asset.

To further, complicate matters, even if the gift or inheritance is placed into a account titled only in the recipient spouse’s name, any increase in value on that account between the date of the gift or inheritance and date of separation is considered Marital Property.

My former spouse/mother/father has primary physical custody of our children, and I am paying child support. However, every time I see my children, they are wearing old clothes and always seem to need school items or other necessities. Am I entitled to an accounting from the other party as to how they are spending the child support?

Answer: No. You have no right to ask the custodial parent how he or she spends the child support you pay. The one exception is if you are being asked to pay for (or reimburse the other parent) for a child’s medical, dental, prescription and/or orthodontic costs. In all child support Orders, the custodial parent is required to pay the first $250 per child/per calendar year for out of pocket expenses, after which you are required to pay the percentage of those costs specified in the Order. In those cases, you are entitled to documentation (a) proving that the custodial parent has paid the first $250 and (b) the invoice (or proof of payment if the custodial parent paid the entire amount).

My spouse and I have decided to separate and have agreed on how to divide our assets. Can you represent both of us in the divorce case?

Answer: No. Under the Rules of Professional Responsibility and Code of Ethics, an attorney may only represent one party in a divorce case. Further, the lawyer can only give legal advice to his or her client. It is extremely unwise to represent yourself in a divorce proceeding.

A friend of mine who went through a divorce told me she is getting more child support/alimony/property than I am getting. Why can't I get the same?

Answer: Many times in divorce/custody/child support proceedings you will hear from relatives and friends about their own experiences. However, you must remember that every case is unique and comparing any two cases is like comparing apples to oranges. Even if you have been through a divorce previously, your current case will be much different that the prior experience.

What You Need to Know About Civil Litigation

Fri, 22 May 2020 15:29:16 GMT

A Civil Law Attorney Can Help Determine Your Best Course of Action

Civil litigation may occur when parties – individuals, businesses, and other entities - have a dispute. Civil law consists of non-criminal cases. Typically, civil cases end with some form of monetary compensation.

There are many types of cases that fall under the civil litigation umbrella: contract and property disputes, torts, complaints against municipalities, workers’ compensation disputes, special education, etc.

If possible, the Civil Litigation Attorneys at Bingaman Hess will maximize your recovery and reduce your expenses by attempting to settle disputes out of court. However, if a trial is necessary, the Civil Litigation Attorneys at Bingaman Hess will skillfully navigate the judicial proceedings and attempt to achieve a favorable outcome for you.

Civil litigation typically follows several phases: investigation, pleadings, discovery, and trial. If a party is dissatisfied with a final ruling, further redress may be sought via an appeal. The Civil Litigation Attorneys at Bingaman Hess are experienced in appellate matters should an appeal be necessary.

Investigation

The initial step in many civil litigation cases is an investigation of the relevant case facts. During the investigation, it is sometimes necessary to interview clients, gather and review relevant documents, locate witnesses, take witness statements, etc.

The investigation can serve many purposes. It helps the attorney determine if a plaintiff has adequate evidence to file a lawsuit, or if a defendant has evidence to properly defend a case. It also helps gather information for the case moving forward.

Pleadings

In most civil cases, an attorney will file a variety of pleadings and motions on behalf of his or her clients to prosecute or defend a lawsuit.

A plaintiff’s attorney will initiate the lawsuit by filing a complaint. The complaint explains in detail the plaintiff’s claims against a defendant and describes the harm that the plaintiff alleges the defendant caused. It also sets forth the legal basis for the plaintiff’s claims.

After investigating the allegations in the complaint, a defendant’s attorney will normally draft an answer. The answer sets forth the defendant’s side of the dispute.

Sometimes, before the answer is filed, the defendant’s attorney may ask for clarifications or corrections to the complaint or even ask that the court dismiss part or all of the lawsuit via preliminary objections. When this occurs, the complaint may be revised, or it may be dismissed.

The defendant’s attorney may also file a counterclaim against the plaintiff, which alleges how the plaintiff harmed the defendant and should be held liable.

Discovery

During the discovery process, the attorneys exchange and process information related to the case. That information is used to identify strengths and weaknesses and to develop a strategy for trial.

Attorneys may use a variety of methods to gather information from the opposing side, such as interrogatories, depositions, requests for documents, and requests for admissions. They may also retain an expert to collect, process, and analyze physical evidence or to provide a medical opinion. The experts provide written reports to be used as evidence in the case and sometimes testify at trial.

During the discovery process, the attorneys may file additional motions. Those motions may request the court to exclude evidence or order a party to produce certain documents or other evidence.

Either party may also file a motion for summary judgment that requests the court to dismiss all or part of a party’s case. If summary judgment is granted in whole, not part, there is normally no trial—the judge grants judgment in favor of the moving party in such circumstances.

Trial

A civil trial can be a bench trial or a jury trial. If it is a jury trial, attorneys question potential jurors in a process called “voir dire.”

The trial begins with opening statements, during which each attorney outlines his or her case. After the opening remarks, the plaintiff presents evidence – in the form of documents, exhibits, and testimony – to support their claim. Then the defendant presents his or her evidence.

After each witness is questioned, the opposing attorney has the opportunity to cross-examine the witness. Sometimes, the plaintiff presents rebuttal evidence after the defendant presents their argument.

Once all evidence has been presented, both attorneys give closing arguments, and – if it is a jury trial - the court instructs the jury on the law that is to be applied to the evidence presented.

In a jury trial, the jury deliberates and reaches a verdict. In a bench trial, the judge delivers his or her findings with a verdict.

Appeal

If a party is dissatisfied with a final ruling, he or she can file an appeal and request that an appellate court reviews the decision of the trial court or jury. Each party presents their arguments to the appellate court by submitting briefs and a record of evidence from the trial court. If the appellate court does not find an error in the trial court proceedings, it will affirm the verdict. If it does find an error, the appellate court can order a new trial or take other steps like a reversal of the trial court’s decision.

Do You Need a Civil Litigation Attorney?

If you have a potential claim or have been sued, one of the experienced Civil Litigation Attorneys at Bingaman Hess can help determine your best course of action. They can provide professional advice and guide you through the complicated legal process – from the initial filing of a complaint to trial and appeal if necessary - to help ensure the best outcome. Please call Bingaman Hess to assist you with your legal needs at 610.374.8377 or find us online .

What Parents Need to Know About the Individuals With Disabilities Act

Fri, 22 May 2020 15:21:49 GMT

The Individuals with Disabilities Education Act (IDEA) is the federal special education statute that was enacted to ensure that every child in the U.S. – including those with disabilities – has access to free public education that fits their needs; however, there are still times parents need to fight for that access, and the Special Education Law attorneys at Bingaman Hess can become a parent’s greatest ally in that fight.

Here’s what parents need to know about IDEA to obtain the best outcome for their child.

What is IDEA?

According to the National Center for Education Statistics , approximately 14% of all public school students received special education services in the 2017/2018 school year.

The IDEA is designed to ensure that children with disabilities (from birth through high school graduation or until they turn 21) receive a Free Appropriate Public Education (FAPE). This is accomplished by mandating that schools find students who may have disabilities and evaluate those students at no cost to their families. If it is determined that a student has a disability, the school must provide special education and related services that meet those students’ needs and allow them to progress in school.

States cannot contradict IDEA or provide less than the law requires, but they can interpret IDEA rules and pass their own requirements.

Who is Eligible for Special Education?

The IDEA states that students with certain types of disabilities that “adversely affect” their school performance may qualify for special education. Here is a list of those disabilities:

Specific Learning Disabilities (SLD), such as Dyslexia, Dysgraphia, Dyscalculia, Auditory Processing Disorder, and Nonverbal Learning Disability
Other Health Impairments, such as ADHD
Autism Spectrum Disorder
Emotional Disturbances, such as bipolar disorder, obsessive-compulsive disorder, and depression
Speech or Language Impairment
Visual Impairment/ Blindness
Deafness
Hearing Impairment
Deaf-Blindness
Orthopedic Impairment, such as cerebral palsy
Intellectual Disability, such as Down syndrome
Traumatic Brain Injury
Multiple Disabilities

What is the Process to Access Services Under IDEA?

The Evaluation

The first step to accessing services under IDEA is the evaluation. Either the school or the parent or guardian can request an evaluation, but a parent or guardian must give their consent for the assessment.

Whether your child is homeschooled or attends public or private school, you have the option of a free evaluation by the school district or a private evaluation that you pay for. The assessment is performed by a team of professionals – such as psychologists, special educators, and vision or hearing specialists.

The evaluation looks at all areas of the suspected disability, such as vision, hearing, self-help skills, social-emotional health, and academic performance. The evaluation will determine if your child is eligible for special education services.

An Evaluation should not be confused with a Functional Behavior Assessment, which looks for behavioral issues. A functional behavior assessment may be part of an evaluation.

The Individualized Education Program or Plan (IEP)

If the evaluation determines that your child is eligible for special education services, an IEP is created by the team of professionals who performed the evaluation. The IEP is designed to address each student’s individual needs and lists the specific type of help and services the child will receive to reach his or her full potential.

The IEP Meetings

Your next step is an IEP meeting to review the IEP, map out the plan, goals, services, and support, and make adjustments to the plan if necessary. The first IEP meeting launches your child’s special education program, and subsequent meetings assess your child’s progress and if services need to be adjusted. You will attend IEP meetings once a year for as long as the IEP is in place.

What if You Don’t Agree with the Evaluation or the IEP?

IDEA is designed to give parents and legal guardians a say in the decisions made regarding their child’s education. Therefore, if you do not agree with the evaluation or the IEP, there are steps you can take.

As part of the IEP team, you can call an IEP team meeting to discuss their concerns.
You can ask for mediation where a neutral third-party helps to work out a legally binding solution.
If you believe there is a violation of IDEA, you can file a complaint for a Due Process Hearing.
If you do not win the due process hearing, you can file a civil lawsuit in federal court.
Another option if you believe there is a violation of IDEA is to file a State Complaint, which is a letter to the state department of education requesting an investigation.

How to Determine the Best Course of Action

Knowing the best course of action to ensure the quickest decision that is in the best interest of your child and his or her education can be challenging. The Special Education lawyers at Bingaman Hess can help ensure that your child gets what he or she needs – and has every right to under federal and state law. Give us a call at 610.374.8377 or find us online .

Who Needs a Legal Guardian, and Why?

Mon, 20 Apr 2020 19:07:16 GMT

As Family Law attorneys, we’re often asked questions about guardianship.

As Family Law attorneys, we’re often asked questions about guardianship. What is a guardian? Who needs a guardian, and why? Every person, every family, and every situation is unique.

What is a Legal Guardian?

A legal guardian is someone who has legal authority and responsibility to care for all or some of another person’s (called a ward) personal and property interests. A guardian can make decisions on someone’s behalf when they are unable to do so. Typically, legal guardianship is for minors, developmentally disabled adults, and older adults who have become incapacitated.

Different types of guardianship determine how much authority a guardian has and what decisions they can make:

• Full guardianship allows the guardian to make all decisions on behalf of the ward.

• Limited guardianship allows the guardian to make certain decisions.

• Co-Guardianship allows two guardians to make all or certain decisions on behalf of the ward.

• Short Term Guardianships allow guardians to make decisions for a period of time during emergency situations until the ward can make his or her own decisions.

• Guardian ad Litem is a guardian that is appointed by the court to represent the best interest of the ward during legal proceedings.

Here are some of the decisions a legal guardian may be able to make on behalf of the ward:

• Financial decisions

• Medical Care

• Where the person will live

• Where the ward will go to school

A guardian can be selected by an individual, such as the ward’s parents, or the court. In most states, anyone who is 18 years or older can become a guardian.

Who Needs a Legal Guardian, and Why?

Minors of Deceased Parents

Typically, a parent or parents have natural guardianship over their biological children who are under 18 years of age. And, usually, once that child turns 18, that natural guardianship is done, and he or she can make legal decisions on their own behalf.

However, if both parents of a minor are deceased, someone else needs to be designated as a guardian. The parents can plan who that guardian will be in their estate plan. If the parents have not designated a guardian in advance, the court will appoint a guardian, which can cause complications.

• The court-appointed guardian may not be the person the parents would want to take care of their children.

• If a parent has not appointed a guardian, family members could end up in a legal battle over who cares for the child, causing more stress for the children and possibly destroying family relationships.

• There are legal costs associated with guardianship proceedings.

• A court-appointed guardian will be required to seek court approval for many actions and submit detailed yearly reports until the child turns 18.

• Once that child becomes 18, he or she receives any estate that remains whether or not he or she is mature enough to handle it.

You can avoid all this by designating a guardian in your will, set up a trust for him or her, so they receive the balance of the estate at an age they are more prepared for it and name a trustee to manage the estate until that time.

A Child With Cognitive Disabilities

As we said earlier, parents have guardianship of a child until he or she turns 18. That includes children with cognitive disabilities. If you have concerns about your child’s ability to care for themselves or make good decisions for themselves, you can petition the court to be the child’s guardian and name a successor guardian after you die or are no longer capable of caring for the child.

Aging Adults With Decreased Cognitive Function

According to the World Health Organization , approximately 50 million people have dementia, and there are nearly 10 million new cases every year. It defines dementia as “a syndrome in which there is deterioration in memory, thinking, behavior, and the ability to perform everyday activities.”

Often, a person with dementia is unable to make rational or informed decisions for themselves or even care for themselves properly. If that person refuses assistance or care, it can be dangerous.

If you are concerned about an aging parent or loved one’s ability to make rational decisions, legal guardianship gives you the legal right to make decisions for them.

What is Your Next Step?

The experienced Family Law and Elder Law Attorneys At Bingaman Hess can help ensure that you and your loved ones are taken care of no matter what happens. Give us a call at 610.374.8377 or find us online .

How to Collect Payment From Customers

Fri, 10 Apr 2020 19:21:42 GMT

A collection attorney can help collect payments from customers, but may not be your first step.

When a client refuses to pay or pays late, it has a significant impact on your business’s cash flow, and healthy cash flow is one of the most essential elements of any successful business. In fact, a U.S. Bank study found that 82% of failed businesses said that cash flow problems were a factor in the failure of their business.

Getting paid on time is a challenge for just about every business. In fact, one in ten invoices are paid late, according to GlobeNewswire , and companies spend an average of 15 days per year chasing late payments. That is a significant amount of time that could be spent doing something more productive.

Collecting payments from customers can be a balancing act between getting the money you are due and maintaining good customer relationships. Therefore, it’s important to remember that there are many reasons customers may not pay on time: they may have lost the invoice, forgot to pay it, or maybe they don’t have the funds to pay it.

Regardless of the reason, late and non-payments can harm the health of your business. Fortunately, there are steps you can take to ensure that they 1) get paid and 2) get paid on time.

Preventative Measures

Avoiding late or non-payment should always be your first goal. If you have the right systems in place and communicate pertinent payment terms with your customers before starting a project, you’ll save yourself a lot of time down the road.

First, have payment terms in place and make sure your customers understand those terms before starting any project. They should know how much they will be expected to pay, if your quote is an estimate or a final cost, when they are expected to pay both deposits and final payments, how they can pay, and if there are any consequences to late payments, such as late fees.

Depending on the type of project, one way to minimize risk is to require a deposit of 25 to 50% of the total cost of a project (or even full payment) before starting work. Another option is offering a discount for early payment to incentivize customers to pay early or at least on time.

Don’t wait to send invoices. Send invoices as soon as a project is completed.

Make it easy for customers to pay. The more options you offer, the easier it is for them to pay you on time. And with all the technology available today, customers expect those options. Consider accepting credit cards, ACH transfers, checks by phone, or payments through PayPal.

Have a system for tracking payments. Depending on the volume of sales, your system could be as simple as reviewing your receivables once a week and developing a system to follow up on late payments. Or you can use technology to track payments and automatically send alerts when a payment is past due.

If Preventative Measures Don't Work

As we said earlier, there can be several reasons why a customer’s payment is overdue. Start by assuming it’s something innocuous, such as forgetting to make a payment or misplacing an invoice.

As soon as you notice a payment is late, send a polite and professional email, making sure they received the original invoice, letting them know the payment is past due and reminding them how they can pay it. Attach the original invoice to the email. You may choose to send a series of emails – one after three days, then one week, then 15 days, etc. - or go to the next step – a phone call.

When you call your customer remember that maintaining good customer relationships and your business’s reputation is essential, so be polite. Try to speak directly with the customer. Ask what is preventing them from making the payment and try to work out a solution. You may want to try to get a credit card payment over the phone. At the very least, have a next step, such as an agreed-upon date that they will get the payment to you or perhaps a partial payment to start.

If that doesn’t work, try speaking with someone in the billing department. They may have more information about the status of your invoice and any issues delaying the payment.

If that doesn’t work and you haven’t already done so, stop all work for that customer. It could incentivize them to pay you to keep projects moving forward and keep you from losing more of your time and money.

Legal Action

If these steps don’t result in payment, you may have to consider seeking legal action. Sometimes a formal demand letter from an attorney’s office – a certified written letter that threatens legal action if the debt is not paid - is enough to get a customer to pay.

If that doesn’t work, you can consider taking it to small claims court, which is relatively quick and inexpensive. In Pennsylvania, if the amount due is $12,000 or less, you can take your customer to small claims court.

If the amount is above $12,000 and less than $50,000, you can file suit in the Court of Common Pleas and attempt arbitration. Arbitration is overseen by a panel of three local attorneys rather than a judge. It is less formal than court, but the arbitrator’s judgment is enforceable. This approach tends to be relatively quick and inexpensive.

An experienced attorney at Bingaman Hess can help you determine what course of action may be best in your particular situation. Please contact us at 610.374.8377 or find us online .

What You Need to Know About the Adoption Process

Tue, 31 Mar 2020 15:06:52 GMT

A family law attorney can help you navigate the process of adopting a child.

Every child deserves to grow up in a safe and loving home, and adoption helps make that possible. Perhaps, you’ve decided to open your heart and your home to a child. Now what?

A family law attorney can help you navigate the process of adopting a child, but here are some of the basics from the experienced adoption attorneys at Bingaman Hess.

What is Adoption?

Adoption is the act of a person (typically an adult) formally becoming the legal guardian of another person (usually a child) and taking on all of the rights and responsibilities of a parent. The adopted person (adoptee) becomes the legal heir of the person who adopted them (adopter) and terminates any legal rights with the natural parents.

The adoption can be made through an agency – public or private - or through independent contact with the biological parents.

There are two types of adoptions – open and closed. With a closed adoption, the birth parents and adoptive parents never meet or exchange information, and the birth parents relinquish all rights over the child. An open adoption allows the birth parents and the adoptive parents to have contact before and/or after the adoption and sometimes allows for visitation and contact rights.

While just a few decades ago, closed adoptions were more common, 90% of today’s adoptions are considered open adoptions. According to American Adoptions , the increased transparency, information, and communication of an open adoption is often beneficial to everyone.

Every open adoption is different, ranging from semi-open to fully open. Information that may or may not be shared includes the first names of the birth and adoptive parents, the medical history of the birth parents, and contact information for birth and adoptive parents. Visits with the birth parents may or may not allowed in an open adoption.

Who Can Adopt?

The U.S. Constitution does not give every citizen the right to adopt. Individual states can limit who is permitted to adopt. Pennsylvania - one of the least restrictive states when it comes to who can legally adopt - allows any person to adopt or be adopted. If the person being adopted is twelve or older, his or her consent is required for the adoption. In certain circumstances, a minor may even adopt another minor, which is most common when one sibling adopts another sibling.

In the majority of adoptions in Pennsylvania, the birth parents must consent to the adoption unless it is determined that the birth parents are unable to care for the child properly.

The Adoption Process

Adoption begins with the termination of the parental rights of the adoptee’s biological parents, which permanently ends all legal parental rights of the birth parent. This can be voluntary or involuntary. In Pennsylvania, if the birth mother voluntarily terminates her rights, she has thirty days to change her mind and take the child back.

If the biological parents do not want to terminate their parental rights, they have an opportunity to speak to the court, and the petitioner must provide evidence that the adoption is in the child’s best interest.

Once that the parental rights of the biological parents are terminated, the person who wants to adopt petitions the court to grant the adoption. They have to prove that they are suitable to become adoptive parents. The state adoption agency conducts an investigation and provides a report and recommendation to the court.

These reports include detailed information, including the petitioner’s religious background, financial status, criminal history, moral fitness, and more. The court can accept or reject the agency’s recommendation.

How Can an Attorney Assist in an Adoption?

There are many laws surrounding the adoption process, many decisions need to be made, and many legal documents that need to be created and signed. An attorney experienced in adoption law can help ensure that the process goes as quickly and as smoothly as possible.

Give us a call at 610.374.8377 or find us online to discover how the experienced and compassionate family law attorneys at Bingaman Hess can help.

Save on Civil Litigation Costs With Alternative Dispute Resolution

Thu, 26 Mar 2020 20:49:44 GMT

Civil Litigation Can Be Expensive

The most common way to resolve a legal dispute is through Civil Litigation . Civil litigation involves a defendant, a plaintiff, a judge, and sometimes a jury. The defendant and plaintiff – or more often, their attorneys – present information about the dispute through hearings and trials. The judge or jury listens to the evidence presented and makes a ruling.

Civil litigation can be a long, expensive, and often unsatisfying experience. In addition to attorney’s fees, you are also looking at other costs, such as filing, copying, expert witness, and court reporter fees, etc., along with your time. Plus, you may not get what you want out of it and end up owing the other side money if the judge or jury side with the other party.

According to a Duke Law School study, between 2000 and 2008, the average cost of litigation for corporations increased from $66 million to $115 million. That number does not include judgments or settlements.

Often, indirect costs, such as keeping key personnel from productive activities, tarnishing reputations, and destroying profitable relationships with former business allies, push that cost even higher, according to Harvard Business Review.

While you may not be able to avoid a lawsuit, you can often control those costs by working with an experienced attorney, like the team at Bingaman Hess. Our goal is to resolve your legal disputes as efficiently as possible, which is why we are often able to resolve your legal disputes outside of court, saving you both time and money.

How do we do this? We use something called Alternative Dispute Resolution whenever possible. Alternative Dispute Resolution (ADR) uses alternative methods – outside the court system – to resolve legal disputes. Some of those methods include settlement negotiation, mediation, and arbitration.

Settlement Negotiation

In a settlement negotiation, the two parties work together to resolve the legal dispute outside of court. That could mean a discussion or a letter explaining the problem and what you want or feel you are entitled to. It may include notifying the other business or individual that you are considering a lawsuit if you cannot resolve the dispute through negotiation.

If the two parties can negotiate a settlement, they should both sign a detailed settlement agreement that outlines all of the terms. If one party does not do as promised, the other party can sue them. It is even possible to structure the agreement so that it becomes a court judgment if the party does not do what was promised in the signed agreement.

Mediation

With mediation, a neutral third party (mediator) facilitates a discussion between the parties and tries to help them negotiate a resolution. The mediator – often a trained professional who understands different mediation techniques - does not make decisions regarding the dispute but encourages both parties to reach an agreement that is acceptable for both parties.

If the two parties can’t come to an agreement, the dispute can move on to arbitration or court.

The significant advantage of mediation is that if successful, both parties receive a satisfactory resolution to their legal dispute. Often, mediation is the least expensive ADR method and can often preserve the relationship between the two parties. The disadvantage of mediation is that it is nonbinding.

Arbitration

With arbitration, a third party (the arbitrator) listens to each side’s argument, reviews relevant evidence, and makes a decision about the dispute – similar to a judge. It is typically less formal than litigation and is based more on facts than on legal issues.

Arbitration can be simpler, faster, and less expensive than taking a dispute to court. In lower-dollar-value cases (typically under $50,000), your case may be placed in the court’s mandatory arbitration program.

The decision made by an arbitrator is binding and can’t typically be appealed to a higher court. Again, it is a less expensive alternative to civil litigation.

An expensive and time-consuming trial in court can often be avoided with one of these alternative dispute resolution methods, saving you both time and money and often frustration or disappointment.

What if Alternative Dispute Resolution Doesn’t Work?

If a legal dispute cannot be resolved using an alternative dispute resolution method, you will want an experienced lawyer to represent you in court. Bingaman Hess’s team of litigation lawyers know how to build a strong case on your behalf and will aggressively represent you in court to produce the best possible result for you.

If you have a legal dispute that needs to be resolved, give Bingaman Hess a call at 610.374.8377 or find us online . One of our experienced litigation attorneys can help.

Is an Uber driver an employee or independent contractor?

Wed, 12 Feb 2020 14:31:32 GMT

Are Uber and Lyft drivers employees or independent contractors?

The flood of Uber and Lyft drivers has raised another question under the Workers’ Compensation Act: are Uber and Lyft drivers employees or independent contractors?

Of course, Uber and Lyft and their workers’ compensation insurance carriers argue they are independent contractors. Injured workers argue they are employees, therefore, entitled to workers’ compensation benefits. This new “side gig” work has opened up a new area of litigation under the Pennsylvania Workers’ Compensation Act, with differing results.

In response, on January 14, 2020, members of the Pennsylvania House of Representatives proposed House Bill No. 2215, the “Application-Based Company Workers’ Misclassification Act”. Pursuant to this proposed legislation, workers of such companies, i.e. Uber and Lyft, are presumed to be employees, not independent contractors. The application based company, in order to rebut the presumption, must establish all of the following:

(1) The person is free from the control and direction of the application-based company in terms of the performance of the work, both in fact and in the contract;

(2) The person performs work that is outside the usual course of the application-based company’s business; and

(3) The person is customarily engaged in an independent established trade, occupation or business of the same nature as that involved in the work performed.

House Bill 2215 would impose criminal penalties for the misclassification of application-based workers. An intentional violation would be a misdemeanor while a non-intentional violation would be a summary offense.

Whether House Bill 2215 will become law is now in the hands of the full House of Representatives. We will monitor the status of House Bill 2215 as it progresses through the legislative channels. If you have any questions as to how House Bill 2215 could impact your company, contact one of the experienced workers’ compensation attorneys at Bingaman Hess.

IEP Meetings Qualify Under the Family and Medical Leave Act

Tue, 28 Jan 2020 17:57:02 GMT

The United States Department of Labor issued an Opinion in August of 2019 indicating that a parent’s attendance at their child’s IEP meeting qualifies as leave coverage under the Family and Medical Leave Act of 1993 (FMLA). FMLA is a United States labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons. Many parents of children with special needs may find it easier to obtain FMLA coverage for their child’s doctor or therapy appointments, they may have not had the same response when asking for coverage to attend their child’s IEP meetings.

In rendering its Opinion, the U.S. Department of Labor pointed out that when attending an IEP meeting, a parent is “caring for a family member” who has a “serious health condition”. The Opinion points to numerous court cases where FMLA coverage was approved, even though the coverage was not for a traditional doctor’s appointment, such as finding suitable childcare for a child on the Autism spectrum.

The U.S. Department of Labor also stated that the FMLA does not focus on “treatment” for the serious health condition, but rather the “care” that is being provided for the family member with a “serious health condition”. Thus, a parent attending an IEP meeting for their child with a “serious health condition” is making a decision about their child’s care, even though the care was not being provided by a facility for medical treatment.

The Department of Labor’s Opinion provides a parent with the ability to attend their child’s IEP meetings without fear of losing their job. The parent must continue to provide the necessary documentation to support their request for leave. However, a parent’s employer can no longer deny such a request.

If you are having difficulty obtaining FMLA coverage to attend your child’s IEP meetings or having difficulties with your school district over your child’s IEP, contact one of the experienced Special Education Attorneys at Bingaman Hess.

Non-Health Care Providers Must be Given Due Process in Utilization Review Requests

Tue, 21 Jan 2020 17:37:41 GMT

Beginning December 12, 2019 and onward, all non-health care providers such as pharmacies, testing facilities or providers of medical supplies, must be provided notice and an opportunity to intervene in the Utilization Review Determination. Keystone Rx, LLC v. BWC Fee Review hearing Office (Compservices Inc./AmeriHealth Casualty Services).

In Keystone, a Utilization Review Determination was issued wherein it was determined that medical treatment, including prescriptions issued by Keystone Rx, LLC, was not reasonable and necessary. While the Utilization Review request was pending, Keystone Rx, LLC, issued the medications, without payment. After the Utilization Review Determination was issued, Keystone Rx, LLC attempted to obtain payment from the insurance company via the Fee Review Process. The Fee Review Hearing Officer found that it had no jurisdiction to decide issues involved with the Utilization Review Determination. Keystone Rx, LLC appealed to the Commonwealth Court, arguing that its due process rights were violated as it had not been a party to the Utilization Review request.

The Commonwealth Court agreed with Keystone Rx, LLC in that pharmacies, and other non-health care providers, have a due process interest in the Utilization Review process. While the Court issued its ruling, it did not provide any guidance as to the type of notice the non-health care providers must receive, nor did it provide any guidance as to how the providers should intervene, other than to state “under the usual standards for allowing intervention”. While the Court did not specifically tell the legislature that it needs to address this situation, the Court suggested same.

Pennsylvania Rule of Civil Procedure 2328 sets forth the procedure for intervention in a civil action. Pa.R.C.P 2328 requires the party which seeks intervention in a civil action to file a petition with the court of record setting forth the reasons its intervention should be allowed.

Until such time as the Bureau of Workers’ Compensation or the Legislature issue guidance as to how a non-health care provider can intervene in a Utilization Review request, it is suggested that a copy of the Utilization Review request be served upon any non-health care provider who may be impacted by the results of the Utilization Review Determination.

To discuss the impact of Keystone Rx, LLC, contact one of the experienced workers’ compensation attorneys at Bingaman Hess.

What is an IEP?

Tue, 07 Jan 2020 17:52:21 GMT

An IEP is an Individualized Education Plan for a Child with special needs. It contains information about:

Child’s current academic levels
Child’s current behavioral levels
Child’s educational goals for the school year
How the school will ensure the Child reaches those goals

How does a Child get an IEP?

Step 1:
Parent send Director of Special Education of School District a Letter advising of:

Child’s Name
Child’s Birthdate
Local School Child Attends
Parent believes Child has a Special Need which affects their education and
Requesting “Permission to Evaluate” form be sent home

Step 2:
Parent returns Signed “Permission to Evaluate Form” to Director of Special Education of School District

Step 3:
Within 60 SCHOOL days of school district’s receipt of signed Permission to Evaluate Form, school district must complete Child’s Evaluation

Step 4:
Parents will receive completed Evaluation Report

IEP Meeting must be scheduled within 30 days of date of Evaluation Report Invitation to Attend IEP Meeting will be sent to Parents for their signature. Parents must be provided 10 days between receipt of draft IEP and IEP meeting date. Participants at IEP Meeting must include:

Parents
Regular education teacher(s)
Special Education
All Specialists that Evaluated Child
School Principal or School Administrator

Step 5:
At the IEP Meeting, the team will discuss:

Results of Evaluation
How results impact Child’s education
Child’s Educational and/or Behavioral Goals for School Year
Accommodations and Specially Designed Instructions that school will make to ensure Child reaches goals
Related Services Child may receive at School- ex. Speech therapy

Step 6:
When IEP Team agrees on IEP, School District issues Document called: Notice of Recommended Educational Placement “NOREP”

If Parents agree with IEP, Parent sign NOREP indicating Agreement with IEP
If Parents DO NOT agree with IEP, Parents signs NOREP indicating NO Agreement with IEP. Parents must note if they want to have (1) Another meeting (2) Mediation or (3) Due Process Hearing.
If Parents want Mediation or Due Process Hearing, they must contact Office of Dispute Resolution to arrange for it.

To learn more, contact the Special Education attorneys at Bingaman Hess.