Michael R. Nesfeder
Feb. 9, 2016

Driven to Distraction: The Hard Facts of Texting and Driving

It happens every day. You notice someone veering slightly in and out of their lane. You’re at a stoplight; the light turns green and they don’t move. When you get next to them, you’re almost sure what you’re going to see – they’re on their cell phone. I’ve seen it take all forms, too. Some […]

Timothy D. Charlesworth
Feb. 7, 2016

Going Global for Smaller Businesses

Whether you want to sell goods or services overseas, or import some component of your product, it is important to understand the laws surrounding global trade. Below are just two areas; but, numerous other U.S. and foreign laws impact your business. So, it is vital that you work closely with an experienced team in the […]

Maraleen D. Shields
Feb. 2, 2016

Nursing Home Arbitration Agreements Should Be Used Cautiously

For nursing homes, it may seem prudent and efficient to have residents and/or their family sign arbitration agreements to help avoid costly lawsuits later. However, as seen in a recent Berks County case, arbitration agreements should be approached with extreme caution. Judge Jeffrey Sprecher of Berks County Court of Common Pleas overruled preliminary objections seeking […]

Maraleen D. Shields
Jan. 21, 2016

Protecting Process Not Facts: Where Peer Review and Medical Malpractice Lawsuits Intersect

In a closely watched medical malpractice action, the Michigan courts are continuing to grapple with the boundaries of peer review protection. Peer review generally refers to process by which health care professionals engage in critical analysis to improve patient care. In an effort to encourage robust dialogue and analysis, many states have developed immunity statutes […]

Marie K. McConnell
Dec. 28, 2015

Nonprofit Hospital Loses Property Tax Exemption

The New Jersey Tax Court revoked Morristown Medical Center’s property tax exemption in June, triggering $2.5M-$3M in annual taxes going forward.

Jacob M. Sitman
Dec. 14, 2015

Companies That Use Staffing Agencies Must Be Careful to Avoid Joint Employer Liability

Companies that use temporary staffing agencies can and should take steps to mitigate the risk of joint employer liability.

FLB Law
Dec. 14, 2015

Can a Facebook “Like” be Considered Defamatory?

The concept of “liking” a web site or post is relatively new in terms of the law of defamation.

FLB Law
Dec. 7, 2015

Punitive Damages Upheld in Commercial Litigation Case

In Brand Marketing v. Intertek, the Third Circuit Court of Appeals, the federal court that oversees cases in Pennsylvania, New Jersey and Delaware, faced a question of first impression under Pennsylvania law: whether punitive damages are recoverable in a negligent misrepresentation case.

FLB Law
Dec. 1, 2015

Bankruptcy Turf War Leads to Dismissal for Bad Faith

Involuntary bankruptcy is generally invoked against a failing business to ensure fairness and transparency, with the idea that a neutral trustee, or the Bankruptcy Code’s disclosure requirements, will result in fair and equal treatment of creditors.

Douglas J. Smillie
Aug. 19, 2015

Supreme Court Refuses to Allow Fees for Defending Fee Applications in Bankruptcy

Under the Bankruptcy Code, professionals such as attorneys and accountants who render services to the bankruptcy estate must seek court approval of their fees as a prerequisite to payment.