High Swartz - Attorneys At Law LLP

A Primer on Impeachment in the United States According to the U.S. Constitution

November 21, 2017 By Joel D. Rosen Impeachment. It is a term that has been raised by political opponents, whether or not warranted, since the ratification of the Constitution, but seemingly with more frequency since the Nixon administration. Impeachment is now being raised in discussions regarding President Trump. But what do we know about the […]

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Statute of Repose in the Context of Construction Cases

June 6, 2017 By Kevin Cornish Imagine you are a homeowner and you hire someone to perform a construction project on your house. Or, you are a contractor who performed some type of construction.  Once a job is completed, what is the maximum amount of time that Pennsylvania allow for a lawsuit to be filed […]

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Spring Cleaning Your Auto Insurance Policy: Are You Adequately Covered?

May 17, 2017 By Douglas Wayne Automobile insurance is a necessary evil.   No one likes paying for a product like auto insurance that no one wants to ever have to use.   However, the only thing worse than paying for unused automobile insurance is discovering, after an accident, that the automobile insurance you have been paying […]

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Beware of Nursing Home Admissions “Agreement”

April 26, 2017 By Eric G. Marttila Most families have faced, or will have to face at some point, the difficult decision to place an elderly loved one in a nursing home or long-term care facility.  As hard as it is to believe, when this happens, we all need to be aware that some such […]

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Breaking Down “BYOD” Policies

February 14, 2017 The explosion of smartphones, tablets and technology generally, has inevitably resulted in employees performing work tasks on their personal devices.  In the age of the ever present smartphone, and for many, the accompanying compulsion to stay constantly connected, employers and employees find themselves balancing the benefits and pitfalls of employees using their […]

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Storage Wars – Laws Governing Self-Storage Facilities

February 2, 2017 By Kevin Cornish Have you ever seen an episode of Storage Wars and wondered, can someone legally sell property in a storage facility?  Or, how can they legally do that?  Storage Wars takes place in California, and I am not here to discuss  California law.  However, Pennsylvania does have a law governing […]

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5 Tips for a Successful Estate Planning Meeting

November 3, 2016 While it is a matter often ignored for many years, preparing a Will, Power of Attorney and Advanced Healthcare Directive is  very important for any adult. In order to have a successful initial estate planning meeting, here are some questions to think about: Why do I need an estate plan? An estate […]

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Family Law

Q: What should unmarried couples consider when jointly buying a house? A: Unmarried couples would be wise to seek independent legal and financial advice prior to the joint purchase of any real estate to avoid later complications should the relationship sour. Unlike couples who divorce, unmarried couples are not afforded an equitable approach, unless they […]

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Business Law

Q: Can my business challenge the validity of a competitor’s claims in a national advertising campaign without having to engage in costly and lengthy litigation? A: Yes. The National Advertising Division (“NAD”) of the Council of Better Business Bureaus (“CBBB”) provides an inexpensive, efficient and timely procedure for the review of national advertising for truthfulness […]

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Environmental Law

Q: How do we handle the drought? A: In this Middle Atlantic region, after a winter with almost no snow, we are having a spring with almost no rain. Near-record floods last year; drought this year. New high temperature records being set monthly. What does it mean? However, you might feel about the cause, the […]

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Franchise Law

Q: I am hoping to buy a franchise. Is there anything I need to look for in the Franchise Disclosure Document (“FDD”)? A: When you are examining the FDD, you should be aware of these five (5) red flags: 1. Weak franchisor financials: If the franchisor does not have a strong balance sheet and P […]

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Municipal Law

Q: Can I file a Human Relations Complaint with a local municipality? A: The Pennsylvania Human Relations Commission (“PHRC”) receives complaints arising from allegations of discrimination based on race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap or disability. However, it has no power to resolve discrimination complaints based on sexual orientation, […]

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Alternative Dispute Resolution

Q: Lately, I have heard much discussion about consolidated or class-action arbitration, should I be concerned and is there anything I can do to avoid this type of arbitration? A: Yes and Yes. Arbitration between two parties has benefits (decreased cost; less discovery; quick resolution; confidentiality) that outweigh the disadvantages (limited appellate rights; no jury […]

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Employment Law

Q: As an employer of a non-union workforce, do I have to be concerned about the application of the National Labor Relations Act (NLRA)? A: Yes. Recently, the National Labor Relations Board (NLRB) has broadly interpreted the “other concerted action” language found in Section 7 of the NLRA. As a result, non-union employers who would […]

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