Legal Perspectives

Attorneys at the law firm Wolf, Baldwin & Associates, P.C. provide a variety of posts on legal issues affecting the business community.

like0

The Terrible “D” Word

Just the word “divorce” is scary enough for most people, without even the consideration of what the process entails. Add in the myriad issues and problems that could crop up and most people find the entire process to be draining and frustrating. Having an understanding of the process and a lawyer whose practice style aligns with your goals can help alleviate some of the headache involved.

Should Employers Cooperate With Workers’ Compensation Subrogation?

People generally know that they cannot sue their employers when they get hurt at work.  It is the foundation of our system of workers’ compensation in Pennsylvania (and in all other states too) that the tradeoff for receiving workers’ compensation benefits is that employers are shielded from liability even if they are negligent in causing injuries to their employees.  But most people are not as familiar with the concept of workers’ compensation subrogation, which arises when injured workers sue so-called third parties and not their employers.

Urban Legends in Estate Law — Fact vs. Fiction

As an Estate practitioner, I have found that lately I am spending more time listening to my clients tell me about what they think the law is when it comes to Estate planning and Estate Administration, as compared to actuality.  People hear all kinds of things from friends, family and of course, what people try to use as a replacement for a licensed attorney: the Internet. 

Therefore, I think it would be helpful to shed light on what’s true and what is not on some of the most common myths I am hearing.  Here they are:

 

Using Trademarks to Protect Your Brand

In business, branding is the name of the game today. Your brand is your identity, and your identity is usually tied to your success. How you define your business and your product or service to clients and consumers is crucial to your ability to attract and maintain loyal clients and customers. This is just as true for the Fortune 500 Corporation as it is for the local real estate agent or accountant. Your brand communicates who you are and the quality of your product or service.

All Is Well – Remain Calm!

As we move further away from this contentious election season, I kept thinking about a scene from the movie “Animal House” where Kevin Bacon in his first movie role (which led to many and the parlor game “Six Degrees of Kevin Bacon”), stood in the middle of the town during the Tri Delts’ assault on the parade and screamed “All is well, remain calm” while mayhem erupted around him.  This clip, in the interest of proper footnoting, can be found at www.youtube.com/watch?v=zDAmPIq29ro .  Please watch the video now and I’ll wait

Can Employers Test for Drugs After Work Injuries?

The answer to this question used to be very clear.  For decades, many employers have had internal policies that require that a drug test is mandatory after any injury suffered at work.  The mandatory test was usually not required because of any circumstances surrounding the injury, but rather, it was mandatory because an injury took place.  Further, refusal to take such a drug test was usually grounds for termination.

“Cat’s Paw” Discrimination Liability?

Every employer knows how difficult it is to stay in compliance with employee-protection laws.  Thanks to a ruling out of New York’s United States Court of Appeals for the Second Circuit on August 29, 2016, compliance with anti-discrimination laws may now be a little harder.  The ruling comes in the case of Vasquez v. Empress Ambulance Services, where the Second Circuit has just adopted a “Cat’s Paw” theory of liability for holding an employer liable for retaliatory action taken by one employee against a co-worker.

RULES, RULES, RULES

One of the functions of government is to establish laws and other rules to govern and regulate how people treat themselves, others, and their property.  All levels of government enact laws on many different topics.  Obviously, the Federal government enacts laws that potentially impact the entire country, typically on a more broad scale.  In addition to these laws, there is also a comprehensive series of administration regulations that accompany the laws essentially to fill in the blanks and provide specific detail where the law, itself, is vague or general. 

“It’s Not Fair” – Navigating PA Domestic Relations Support Proceedings

Most people who leave a proceeding for child support, spousal support or alimony pendente lite end up muttering the same words – no matter which side they are on: “It’s not fair.” This is usually followed by, “I can’t afford to live on this.” Oftentimes the feeling comes from the lack of control over the situation and being unfamiliar with the process. The best way to combat this feeling is to come to an agreement with the opposing party, which is more often easier said than done.

Medicare Conditional Payments – Lawyers Beware

Most lawyers who practice injury law know at least vaguely of the existence of the Medicare Secondary Payer Act.  In general, the Medicare laws require that if there is a primary payer, such as a health insurance plan, workers’ compensation, or automobile insurance, which covers an individual’s medical expenses, Medicare should always take a back seat; i.e. Medicare should always be a secondary payer.  42 U.S.C.

The Terrible “D” Word

Just the word “divorce” is scary enough for most people, without even the consideration of what the process entails. Add in the myriad issues and problems that could crop up and most people find the entire process to be draining and frustrating. Having an understanding of the process and a lawyer whose practice style aligns with your goals can help alleviate some of the headache involved.

Should Employers Cooperate With Workers’ Compensation Subrogation?

People generally know that they cannot sue their employers when they get hurt at work.  It is the foundation of our system of workers’ compensation in Pennsylvania (and in all other states too) that the tradeoff for receiving workers’ compensation benefits is that employers are shielded from liability even if they are negligent in causing injuries to their employees.  But most people are not as familiar with the concept of workers’ compensation subrogation, which arises when injured workers sue so-called third parties and not their employers.

Urban Legends in Estate Law — Fact vs. Fiction

As an Estate practitioner, I have found that lately I am spending more time listening to my clients tell me about what they think the law is when it comes to Estate planning and Estate Administration, as compared to actuality.  People hear all kinds of things from friends, family and of course, what people try to use as a replacement for a licensed attorney: the Internet. 

Therefore, I think it would be helpful to shed light on what’s true and what is not on some of the most common myths I am hearing.  Here they are:

 

Using Trademarks to Protect Your Brand

In business, branding is the name of the game today. Your brand is your identity, and your identity is usually tied to your success. How you define your business and your product or service to clients and consumers is crucial to your ability to attract and maintain loyal clients and customers. This is just as true for the Fortune 500 Corporation as it is for the local real estate agent or accountant. Your brand communicates who you are and the quality of your product or service.

All Is Well – Remain Calm!

As we move further away from this contentious election season, I kept thinking about a scene from the movie “Animal House” where Kevin Bacon in his first movie role (which led to many and the parlor game “Six Degrees of Kevin Bacon”), stood in the middle of the town during the Tri Delts’ assault on the parade and screamed “All is well, remain calm” while mayhem erupted around him.  This clip, in the interest of proper footnoting, can be found at www.youtube.com/watch?v=zDAmPIq29ro .  Please watch the video now and I’ll wait

Can Employers Test for Drugs After Work Injuries?

The answer to this question used to be very clear.  For decades, many employers have had internal policies that require that a drug test is mandatory after any injury suffered at work.  The mandatory test was usually not required because of any circumstances surrounding the injury, but rather, it was mandatory because an injury took place.  Further, refusal to take such a drug test was usually grounds for termination.

“Cat’s Paw” Discrimination Liability?

Every employer knows how difficult it is to stay in compliance with employee-protection laws.  Thanks to a ruling out of New York’s United States Court of Appeals for the Second Circuit on August 29, 2016, compliance with anti-discrimination laws may now be a little harder.  The ruling comes in the case of Vasquez v. Empress Ambulance Services, where the Second Circuit has just adopted a “Cat’s Paw” theory of liability for holding an employer liable for retaliatory action taken by one employee against a co-worker.

RULES, RULES, RULES

One of the functions of government is to establish laws and other rules to govern and regulate how people treat themselves, others, and their property.  All levels of government enact laws on many different topics.  Obviously, the Federal government enacts laws that potentially impact the entire country, typically on a more broad scale.  In addition to these laws, there is also a comprehensive series of administration regulations that accompany the laws essentially to fill in the blanks and provide specific detail where the law, itself, is vague or general. 

“It’s Not Fair” – Navigating PA Domestic Relations Support Proceedings

Most people who leave a proceeding for child support, spousal support or alimony pendente lite end up muttering the same words – no matter which side they are on: “It’s not fair.” This is usually followed by, “I can’t afford to live on this.” Oftentimes the feeling comes from the lack of control over the situation and being unfamiliar with the process. The best way to combat this feeling is to come to an agreement with the opposing party, which is more often easier said than done.

Medicare Conditional Payments – Lawyers Beware

Most lawyers who practice injury law know at least vaguely of the existence of the Medicare Secondary Payer Act.  In general, the Medicare laws require that if there is a primary payer, such as a health insurance plan, workers’ compensation, or automobile insurance, which covers an individual’s medical expenses, Medicare should always take a back seat; i.e. Medicare should always be a secondary payer.  42 U.S.C.

No questions have been added to this group.
No polls have been added to this group.