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In today’s digital age, data security is paramount for the success and integrity of any business. While we often focus on external threats - hackers, malware, and phishing scams - what many business owners overlook is the fact that their own employees - insiders - can pose significant risks to data security.   Understanding Insider Threats   Insider threats can be categorized into several main types that organizations must be aware of to protect sensitive data: Malicious Insiders: These are individuals within the organization who intentionally cause harm. Their motivations can range from financial gain, revenge, or ideological beliefs to coercion by external entities. Malicious insiders may steal sensitive data, intellectual property, or client information. They might take a job with a competitor, start a competing business, or use this information for leverage if they are terminated. Additionally, they could delete critical data, hindering operations or billing. Negligent Insiders: Employees who unintentionally cause harm through carelessness or mistakes pose a significant risk to data security. This includes actions such as sending sensitive information to the wrong recipient, using weak passwords, not logging out of systems, or using unsecured personal devices for work purposes. These errors can lead to data breaches or make the organization vulnerable to cyberattacks. Negligence also includes falling victim to phishing attacks or mishandling both digital and physical records, which further opens the door for cybercriminals to exploit vulnerabilities. Compromised Insiders: Sometimes, employees’ credentials may be stolen or compromised by external attackers. These compromised insiders are targeted through tactics like phishing or social engineering, where cybercriminals manipulate them into revealing confidential information. Attackers may then use this access to infiltrate the organization or even pose as an employee when communicating with clients, potentially causing further harm.   The Impact of Insider Threats   The consequences of insider threats can be severe, including:   Financial Loss: Insider attacks can lead to significant financial losses due to fraud, theft of intellectual property, or regulatory fines for data breaches. Reputation Damage: Publicly known insider breaches can erode customer trust and damage the organization’s reputation. Operational Disruption: Insider threats can disrupt business operations, leading to downtime and loss of productivity. Legal and Regulatory Consequences: Failure to protect sensitive data can result in legal penalties and non-compliance with data protection regulations.   Protecting Your Business   1. Implement Strong Policies Establish clear data security policies that outline acceptable use, data access, and the consequences of policy violations. Make sure your employees understand the importance of these guidelines and how they contribute to the security of your business.   2. Conduct Regular Training Regular training programs can educate employees about the risks associated with data security, including recognizing phishing attempts and the importance of strong passwords. Awareness is a powerful tool in combating threats.   3. Limit Access Follow the principle of least privilege (PoLP) by giving employees access only to the data necessary for their roles. This minimizes the risk of insider threats and prevents employees from accessing sensitive information they don’t need.  Conduct periodic audits to review and adjust access permissions as needed.   4. Implement Monitoring Systems Consider implementing monitoring systems that track data access and transfers. Anomalies can be flagged and investigated promptly, helping to deter both negligent and malicious behavior.   5. Create a Culture of Security Encourage a workplace culture that prioritizes data security. When employees understand that everyone within the organization has a role to play in protecting data, they are more likely to take security seriously.   6. Have an Incident Response Plan Prepare for the unexpected by having a robust incident response plan in place. This should detail procedures for responding to a data breach, including how to contain the breach, notify affected parties, and cooperate with law enforcement if necessary.   Addressing insider threats in data security is a complex but critical task for any organization. By fostering a strong security culture, implementing robust access controls, monitoring for suspicious activity, developing a comprehensive incident response plan, and fostering a positive work environment, businesses can mitigate the risks posed by insider threats. As technology continues to advance, staying ahead of potential threats will require continuous adaptation and vigilance. In the end, the human factor remains both a potential vulnerability and a key asset in the ongoing effort to secure sensitive data. Whether you require specific legal advice or need assistance in drafting policies, don’t hesitate to reach out to contact us to ensure your business remains compliant and protected in the evolving landscape of data security.

If you have been involved in a car accident and had your car towed from the scene, you might have had a case of sticker shock when picking it up. We have heard complaints of super high prices charged by towing companies in this situation. When you are involved in a motor vehicle accident in Pennsylvania, you have the right to choose a tow truck operator  of your preference. You are not obligated to use the tow truck company recommended by law enforcement at the scene of the accident. It is your decision, and you have the freedom to exercise this choice. However, it is important to note that while you have the liberty to select a tow truck operator, there are some things to keep in mind: 1. Speak Up! Knowing that you have a choice is the first step in avoiding high towing costs.  Tell the police officer that you have AAA or an operator of choice.  If you say nothing, then the police will select the tow company by default.  2. When You’re Incapacitated If you’re injured and cannot make a decision the police get to decide what company tows your vehicle.  They don’t have to search your purse or wallet for a AAA card or to call you insurance for a covered towing company. 3. Sometimes the Police Get to Decide The police can override your choice if the tow truck operator of choice cannot respond to the scene in a timely fashion and the vehicle is a hazard, impedes the flow of traffic or may not legally remain in its location in the opinion of law enforcement.  If they are not willing to work with you on the towing company, it’s best not to get into an argument with law enforcement.  4. Safety First Your safety and the safety of others involved in the accident should be your top priority. Make sure to prioritize your well-being and that of others before arranging for a tow truck. 5. Insurance Coverage Check your insurance policy as it may have specific guidelines or recommendations regarding towing services. Some insurance companies have preferred tow truck providers that offer certain benefits or discounts to policyholders. In Pennsylvania, individuals involved in a motor vehicle accident have the right to call a tow truck operator of their choice. By understanding your options and taking necessary precautions, you can navigate the aftermath of a motor vehicle accident with confidence and clarity. Remember, if you have any legal questions or concerns following a motor vehicle accident, our experienced injury attorneys  can provide you with personalized advice and support tailored to your specific situation. Your well-being and peace of mind are paramount, and knowing your rights is the first step towards achieving a favorable outcome.

It takes a good deal of time and effort to prepare thorough wills and trusts. At the same time, many of us approach beneficiary designations with barely a thought. Our choices are often made in a blur of other paperwork or all too quickly when filling out paperwork for a new job. And because what we put on the beneficiary designations aren’t something that appears on monthly statements, we may not revisit them for years. Meanwhile, a lot in our lives may have changed since we made those original choices–marriages and divorces, births and deaths, relationships improved or turned sour. Alternatively, many of us make those designations without considering the financial, tax, and other ramifications –f or our own plans as well as those of our loved ones. What many people don’t realize is that those designations are binding and, in most cases, will supersede whatever is laid out in will or trust documents. If you didn’t give your beneficiary designations much thought when you first made them – or you made them years ago and a lot has changed since – it’s time to revisit them. We can help you navigate the process, but read more below first to give yourself a solid starting point - we'll be ready to help once you've collected all your information. Do: Understand what “counts” as a beneficiary designation. You may naturally think this applies only to forms for life insurance, annuitiesor retirement accounts. That’s all true but putting your child’s name on your bank account or deed is another form of beneficiary designation. A joint accountholder will often receive that asset upon your death even if you made the account joint for other reasons. Do: Understand what happens without a beneficiary designation. If you don’t make any beneficiary designations, the assets in the account will be paid to your estate. If you have a will, the asset will be distributed in accordance with the provisions in your will. If you have no will, then the state has a will for you, called the law of intestate succession, and will pass accordingly. The state’s will is usually NOT what you want, and it will take more time and more money to distribute your assets. Don’t dismiss the importance of making your beneficiary designations. Do: Make sure your beneficiary designations fit with other parts of your estate plan. In my experience, most people view the estate plan in their wills as their one and only estate plan. It’s common for people to make beneficiary designations first and draft wills later when their families have grown. The former may contradict the latter, but the beneficiary designations will generally “trump” what’s in the will, regardless of which paperwork was completed first. A good estate-planning attorney will typically cover beneficiary designations when setting up your plan and will send you on your way with a packet of instructions about how to update your beneficiary designations to match the rest of your plan. Do: Name contingent or partial beneficiaries. In addition to naming a primary beneficiary, most beneficiary forms give you the opportunity to name a contingent beneficiary, that is, a backup beneficiary. So, you could make your spouse your primary beneficiary, for example, and your brother the secondary beneficiary in case something happened to you and your spouse at the same time. You might also divide a given asset among multiple beneficiaries. For example, you could designate both your brother and sister as 50% primary beneficiaries of your 401(k) plan and name your favorite nephew and niece as 50% contingent beneficiaries each. Don’t let yourself be limited by the number of lines on the form. Call your provider if you can’t make your designations fit and ask for written confirmation of your choices. Do: Recognize the benefits accorded to spousal beneficiaries. Most of us naturally want our spouses to inherit any assets we hold in our own names. But that might not be true for many situations, such as a second marriage when each of you has children to a prior relationship, if your spouse has a lot of his or her own assets or you’re worried about another family member’s financial well-being. Bear in mind that spouses who inherit certain assets get special treatment in the tax code. That, in turn, often makes it advantageous for the spouse to inherit such assets ahead of other individuals. When it comes to inherited IRAs and 401(k)s, for example, only spouses can roll over those assets into their own IRA accounts and can continue deferring taxes for their lifetimes. Because rolling those assets into their own accounts will enable the surviving spouse to take greater advantage of the tax benefits accorded those assets, it often makes sense to name a spouse as a beneficiary on them. If you have a life situation that you’d like to have some or all of your assets paid to someone other than your spouse, an experienced estate planning attorney can help you establish a plan to benefit your spouse and address those other situations. Do: Make beneficiary designation checkups part of your account review. You’ve surely heard the horror stories about the guy who inadvertently left his 401(k) to his ex-wife because he had failed to name his new spouse as his beneficiary, or mistakenly left his youngest with no assets because he hadn’t updated IRA beneficiary designations after the birth of the child. Our life situations change, and so should our beneficiary designations, so be sure to revisit yours periodically. Beneficiary designations can also fall through the cracks when you change financial providers–for example, if you roll over your IRA assets from one firm to another. This can also happen with employer-provided plans: If your employer or if your company has switched 401(k) providers, check to make sure your beneficiary designations have ported over along with your contribution rate and other choices you’ve made. Don’t: Leave assets to minor children without understanding what that means. Just as many married people want their spouses to inherit their assets, many parents naturally want their children to do so. Bear in mind, however, that minor children can’t inherit assets outright. If you designate a child under age 18, it may be necessary to have a court proceeding to appoint a custodian of the asset left for the child. That custodian is unlikely to be the child’s parent. If you’d like to make a child the beneficiary of a financial account like an IRA or 401(k), a better idea is to make the child the beneficiary, then specify in your will the name of a custodian to manage the child’s financial affairs until he or she reaches a specific age. (The custodian can be the same person as the child’s guardian, or it can be someone else.) Alternatively, you could make a trust the beneficiary of your IRA; your trust documents, in turn, can spell out how that money is to be managed and distributed to your heirs. Don’t: Leave assets to loved ones with special needs without considering the ramifications. If you have a special needs loved one in your life, you probably feel a pull to make sure they have everything they need and then some. Bear in mind, however, that there could be complications if a loved one with special needs inherits assets from you. You could affect a disabled individual’s eligibility for government-provided benefits by transferring assets directly to him or her. In addition, if the person has an intellectual disability, he or she may not be able to manage the assets. If you’re able to transfer a large amount of assets to a loved one with special needs, consult with an attorney who specializes in estate planning first. He or she may recommend that you set up a special needs trust. Don’t: Designate to someone who’s not the end owner. Sometimes I see someone who wants to name a family member as the sole beneficiary, with the assumption that he or she would know how the owner wants the money divided. This is a bad idea. Not only will your designee not necessarily remember what she was supposed to do with the money, but she would not be legally required to split the assets equally among our siblings. That happened when a sister named her sister as the designed. The client had an adult disabled daughter and presumably thought her sister would take care of her daughter. It didn’t happen. Sister decided to keep the money. We had to fight to get some of that money back for the client’s daughter. Bottom line: Be as specific as possible on beneficiary designations. Don’t rely on someone else to know what you want and to make it happen. Consult with an experienced estate planning attorney to get well-rounded and fulsome advice about how to make your beneficiary designations. Your family is counting on you!

Business partnerships can go sideways when one partner decides to do their own thing. Sometimes doing their own thing involves using your business name for their own side projects, to start a separate business venture or to steal your customers for themselves.  Sound crazy?  Consider these real-life examples:   Co-owner of a business is using your company’s email account, including email signature identifying themselves as a representative of your business, to negotiate a deal they have not told you about. Former business partner of a closed restaurant starts using your restaurant name in a separate place they’ve opened on their own. Your partner registered a new business on their own that has a surprisingly similar name to your former business and they’re shopping for deals for that company, not the one you own together. Your business partner is making references to your business name in marketing materials they have for a separate business.    When things are hunky-dory in a business with multiple owners, issues like who owns the name of (and rights to) the business are an afterthought – if a thought at all.  One you find out that your partner is using your business name for themselves, your instincts are “hey, they can’t use our name!”  You might be right but the legalities are less than clear.  If you find yourself grappling with this question, understanding the legal nuances involved can help you protect your brand and livelihood.   Ownership of Business Names   In Pennsylvania, business names fall under the category of "trade names" or "DBAs" (doing business as). The ownership of a business name is typically established through a few key methods:   1. Registration with State Registering your business name with the Pennsylvania Department of State confers very limited rights to you.  Basically, the DOS will not allow someone else to register a name that is identical or very similar to your name.  However, registration does not give you exclusive use of that name beyond those registration restrictions.    2. Trademark Registration If you want to ensure you have a strong legal claim over your business name, consider registering it as a trademark. In Pennsylvania, you can register a trademark with the state or federally through the United States Patent and Trademark Office (USPTO). A registered trademark provides several advantages:   Exclusive Use: Registering your trademark generally grants you the exclusive right to use the name in connection with the goods or services specified in the registration. Legal Recourse: With a registered trademark, you can more easily enforce your rights if someone else—partner or not—attempts to use your business name without authorization.   3. Partnership & Operating Agreements If you and your former partner had a written agreement regarding the business name, such as a partnership agreement or operating agreement for your limited liability company, that document is crucial in determining ownership rights. You can include provisions clarifying the owner of the name, the members’ rights to use that name and who has the rights to the business name if the relationship ends.  If you’re concerned about this risk, you can amend your existing agreements to address this issue clearly.   If none of the above are present, the situation can be murky. You may have rights under the common law if you’ve been using the name in commerce. This often depends on factors like the length of use, the geographic area, and the level of customer recognition. If your former partner uses a name you have built brand recognition around, you could have grounds to object. But, in a general partnership, both partners generally have equal rights to use the business name unless otherwise specified. This can lead to disputes, especially if one partner feels that their contribution to the business justifies exclusive rights to the name.   Evaluating the Risk If your former partner begins using the business name, the following factors can help you evaluate your options:   Are you Still in Business Together? If you are, your partner’s use of your business name to benefit anyone but your business could be a breach of the duty of loyalty owed by your partner to your company.  Are They Using the Name in a Similar Market?  If your former partner is using the name in the same industry or targeting the same consumer base, it may lead to consumer confusion. Pennsylvania law typically protects against this type of infringement. Is There Intent to Deceive? If your former partner is using the name to mislead customers or capitalize on your goodwill, this could bolster your case for seeking legal action. The Duration of Use: How long has either party been using the name? If your former partner used the name only recently, you might have a stronger claim based on your prior usage.   Protecting Your Business Interests   If you believe your current or former partner is (or might be) unlawfully using your business name, here are steps you can take to protect your interests:   1. Send a Cease-and-Desist Letter If you have established grounds for your claim, you may choose to send a cease and desist letter to formally request that your former partner stop using the business name. Its always a good idea to put your objections and concerns in writing.   2. Check Your Business Agreement for Dispute Resolution Provisions Your partnership or operating agreement may have provisions that address how disputes between business partners are resolved.  If the letter does not resolve the issue, you will need to avail yourself of your agreed-upon dispute resolution mechanism.  That might include mediation or arbitration of the dispute.   3. Consider Mediation In some cases, a collaborative approach can lead to an amicable resolution. Mediation can provide a platform for both parties to discuss the issue and potentially reach a settlement.  If both parties are willing, this is a great way for each side to hear from an objective third person about their respective rights and obligations.  Its also far less expensive than litigation.   4. Litigate if Necessary If other methods fail, litigation can provide a route to protect your business interests. Courts can issue injunctions against trademark infringement and award damages.  Navigating the intricacies of business name rights and who can use the name can be daunting. Should you find yourself facing this situation, remember that legal guidance is paramount. Ensuring you have the right support can mean the difference between losing a key business asset or emerging from the dispute with your rights intact.  Seek legal advice from one of our experienced business attorneys to fully understand your rights and options. An attorney can help you evaluate your case and determine the best course of action.

Unfortunately, it is very common for the government to deny Social Security Disability (“SSD”) claims . Nationally, about two-thirds of all applicants are denied benefits after submitting their initial applications. Many disabled people become discouraged after they receive a disability benefits denial notice, but you should know that there is hope and help available. Understanding the common reasons for these denials is the first step toward increasing your chances of approval. Here are some common reasons the Social Security Administration gives for denying disability claims. 1. Insufficient Medical Evidence One of the most common reasons for denial is a lack of compelling medical evidence to support the claims of disability. The Social Security Administration (SSA) requires concrete documentation, such as medical records, test results, and treatment history, that demonstrate the severity of your condition. If your records show minimal treatment or inconsistencies in your medical history, your claim is likely to be denied. Tip: Ensure that you provide comprehensive documentation from your healthcare providers. Regular visits, detailed treatment plans, and specialist opinions can significantly strengthen your case. 2. Failure to Follow Treatment Guidelines The Social Security Administration (“SSA”) expects applicants to follow prescribed medical treatments. If you don’t comply with your doctor's recommendations without a valid reason, the SSA may view this as evidence that your condition is not as severe as claimed. For instance, missing doctor appointments or not taking prescribed medications can lead to skepticism regarding your disability. Tip: Keep a record of your treatment history and any difficulties you may face in adhering to prescriptions, such as financial constraints or side effects. These can provide valid explanations if questioned about your treatment compliance. 3. Non-Severe Impairments The SSA categorizes impairments as "severe" only if they significantly limit your ability to perform basic work activities. Claims can be denied if the SSA determines that your condition, while possibly debilitating, does not meet their severity criteria. For example, conditions that can be managed with medication or therapy might not qualify as severe. Tip: Highlight how your impairments affect your daily life and ability to work. Providing evidence of limitations—even if they do not seem severe at first glance—can create a stronger case.   4. Inconsistencies in Your Work History A lack of work history or significant gaps in employment can lead to claim denials, especially if the SSA perceives that you haven’t consistently contributed to the Social Security system. Additionally, if there are discrepancies between your reported work capacity and your past employment, this can raise red flags. Tip: Ensure your work history is accurate and consistent. If you have gaps due to your disability, document the reasons clearly and include any part-time or volunteer work you may have done. 5. Failure to Demonstrate a Condition that Meets the Listing of Impairments The SSA has a specific "Listing of Impairments," which outlines certain conditions deemed severe enough to qualify for disability automatically. If your condition does not specifically meet the criteria set forth in the Listing, your claim may be denied. Tip: Review the Listing of Impairments related to your condition. Working with an attorney can help you understand the criteria more thoroughly and prepare a case that either meets or is comparable to these listings. 6. Overestimation of Your Ability to Work If you submit your application with inconsistencies that suggest you can still perform some work, the SSA may deny your claim. Statements indicating that you can perform daily activities like cooking, cleaning, driving, mowing your lawn, etc. could be indicators that you are not fully disabled and are capable of basic work. If Your Claim is Denied If your SSD claim is denied, you have the option of submitting an appeal. You must file your appeal within 60 days of the day you receive your denial notice. It is extremely important that you act quickly if you have received a notice of claim denial. Do not hesitate to contact Fiffik Law Group to set up a free initial consultation with one of our SSD appeals attorneys in Pennsylvania. We have offices in Pittsburgh and Philadelphia and proudly serve clients in these communities, as well as across the state. Statistically, people represented by an attorney have been successful in winning their claims more often than people without attorney representation.

It seems like a day does not go by without news of an online threat of one kind or another, especially bomb threats to our schools.  In our increasingly digital world, where communications often occur through social media, email, or even messaging apps, the risks associated with online behavior have never been more pronounced. When it comes to making threats online, the legal consequences can be severe, and understanding these implications is crucial for anyone navigating the complex landscape of internet communication.   What Constitutes an Online Threat?   Let’s clarify what is meant by "online threats." An online threat generally refers to any statement made in a digital context that expresses an intention to inflict harm on an individual or group. This can range from direct threats of violence to more subtle forms of intimidation or harassment. Investigating Online Threats   The authorities have a variety of means and methods of investigating and uncovering the identity of the perpetrators of online threats:   Digital Footprints and IP Addresses Every device connected to the internet has a unique identifier known as an IP address. This address is crucial in tracing online activity. When a threat is made, whether through an email, social media platform, or any other means, law enforcement can request the service provider (like Facebook, Twitter, or an email provider) to release the associated IP address. This address often reveals the geographical location of the user at the time the threat was posted. Electronic Discovery and Metadata When a threat is made, sometimes it’s not just the message that counts, but the metadata associated with it. Metadata includes data about the data, such as timestamps, locations, and device information. Authorities can subpoena records from digital service providers to access this information, which can provide critical evidence leading back to the perpetrator. For instance, digital photographs may contain information about the device used and the location it was taken. Tracking Anonymity Tools Some individuals seeking to mask their identities use anonymity tools like VPNs and the dark web. However, dedicated cybercrime units are trained to navigate these spaces. While illegal, some activities in these realms can be tracked through “de-anonymization” techniques—using various data points to connect online actions back to real-world identities.   In Pennsylvania, like many other states, making an online threat can lead to criminal charges, civil liability, or both.   Criminal Charges for Online Threats   In Pennsylvania, making threats online can result in criminal charges under several statutes, depending on the nature of the threat. The most relevant laws include:   1. Terroristic Threats Under 18 Pa.C.S.A. § 2706, a person commits a terroristic threat if they communicate, either directly or indirectly, a threat to commit violence with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience. This is typically classified as a felony.   2. Harassment Making repeated online threats can also fall under Pennsylvania's harassment laws. Under 18 Pa.C.S.A. § 2709, a person can be charged with harassment if they engage in a course of conduct that would alarm or seriously annoy another person.   3. Cyber Harassment Pennsylvania has specific laws addressing cyber harassment. The law notes that if someone sends messages with the intent to harass, annoy, or alarm someone through electronic means, they could face misdemeanor charges.   Civil Consequences   In addition to criminal charges, making online threats can lead to civil liability. Victims of online threats may choose to file a lawsuit for damages, claiming emotional distress, defamation, or other applicable torts. Courts in Pennsylvania take online threats seriously, and whether a threat is deemed criminal or civilly actionable often hinges on context and the perceived intent behind the statements.    The consequences of online threats extend beyond legal penalties. Individuals who make threats may find themselves facing disciplinary actions from employers or educational institutions. Schools and workplaces often have strict policies against threats and bullying, which can lead to suspension, expulsion, or termination.   Defenses Against Online Threat Crimes   If you find yourself accused of making online threats, it is essential to understand that there may be legal defenses available. These can include:   Lack of Intent If the statement made was not meant to be taken seriously or was made in jest, it could be argued that there was no intent to harm.   Freedom of Speech While the First Amendment protects many forms of speech, it does not shield threats of violence. However, distinguishing between protected speech and unlawful threats can sometimes be complex.   Context The context of the interaction matters. Understanding how a reasonable person would interpret the statement can significantly influence legal outcomes. Making online threats carries significant ramifications under Pennsylvania law, encompassing both criminal and civil consequences . Whether it’s a momentary lapse in judgment or a heated exchange, it’s vital to recognize that online words can have real-world legal impacts. If you or someone you know faces allegations regarding online threats, consulting with a qualified attorney can provide guidance and representation to navigate these challenging legal waters.   In our digital age, think twice before you hit "send." The implications can last far longer than the momentary rush of online expression.

Senior care facilities like nursing homes are often seen as a safe haven for our elderly loved ones, a place where they can receive the care and support they need. However, not all nursing homes provide the quality of care that patients deserve. Unfortunately, neglect in these facilities can occur, and it can take many forms. As family members, it's crucial to remain vigilant and informed about the signs of nursing home neglect. In this blog post, we outline five warning signs to watch for and what steps you can take if you suspect that your loved one is being neglected.   1.  Bed Sores   Bed sores, also known as pressure ulcers , are a significant issue in nursing homes, often indicating neglect or inadequate care.  Pressure ulcers are injuries to the skin and underlying tissue primarily caused by prolonged pressure on the skin. They most often develop on bony areas of the body such as heels, ankles, hips, and tailbone. They can range in severity from mild reddening of the skin to severe tissue damage that extends into muscle and bone.  They are often seen in residents who are bedridden or use wheelchairs.  Poor nutrition, incontinence and neglect are factors contributing to development and worsening of bed sores.  They are a risk for infection and, if left untreated, can be fatal.     What to Do: Notify nursing home staff of any signs of bed sores.  Take photos of sores and keep notes of what you see and your communications with the staff.  If you’re concerned that the treatment is substandard, you can file a complaint with the Pennsylvania Department of Health .   2.  Unexplained Injuries   One of the most alarming signs of nursing home neglect is the presence of unexplained injuries, such as bruises, cuts, or fractures. While accidents can happen, significant or unexplained injuries may indicate a lack of proper supervision or care. If your loved one frequently has bruises or seems to be in pain without a clear explanation, it’s essential to investigate further.   What to Do: Speak with the nursing home staff to gather information about how the injuries occurred. Document the injuries with photographs and notes and consider consulting with a medical professional for an assessment.   3. Poor Hygiene and Unsanitary Conditions   Neglect can manifest in the form of poor personal hygiene. If you notice that your loved one is unkempt, wearing soiled clothes, or has not been bathed regularly, this is a clear sign of neglect. Additionally, the overall cleanliness of their living environment is critical; a dirty room or contaminated common areas can pose health risks.   What to Do: Observe the living conditions during your visits and take note of any signs of poor hygiene. Bring these issues to the attention of the nursing home administration and request a plan for improvement. If conditions don’t change, you may want to escalate the issue to the proper regulatory authorities.   4. Weight Loss and Malnutrition   Sudden weight loss or signs of malnutrition can indicate that your loved one is not receiving adequate nutrition or care. This might be caused by neglect, poor meal planning, or inadequate assistance during mealtimes.   What to Do: Monitor your loved one’s weight and eating habits. Ask the nursing staff about meal planning and food preparation. If there are visible signs of malnutrition, request a meeting with a dietitian and the nursing home management to develop a care plan that addresses these issues.   5. Inconsistent or Poor Communication from Staff   A lack of communication from nursing home staff can be a significant red flag. If you find it difficult to get information about your loved one’s condition or care plan, it may indicate neglect. Staff should be approachable and willing to discuss any concerns or updates regarding the patient’s care.   What to Do: Keep a record of your interactions with the nursing home staff and any unanswered questions or concerns. If you feel that adequate communication is not being provided, request a meeting with the management.   Taking Action Against Neglect   If you identify any of the above signs in your loved one’s nursing home, it’s crucial to act swiftly. Document all instances of neglect, maintain thorough records, and communicate clearly with facility management. If the problem persists despite your efforts to resolve it, you may want to consider speaking with our team of attorneys who focus on nursing home abuse cases. Legal action may be necessary to ensure that your loved one receives proper care and to hold the facility accountable for any violations.  If someone you love is injured by nursing home abuse or neglect, we can help you seek the justice and compensation you deserve.

It is against the law to harass an individual if they are disabled, had a disability or is believed to have a disability. Bullying, nicknames, inappropriate questions, and unwanted jokes are all forms of disability harassment.  However, the unfortunate reality is that disability harassment can and does occur. If you find yourself in such a situation, it's crucial to know your rights and understand the steps you can take to address the issue effectively.   Understand Disability Harassment Disability harassment involves unwanted behavior directed at an employee because of their disability. This behavior can manifest in various forms, including derogatory comments, offensive jokes, exclusion from workplace activities, or even bullying. Under both federal law (Americans with Disabilities Act, or ADA) and Pennsylvania state law, individuals are protected from discrimination based on their disabilities.   Unacceptable disability harassment at work could look like:   Verbal harassment such as teasing, jokes, or slurs based on your disability Intrusive comments or questions about your disability at work Singling you out for different treatment based on your disability Failing by management to stop harassing behavior once it’s reported Forcing you into positions that aggravate your disability Repeatedly making assumptions about your capabilities   Does disability harassment have to come from your supervisor?   No. Harassment can also come from another supervisor, a co-worker, or someone who is not an employee, such as a customer or vendor.   When does harassment become actionable?   The behavior must be sufficiently severe or pervasive to change the terms and conditions of your employment, as not all offensive behavior rises to the level of legally recognized harassment. The behavior must create a work environment that most other people would find to be intimidating, hostile or offensive.   Case example: Company president called new employee a “cripple” and when she objected to the use of the word, a “hysterical basket case.” Case example: Manager told employee with a developmental disability to “shut up,” called her names, slapped her in the face, barked at her like a dog, and threatened violence. Case example: Your co-worker repeatedly make snide comments about your wheelchair taking up “too much space”. Case example: Your co-workers making jokes and sharing disparaging material via text, conversation or photos centered around your disability.   There must be a basis for your employer to be legally responsible. Your employer can become legally responsible if (1) you report the harassment, or your employer is or should otherwise be aware of the harassment, but your employer fails to take steps to try to stop it from happening again; or (2) the harassment comes from a supervisor and results in a negative change in your job.   Step 1: Document Everything   The first step you should take if you are experiencing disability harassment is to keep a detailed record of all incidents. This should include:   Dates and times of the incidents The names of individuals involved (including witnesses) What was said or done, including the context of the interactions Retain any correspondence (emails, texts) that may be relevant   When it’s possible, record harassment on your mobile phone.  There is no expectation of privacy in the workplace.  Your recordation of these incidents likely does not violate any law regarding impermissible recordings of conversations.  First check your employee handbook to ensure that your employer does not have a policy against this.   Documentation can be invaluable in substantiating your claims later on.   Step 2: Review Company Policies   Familiarize yourself with your employer's policies regarding harassment and discrimination. Most companies have procedures for reporting such misconduct. Review your employee handbook or code of conduct, as these documents often provide guidelines on how to report harassment or seek assistance from Human Resources (HR).   Step 3: Inform the Harasser   Inform the harasser in writing that their behavior is unwelcome. If you would prefer to have the conversation in person or by phone, that is okay, but be sure to document that the conversation took place.   Step 4: Report the Harassment   Once you've documented the incidents and reviewed company policies, it's time to take action. Report the harassment to your HR department or a designated official within your organization. Be specific about what you've experienced and provide the documentation you've compiled.  After your discussion, we highly recommend documenting the conversation in an email to ensure everyone is on the same page regarding the accommodations discussed.   It's crucial to follow up to ensure that your report has been received and is being addressed. Depending on the severity of the situation, you may need to escalate your complaint to higher management or seek out a specific HR representative.   Step 5: Consider Seeking External Help   If your employer fails to take appropriate action after your report, or if you feel uncomfortable reporting the issue internally, you may want to seek help from external agencies. In Pennsylvania, you have the option to file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate discrimination claims and can help mediate disputes.   Step 6: Take Care of Yourself   Experiencing harassment at work can take a toll on your mental and emotional well-being. Make sure to seek support from trusted friends, family, or professional counselors. Taking care of your mental health during this challenging time is just as important as addressing the harassment itself.   Take Action!  Consult an Attorney   No one should have to endure harassment in the workplace, especially based on a disability. Your company has a legal duty to protect its employees from disability harassment. When your employer allows a hostile work environment to continue unopposed, they must answer to the law. Many people are afraid to bring up complaints of discrimination because of the threat of retaliation by their employers. But retaliation is illegal – you have the right to protect yourself. A knowledgeable employment discrimination lawyer can help you navigate the legal process of filing a claim or lawsuit. The attorneys at Fiffik Law Group have helped protect employees’ rights for years. We know what you’re going through. Call our employment lawyers now at (412) 391-1014 or use our online contact form .

Your estate plan should include careful consideration of how to distribute your retirement accounts. When completing a beneficiary form , you might think your options are limited to putting names of loved ones down.  If that’s what you think, it is understandable: the people who prepare those forms give you precious little space for instructions on what to do with your money after you’re gone.  In reality, your options are far more varied.  One option you might consider is naming a trust as the beneficiary of your retirement account instead of individuals. While this might seem unconventional at first, there are several compelling reasons to consider this estate planning strategy. Here are five key benefits of naming a trust as a beneficiary of your retirement account.   1. Financial Protection for Beneficiaries   One of the most significant advantages of naming a trust as the beneficiary of your retirement account is the financial protection it can provide to your heirs. In the unfortunate event that a beneficiary is facing creditors, having addiction challenges or undergoing a divorce, their inheritance may be at risk during such proceedings. By placing your retirement assets in a trust, you can shield these funds from potential claims and ensure that they are managed according to your wishes.   2. Control Over Distribution   A trust allows you to dictate how and when your beneficiaries will receive their inheritance. This is an absolute must if you have minor children because in most states, a minor cannot receive an inheritance directly.  It is also valuable for beneficiaries with special needs, or those who may not be financially responsible. You can set specific terms, such as staggered distributions at certain ages or milestones, to help ensure that your loved ones use their inheritance wisely. It also allows for more tailored management of the assets in accordance with the beneficiaries’ needs and circumstances.   3. Tax Planning Advantages   Naming a trust as a beneficiary can offer significant tax planning opportunities. With a properly structured trust, you can minimize the tax impact on your heirs. For example, specific types of trusts may provide beneficiaries an opportunity to stretch distributions from the retirement account for the maximum period allowable by law, thereby potentially lowering their taxable income in any given year. This strategic approach can be particularly advantageous in managing the overall tax liability of the inherited assets.   4. Protection for Special Needs Beneficiaries   If you have a beneficiary with special needs , a trust can be an invaluable tool. Directly inheriting assets could jeopardize their eligibility for government benefits, such as Medicaid or Supplemental Security Income (SSI). By naming a special needs trust as the beneficiary of your retirement account, you can ensure that the funds are used to supplement their care without disqualifying them from essential benefits, providing support while preserving their access to valuable resources.  If your retirement benefits are left to a beneficiary with special needs directly, they will be forced to spend down the money and then reapply for their essential government benefits.  The process of re-applying for benefits may be an insurmountable challenge for them.   5. Streamlined Management of Assets   Trusts can simplify the management of assets after your passing. Instead of requiring your beneficiaries to go through the probate process , a trust allows for the management and distribution of funds without the potential delays and complications associated with probate. This can provide your beneficiaries quicker access to the funds and reduce any administrative burden associated with handling the assets. Naming a trust as a beneficiary of your retirement account can be a strategic decision that benefits both you and your loved ones. By providing financial protection, control over distribution, and potential tax advantages, a trust can ensure that your assets are managed and distributed according to your intentions. If you’re considering this route, it’s highly advisable to consult with an estate planning attorney to discuss options tailored to your unique circumstances.   In the ever-evolving landscape of estate planning and retirement strategies, making informed decisions today can lead to peace of mind for both you and your beneficiaries tomorrow. If you have questions or need assistance with your estate plan, don’t hesitate to reach out to our team of experienced estate planning and elder law attorneys for help.

Every business, regardless of its size or industry, relies on contracts to function effectively. From agreements with clients to vendor arrangements, understanding contract law is essential for protecting your interests and ensuring your business runs smoothly. In Pennsylvania, knowing the fundamentals of contract law can help you avoid disputes and navigate challenges more effectively. Here’s what you need to know. 1. Understanding the Basics of Contract Law   At its core, a contract is a legally binding agreement between two or more parties. In Pennsylvania, like many jurisdictions, a contract requires several key elements to be enforceable:   Offer: One party must present a proposal to another party. Acceptance: The second party must accept the offer as it was presented.  A counter-proposal that varies the terms of the original offer is not necessarily acceptance. Consideration: There must be something of value exchanged between the parties (money, services, etc.). Capacity: Parties involved must have the legal ability to enter into a contract.  For example, the person proposing to sell something (such as a business, real estate, etc) must either own or otherwise have the legal authority to sell the item.  Legality: The contract's purpose must be lawful.  There are some provisions in certain contracts that are unenforceable as a matter of law regardless of the parties’ willingness to consent to those terms.   2. Types of Contracts   Contracts can take many forms, but they primarily fall into two categories:   1. Written Contracts: These are documented agreements that detail the terms and conditions. Written contracts are highly recommended for clarity and legal enforceability, particularly for significant transactions.   2. Verbal Contracts: Though oral agreements can be legally binding, they are often harder to enforce due to the lack of tangible evidence. In Pennsylvania, certain types of contracts (such as those involving the sale of real estate) must be in writing to be enforceable.   3. Key Terms in Business Contracts   When drafting or reviewing contracts, it's important to understand the key terms that could affect your business:   Scope of Work: Clearly define what services or products will be provided. Roles and Responsibilities: The contract should detail each party’s duties and obligations. Payment Terms: Specify how, when and where payments will be made. Termination Clause: Outline the conditions under which either party may terminate the contract. Remedies for Default: In the event either party fails to live up to their obligations, what are the consequences of failure.  This might involve money damages, payment of attorneys fees. Dispute Resolution: Include provisions for resolving disputes, whether through mediation, arbitration, or litigation. Confidentiality: Protect sensitive information by including a non-disclosure clause if necessary.   4. Avoiding Common Pitfalls   To prevent disputes and ensure your contracts are enforceable:   Be Clear and Specific: Ambiguities can lead to misunderstandings and disagreements. Aim for clarity in every clause. Keep Written Records: Always document agreements and retain fully executed copies for your records. Review Contracts Carefully: Never rush through a contract. Make sure all terms are understood before signing. Negotiate Terms: Define your goals before signing a contract.  Negotiate additional or changed terms to achieve your goals.  How the other side reacts to negotiation can be a key indicator of how they’ll deal with problems later in your relationship.  If they are unreasonable during negotiations, that tells you something about how they’ll be when trouble happens. Seek Legal Advice: Consulting an attorney familiar with Pennsylvania contract law can help ensure your contracts are sound and aligned with your business goals.   Worthless Contracts   Simply having a contract can give a false sense of security to the unwary.  We’ve seen lots of contracts that are not worth the paper they’re written on.  What makes a contract “worthless”?  Here are but a few common examples:   Signed by someone that has no assets. The contract is only as good as the company that backs its up.  If that company has no assets, you’ll never be able to enforce its provisions. Signed by the wrong party.  It seems comically simple that you should sign a contract only with someone who has authority to agree to its provisions but it happens all the time.  People sign contracts with parties that don’t own or have authority over the subject matter of the contract. That renders the contract unenforceable. No definite deadlines. If we’ve seen one real estate sales agreement with no specified closing date, we’ve seen a hundred.  It’s tough to hold someone to an agreement to do something when there’s no deadline stated by which performance is required. The contract is assignable.  One of the craftiest loopholes to get out of a contract is to assign it to a legal entity with no assets.  That leaves the other side holding the bag.  A good attorney can help you include provisions that prohibit this and other common loopholes. Limitations on damages.  Some contracts limit your remedy to an unreasonably small amount of money without specifying the dollar amount. Endless alternative dispute resolution. Its totally legal for parties to agree to avoid the courts and use alternate dispute resolution to resolve issues.  However, where timing of performance is key, these remedies might not be realistic.  They may also drag things out so long that the cost of engaging in dispute resolution will be more than one can get as a remedy. In the fast-paced world of business, a solid understanding of contract law can be a game-changer. By knowing what makes a contract valid and enforceable, as well as how to draft and review agreements effectively, you can safeguard your interests and foster better business relationships. While understanding the basics of contract law is essential, it’s equally important to seek professional legal counsel.  Lawyers who specialize in contract law can provide invaluable assistance in drafting, reviewing, and negotiating contracts to ensure your business’s interests are protected. They can offer insights and expertise that you might not possess, helping to identify potential risks and crafting strategies to mitigate them. Investing in legal counsel can save your business from costly disputes and legal battles in the long run, providing peace of mind and allowing you to focus on your core operations.   If you have any questions about contract law or need assistance with your business contracts, feel free to reach out . We’re here to help!

The traditional path of contract disputes often involves litigation in state or federal court.  This can be prolonged, costly, and uncertain. Savvy business owners should explore alternatives to the traditional court system, notably through the incorporation of Alternative Dispute Resolution (ADR) provisions in their contracts. Understanding the pros and cons of ADR provisions helps you make informed decisions about their benefits and drawbacks in the context of contractual agreements. What is Alternative Dispute Resolution (ADR)? Before we dive into the specifics, let’s clarify what ADR entails. Alternative Dispute Resolution refers to processes that resolve disputes without resorting to litigation in court. The most common forms of ADR include: Mediation : A neutral third party facilitates a discussion between the disputing parties to help them reach a voluntary agreement. Arbitration : A neutral third party (the arbitrator or board of arbitrators) makes a binding decision based on the evidence and arguments presented by both parties. Negotiation : Direct discussions between parties aimed at reaching an agreement without any third-party intervention. The Pros of ADR Provisions 1. Cost-Effectiveness :  One of the most significant advantages of ADR is the potential for cost savings. Litigation can be expensive, with attorney fees, court costs, and other related expenses accumulating rapidly. ADR processes can be more streamlined, less prolonged and thus less expensive.  However, for contracts that involve relatively small claims, ADR can be a more expensive remedy, thus putting a “chill” on claims.  2. Speedier Resolutions :  Litigation can drag on for months or even years due to court schedules and various procedural hurdles. ADR often facilitates quicker resolutions because it allows parties to set their timetable and avoid congested court dockets. 3. Confidentiality :  In contrast to court proceedings, which are generally public, ADR processes can be kept confidential. This is particularly advantageous for businesses that wish to protect sensitive information and maintain their reputation. 4. Flexibility :  ADR methods offer more flexibility than traditional litigation. The parties can choose the venue, the rules governing the process, and even the third-party arbitrator or mediator, tailoring the process to their specific needs. 5. Preservation of Relationships :  ADR encourages collaboration rather than adversarial confrontation, which can help preserve ongoing business relationships. This is particularly important in disputes between parties who wish to continue working together after resolution. 6.  Avoidance of Class Actions :  Larger companies that might otherwise be susceptible to class action claims often mandate ADR.  Class action claims are very costly for companies to fight and give remedies to consumers who, if they wanted to bring a claim individually, would have no remedy because the cost of litigation would far outweigh the potential benefits.  Class actions claims are not possible in ADR.     The Cons of ADR Provisions 1. Limited Discovery :  In traditional litigation, parties have access to extensive discovery processes, allowing them to gather evidence from one another and from third parties and build their case. ADR, especially mediation, may have limited discovery, which can hinder a party’s ability to prepare adequately.  For example, there is no legal requirement that someone comply with a subpoena issued in an ADR proceeding whereas a court-issued subpoena is legally binding and failure to comply has real consequences. 2. Limited Appeal Options :  Decisions rendered in arbitration are generally final and binding with very few opportunities for appeal. This can be a drawback for parties who believe they have valid grounds to challenge an arbitrator's decision. 3. Waste of Time :  Some contracts require mediation prior to filing an ADR proceeding.  This is commonly found in residential and commercial real estate agreements.  Mediation can be perceived to be a waste of time if one or both parties are not willing to compromise their respective positions. 4. Duplicate Proceedings :  Some disputes involve persons who are not parties to an arbitration agreement.  It is difficult to compel someone to participate in an arbitration proceeding who did not sign the arbitration agreement.  If a full remedy necessitates the involvement of all parties, this can necessitate duplicate legal proceedings in ADR and court.  It makes obtaining a full remedy very costly and time-consuming to achieve.   5. Perceived Informality :  Some parties might perceive ADR as less formal or authoritative than litigation, potentially leading to a lack of seriousness in the proceedings. This perception can affect how parties prepare and participate in the process. Incorporating ADR provisions into contracts can offer numerous benefits, including cost savings, expedited processes, and the preservation of relationships. However, it’s crucial to weigh these advantages against the potential drawbacks, such as limited discovery, appeal options, and the experience level of the ADR facilitators. As with any legal matter, the decision to include ADR provisions in contracts should be made after careful consideration and, ideally, with the advice of one of the experienced business attorneys at Fiffik Law Group.  Understanding both the pros and cons of ADR will empower you to create contracts that best suit your needs and offer an efficient path to dispute resolution. If you have more questions about ADR or need assistance drafting contractual provisions, feel free to reach out. Your peace of mind is just an appointment away!

ABC recently launched the first season of their new reality TV series, 'The Golden Bachelorette,' following the success of last year's 'The Golden Bachelor.' Instead of a 20-something looking for love, this second season of the franchise follows a mature woman on a journey to find romance once again. The woman selected for the title role is Joan Vassos, a 61-year-old widowed mother, grandmother, and former school administrator. Joan first captured viewers' hearts in 2023 when she joined Gerry Turner's season of 'The Golden Bachelor' but left the show early to care for her postpartum daughter. Now, she's back for a second chance at love. The men vying for her affections are of similar ages and also have families from prior relationships. Age is No Barrier to Remarriage Some may be surprised to learn that as the age of the person increases, their willingness to remarry increases. Older individuals are more likely to remarry compared to younger adults. Age brackets and the percentage of people who remarry were: 18 to 24 years – 29% will remarry 25 to 34 years – 43% will remarry 35 to 44 years – 57% will remarry 45 to 54 years – 63% will remarry 55 to 64 years – 67% will remarry 65 years and older – 50% will remarry According to Pew Research, the multiple marriage cohort is a growing one , particularly among Americans 55 and older. This has changed over time for various reasons. People live longer now, and adult children are more accepting of their parents remarrying after a divorce or spouse’s death. The Economic Impact of Remarriage While newlyweds in their 20s or 30s may come to a marriage light on money but high on hopes, more mature couples caught up in the romance of the second marriage may not be thinking about the financial aspects of bringing their households together. They often bring with them substantial financial assets, retirement accounts, real estate and frequently children (and grandchildren). Ask yourself: If you’re moving into one of your existing homes, should you add your new spouse’s name to the deed and, if so, what does that mean about your family’s right to a share of the home when you and your new spouse die? One of you will pass away first, with the survivor possibly inheriting much of the first spouse’s estate. How do you take care of your spouse but also assure that your children and grandchildren will inherit your separate assets? Should you make your new spouse the beneficiary of your retirement accounts? If you do, will your children receive any amounts left over when your new spouse dies? What if your new spouse leaves their entire estate, which includes assets they inherited when you passed away, to their own children? That would leave your children inheriting nothing. This was a question posed to popular syndicated columnist Ask Amy . Love, Loss, and Legacy If you don’t have answers to these questions, it would be wise to update your estate plan to include your children, loved ones or charities who you hope will benefit from your separate estate. The experienced estate and elder law attorneys at Fiffik Law Group can help you craft a custom estate plan that will preserve your assets and protect your loved ones. Contact us today to set up a meeting with our experienced team of Pittsburgh and Philadelphia-based estate planning attorneys.