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Nursing homes play a critical role in caring for elderly and vulnerable individuals who require assistance with daily living activities and medical care. Understanding the duty of care that nursing homes owe to their residents is crucial for ensuring that these facilities meet the required standards for protecting the rights of residents.   What Is Duty of Care?   The duty of care in a legal context refers to the obligation to act in a manner that ensures the safety and well-being of others. In nursing homes, this means providing residents with a standard of care that meets their physical, emotional, and medical needs. Failure to fulfill this duty can result in harm to residents and can be grounds for legal action.   Regulatory Framework   Federal Regulations Under the Nursing Home Reform Act of 1987 , nursing homes must comply with federal regulations designed to ensure that residents receive quality care. These regulations include requirements for resident rights, staffing, and care planning.   State Regulations In Pennsylvania, nursing homes are regulated by the Pennsylvania Department of Health . The state’s regulations complement federal standards and address specific requirements for staffing, resident care, and facility operations to ensure a safe and healthy environment for residents.   Key Responsibilities of Nursing Homes   Nursing homes in Pennsylvania have several key responsibilities to ensure the safety and well-being of their residents. These include:   Provision of Adequate Care Nursing homes must provide appropriate medical and personal care tailored to each resident’s needs. This includes assistance with daily activities, medication management, and access to necessary medical services.   Prevention of Abuse and Neglect Nursing homes must implement measures to prevent physical, emotional, and financial abuse. This includes proper training for staff to recognize and report signs of abuse.   Safe Environment Facilities must maintain a clean, safe, and hazard-free environment. This includes proper maintenance of the building and equipment, as well as implementing safety protocols to prevent accidents.   Staff Training and Competency All staff members must be adequately trained and demonstrate competency in their duties. This includes ongoing education and training to keep up with best practices in elder care.  Senior care facilities must also provide an adequate number of staff members to care for their patients.   Personalized Care Plans Nursing homes must develop and implement individualized care plans for each resident, taking into account their unique medical conditions, preferences, and needs.   Proper Nutrition and Hydration Providing residents with balanced meals and adequate fluids is essential for their health and well-being. Special dietary needs must be accommodated.   Specific Duties to Prevent Common Issues Prevention of Pressure Ulcers Pressure ulcers, or bedsores, are a common issue in nursing homes and can be a sign of neglect. To prevent pressure ulcers, nursing homes must: Regularly Reposition Residents Move immobile residents at regular intervals to relieve pressure on vulnerable areas of the body. Conduct Frequent Skin Inspections Regularly check residents’ skin for early signs of pressure ulcers and take immediate action if any are found. Manage Incontinence Keep residents clean and dry to prevent skin breakdown caused by moisture.   Prevention of Falls Falls are a leading cause of injury in nursing homes. To prevent falls, facilities must: Assess Fall Risk Regularly assess each resident’s risk of falling and implement personalized strategies to mitigate these risks. Provide Mobility Aids Ensure that residents have access to walkers, canes, and other mobility aids as needed. Maintain Safe Pathways Keep hallways and common areas free of obstacles and ensure proper lighting.   Prevention of Other Common Issues Other common issues in nursing homes that require attention include: Medication Errors Implement strict protocols for medication administration to prevent errors. Dehydration and Malnutrition Monitor residents’ intake and ensure they receive adequate nutrition and hydration. Social Isolation Promote social interaction and activities to prevent loneliness and mental health decline.   Legal Recourse for Breach of Duty When a nursing home fails to meet its duty of care, residents or their families may have grounds for a negligence claim. To establish negligence, it must be shown that the nursing home’s breach of duty directly caused harm to the resident. Evidence is crucial in proving negligence. This includes: Medical Records Detailed documentation of the resident’s condition and treatment. Care Plans Records of the care plans and any deviations from them. Witness Testimonies Statements from staff, residents, and family members. Photographic Evidence Photos of injuries, unsafe conditions, or signs of neglect.   If neglect or abuse is suspected, it is important to take action: File a Complaint Report the issue to the Pennsylvania Department of Health, which will investigate and take appropriate action. Seek Legal Advice Consult with a lawyer specializing in nursing home abuse and neglect to explore legal options and ensure the resident’s rights are protected.   Victims of nursing home neglect may be entitled to compensation for: Medical Expenses Costs related to treating injuries or conditions caused by neglect. Pain and Suffering Compensation for physical pain and emotional distress. Other Related Costs Additional care expenses, rehabilitation, or relocation to another facility.   Understanding the duty of care and responsibilities of nursing homes is essential for ensuring that residents receive the quality care they deserve. In Pennsylvania, both federal and state regulations provide a framework for protecting residents’ rights and well-being. If you suspect that a nursing home is not meeting its obligations, taking prompt action can help address the issue and secure the necessary care and compensation. For more information or to discuss a potential claim, contact the experienced attorneys at Fiffik Law Group today . We are dedicated to advocating for the rights of nursing home residents and ensuring they receive the quality care they deserve.

As a business owner, signing contracts is a common practice in the course of doing business. However, it's essential to understand that signing a contract on behalf of your business does not always shield you from personal liability . Personal liability can arise when individuals fail to properly identify and distinguish themselves as acting in a representative capacity for their business entity. In Pennsylvania, there are strategies you can employ to protect yourself and avoid personal liability when signing a business contract .   1. Consider Business Entity Protection   It may seem obvious but it bears mentioning that this article applies only to businesses that have liability protection, such as a corporation, limited liability company or limited liability partnership.  A business owner of a sole proprietorship (“dba”) or general partnership cannot avoid personal liability for business contracts by naming their DBA or partnership as the contracting party.  If you are doing business, we highly recommend that you choose the right business structure, such as a limited liability company (LLC) or a corporation, to provide additional protection against personal liability. By operating as a separate legal entity, a properly formed business can shield you from personal responsibility for business debts and obligations.   2.  Identify the Company in the Contract   If you sign your name on behalf of a company but the contract fails to “identify” the company on behalf of whom you are signing, you could be held liable for the contract.  The law provides that the individual who signs the contract retains sole liability for the contract unless the company that he or she signed on behalf of was “named” in the document.   3.  Clearly Identify Your Role   When signing a contract on behalf of your business, always clearly identify your role within the company. Use your official title, such as "President," "CEO," or "Managing Member," to indicate that you are signing in a representative capacity. Including the name of your business entity next to your signature can also help to clarify that you are acting on behalf of the company.   4. Include Proper Contract Language   Ensure that the contract itself clearly specifies that you are signing on behalf of the business entity and not personally. This can be done by including language such as "by and through [Company Name]" or "on behalf of [Company Name]." List the company name above your name in the signature block in the contract.  Additionally, avoid using your personal mailing address, phone number, or email address on the contract; instead, provide the business's contact information.   5. Seek Out Hidden Traps within the Contract   The language in the body of the contract might include language that holds you liable along with your business even if you’re clearly signing on behalf of the business.  Look for any language that includes “ personal guarantee ”, especially if you’re asked to sign somewhere in the middle of the contract.  Cross out provisions that say that you and the business are “jointly and severally” liable under the contract.   Seek Legal Advice   If you are unsure about the potential personal liability implications of a specific contract, it's always wise to seek legal advice. The experienced business attorneys at Fiffik Law Group can review the contract, provide guidance on potential risks, and offer strategies to protect yourself from personal liability. Investing in legal advice upfront can save you from costly legal disputes down the line.

As a small business owner, you've likely invested significant time and resources into digital assets that are key to running your business.  From your website to social media accounts, digital marketing assets, and software or data, these digital assets are critical to your operations and success. However, far too many small businesses overlook the importance of properly managing these digital properties. Consider the Cautionary Tale of Bob the Plumber: Bob ran a successful plumbing business in Pittsburgh for years.  He had two journeymen who worked for him and his wife took care of the administrative tasks, including billing and bookkeeping.  Everything was going great until Bob’s marriage broke up.  Suddenly Bob found himself taking on all the admin tasks that his wife handled for years and she was unwilling to help him with the transition.  Very quickly Bob realized that he had no access to any of his digital assets.  He was unable to log into his business bank accounts and billing software.  He couldn’t do any marketing or bookkeeping because his wife set up all of those accounts, including the usernames and passwords.  It took him months to get access to all his accounts again.  That process took a lot of his time away from bidding and completing profitable projects, ultimately causing him to lose significant revenue. Failure to actively manage your digital assets can lead to a host of problems, from loss of valuable data and intellectual property to security breaches, reputational damage, and compliance issues. In today's highly digitized business landscape, protecting and optimizing your digital assets should be a top priority. 5 Key Steps Small Business Owners Can Take to Effectively Manage Their Digital Assets: 1. Conduct a comprehensive digital asset audit. Identify and catalog every digital asset your business owns or uses, including websites, social media profiles, software licenses, cloud storage accounts, customer data, and more. Maintain a centralized record of this information.  If you don’t know which accounts you have or how to access them, you’ve made yourself very vulnerable to having access cut off with no notice. 2. Establish clear ownership and access protocols. Determine who within your organization is responsible for each digital asset, and put processes in place to grant, track, and revoke user access as needed. This helps prevent unauthorized access or misuse.  The last thing you want is the departure of a key employee who refuses to give you the information you need to access these accounts, or even worse, engages in sabotage. 3. Implement robust backup and disaster recovery measures. Regularly back up all critical digital assets, and have a documented plan for restoring data and systems in the event of an incident like a cyberattack, data breach, or hardware failure. 4. Review and optimize your cybersecurity posture. Ensure your digital assets are protected by strong access controls, encryption, firewalls, and other security best practices. Train your team on cybersecurity awareness and protocols. 5. Develop a digital asset management policy. Codify your organization's approach to digital asset management in a formal policy document. This should cover areas like acceptable use, access controls, data retention, and disposal procedures. Proactively managing your small business's digital assets is essential for protecting your data, intellectual property, online presence, and overall operational continuity. By following these steps, you can safeguard the digital foundation of your company and position it for long-term success.

If you own a business, you’ve signed many contracts.  If you’re being honest, you’ll acknowledge that you’ve signed many without reading them or taking the time to truly understand the implications for some of the provisions.  Maybe you assume the provisions are non-negotiable.  Perhaps you’ve never had a problem previously so you don’t care what the contract says.  When things go perfectly, then you’re right – many of the contractual provisions are irrelevant.  The truth is that contracts are signed for when things go wrong or when something happens that calls for an extra level of guidance.  We all know that things sometimes do not go according to plan; stuff happens.  If everything went perfectly all the time, nobody would ever sign contracts. Contracts are essential to delineate the responsibilities and obligations of parties entering into a business arrangement. One crucial provision found in many contracts is the indemnification clause. Understanding the implications of an indemnification clause is vital to safeguarding your interests and limiting potential liabilities. What is an Indemnification Clause? An indemnification clause is a contractual provision in which one party agrees to compensate or reimburse the other party for specific losses, damages, liabilities, or expenses resulting from the contract or certain defined events. Essentially, it shifts the risk of certain potential losses from one party to another. Here’s a sample indemnification clause: Your business agrees to protect, defend, [hold harmless,] and indemnify (collectively “Indemnify” and “Indemnification”) ABC Company, its subsidiaries, and its and their respective successors, assigns, directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses of or by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) any breach of any representation or warranty of your business contained in this Agreement; (2) any breach or violation of any covenant or other obligation or duty of Company under this Agreement or under applicable law; (3) any third party Claims which arise out of, relate to or result from any act or omission of your business;  in each case whether or not caused in whole or in part by the negligence of ABC Company, or any other Indemnified Party, and whether or not the relevant Claim has merit. When Indemnification Provisions Are Used? Indemnification clauses are used in a wide variety of contracts. They are used to guarantee products and to support professional service agreements. Common uses of indemnification clauses include: Construction contracts so that the owner is not blamed for injuries arising from accidents on a project site or relating to the work completed by the contractor Master service agreements so that the vendor is not responsible for claims relating to the work performed by your business Partnership agreements so that a partner is not responsible for the personal actions of the other partner Insurance contracts that protect an insured in case of their liability Commercial leases so that the landlord is not responsible for claims arising for things happening in the leased premises Why Should You be Concerned About Agreeing to an Indemnification Clause? Agreeing to an indemnification clause without fully comprehending its scope and implications can expose you to significant financial risks and legal consequences. If not carefully drafted and negotiated, an indemnification clause could result in unforeseen liabilities and costs, potentially jeopardizing your financial stability and legal rights.  When you agree to indemnify, you’re agreeing to: Defend the other business: The obligation to defend may make you responsible for reimbursing attorney fees and other defense costs if the company you are indemnifying is sued while the lawsuit is going on.  You may be required to pay even before the outcome of the lawsuit is determined.  The duty to defend applies even if the third-party’s claim has no merit or the third party loses the case. Cover damages assessed against the other business: The indemnification clause should also specify the damages that the indemnified party can recover. For example, the damages might cover: Losses – Losses may include court judgments, settlements, attorney fees, legal expenses, and associated costs. Liabilities – Liabilities include debts and other legal obligations. Cover the other business for their own fault: Some indemnification clauses require you to cover expenses and losses even if the other business is totally or partially at fault. 3 Ways to Limit Your Liability in a Contract with an Indemnification Clause: 1. Limit the Scope of Your Liability: You should not agree to unlimited indemnification.  When presented with an indemnification clause, ensure that the language is precise, unambiguous, and limited in scope. Limiting the scope includes limiting the identify of the parties (persons) to whom you owe a duty.  You should avoid any language that says you’re indemnifying a company and all of its “affiliates, subsidiaries”, etc.  You should avoid indemnifying a business for their own negligence.  Clearly define the types of losses or liabilities that are subject to indemnification to avoid broad and open-ended obligations. 2. Limit the Dollar Value of Your Liability: Consider including a limitation of liability provision in the contract to cap the amount that you can be held responsible for under the indemnification clause. Perhaps it is a multiple of the amount you’ve been paid pursuant to the contract.  You may also want to include a “floor” of expenses that below which, your duty to indemnify does not kick in. By setting a specific monetary limit or defining a cap on indemnification obligations, you can control and mitigate potential financial risks. 3. Delete any Duty to Defend: The duty to defend is generally broader than the duty to indemnify because the duty to defend is triggered by allegations alone. A duty to defend may be owed with respect to a claim in which no damages are ultimately awarded. So even though a claim may be completely frivolous, if you agreed to defend the other contracting party against the claim, you might be obligated to hire an attorney to defend the other company at the your expense.  In many instances the expenses of defending a lawsuit, which typically include attorneys’ fees, expert witness fees, deposition expenses, and court costs, far exceed the actual amount in controversy. If both you and the other company are named as defendants in the lawsuit, you might be required to pay for two lawyers, one to defend it, and one to defend the other company.  This is a huge potential expense that you want to avoid. Understanding the nature of indemnification clauses and taking proactive steps to limit your liability can help protect your interests and mitigate potential risks in contractual agreements. Prioritize clarity, specificity, and fairness in negotiating and drafting indemnification clauses to safeguard your rights and financial well-being.  The experienced small business attorneys at Fiffik Law Group can review your contracts and help limit the risks you take one through indemnification clauses.

Summer is the perfect time to get outside. Whether you are spending time outside at home, walking around your neighborhood, or at a local park or trail, chances are you are going to see others enjoying the weather as well. But it’s not just humans who like to enjoy the sunshine - dogs love summer too! With the increase in dogs outside, inevitably there comes an increase in dog bites. No one expects an injury from a dog bite. While dogs are often considered man’s best friend, you never know if or when a dog may become aggressive. A dog bite or attack can cause serious physical and emotional pain and injures. Victims of dog bites may be entitled to compensation for medical expenses, loss wages, pain and suffering, as well as other legal damages. Dog owners have a duty to prevent their dogs from injuring others, and Pennsylvania law provides strict leash laws that help prevent attacks and injuries. Dog owners that fail to follow these laws can be held liable for any injuries the dog may cause. Pennsylvania holds dog owners liable for unprovoked dog attacks, even if the dog’s owner was not aware of any prior aggressive behavior. By law, all dogs must be under the control of their owners. Leash laws vary based on local laws and regulations, but it is best practice for owners to keep their dogs on a leash. Be aware that there are places, such as dog parks, that do not require dogs to be leashed. If an owner's dog is classified as dangerous, the dog needs to be confined. A dog may be considered dangerous if they have previously injured or attacked a person or another domestic animal without being provoked. If the owner is aware of such instances of aggression, they must keep the dog within the house or their yard, on a leash, or reasonably confined at all times. If you or a loved one has been bitten by a dog, there are important steps you should take to help ensure you get the proper compensation you deserve. First: Identify the owner and the dog. This will allow you to collect their personal information, including their name, address, and other contact information. It is also important to ensure that the dog has received the proper vaccinations. Be sure to identify any other witnesses as well. Second: Contact the local authorities. Every county in Pennsylvania has a local Dog Warden that assists in investigating dog bites. You can find your local Dog Warden here. You should also contact police or emergency services by calling 911. Third: Seek medical attention. It doesn’t matter if your injuries are minor or severe. The chances of infection from a dog bite are high, and it’s important to make sure that your injuries are treated. Fourth: Document your injuries. In addition to medical records, it is important to take pictures of your injuries from the attack. Be sure to take photos of any punctures, scrapes, bruises, as well as any other signs of the attack such as torn or bloody clothing. Fifth: Contact your Fiffik Law Group attorney. Individuals can seek compensation for injuries sustained from a dog bite for up to two years after the incident. If you or a loved one have suffered from a dog bite, whether recently or within the last two years, we are here to help discuss your options. Being attacked or bitten by a dog can be a scary and life altering experience, but we are here to ensure that you get the compensation that you deserve. The attorneys at Fiffik Law Group understand the physical, emotional, and financial damages that arise after a dog bite and are ready to help you get the compensation you deserve. We will assist with filing your claim with the insurance company as well gathering evidence to support your claim. Contact us for a free consultation today!

Financial abuse of the elderly can be perpetrated by people they know, or people they don’t know, and it can happen in many different ways. We talk to so many people who tell us that this is happening in their families. Often it's a sibling who has cut off a parent from members of the family. It’s a rapidly growing problem, accounting for over half of all reports of elder abuse in some states. Here are things you can look for if you suspect that financial abuse of an elderly loved one has occurred, and various steps you can take to assure that their finances are recovered and properly managed in the future. Examples of Elder Financial Abuse Those who perpetrate financial abuse against an elderly person often engage in the following behaviors: Forging or obtaining the elderly person’s signature by inappropriate means on checks or other documents Getting the elderly person to sign a will, deed, or power of attorney listing the perpetrator as the one who is responsible for the elderly person or who will receive the person’s assets when the individual dies Getting or persuading the elder person to sign financial documents, such as beneficiary forms, through deception, coercion, or undue influence Taking, misusing, or using without knowledge or permission money or property Cashing an elder person’s checks without permission Promising to give the elderly person lifelong care only if they give them money or their property and not following through on the promise Perpetrating fraud, which is the use of trickery, false pretenses, deception, or other dishonest acts in order to gain the person’s finances Providing true but misleading information that influences the elder person’s use or assignment of assets Using a power of attorney for purposes beyond those for which it was originally executed Charging things against the elderly person’s credit cards without the authorization of the cardholder Denying an elder person access to their money or preventing them from controlling their assets Abusing joint signature authority on a bank account Frequency of Financial Abuse Financial exploitation of the elder appears in about one-third of all substantiated reports of all forms of elder abuse. This represents the third-largest category of reports, less than neglect (48.7 percent) and emotional or psychological abuse (35.41 percent), but more than physical abuse (25.6 percent). In some regions of the country, it accounts for nearly half of all substantiated cases of elder abuse. It is reported as one of the fastest-growing forms of abuse. Report: Financial Abuse of the Elderly in a Domestic Setting The Perpetrators of the Financial Abuse The most common perpetrators of financial abuse against the elderly are relatives of the elderly person, their spouse, or someone else they hold in their confidence. Domestic settings are not only a frequent setting for this abuse, but they also tend to involve complex family dynamics and deep-seated conflicts, making them particularly difficult to identify and stop. Perpetrators often have the following characteristics: They feel like the elderly person’s belongings are rightfully theirs, and they stand to inherit money or possessions when the elderly person dies. They have financial difficulties, a tendency to gamble, or have problems with illicit drugs or alcohol. They may express fears that the elderly person will use up all of their savings money to care for illnesses, depriving the perpetrator of their inheritance. They may feel negatively toward siblings or other family members and want to keep them from inheriting the possessions of the elderly person. Further complicating efforts to establish the parameters of financial abuse of the elderly are that both the elder person and the perpetrator may feel that the perpetrator has some entitlement to the elder person’s assets. Elder persons may feel a desire to benefit their heirs or to compensate those who provide them with care, affection, or attention. It can be difficult to discern a transfer of assets made with consent from an abusive transfer. Sometimes, conduct that began in the elder person’s best interests may become abusive over time, as when perpetrators initially provide helpful advice regarding financial investments but take on greater control and ultimately misappropriate funds for themselves as the elder person’s cognitive abilities decline. Typically, financial abuse in a domestic setting reflects a pattern of behavior rather than a single event and occurs over a lengthy period of time. Indicators of Financial Abuse Against the Elderly It’s important to know the signs and behaviors that may be exhibited when elderly financial abuse is occurring. The presence of just one indicator may not be suggestive of a full-blown abuse, but if you see several, it may mean your loved one is being financially exploited. Signs of financial abuse against the elderly include the following: The perpetrator limits access to and contact with the elderly person by the person’s friends and family members. This often is done by screening phone calls, limiting times during which the perpetrator will allow visits with the elderly person, and changing the locks on the elderly person’s home. The perpetrator suddenly or frequently changes or discontinues the elderly person’s existing care and support arrangements. Examples include terminating home care arrangements, moving the elderly person from an assisted living facility to the perpetrator’s residence. The perpetrator begins residing with the elderly person or moves the elderly person into their home The perpetrator is unwilling to share information about the elderly person’s care and status or gives only vague answers. Canceled checks or bank statements that go to the perpetrator’s home. Large bank withdrawals or transfers between different accounts that can’t be explained. Eviction notices, evidence of unpaid bills or utilities being discontinued due to nonpayment. The perpetrator refers to the elder as their new “best friend.” The elder person’s care is substandard even when they can pay for it. There are ATM withdrawals the elderly person could not have made or other unexplained withdrawals. The elderly person is coerced to sign powers of attorney or other legal documents. The perpetrator shows an inordinate interest in how much money the victim is spending. There are missing belongings or property that is missing. There are forgeries on legal documents or on checks. Financial arrangements are sketchy and lack documentation. The explanations about the elder’s finances as explained by the perpetrator are vague or implausible. The elderly person does not know or understand their own financial situation. If You Suspect Elder Abuse Here’s What You Can Do If you suspect abuse of an elderly person has occurred or is occurring, please tell someone. Document your observations and conversations with the elderly person and perpetrator. Be prepared to share as many specifics as possible. You can report abuse to your state’s elder abuse hotline. In many instances, elder financial abuse and exploitation can be a crime. Financial exploitation can be reduced or stopped by having one of Fiffik Law Group’s experienced elder law attorneys get involved in the situation. We can assess the situation and give you options, including a court proceeding, to stop the abuse and hold the perpetrator accountable. Further Reading: Pennsylvania Resources for Elder Abuse

We’re in the midst of a “silver tsunami" of aging baby boomers who own businesses and are looking to retire. It’s a great time to buy a business. Many business owners over 65 are thinking about handing it down to someone else upon retirement, like their own children or an apprentice. Still others will simply turn the lights out for want of a qualified buyer and these scenarios present opportunities for aspiring entrepreneurs. There will be some motivated sellers out there who will be willing to finance some portion of the purchase price via seller financing. Buying an existing business is a great way to leapfrog past all of the costs and risks of starting a new business from scratch.  If the idea of buying a business appeals to you, you might be asking where to do you start and how do you know which business is the right opportunity for you? The journey to find and purchase the ideal business can be a daunting task for individual buyers. The process is often plagued by time-consuming searches through numerous listings.  If your approach is to scour endless listings in the hope of stumbling upon a suitable business, you’ll waste a ton of time and likely fail.  Seasoned buyers understand the importance of focusing on specific fundamentals that a business must possess, streamlining their search process significantly. To optimize the search for the right business, it is imperative for buyers, particularly those lacking experience, to adopt a more strategic approach. By identifying clear criteria and focusing on essential fundamentals from the outset, buyers can efficiently narrow down their search to businesses that align with their objectives. This targeted approach not only saves time but also minimizes frustration by eliminating unsuitable options early in the process. When it comes to purchasing a business, there are several important factors that must be taken into consideration in order to ensure a successful investment. Here are five suggestions on how to select a business to purchase: 1. Passion You might focus your search on industries that match your passions. It’s ideal if you’re passionate about the industry in which the business operates. If you are, it’s more likely you’ll be willing to see it through when the going gets tough. Although passion is important, it should not override your related experience and skills. You may have always dreamed of owning a restaurant and have a passion for cooking.  But if you have a knack for logistics, you may be better off purchasing a delivery company. 2.  Element of Exclusivity Businesses that have some type of exclusivity, either in the products or services they sell (something somewhat unique) or in the geographic area it services typically have a greater chance of succeeding. 3.  Potential for Growth Consider why you want to purchase the business. Are you happy keeping things exactly as they were? Is the company as profitable as you want it to be? Most people buy businesses in hopes of growing them into something more. If that is the case for you, you will want to take a close look at the company’s potential for growth. For example, buying a beer distributor may not offer much in the way of upside potential given that there are so many more retail outlets competing for the same business.  If the potential is limited, it may not be worth your time and money. 4. Reputation and Customer Base The reputation and customer base of a business can significantly impact its success and profitability. Research the business’s reputation within the industry and among its customers to determine whether it has a strong brand presence and loyal customer base. Additionally, consider whether there are opportunities to expand the customer base or improve customer retention. 5. Legal and Regulatory Compliance It is essential to understand the legal and regulatory requirements relating to the business. Some businesses are more highly regulated than others. Regulations mean more for you to understand and possibly more friction in running your business.  You might consider businesses that have a lower regulatory load.  For example, it’s been popular lately to operate a home health business because of the increasing need for those services. However, healthcare is a highly regulated industry full of rules and compliance requirements.  It can be lucrative but you have to know what you’re doing to ensure that the business is in compliance with all legal and regulatory requirements. A business that sells equipment and supplies to the landscaping industry in your area offers a lot less in the way of regulation and might be an easier lift for the inexperienced buyer. By taking these five factors into consideration, you can make a more informed decision when selecting a business to purchase. Conducting thorough research and due diligence can help mitigate risks and increase the likelihood of a successful investment. If you have any further questions or need assistance with purchasing a business, do not hesitate to contact a qualified attorney for guidance. Whether you’re new to buying a business, an experienced buyer, or an entrepreneur acquiring multiple businesses, Fiffik Law Group can help. Our aim is to make the process of buying a business as straightforward as possible.

Every year, we represent dozens of homebuyers. We regularly advise our clients on the importance of conducting thorough due diligence when purchasing a home. One crucial step that home buyers should consider is requesting that sellers order a Comprehensive Loss Underwriting Exchange (CLUE) Report and provide a copy of that report to the buyer. A CLUE report is a comprehensive insurance claims history report that provides information on any insurance claims that have been filed on a particular property. This report can be invaluable to home buyers as it can reveal any past insurance claims that may indicate potential issues with the property. By requesting a CLUE report, homebuyers can uncover hidden problems with the property that may not be readily apparent during a traditional home inspection. For example, the report may reveal a history of water damage or mold issues, which could indicate underlying structural problems that may be costly to repair. Additionally, a CLUE report can also provide insight into the overall condition of the property and help buyers make an informed decision about whether to proceed with the purchase. Armed with this information, buyers can negotiate with sellers for repairs or price adjustments, or even decide to walk away from the deal if the report reveals significant issues. A CLUE report can also help you understand whether the property is insurable at reasonable rates.  If there is a significant claims history associated with the home, that may signal problems getting insurance or that you’ll have to pay higher premiums for insurance.  Both can be a serious problem for buyers who are already stretched to afford a new home. In Pennsylvania, sellers are required to disclose certain information about the property However, that disclosure does not require them to provide a CLUE report to buyers.  Here are some tips to get the CLUE report: If you’re working with a buyer’s agent, tell your agent up front that you are interested in reviewing CLUE reports for homes you are considering for purchase.  Your agent can ask the listing agent or seller about the availability of the CLUE report when making arrangements for you to tour the home. The Agreement of Sale will give you the right to inspect the home.  The standard form agreement does not include a requipennrement that the Seller provide the CLUE report.  Include a requirement that the seller obtain and disclose a CLUE report in your Agreement of Sale. Requesting a CLUE report is a smart move for home buyers in Pennsylvania. This report can provide valuable information that may impact the decision to purchase a property and can help buyers avoid potential headaches down the road. Another smart move is working with an experienced real estate attorney when buying a home. You need an advocate on your side to help you understand the homebuying process and protect your interests. We represent homebuyers for a very reasonable flat fee in most instances. Before you sign on the dotted line, call us and become an empower homebuyer.

A conversation about the what-ifs that come with aging is fraught with difficult emotions about disability, death, family and change.  It’s natural to struggle to initiate this critical conversation with your parents.  It may not be an easy conversation, but it’s a necessary one. How to Start There’s no way to break the ice other than to just broach the subject: “Mom/Dad, I want to be there to help you as you get older.  I’m concerned that if there’s a medical crisis or some other sudden change, I won’t know how to help you.  Can we discuss some of the “what-ifs” so that I can understand what your desires are for care?  It would also help to understand more about your insurance, finances and estate plan.” Reassure your parents that you respect their ability to manage their own affairs without your help. However, there may come a time when they need your help and circumstances won’t allow for them to tell you things you need to know in order to help them. Depending on their response, you may be able to begin asking your questions. Perhaps it would be best to schedule time to discuss your  questions later.  Be prepared to stop at any time, even if your parents are open to the discussion.  These things often take a few sessions. The Most Important Things to Discuss The following are important questions and issues may need to be covered in a series of conversations with your parent: 1. Ask about health insurance. Request their Medicare number and ask whether they have Medicare Par D, medigap co-insurance, long-term care insurance and VA benefits. 2. What doctors do they see regularly? Get their names and contact information. 3. Are they taking medications? Take a picture of the bottles – it has a wealth of information, including the medication name, prescribing physician and dosages. 4. Ask about other insurance policies. This includes life insurance, auto insurance and homeowner’s insurance. 5. What legal documents do they have in place?  A financial power of attorney (sometimes called a durable general power of attorney) and a healthcare directive are key documents to have in place so that someone can make decisions for your parent when they are unable to do so. Find out where they keep these documents.  They should also have a Will or possibly a revocable trust for their estate plan. 6. Do they need help with home upkeep, gardening, shopping, bill paying, getting around? 7. Are they open to having an emergency response system, especially if your parent lives alone? 8. If you don’t know them already, ask for the names and contract information for their neighbors and friends. How often do they see them?  Do they attend church, go to social events or other gatherings? You may need to do a bit more research on your own and combine it with the information you gather from your parents. Because you’ll gather information over time, especially for new medical providers and medications, pick a regular date, such as birthday month, to annually review and update the information. Don’t Feel Overwhelmed Tackling this task can feel overwhelming, especially if your parent is very needy. It is not unusual to be unsure where to start or feel inadequate. Make it your first priority to address your parents’ most immediate needs. Your priority list may look different than what your parents consider priorities. That’s ok. If you start on things important to your parents, they will be more likely to allow you to take on other things that you consider priorities.

We are often consulted by clients regarding boundary disputes, trespassers and their rights as landowners. One little known right to mark boundaries is the “Purple Paint Law” that came into effect in Pennsylvania in 2020. Landowners who post their properties now have the option of using purple paint rather than signs to alert others that lands are private and trespassing isn’t permitted. The Purple Paint Law In Pennsylvania, the "Purple Paint Law" allows landowners to mark their property boundaries with purple paint as a way to provide notice to others that the area is private property. This can be a useful tool for landowners who want to clearly indicate where their property ends and where trespassing is prohibited. The use of purple paint to mark property boundaries is considered to be a legally valid way to provide notice of private property rights. The law specifies that the purple paint must be applied in a vertical line of at least 8 inches in length and at least 1 inch in width. The bottom of the mark must be between 3 and 5 feet from the ground. Additionally, the marks must be placed at intervals of at least 25 yards around the property or at every major entry point. Exceptions to the Purple Paint Law This is a lawful posting method in all but Allegheny and Philadelphia counties. The law also authorizes unarmed persons to go onto private property for the sole purpose of retrieving a hunting dog.  So leave your hunting rifle behind if you’re going to retrieve Fido. It is important for landowners to understand their rights under the purple paint law and to ensure that the markings are done in compliance with the legal requirements. Failure to comply with the law may result in the markings not being legally recognized as providing notice to potential trespassers. If you have any questions or concerns about your rights as a landowner under the purple paint law, don't hesitate to consult with one of Fiffk Law Group’s real estate attorneys for guidance.

Buying a business is a big decision — but when you pull the trigger on buying an existing business, you get the opportunity to become an entrepreneur without starting a small business completely from scratch. Every year, we help many businesses change hands, and that number is expected to increase in the next several years as millions of baby boomers begin retiring and selling their businesses.  One important step in the process of buying a business is negotiating and drafting a letter of intent (LOI) to outline the terms of the proposed purchase. LOI: The Basics A letter of intent is a non-binding document that sets forth the key terms and conditions of the proposed transaction. While it is not a legally binding contract, it serves as a roadmap for the parties to negotiate the final purchase agreement. A LOI typically outlines: The structure of the transaction Them monetary terms and any financing contingencies The definitive agreements that will be negotiated and signed The most significant non-monetary terms of those definitive agreements A LOI may also contain provisions governing confidentiality, due diligence rights and reimbursement of one party’s expenses by the other. Often such provisions are made explicitly binding, while the rest of the LOI remains nonbinding (which means that those promises are not enforceable). Even though much of the LOI is not binding, it still provides a detailed road map for the definitive documents and tends to prevent later renegotiation. Key Considerations Here are some key considerations to keep in mind when negotiating and drafting a letter of intent to purchase a business: 1. The Dealbreakers Negotiating a LOI often identifies “deal breakers” early in the process. Forcing the parties to confirm agreement on important terms early on, even in a nonbinding document, sometimes reveals that no agreement is in fact possible – that a certain right or obligation that one party demands is unacceptable to the other. In that case, the parties can terminate negotiations after incurring only minimal cost. Drafting lengthy and complicated definitive documents can be an expensive step, so if there are disputed points that cannot be reconciled, it is far better to reveal them early on. 2. The Money Clearly outline the purchase price and payment terms: One of the most important aspects of the LOI is the purchase price of the business. This should be clearly outlined, along with any terms regarding payment, such as whether the purchase will be made in cash, stock, or a combination of both. 3. Timeline There are a number of important timelines in any deal.  Obtaining a commitment for financing; a timeline for due diligence and a deadline to close the deal.  Its common for inexperienced parties to underestimate the amount of time it takes to close on the purchase of a business.  Due diligence is the process of investigating the business to ensure that the buyer is making an informed decision. The LOI should include a timeline for completing due diligence, including access to financial records, contracts, and other important documents. 4. Contingencies The LOI should also address any contingencies that need to be satisfied before the purchase can be completed. This could include obtaining financing, obtaining necessary approvals, retention of key employees or other conditions that need to be met. 5. Confidentiality It is important to include confidentiality provisions.  The target business often does not want the fact that it is for sale to be disclosed to its employees for fear that they’ll get nervous and leave.  An impending sale can also signal to customers or competitors that there are problems with the business.    The LOI also protects sensitive information about the business being purchased. This can help prevent competitors from gaining access to proprietary information. Consult with Legal Counsel Whether you're a buyer or a seller, a business lawyer can help you navigate the transaction and any potential legal issues that arise during it. They can represent your interests during the negotiation process and ensure all sale documents are drafted correctly and legally binding. Our experienced business attorneys will ensure you have fully considered all the legal and financial matters that must be addressed or may arise in a purchase or sale of a business.  If you are considering purchasing a business in Pennsylvania, contact our firm today.

Scammers are utilizing artificial intelligence in creative ways to make their tactics subtler and more effective in their endless efforts to exploit seniors. Scammers use AI to gather personal information from social media profiles and other sources online so that they approach you more personally and thus, more convincingly. If you receive text messages, emails, or even voice calls that appear to be from a close friend, family member, coworker, or a business you have been associated with, what reason do you have to distrust it? The less aware you are of these tactics, the more vulnerable you are to falling prey to them.  Some scams are easy to detect, but with AI they are getting trickier. Here are some examples of these new scams: Voice Cloning Scammers can manipulate voice recordings from your social media page or from a phone call to produce a new voice recording that sounds realistically like your voice. AI voice generators can be used to impersonate regular people. So-called vishing (voice phishing) attacks occur when cybercriminals impersonate regular people. Elderly people are often targeted in these types of attacks, and in some cases rush to the bank to withdraw money for a loved one who supposedly just called in desperation, only to find out it was just an AI-generated scam that replicated the loved one’s voice without their consent. Deepfake Videos AI can be used to generate or manipulate multimedia content to create videos portraying people doing or saying things they never said or did. The goal may be to impersonate an individual or to make viewers believe a false narrative. Synthetic media can be very convincing, especially if the individual portrayed is a loved one or a person of high authority. Scammers have used this technology to fraudulently request money transfers to illegitimate institutions. It has successfully convinced many people, such as this financial worker in a large company, to part with significant amounts of money. Phishing Emails Phishing is the technique of sending emails or other messages allegedly from trusted companies or people to convince you to give out personal information, such as passwords, phone numbers, social security numbers, and credit card details. A phishing email commonly takes the form of a warning about suspicious activity in an account you have with a reputable company. The email directs you to change your password to “protect” yourself. If you follow the prompt, before you know it, the fraud has been successful, and the perpetrator has your login information. If You’ve Been Scammed It can be difficult to get your money back, but the sooner you take action, the better. No matter the method of payment, contact the issuing organization as quickly as possible. Explain the situation and ask for the charges to be reversed. Debit and credit cards will need to be canceled with new ones issued. If you are the victim of fraud or a scam, it is important to report the incident to local law enforcement. Reporting leads to greater awareness and education. The Federal Trade Commission offers information and consumer advice about the latest scams.