In today's digital world, businesses often use text messaging to communicate with their customers. Business owners often allow employees to use their personal cell phones to communicate with customers. While this practice may seem convenient and cost-effective on the surface, it comes with many serious risks that business owners should carefully consider. 1. Data Security Concerns Allowing employees to use their personal cell phones for customer communication raises significant data security concerns. Personal devices may lack the robust security measures necessary to safeguard sensitive customer information, leaving businesses vulnerable to data breaches and compliance violations. Without proper controls in place, employees could inadvertently expose confidential data, putting both the business and its customers at risk. 2. Lack of Control When employees use their personal cell phones for customer communication, business owners relinquish control over the messaging process. There is no way to monitor or regulate the content of these conversations, which can lead to inconsistencies in messaging, breaches of company policy, and potential damage to the brand's reputation. Moreover, employees may use informal language or engage in unprofessional behavior, undermining the business's professional image. 3. Loss of Intellectual Property Customer communication often involves sharing proprietary information, such as product details, pricing strategies, or upcoming promotions. Allowing employees to conduct these conversations on personal devices increases the risk of intellectual property theft. If an employee leaves the company or their device is compromised, sensitive information could fall into the wrong hands, compromising the business's competitive advantage. 4. Compliance Challenges Various industries are subject to stringent regulatory requirements governing customer communication, such as HIPAA in healthcare businesses. Using personal cell phones for such interactions can complicate compliance efforts, as it becomes more challenging to track and audit communication channels. Non-compliance with these regulations can result in severe penalties and legal repercussions for the business. 5. Difficulty in Tracking and Accountability Unlike business-provided communication tools, personal cell phones lack the necessary tracking mechanisms to monitor communication activities effectively. This makes it difficult for business owners to track employee performance, measure customer satisfaction, or address any issues that arise during interactions. Without proper accountability measures in place, employees may not prioritize customer communication or adhere to established protocols. Case Study:  A construction company regularly allowed its employees to use their own personal mobile phones and email accounts to communicate with customers, including a manager in the company.  That manager was the point person for a multi-million dollar renovation project.  He was responsible for conveying drafts of contracts, specifications, product approvals, change orders and many other details of the project.  At some point a dispute arose over payment.  By that time, the manager had been terminated.  He took with him many of the communications and documents pertaining to the project because they were all sent on his personal devices.  The company was at a significant disadvantage in resolving its dispute and getting paid because it was unable to produce crucial communications and documents relating to the nature of the dispute.  The company lost hundreds of thousands of dollars due to its failure to control its own customer communications and manage its own documents. 6. Dependency on Individual Employees Relying on employees' personal cell phones for customer communication creates a dependency on individual staff members. If an employee leaves the company or is unavailable, there is a risk of disruption to customer service operations. Moreover, the business may lose valuable customer data associated with that employee's device, further complicating continuity efforts. 7.  Potential Reimbursement Obligation Pennsylvania law does not currently specifically require employers to reimburse employees for using their own mobile phones for business matters. If you have employees who live and work in other states, the laws of those states may require reimbursement or have other laws applicable to the situation.  Business owners may be unfamiliar with those state laws and expose themselves to unpaid wage claims, which often include penalties and attorneys fees for the employee.  Even if state law does not apply, the issue may be subject to employment contracts or collective bargaining agreements. Additionally, there could be federal laws or regulations that apply to specific industries or situations. Conclusion While allowing employees to use their personal cell phones for customer communication may seem like a convenient, inexpensive solution, it poses significant risks to businesses in terms of data security, control, compliance, and accountability. To mitigate these risks, business owners should consider investing in secure communication tools specifically designed for professional use. By implementing robust policies, providing adequate training, and enforcing compliance measures, businesses can ensure efficient and secure customer communication while protecting their reputation and intellectual property.

Selling a small business is a complex dance that requires careful choreography. From finding the right buyer to navigating the negotiation process, numerous factors can influence how long it takes to successfully sell your business. In this blog post, we will explore five key factors that dictate the timeline of selling a small business. 1. Market Conditions The state of the market can significantly impact the speed at which a small business sells. High interest rates can reduce access to capital needed by buyers to purchase your business.  Lenders may have tighter lending criteria or the cost of the loan may make it difficult for a buyer to turn a profit after purchasing your business.  In a booming economy, buyers may be more abundant, leading to quicker transactions. Conversely, during economic downturns, potential buyers may be more cautious, causing the process to take longer. Keeping an eye on market trends and timing your sale strategically can help maximize your chances of a swift transaction. 2. Business Valuation Determining the fair value of your small business is a critical factor in attracting potential buyers. If the asking price is too high, it may deter prospective buyers, resulting in a prolonged selling process. On the other hand, undervaluing your business may raise suspicions and lead to a slower negotiation. Conducting a thorough business valuation, considering financial performance, assets, and market comparables, ensures that your asking price is realistic and aligns with market expectations.  Consider whether a buyer could be profitable after paying your price, taking into consideration all of the costs the buyer will likely incur to purchase your business, including loan repayments.  If the price will not allow a buyer to operate profitably post-closing, the price may be too high. 3. Preparation and Presentation The way you present your business to potential buyers can significantly impact the speed of the selling process. A well-prepared business with organized financial records, documented processes, and a clear growth strategy is more attractive to buyers. Taking the time to prepare a comprehensive informational memorandum and address potential concerns upfront can streamline the due diligence process and instill confidence in potential buyers, expediting the sale. 4. Marketing Strategy The effectiveness of your marketing strategy plays a crucial role in attracting qualified buyers. Utilizing various channels such as online business-for-sale platforms, industry networks, and working with business brokers can broaden your reach. Your banker, accountant or attorney may know people who they work with who might be interested in purchasing your business.  A targeted and well-executed marketing campaign can generate interest quickly, reducing the time your business spends on the market. Engaging with professional intermediaries who specialize in selling small businesses can also enhance the visibility of your business among potential buyers. 5. Negotiation and Financing The negotiation phase and the buyer's ability to secure financing are significant determinants of the selling timeline. A smooth negotiation process, facilitated by transparent communication and a willingness to compromise, can accelerate the deal. Be wary of buyers who are not working with experienced advisors, such as attorneys and accountants.  Buyers with an experienced team will have a better idea of what to expect during negotiations and have the skills to get the deal to closing.  The inexperienced buyer is often a difficult negotiating partner.  Additionally, the buyer's access to financing or available capital influences the speed of closing. Ensuring that potential buyers are financially qualified and ready to proceed can help avoid delays in the final stages of the sale. Conclusion Selling a small business is a nuanced process influenced by many factors. Understanding and strategically addressing these factors can significantly impact the timeline of the sale. By staying informed about market conditions, accurately valuing your business, preparing for the sale, implementing an effective marketing strategy, and navigating negotiations skillfully, you can increase the likelihood of a timely and successful business exit.  The experienced team of business attorneys at Fiffik Law Group have helped many business owners buy and sell businesses.  They have the skill and experience to give you the best chance of success with your deal.

Small businesses are producing and acquiring more digital assets than ever before. A company’s digital assets can be just as valuable as its physical property. In addition, companies now face new challenges and liabilities with the rise of everything digital, from data security to changing privacy regulations to employees posting information on social media. It’s crucial that you start focusing on protecting your company’s digital assets, not just physical assets or cash. Useful Digital Assets for Small Businesses Digital assets are pieces of content that are stored digitally and are valuable to a business. These are the most common types: Website and blog content Client and customer lists and contact information Logos and other graphics Photos Videos – for customers or internal for training Slide decks, such as PowerPoint presentations PDFs Excel spreadsheets Word documents Audio files Ideas, procedures, checklists Some digital assets are more valuable than others. For example, customer lists are a crucial asset for a sales company. Businesses spend many years acquiring customers and building relationships. If a key employee were to go to a competitor with all of the information in your customer list, it could potentially be devastating your company’s competitive edge and profitability. Another example are videos and photos from a one-time event can’t be replaced. Small businesses often pay a licensing fee for the right to use a photo or video. If the company can’t find the asset, the only options are to pay for another licensing fee, which is a waste of money. Another example is a digital user manual or e-book that contains a variety of assets, such as images, diagrams, and charts. When you are creating a project like this, having an effective digital asset management solution in place will save you a lot of time and money. What is Digital Asset Management? Digital asset management encompasses guidelines and best practices for storing, protecting and sharing digital files among members of a business’ team. DAM includes not just what you see when you open your files but also the information underlying them, including metadata. DAM governs the cloud systems to which your team uploads and stores its work, enables the sending of digital assets to other parties, and builds the backbone of most modern companies. How does digital asset management help businesses? Internal Digital asset ownership is sometimes unclear. As a result, disputes can arise if a business owner dies or an employee wants to reuse content that they created. It’s important to create internal documentation for digital asset ownership and take steps to protect your intellectual property rights. Content rights should be specified in employee and business contracts, as part of email signatures, and on websites and blogs. Business owners should also clearly document all rights, accounts, usernames/ passwords, and passing of ownership with an estate planning attorney. Small businesses need to organize, store and share the digital resources of a company. That’s because different teams, channels, and departments need to store and share creative assets – such as documents, videos, images, podcasts, and media in other formats – to accomplish the organization’s goals. In an era defined by digital communication and remote work, effectively managing digital assets is the only real way to adequately streamline your team’s workflow. Without managing your digital assets, you can’t easily find, share and collaborate with documents among your team. External To reach potential and existing customers, small businesses use digital assets – such as images, videos, blogs, and other forms of media – in marketing campaigns. As such, small businesses need DAM systems to find these assets quickly and, in turn, create, track, organize, and distribute them. Steps to Protect Digital Assets How to protect your company’s digital assets: Create a digital inventory. The first step of proper digital asset protection is recognizing everything that has value for your business. Then create a detailed inventory of it all, including what’s stored where – in the cloud, on an employee’s smart phone or electronic device, or on a computer desktop. Prioritize the most important information. You’ll also need to create a list of whether these assets have any type of password protection in place or similar restrictions. Compile a list of this information and you’ll be able to better assess which areas need improvement or added security. Finally, make sure you have legal protections in place, often in employment contracts and email signatures, that further protect them. Backup everything regularly. Backing up your files – meaning saving everything in multiple locations – is now even easier with cloud storage. You can even double up by backing up on a cloud platform that can be accessed anywhere there is an Internet connection, like Dropbox, plus saving it again on an external hard drive. Include digital considerations in NDAs. Non-disclosure agreements (NDAs) are fairly standard for companies, but changes in the digital realm bring new must-haves in these agreements. Make sure you address digital assets head-on by making it clear in NDAs that if proprietary digital products or information is shared or claimed by an employee, there could be legal ramifications. Copyright and trademark protection. Just because online content is subject to copyright law doesn’t always mean that ownership will be black and white in a courtroom. Take protections a step further by trademarking your company’s logo or registering online content for copyright protection. Any processes your company uniquely creates can also be patented. Discussing options with a legal professional is always a good first step when considering registrations of this nature. Hire and consult with experts. Jobs in the realm of digital asset protection exist to address these issues. In addition to educating employees about the risks that online interactions bring – and if your company has a great deal of unique digital assets – it may be a good idea to invest in a new position. DAM experts will be able to implement security measures more easily and manage accessibility. These professionals will also be able to ensure that any regulations and industry best practices are being followed. Integrate DAM software. Consider purchasing DAM software. Files can be easily searched and stored in these platforms. This software can be used to manage all media content, such as photos and videos, and can assist companies in managing necessary outgoing permission requests or incoming inquiries. By using digital asset management systems, processes and tools, small businesses can boost productivity, improve collaboration, save time, and reduce costs. Here are some of the ways small businesses benefit from a digital asset management system: Clarify who owns digital assets crucial to your business Stop losing digital assets created by your team Saving time by integrating DAM processes or software into existing workflows Adding a layer of protection from theft and privacy with cloud-based DAM systems Improving efficiency by having a system or software in place for managing your digital assets Increasing productivity with faster deployment of marketing materials and campaigns Easily accessing assets for team members and co-workers from one centralized location Fine-tuning how assets are uploaded and distributed, such as by setting expiration dates and file permissions Ensuring brand consistency by reducing the chances of someone using an older version of branded materials across campaigns and channels Saving time and money by reusing assets As data security and storage technologies evolve, the ways you approach managing and protecting digital assets need to be updated regularly. And businesses must consider digital assets in accounting, cybersecurity, and legal ways. It’s your property. Protect it. At Fiffik Law Group, P.C., our business attorneys assist business owners with a variety of legal needs. Get in touch today to learn more.

Bankruptcy stops collection calls, mortgage foreclosures, lawsuits and wage garnishments. It erases debt. And despite what you’ve heard, bankruptcy may help your credit scores. If the thought of filing for bankruptcy conjures up images of fear, shame and guilt, it may help you to know that some famous people have filed for bankruptcy.  Dave Ramsey, the personal finance guru, filed while in his 20s.  So did Cyndi Lauper, Larry King, MC Hammer and Walt Disney.  They went on to have very happy lives. If your debt is piling up and you’re feeling increasing pressure because of it, you should consider filing bankruptcy. The amount that you owe doesn’t matter so much as your ability to pay it back is becoming increasingly unlikely.  You know that ignoring the problem won’t make it go away. When to File Bankruptcy There is no minimum debt to file bankruptcy, but the amount of debt is certainly an important thing to consider when filing. There are other indicators that suggest that filing for bankruptcy might be a good option for you to consider: You received a foreclosure notice and your efforts to work it out with the lender have failed You’ve had a sudden loss of income, and your bills are piling up A separation or divorce has left you with a lifestyle and bills that you can’t pay on your own A health crisis left you with medical bills you can’t pay You can no longer repay your debts Bill collectors are unwilling to work with you You’ve received one or more debt collection lawsuits You found out the hard way that the so-called debt consolidation company was useless What Will Filing for Bankruptcy do for You? Stop Creditor Harassment and Collection Activities.  Once you file, the court issues an order called the “automatic stay”. The stay stops most creditor calls and efforts to collect debt. Stop Mortgage Foreclosure and other Lawsuits.  The automatic stay will also stop foreclosure cases and most lawsuits, but not all.  For instance, creditors can still collect support payments, and criminal cases will continue. Help you Keep Your Home.  If you’re in a foreclosure, filing may help you keep your home. Sometimes you can force a modification of the loan repayment terms.  However, if you can't afford monthly payments or bring the account current, you'll likely lose the house or car once the case is over. Wipe Out Many Debts.  Bankruptcy is very good at erasing most unsecured debts such as credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, timeshare contracts and more.  It won’t erase school loans, most taxes and debts arising from divorce or child support. Calling Us is the First Step We have attorneys with years of bankruptcy experience ready to talk to you.  You’ll feel better if you call.  It’s the first step on your road to financial recovery.  Our bankruptcy attorneys will help you decide if filing is the right solution for you.  Schedule a call with us today.  https://www.fiffiklaw.com/contact

For many divorcing couples, a big question is who gets the house.  This question gets really sticky when there’s a mortgage on the home.  What happens with the mortgage that is still in both spouses’ names?  If you’re the one who does not get the house, how does that mortgage affect you in the future?  What if your ex defaults on the mortgage that’s still in your name? No Longer Married by Still Financially Hitched Pennsylvania allows divorcing couples to request an equitable distribution of their marital assets.  The marital home is often the largest asset to be divided.  When there’s a mortgage on the home in both spouse’s names, the practicalities of dividing the house can be a problem.  Why is this an issue you should be concerned about? Until the mortgage is paid in full, if your name is on the mortgage, you are financially responsible for the loan.  That’s true whether you live in the home or not.  We see many separated or divorced couples with this unresolved problem.  When you want out  of a bad relationship or marriage, you may not be thinking about the many ways staying financially “hitched” to your Ex can be a problem for you. Consider the Following Nightmare Situations: Your Ex Defaults on the Mortgage Can your ex afford the payments on the house?  Do they have stable income?  They may want the house but wanting and affording are two different things.  Maybe they can afford it while receiving child support or alimony payments from you.  What happens when those payments go away?  What if they lose their job or have an addiction problem?  What if they just hate you and want to ruin your credit?  If they fall behind on (or simply refuse to pay) the mortgage, you may have no idea because default notices are sent to the home and not to you. Perhaps you’ll notice your credit score going down.  You may not find out until you’re served with a mortgage foreclosure complaint and by then it may be too late to undo the damage.  You could be left holding the bag for your Ex’s bad life choices or financial problems. You Apply for a Mortgage for a New Home for Yourself So long as your name is on the mortgage for your former house, the debt will be part of your credit history.  Your payment obligation for that mortgage will be taken into consideration if you apply for a loan in the future, including the purchase of a new home.  The old mortgage could prevent you from being approved for loans in the future.  It may also make you a credit risk and increase the amount you have to pay for future loans. You Want to Sell the House and Your Ex Won’t Cooperate If you end up with the house and want to sell it in the future, it may be necessary for your Ex to sign off on the sale in order to convey clear title to a buyer.  If your Ex refuses to cooperate (or you simply can’t find them), you may not be able to sell your house. Dealing with a Mortgage Post Divorce or Separation There are a variety of ways to deal with the problem, all of which have pros and cons.  The one method that is always the wrong answer is doing nothing and hoping for the best.  Here are a few common ways we see the issued addressed: Taking Your Name off the Mortgage The lender won’t do this just because you’re divorced/separated and no longer living in the home.  It doesn’t happen unless the mortgage is refinanced and paid off. Refinance the Mortgage The best solution would be for the spouse remaining in the home to refinance the mortgage to take the other spouse’s name off the mortgage and pay that spouse their fair share of the home’s value.  That’s often not a realistic option because the spouse retaining the house might not qualify for a new mortgage on their income only.  The result is that although the relationship is over, the couple continues to be bound by their mutual financial obligation for the mortgage. Sell the House This is another option that could solve the financial problem but is often not chosen.  It could be that the house won’t sell for enough to pay the mortgage and closing costs.  Maybe the house is where your kids live, and you don’t want them to be forced to leave the home.  One of you may not be able to afford to buy another home or even put a deposit down for a lease.  Maybe one of you simply refuses to cooperate with the sale. Leave Both Names on the Deed It may be tempting to keep your name on the deed if you’re going to remain responsible for the mortgage.  For the person who takes over the house, know that so long as your ex’s name is on the deed, you will not be able to sell or transfer the house without your ex’s consent and participation.  If you get remarried, you won’t be able to put your new spouse’s name on the deed.  You can’t even convey it to your children.  Your ex will continue to own a one-half interest in the property. Include Terms in Your Divorce Agreement This is the best option but too often we see wishy-washy provisions that are useless in the event a problem arises.  If your Divorce Agreement, often called a Marital Settlement Agreement, simply says that your ex has the obligation to continue paying the mortgage with nothing else, that’s simply not good enough. The Agreement might require the spouse remaining in the house to have a life insurance policy sufficient to satisfy the mortgage in the event they die.  It may require the remaining spouse to make specific efforts to refinance the mortgage.  It should certainly include specific remedies in the event they default on the mortgage, including provision that would force them to sell the house, dictate sale prices that must be accepted and giving the non-resident spouse power of attorney to sign sale documents.  The provisions need to be detailed and anticipate problems that are likely to occur. Contact Our Divorce and Separation Lawyers for Assistance If you are thinking about divorce or you’re unmarried and own a home and are considering an end to your relationship, we can explain your rights and the next steps. Contact Fiffik Law Group to schedule a consultation to discuss your rights.

When you (or your employer) decide that your time with the company is over, you probably walk out without a final paycheck in hand. Many workers do not receive a final paycheck; others see weird deductions from their final checks.  Is that lawful?  Probably not.  Can you do something about it?  Absolutely. When Should You Receive Your Final Paycheck? No federal or state law requires your employer to hand you a final paycheck at the same time as your termination or resignation. Nor does any law impose a duty on your employer to make special accommodations to get your pay any earlier than you would have gotten it had you remained employed. Still, an employer does not have the right to keep your paycheck indefinitely.  No matter whether you were fired or resigned, Pennsylvania law requires that you receive your final paycheck on the next regularly scheduled payday. Is it Ever Lawful for Your Employer to Withhold your Final Paycheck? In almost every instance, the answer is no, it’s not lawful.  An employer cannot withhold your final paycheck, especially not as an act of discrimination or retaliation. For example, if the employer fired you shortly after you announced you were pregnant, not only would your termination be unlawful, but it would also be unlawful for the employer to withhold your paycheck for this reason. You are also entitled to your final paycheck even if you violated a company policy. An employer cannot keep your final paycheck as a form of punishment or discipline. It is also unlawful for an employer to withhold your final paycheck because you damaged property, stole from the company, or failed to return equipment or uniforms. What if Your Final Paycheck is a Lot Less Than You Expected? Sometimes departed workers notice unusual amounts withheld or deducted from their final paycheck.  The law is very specific about what employers can withhold from paychecks of any kind: Deductions that are legally authorized; and Deductions that are authorized by the worker in writing and that are for the employee’s benefit. The law permits your employer to withhold payroll taxes and costs for benefits (such as health insurance premiums).  Other common deductions are for uniforms, meals/lodging or tools.  These must be authorized by the employee in writing, in advance and cannot reduce your pay to below minimum wage in any pay period. Deductions Not Permitted by Law: Deductions as a Disciplinary Measure Your employer is not allowed to deduct money from your paycheck as a type of punishment or retaliation. Deductions for Shortages in Register Receipts Your employer cannot balance the register by withholding a portion of your wages. Deductions for Damaged Property Perhaps you were terminated because you were involved in an accident that damaged your employer’s property.  Your paycheck cannot be reduced to pay for the damaged property. Deductions for Pay Advances If your employer advanced your pay, they cannot collect the full amount of the advance back in your final paycheck if it reduces your pay below minimum wage. Unlawful deductions in paychecks and withhold final paychecks are not uncommon.  It is not unusual for employers to misunderstand wage laws and take unauthorized deductions from workers’ wages. Take Action When Your Final Paycheck is Withheld You may have a legal cause of action against an employer if they refuse to deliver your final paycheck in a timely manner. This could include the right to recover any unpaid compensation, penalties and attorney’s fees.  The experienced employment attorneys at Fiffik Law Group are waiting to talk with you about your situation and help you get the wages you worked hard for and deserve. Read More: Never Sign an Employment Contract Without Checking These 5 Things

An all-too-common legal challenge we come across is one party refusing to pay another party for work or services rendered. Without legal representation, it can feel nearly impossible to compel non-paying customers to even respond to invoice requests, let alone actually pay them. In one of our recent cases, Fiffik Law Group Partner Matthew Bole helped his corporate client recover the money they were rightfully owed. Attorney Bole represented a plumbing company involved in a collection dispute with a hotel. Despite completing the work that they were hired to do, the hotel refused to pay, citing alleged issues with the services without providing specific reasons for their stance. When the hotel stopped so much as responding to the plumbing company’s inquiries, the plumbing company sought out the legal services of Fiffik Law Group. As soon as Attorney Bole got involved and filed a lawsuit to recover the unpaid debt, the hotel immediately changed their tune. Involving our legal counsel led to a swift and favorable settlement of the $15,000 owed. By reaching the settlement quickly through negotiations and avoiding going to court, Attorney Bole saved his client considerable attorney fees, time, and hassle. The attorneys at Fiffik Law Group are experienced in handling the complex challenges that come along with owning and running a business. We assist business owners at every stage of the business journey. If you are facing challenges with your business or have questions about LLC formation or succession planning, contact us today for a free initial consultation.

Senate Bill 851 marshals more law enforcement resources to catch individuals who violate the school bus stop arm law. School districts have the choice to add cameras to their school buses to capture the license plate numbers and images of cars that drive past illegally when the stop arm is out and red lights are flashing. The bill expands the automated enforcement program that has been growing in recent years. Much of Pennsylvania already uses BusPatrol's "smart buses," whose data captured nearly 8,000 vehicles illegally passing stopped school buses in the first half of the 2022-2023 school year in Pennsylvania. “This legislation will protect our children, plain and simple,” Senator Wayne Langerholic Jr., who introduced the bill, said. Read the full bill here.

Stealing a package off a front porch will become a felony in Pennsylvania in 2024. “With online shopping being a growing commerce method, package thefts have been on the rise nationwide. It’s time to hold these thieves accountable,” State Sen. Frank Farry said. Senate Bill 527 – now Act 41 of 2023 – implements and increases penalties for mail theft, including a package, bag or letter. Mail theft was charged under other theft offenses based solely on the value of the item taken. Pennsylvania now joins eight other states that have already made porch pirating a felony (Texas, New Jersey, Michigan, Oklahoma, Georgia, Tennessee, Kentucky, and Arkansas.) “This bill focuses on repeat offenders by using a grading system that would increase the penalties if the thief had prior convictions for theft of mail,” State Sen. Frank Farry said. Stealing items delivered by the United States Postal Service is already a federal crime, but this state law applies to all mail deliveries, including from private company companies like Amazon, UPS, and FedEx. It will also allow for local prosecution. Read the full bill here.

Our goal is simple: to assure you that when you entrust us with your legal needs, you're backed by a team of highly experienced lawyers and legal professionals. If you are looking for a leg up as you contemplate and navigate bankruptcy, you would be hard pressed to find a more skilled and experienced advocate than Fiffik Law Group Attorney Richard J. Bedford. Richard has been one the most prolific bankruptcy practitioners in Western Pennsylvania for the last 40 years. He spent much of his early career on the trustee side of the bankruptcy world – administering bankruptcy cases and approving (or dismissing) reorganization plans. A bankruptcy trustee is an administrator appointed by the court to oversee the consumer's case in a bankruptcy proceeding. The bankruptcy trustee thoroughly examines your bankruptcy petition and supporting documents such as tax returns, pay stubs, property deeds, mortgages, and bank statements to look for hidden assets, avoidable transactions, and other irregularities before you are granted your final discharge. If a consumer is not meeting obligations, the trustee can ask the court to dismiss the bankruptcy case. Richard was appointed to the panel of Chapter 7 bankruptcy trustees, overseeing the liquidation of such diverse entities as a UHF television station, a municipal water company, and industrial facilities. Richard joined the staff of the Standing Chapter 13 Trustee for the Western District of Pennsylvania. He represented that trustee and his successor for more than twenty years, conducting trustee hearings and appearing before the bankruptcy judges. Richard also represented the Chapter 12 Trustee, administering bankruptcy reorganizations of family farm debtors. Richard was also selected to serve on various committees formed by the court for refinement of bankruptcy court procedures and rules, and when the court formed a standing local rules committee for the Western District of Pennsylvania, Richard was among the original members of the committee. He now applies his insider knowledge and experience on behalf of consumers to make their cases more successful. “I found it refreshing to advocate for individuals seeking their fresh start through chapter 7 and chapter 13 after so many years being on the trustee’s side of the courtroom,” Richard said. “Knowing the trustee’s thought process and exactly what they are looking for in every unique case ensures I always know the right approach to take for my clients.” Richard represents clients of Fiffik Law Group handling bankruptcy matters throughout Western Pennsylvania.  In the world of bankruptcy, experience matters. With over 40 years of experience on both sides of the courtroom, Attorney Bedford is here to guide you. Call Fiffik Law Group today and our experienced attorneys will provide you with the support you need for a fresh start.

Finally! You have found your next job. The salary is good, the location ideal, and the job fits your skills and experience to a tee.  Your new employer presents you with an agreement you’re required to sign before you start your new job.  Fewer than half of all new employees read the small print before signing on the dotted line to accept a job. Even 27% of lawyers don’t properly check their own employment contracts! Many people assume that it’ll all be fairly standard wording and if there were any issues with the company’s contracts then surely a past or current employee would have kicked up a fuss and we’d have all heard about it, right? Employment and independent contractor agreements are two of the most important documents you will have to sign for your occupation, yet most people will accept whatever employment contract terms given by the employer, no matter how unfair they are.   You may or may not be able to negotiate your employment depending on the relative bargaining powers of the parties.  But you can always ask questions so that you understand what it is that you’re being asked to sign and its impact on your future work life. We think these are the five most important things to check in your employment contract: 1. Non-Competition Clause Non-compete clauses prohibit employees from working for an employer’s competitors for a certain length of time or in a certain geographical area after leaving their current jobs. Companies include these to inhibit competition or poaching of employees. They can end up hindering you from being able to move positions or leave a job you don’t like if you don’t read the specifications carefully. For example, if you work at a bank, a non-compete clause might prevent you from working at any other bank in your town for a period of time. That could really hurt your chances for career advancement. The company wants this clause to be as long and broad as possible, and the employee wants it to be as short and narrow as possible. Tip: We recommend negotiating to tighten non-compete clauses in order to give yourself more potential for job mobility and prevent you from trying to sign a new contract, only to realize you’re barred from working in a related field for a year. 2. Non-Solicitation Provisions A “non-solicitation” clause refers to terms that restrict your interactions with others. Like a non-compete, the non-solicitation period starts when your employment ends and typically continues for a certain period of time. But a non-solicitation clause doesn’t stop you from working for competitors. Some non-solicitation clauses may forbid you from asking former co-workers to join you at a new workplace. Other non-solicitation clauses may forbid you from doing business with your former employer’s customers, prospective customers, vendors, or contractors. Tip:  If you work in sales, be particularly mindful of a non-solicitation clause because your success in your new position might depend on the relationships you formed with customers at your prior place of employment.  You might be prohibited from soliciting sales from them.  Before you take a sales job that includes a non-compete, make a list of your existing customers, their contact information and email it to yourself.  You need some way of providing that you did not acquire that information from your new employer.  This will allow you to continue calling on those customers if you ever leave a position restricted by a non-solicitation provision. 3. Confidentiality of Information During your employment, you will have access to and gain knowledge of information that your employer considers confidential and proprietary information belonging to the company.  Some examples of information considered confidential include customer lists and contact information, pricing information for the company’s products and services, software and other computerized information, sales plans, production methods, and product designs.  In order for this information to be covered by this provision, it needs to be not generally known to the public. Workers can expose themselves to big problems by using their personal devices (phones, computers) for work purposes. If an employer thinks that you left with confidential information, they might ask to remove that information from your devices, which may cause damage to the devices, destroy your personal information and be a real invasion of your privacy. Tip:  We recommend that you avoid using your personal devices for any work-related matter.  Ask your employer to provide you with devices for work or negotiate and understand upfront that if you’re required to use your personal device for work, that your employer does not and will not have access to that device under any circumstances. 4. Invention Assignment Invention assignment provisions require new hires to disclose any inventions they created before starting their employment at a new company. These clauses protect companies from losing patents by preventing employees from taking projects they worked on to a rival but can also allow them to claim ownership of your original work. Tip:  If you, the employee, are somebody who thinks you’re going to come up with an improvement or invention, you should disclose (in writing) what you’ve already done beforehand so that there’s no confusion or disagreement of who owns what you’ve already done. 5. Expense Reimbursements Employees may have a misconception of their right to be reimbursed for work-related expenses.  This is especially true if you work from home and use your own devices and internet connection to do your job.  Pennsylvania law does not generally require expense reimbursements.  However, if you and your employer have an agreement (preferably in writing) such reimbursements are enforceable and must be paid to you within 10 to 60 days of your request. Tip:  Make sure you ask about expense reimbursements and make sure you get it writing upfront either in your employment agreement, an email, or make sure it’s in your employer’s employee handbook. Don’t Go it Alone. There are resources available to help you interpret employment or independent contractor agreements and their jargon before you sign to something. The employment lawyers at Fiffik Law Group are ready to assist you to understand that agreement before you sign and give you tips on how to negotiate a better deal. Contact us with any questions you have or to schedule a meeting to go over your own contracts or agreements.

The landlord/tenant relationship can get complicated. At Fiffik Law Group, we regularly advise both commercial and residential property owners on how to navigate this relationship. Here is a sampling of legal questions we’ve been asked by actual landlords in the last few months: Abandoned Tenant Belongings The landlord believed that her tenant had abandoned the property and took an air conditioning unit that belonged to her in the process. When the landlord went to check, she saw that the tenant’s belongings were still in the property, so she did not enter. Legal Question: What are her obligations regarding abandonment and what to do with the Tenant’s belongings? Tenant Backed out of Lease The landlord's prospective tenant signed a lease, paid half of the deposit, but subsequently backed out of the lease. Legal Question: Can the landlord keep the deposit? Are their any other options to remedy the situation? Repairing Mold The landlord’s tenants notified him of an issue with the gutters on his property. The leak from the gutter had caused water to start draining into basement and there was mold present. Legal Question: What are the landlord's obligations to repair the mold? Evicting a Commercial Tenant A commercial tenant owed the landlord $41,218.91 in back due rent and for the destruction of personal property. Legal Question: How should the landlord go about evicting this commercial tenant? Leases for Specific Situations A landlord needed to prepare a lease addendum for a specific situation with short-term renters. Legal Question: Can Fiffik Law Group review the lease addendum or prepare a new one more tailored to his specific situation? Selling Occupied Property The landlord was selling their property that a tenant still occupied. Legal Question: When does the landlord have to notify tenants? And does he have to to convey the tenant’s security deposit to the property buyer? Cleaning Fee Security Deposit Deduction The landlord’s tenants were required, by the terms of the lease, to clean floors and cabinets, patch any holes in the wall, etc., and must professionally clean carpet and provide receipt upon moving out of the property. When the tenant moved out, none of these tasks were completed. The landlord and spouse spent five hours per day over a three-day period cleaning the apartment to get it ready for next tenant. Legal Question: How much should the landlord deduct from the tenant's security deposit so that it is equal to the labor put in to cleaning? Protecting One Tenant From Another The landlord was faced with a terrible situation where a violent incident between two tenants had left one of them injured and in the hospital. The injured tenant had changed the locks shortly before the incident, and the other tenant, who was out on bail, had asked the landlord to grant him entry. The Landlord did not have a key for the new locks. Legal Question: What are the landlord's options on responding to the perpetrator’s request and evicting the perpetrator? Different Types of Eviction Notices The landlord's tenants owed $8,041.08 in back due rent. Legal Question: What type and timing of notice of eviction is appropriate? Tenant Re-Appears After Abandonment A commercial tenant failed to pay rent to their landlord for over a year, stopped doing business, and then apparently abandoned the property. Sometime later, the landlord started to do repairs to the property, and the tenant came back wanting to reopen his business. The tenant then sued the landlord to gain re-entry to the leased premises. Legal Question: What are the landlord's rights? Already Spent Security Deposit The landlord contacted us seeking advice after his tenant passed away. The landlord's tenant’s niece and executor of their estate was demanding that the security deposit be returned. The Landlord had spent the deposit repairing damages and removing items that had been left in the property. Legal Question: What are the landlord's rights to retain the security deposit? And how else could he be affected by this estate administration process? Evicting a Violent Tenant The landlord posted a 10-day eviction notice on a tenant who had a violent history and was in arrears over $4,000. Legal Question: How should the landlord initiate court proceedings with the lower court? Security Deposit after Death of Tenant The landlord had a verbal month-to-month agreement with tenant who had never failed to pay rent. When the landlord was notified that the tenant had passed away, the landlord was left with the tenant’s security deposit. Legal Question: To whom should the landlord return the security deposit since the tenant's heirs decided to not open an estate? Eviction After Numerous Issues The landlord’s lease provided that their tenant was to pay at minimum $75 a month toward water, sewer, and trash fees. If the total of those bills were in excess of $75, the tenant was required to pay the excess as well. When the tenant purchased and installed a washing machine, the bills increased, but the tenant did not pay for the difference. Additionally, the tenant reported a roof leak after a storm, and the landlord responded by immediately sending out a contractor to fix it. After the contractor informed the landlord that the issue was fixed, the landlord informed tenant that she would be coming to the property to inspect the roof, but the tenant refused entry. Legal Question: Due to the many issues, what all should the landlord include in her notice to evict this tenant? Are you a landlord or tenant with legal questions? Give the experienced real estate attorneys at Fiffik Law Group a call. We're here to answer your questions and help you navigate your unique situation.