Search Results
546 results found with an empty search
- Ultimate Advice for Crypto Investors: Don't Be A Digital Dummy
Cryptocurrency (e.g., Bitcoin, Litecoin, Cardano, Ethereum, Ripple (XRP), etc.) is increasing in popularity as a form of a financial investment and investors are finding high returns. Consequently, cryptocurrency investors are seeking to pass these digital assets on to beneficiaries after death. The very features that make crypto attractive – anonymity and decentralization – can also increase the risk of your executor losing access to your crypto holdings. That is a completely avoidable problem solved by some advance planning. CRYPTOCURRENCY ASSETS ARE DIFFERENT THAN TRADITIONAL ASSETS Despite its name, cryptocurrency isn’t treated the same as your bank account, insurance benefits, or investment assets. Traditional assets have a physical record of currency such as a bank account. For example, if you were to leave the flat money in your bank account in your will to a beneficiary, the person handling your estate (your executor) would be required to produce an original death certificate and letters of testamentary in order to take control of the bank account once you’ve died. In the case of crypto, once you’ve passed, it is not required to show proof of death or power of attorney. Cryptocurrency requires the executor to have the decedent’s passcodes to access and transfer the cryptocurrency account for estate administration purposes. It is essential that you trust who you name as your fiduciary because the fiduciary could use the cryptocurrency passcodes to access and manage your cryptocurrency account with very little oversight. YOUR CRYPTO COULD BE WORTH ZERO IN AN INSTANT Digital wallets for crypto currency don’t have account names or titles. They aren’t registered with a bank or financial institution. Access to digital wallets is controlled by a private key. A digital wallet worth $100,000 (or any other number) without the private key is useless. There is no “change password” option, no 1-800 number to call, and no recourse against a digital currency exchange to recover a lost key. Sudden death or incapacity without proper planning can render an investor’s digital wealth WORTHLESS instantaneously. MATTHEW MELLON AND HIS LOST $500 MILLION CRYPTOCURRENCY Matthew Mellon was a prolific crypto investor and especially noted for his investments in Ripple and XRF. Mellon was a direct descendant of the founder of the Mellon Bank, and Anthony Joseph Drexel, a banker whose investment firm was a precursor to Drexel Burnham Lambert. Mellon invested early on in XRP and his XRP was eventually is worth around $1 billion. Mellon died unexpectedly at age 54 in 2018. Unfortunately, he stored his private keys in cold wallets that were distributed in various banks across the country. He never told anyone which banks and where the wallets were stored or what the private keys were. As of 2022, there have been no reports of the wallets or keys being located. CREATE A DIGITAL ASSET INSTRUCTION LETTER WITH PASSCODES, PASSWORDS AND PINS When a Will goes through probate it becomes public record. Since digital assets are only accessed through passcodes, passwords and PINs, for security purposes, this sensitive information should not be included in your Will should it go through probate. A digital asset instruction letter (“DAIL”) is a separate document that is referenced in your Will but is not part of the Will or subject to public record. DAILs can also be changed at any point in time. So, should you change access information to your digital assets, this can be changed in the DAIL without going through the hassle and legal requirements of changing your Will. We recommend creating a DAIL that includes: A list of digital wallets and where they are stored (e.g., computer, smartphone app, physical device) Website names and URLs to any exchange used for buying and selling cryptocurrency Username, passcodes, passwords, PINs and keys needed to gain login access to the digital wallets, exchanges, websites, accounts and devices associated with your digital assets Once the DAIL is complete it can reside with your Will or trust in a separate location. CONTACT FIFFIK LAW GROUP TO LEARN MORE ABOUT INCLUDING CRYPTOCURRENCY IN YOUR ESTATE PLAN Adding cryptocurrency to your estate plan is a delicate and technical job and is best to be accomplished by an attorney well-versed in different types of cryptocurrencies and digital wallets as well as estate planning and asset protection. The experienced estate planning attorneys at Fiffik Law Group can assist you in incorporating your cryptocurrency into your existing Will or creating a new Will or Trust with the digital financial assets and physical assets you would like to pass on. Contact us today.
- Removing an Executor for Misconduct or Theft
A big courtroom battle over a loved one’s last Will and Testament may make for great TV, but when it happens in real life, it’s very stressful and painful, as many past family wounds are reopened. While we try to prevent these situations through good estate planning, sometimes probate litigation is simply unavoidable. What is Probate? Probate law governs how an individual’s possessions and assets are distributed after death. Probate is a court-administered process for determining how a decedent’s assets are distributed after death. Whether you have a will or pass away without one (called intestacy), many decedents’ estates will go through Probate. Most of the time, these matters are routine and handled without conflict. However, there are times when legal contest arises, which is when probate litigation becomes necessary. What is an Executor? When Pennsylvania residents prepare their wills, they normally designate trusted individuals to serve as the executors of their estates. Executors have several important fiduciary duties and must act in the best interests of the decedent’s heirs. An executor’s job begins immediately after the person dies. Some of the jobs of an executor include: Locating the decedent’s Will and presenting it for probate; Identifying and gathering all of the assets of the decedent; Identifying the beneficiaries who are entitled to receive assets; Selling any assets of the decedent; Paying inheritance and death taxes attributable to the decedent’s estate; Paying any outstanding bills and debts of the decedent; Distributing all liquidated assets to the Decedent’s heirs and beneficiaries. Typically, an executor manages an estate with utmost integrity and ability. Unfortunately, not every Estate management is administered smoothly. An executor may not pay bills or sell property in a timely manner. Taking too much time to sell real property is typically not misconduct. Types of Executor Misconduct Misconduct generally arises from acts or activities over which the executor has direct control. Worse, an executor may mismanage the Estate or engage in self-dealing with the Estate. Some examples of executor misconduct include: Delaying or refusing to offer the Will for probate; Failing or refusing to provide family members with information about the Estate; Failing to timely gather assets belonging to the Estate; Permitting real property to fall into disrepair; Misappropriating Estate assets that are intended for beneficiaries; Mixing the Executor’s personal funds with the Estate’s funds; Failing to pay creditors or inheritance taxes; and Withholding distribution of inheritances to beneficiaries. When the heirs to an estate want to remove an executor, they must petition the probate court and show that they have valid grounds. What is Probate Litigation? Probate litigation is a lawsuit filed by a probate attorney in a Pennsylvania probate court when there is, for example, a dispute over a will. Probate litigation can also become necessary in situations where a person has become incapacitated and can no longer manage their affairs, requiring a guardian, in situations where there is a dispute regarding who should be a guardian or in situations where someone is suspected to be abusing their role of guardian. Probate litigation can also become necessary in situations where someone with power of attorney is suspected of misconduct or stealing money from their loved one. Contesting a Will Contesting a will is probably what comes to mind for most people when they hear the words probate litigation. Common grounds for contesting a will in Pennsylvania include: Undue Influence: this can reveal itself in a variety of ways. Sometimes a family member believes the deceased was pressured or coerced into including or excluding individuals in their will. Often it is believe that a family member used their close relationship with the deceased to cause them to change a beneficiary form, retitle accounts or outright give money to the bad actor. These are common situations where undue influence leads to probate litigation. Invalid Will: if the testator (the person who created the will) failed to follow Pennsylvania requirements for signing a Will, e.g. it lacks the signatures of two impartial witnesses – then that can create grounds to contest. Mental incapacity: if a family member believes the deceased was not of sound mind – for example, if the testator suffered from Alzheimer’s or dementia – when the will was created and signed, or when accounts were changed shortly prior to death, then a family member might contest the Will. It’s also important to note that only certain people – called an “interested party” – can legally bring will contests. These individuals are those who would legally be heirs if there were no will and those who were named in previous wills but are now not named. A probate attorney can help you determine whether you have grounds to contest a will and, if you do, can file a claim on your behalf with the probate court. Pennsylvania Probate Litigation Attorneys Probate litigation matters are usually fraught with intense emotions, often pitting family members against each other during times of grief. When so much is at stake, it’s critical to find an experienced probate attorney you can trust to act in your best interest while handling your case with sensitivity and compassion, like those at Fiffik Law Group, P.C. Contact us at 412.391.1014 to schedule an assessment with a probate attorney in our Pittsburgh, Allison Park or Radnor Pennsylvania offices.
- Your Right to Take Video and Photographs
Every week, a recorded violent encounter with law enforcement reveals how important is can be to have photos and video evidence. This recent incident involving a traffic stop with a Jacksonville woman is a great example. Taking photographs and videos of things that are plainly visible from public spaces is constitutionally protected activity. This includes police and other governmental officials carrying out their duties. The law is a bit more nuanced when it comes to private home cameras that may be pointed at your neighbors property. Here are a few key tips to know about your rights relating to photos and videos. Video in Outdoor Public Spaces When you are in outdoor spaces where you are legally present, you have the right to capture any image that is in plain view. Unfortunately, law enforcement officers sometimes order people to stop taking photographs or video in public places, and sometimes harass, detain or even arrest people who use their cameras or cell phone recording devices in public. Generally, police should not order you to stop taking pictures or video. Police may order you to cease activities that are truly interfering with legitimate law enforcement operations. In the event of a dispute, the courts will generally give the officers the benefit of the doubt. So if you’re asked to stand back, we encourage you to do so. It is better to back up or put the camera away than risk being arrested. Under no circumstance should law enforcement demand that you delete your already-recorded video or photos. It is possible that courts may approve the seizure of a camera or phone in some circumstances if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves. In Pennsylvania, the police cannot view the contents of your phone without a warrant. This is true even if you do not have your phone protected by a passcode, pattern lock, fingerprint, or facial recognition. In the 2018 case of Commonwealth v. Fulton, the Pennsylvania Supreme Court ruled that any means of access to cell phone data by law enforcement without a warrant violates the owner’s Fourth Amendment rights. Never consent to a police officer accessing and searching your phone. Recording Audio and Video (Including Cell Phones) You have a right to capture images but you do not always have the right to record what people are saying. Pennsylvania's Wiretap Law makes it illegal to record private conversations - which can include conversations in public places - without the consent of all parties to the conversation. Never record a telephone conversation without the permission of all persons to the conversation. Conversations with police in the course of their duties are not private conversations, but many other things you may record on a public street are. You can record video and audio of police officers performing official duties in public. You can record police at a traffic stop, during an arrest and an interrogation. You can record people protesting or giving speeches in public. Video and Audio in Non-Public Setting Whether you’re trying to protect your home, look out for all of your online deliveries or make sure your dog isn’t getting into the trash, there are a million reasons why home security cameras are growing in popularity. At the same time, you may be unnerved to know that so many of your neighbors might have their cameras trained on your home. This is an area of law that is rapidly changing. Although the laws aren’t overly explicit and vary by state, here are some rules of the road that should keep you out of trouble. Public vs. Private Property If you are not on public property and are on private property, it’s generally not legal to record video, or else you must abide by the property owner’s rules for video recording. When you are on private property, the property owner sets the rules about the taking of photographs or videos. If you disobey property owners' rules, they can order you off their property (and have you arrested for trespassing if you do not comply). Expectation of Privacy Generally, it’s legal to record video in public. That goes for your everyday doorbell cameras, security cameras, etc. The only caveat is that anyone on camera should not have a reasonable expectation of privacy. A reasonable expectation of privacy means that places assumed to be private like bathrooms, changing rooms, locker rooms, hotel rooms, and bedrooms, are generally off limits. Now of course if it is your bedroom in your house, you should have no legal problem, but if you want to stay out of trouble, your best bet is to keep the cameras out of the bedrooms, etc. Where Can You Point Your Outdoor Cameras? Outdoor cameras, including video doorbells, can reasonably be stationed around your property, provided they don’t point directly into a room or space that a neighbor would consider private. Rather, cameras are allowed to point from your front door at the street, front lawn, or your own back door, etc., but as soon as you can see into a neighbor’s house, that’s when things get a little dicey. The best course of action is to keep those digital eyes focused on your own property and/or public property. Nanny-Cams In Pennsylvania, it’s legal to set up a hidden nanny cam in your house. You live there, and you have a right to know what’s going on inside those walls when you’re not there. In fact, hiding a nanny cam is legal in every state in the country. Be careful about recording audio. Recording someone else’s voice without their consent in Pennsylvania is against the law. So, if your nanny cam is recording (or streaming) sounds while you’re away, you better let your babysitter know. Even better would be to post a notice concerning the presence of the cameras and that they are recording sounds. Beware of Camera Hackers While you can use a hidden recording device in your home, it’s important to understand that a wireless – or WIFI – version might be risky. While the wireless camera can let you live-stream what’s going on while you’re away, it’s also susceptible to hacking. Many homeowners have discovered that efforts to protect their kids with nanny cams have backfired – resulting in footage of their children posted online. This doesn’t mean your camera will be hacked or that your home (and kids) will be live-streamed on the internet. However, there’s always a chance. Use a password-protected network. Change your password frequently. Don’t give the babysitter access to that network unless you trust them and know them well.
- Anne Heche Died Without a Will
Less than one month after Anne Heche died, it’s been revealed that the actress didn’t have a will. According to recently filed court documents, the 53-year-old star’s eldest son, Homer Laffoon, has filed paperwork to be put in charge of his late mother’s estate. “The Estate consists of two (2) intestate heirs—Homer Heche Laffoon and Atlas Heche Tupper. Homer Heche Laffoon is an adult and the proposed Administrator. Atlas Heche Tupper is a minor,” the documents read. “Filed concurrently with this petition is a Petition for Appointment of Guardian ad Litem for the minor, which specifically requests that the guardian ad litem be granted the authority to waive bond on behalf of the minor.” What This Means for Heche’s Children Ms. Heche “waived” her right to dictate to whom, when and in what proportions her hard-earned assets will be distributed following her tragic and untimely death. In doing so, she’s relying on the government’s will, also called the law of intestate succession, to take care of her family. Would you trust the government’s will to do right by your family? Of course not. Here's What Would Happen to You If this was your situation in Pennsylvania, here are a few of the host of issues that would ensue: The court will decide who will administer her estate. Is a 20-year-old capable and ready to administer a multi-million-dollar estate? It’s a huge responsibility. Does he have the discernment and judgment to deal with some of the unscrupulous people who prey on the unwary in Hollywood? The court may not agree to appoint her son as the administrator. The court could appoint an independent person for the job, at a very high cost to her estate, leaving less of her estate to her children. Its possible that Anne’s ex, James Tupper, may oppose Homer’s application. Tupper might even petition to be appointed himself as the administrator of the estate. Would you be happy if your ex ended up administering your estate? For most people, the answer is probably not. Do her children know what assets she owns? So many people have accounts that are online only. It’s possible that her son will be totally unaware of digital accounts that Heche owns. Download our Free Estate Organizer Her 13-year-old son Atlas cannot receive his inheritance directly because he’s a minor. A judge will decide who will receive and hold his inheritance until he turns at least 18. Anne does not get to decide who will manage her son’s money. It will probably not be Atlas’ father. The person appointed by the court will surely charge fees to administer the money, leaving less for Atlas Heche to inherit. Atlas stands to inherit millions when he turns 18. Will he be mature enough to manage all that money? Had Heche prepared a simple will, she could have deferred his receipt of his inheritance until he was older and mature enough to manage that kind of money. Without a will, she waived her ability to manage and control her children’s’ access to her wealth. Estate Planning for Families with Children Her children will divide her estate evenly. Is that what she would have done? In some families, there are good reasons for an uneven distribution of an estate, especially when there are large age-gaps between the oldest and youngest. Did Heche leave any instructions for how she wants her image and digital assets to be handled after death? What happens to her social media accounts, digital files on her computer, phone and cloud accounts? Precious information about Heche could be lost forever because she did not leave instructions for how to access and how to handle these accounts after she died. None of us knows when our time will come. But we can be ready for that time. You have the right – and privilege – to plan your estate. You work hard for your money, and you love your family. It makes sense to make it a priority to get your estate planning completed. Do not trust the government’s will to take care of your family. It will not work out how you might think. We make it easy to protect your family. We prepare thousands of estate plans every year and our experienced estate planning attorneys are ready to help you too. Get started online today. In ten minutes, you’ll be on your way to getting this very important task completed. Check Out Our Series on What Happens When You Die Without a Will
- Prenuptial Agreements: Do I Need One?
By: Ashley E. Rundell, Esquire, Fiffik Law Group, P.C., Associate Attorney Since the beginning of time, there have been countless misconceptions about what prenuptial agreements are and who should get one. When one partner requests a prenuptial agreement prior to marriage, the other may see this as offensive or a lack of trust. Other people may not think they are wealthy enough for a prenuptial agreement to be a necessity. Increases in second marriages and the trend of delaying marriage have caused couples to take a second look at prenuptial agreements as important asset protection and estate planning tools. Contrary to these popular beliefs, prenuptial agreements are for everyone, and I recommend one to almost every client looking to get married soon. There are a wide variety of benefits to a prenuptial agreement that make it a good move for any couple. As a family law attorney who often represents clients is extremely contentious divorces, many people I work with often wish they had a prenuptial agreement to avoid the fighting over asset and debt distribution. Having an agreement prior to marriage can avoid arguments and make the divorce process much faster – and cheaper! In addition, upon marriage, someone can easily become liable for a significant amount of debt acquired by their spouse. However, a prenuptial agreement clarifies the financial rights and responsibilities for both spouses, including whether individual debts are kept separate. The most important reason I recommend a prenuptial agreement to every couple is to avoid allowing the state laws to determine how property is divided upon divorce or death. For example, in Pennsylvania, all property acquired during the marriage or pre-marital property that gained value during that time will be equitable (or otherwise evenly) distributed between the parties. This could include the marital residence, student loans, and retirement accounts that the parties may not have initially wanted to be split. Having a prenuptial agreement allows couple to make these decisions for themselves. For these reasons, it is important to have an attorney who can ensure your prenuptial agreement is clear, understandable and protects you in the event of divorce or death. Contact Fiffik Law Group to get yours started today.
- Rock-Solid Advice for Influencer Contracts
Influencer marketing has exploded the last few years. So too have the plethora of articles and videos about how to start and succeed as an social media influencer. Influencer marketing is a business and like any business, has its legalities. These are not discussed nearly as much as other topics. However, legal issues are just as important with influencer marketing as they are with everything else. In this article, I hope to help shed light on one of the more important legal aspects of influencer marketing: the influencer contract. Find out what is it, why its important and the key terms that should grab your attention. Here are the top six legal issues to be concerned with in an influencer agreement. 1. Scope of Work The first priority will always be the scope of work. For the benefit of both sides, the contract should detail the work to be performed and its purpose. Is the influencer being hired for content creation? Collaboration? Brand ambassadorship? Attendance at an event and visibility? Participation in a larger advertising campaign? Companies should specify how their brand will be seen by the influencer’s audience. This can include granular details such as if the content needs to be uploaded with a specific hashtag or mention. This clear work description avoids scope creep for the influencer and ensures all parties are on the same page. Influencer agreements these days are primarily about content creation. The contract should specify what the content is – whether it's a video, article, Tweet, blog post, live stream, photo shoot, etc. Often, it's several of these things. The contract should also specify when and where these discrete projects should be completed, uploaded, and/or shared, and whether the company has any control over the final product (e.g., rights over editing, approval, unposting). Brands may want to pre-approve content before its posted for the length of the contract or for a period of time until both parties are comfortable. 2. Copyright/Intellectual Property Rights The contract should specify who owns what – the company owns the product or service, but who owns the content? Sometimes the influencer owns the content, and the company gets the rights to use it for a certain period of time. More often the company owns the content (as a “work for hire”), and the influencer gets the rights to use it as part of their portfolio. It will depend on the parties themselves and the nature of the project. 3. Employee or Independent Contractor Misclassification of workers opens a huge liability door to companies. They can be on the hook for unpaid overtime, payroll taxes and penalties. There has been quite a bit of litigation during the last few years over whether a worker is classified as an “employee” vs. an “independent contractor.” Influencers should expect to be classified as independent contractors. From the influencer’s perspective this means you’ll pay more taxes on your wages because the brand is not sharing the tax burden as they do when they pay someone as an “employee.” Influencers can provide a wide variety of services, some of which could run afoul of classification laws resulting in wage payment and labor law penalties in many states. While there's no bright line test, generally the more control exerted over the influencer, the higher the risk that paying them as an independent contractor might get a brand in trouble with the IRS or Department of Labor. For example, providing equipment, renting props, and securing a location for the influencer's video shoot, dictating what a Twitter post says verbatim, or retaining approval rights and/or editing the social media content before it goes live are all different ways that control can be exerted. 4. Access to Influencer Digital Accounts and Data Brands that use influencers will also want to pay attention to key performance indicators (KPIs) – e.g., conversion rates, reach and awareness, referral traffic, audience growth, engagement, etc. Some brands want the influencer’s social media login information so that they can see what notifications are being generated by the content. Other access requirements include Google Analytics, social media analytics, screenshots, and anything else that can help measure campaign success. This makes sense, right? Brands are only going to pay you if you’re effective. Companies may want to consider contractual terms that grant them access to the influencer data so that these KPIs can be reviewed. It also might be wise to include the parties' obligations with respect to influencer marketing platforms (e.g., CreatorIQ, Mavrck, GRIN, Popular Pays, etc.). Influencers should work to segregate anything they want to be confidential and person from sites or computers to which Brands will have access. That often means using one set of devices for your influencer work and other devices for personal matters. If you care about your privacy, you should work to keep your personal stuff personal and your influencer stuff strictly business. 5. FTC Guidelines The Federal Trade Commission (FTC) has a number of rules governing advertising messages to consumers. The FTC is concerned about endorsements that are made on behalf of a sponsoring advertiser. For example, an endorsement would be covered by the FTC rules if an advertiser – or someone working for an advertiser – pays you or gives you something of value to mention a product. If you receive free products or other perks with the expectation that you’ll promote or discuss the advertiser’s products in your blog, you’re covered. Influencers who are part of network marketing programs, where they sign up to receive free product samples in exchange for writing about them, also are covered. What NOT To Do: 1st don’t forget to mention business relationships. 2nd but don’t obscure that disclosure. 3rd, don’t assume that people know about your relationships. (people you know who work for companies whose products you’re promoting) What TO Do: Make sure that you disclose everything Only endorse things that you have worked with yourself Engage exclusively with products and services that you can honestly recommend. Check out the FTC Guidelines for Influencers 6. Compensation Influencers who do not pay special attention to the compensation terms may end up with buyers remorse for a bad contract. Timing and frequency of payments are key terms. When will the brand be paying or sending products to the influencer. Some brands choose to work with different currencies. Make sure that compensation will be paid in dollars, euros or whatever you can fairly evaluate from a value standpoint. Get Legal Advice Whether you’re just starting your influencer business or you’re a veteran, its wise to work with an attorney about all of the legalities for your business. Make sure you legal team reviews your contracts and helps you negotiate with brands. Setting expectations at the outset of the brand relationship is vitally important to success.
- Black-Owned Business Spotlight – Trustworthy Piercing Gallery LLC
To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that came highly recommended is Trustworthy Piercing Gallery, owned by Pittsburgh native, Ciara Harris. Trustworthy Piercing Gallery offers body piercing, teeth whitening, and teeth gem installation services. Piercings may be Ciara’s most popular service, but teeth gems are her real niche. She performs a wide variety of services tailored to each client’s preferences, while always ensuring that they feel comfortable and confident. Ciara started out working in a tattoo parlor as a piercer. As she mastered her skills and grew in popularity, she decided to go out on her own. 10 years of experience later, she officially debuted her own company, Trustworthy Piercing Gallery. Ciara and her growing team of beauticians and piercers currently handle about 30 clients per week. In addition to piercings and teeth gems, they also offer facials, waxing, and makeup services. It would be difficult to find a business that offers the wide variety of services that Trustworthy Piercing Gallery can provide! Trustworthy Piercing Gallery is located at 2201 Ardmore Blvd, Unit 4 in Pittsburgh, Pennsylvania. It is currently open Tuesday through Saturday from 1:30 p.m. until 6:00 p.m. but will be extending operating hours soon. Appointments can be made online through the Trustworthy Piercing Gallery website or by phone at 412-318-5566. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more of the businesses on this list.
- Black-Owned Business Spotlight – Herring Seminars & Consulting
To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that Fiffik Law Group has personal experience with is Herring Seminars & Consulting, owned by Dr. Christine Herring and Dr. Chuck Herring. Herring Seminars & Consulting offers personalized diversity, equity, and inclusion (DEI) solutions to organizations so that they may build diverse and inclusive workspaces. “We want to create a world where a company’s ability to cultivate a diverse workspace, one that is welcoming of all people, is valued just as much as its ability to earn revenue.” -Herring Seminars & Consulting Vision Statement Herring Seminars & Consulting believes that a safe and inviting workplace leads to better worker retention, talent recruitment, and team communication. Christine has always been passionate about DEI work. From an early age and throughout her academic and professional careers, she has often been the only Black individual in the spaces she has occupied. She has always made it her mission to leave these spaces better than she found them for other people who looked like her. This inherent responsibility is what catapulted her into DEI work, and what ultimately inspired Herring Seminars & Consulting. “If you change the way you look at things, the things you look at will change,” Christine says. Christine began her career working in a school to build a DEI team. She recruited people from each level of the school to work with her, learn with her, and collaborate on a collective purpose. Christine noticed that many people, especially when it comes to DEI work, talk a lot about what they are going to do, but then they are slow to action. With her team, she ensured that they immediately put their plans into action. No matter how results-oriented a team may be, however, Christine knows that that there is no overnight fix. In order to build relationships, you have to invest time. “We work to improve DEI one conversation at a time,” Christine says. Christine built and grew DEI teams that flourished in schools. She moved on to accept numerous teaching and leadership positions, all the while receiving increasing requests for her services at outside organizations. As much as she cherished being a child educator, she knew that she could make a greater impact by expanding her work to a wider audience. But after 20 years of experience, it was a difficult decision for her to leave the classroom. What finally motivated her to go out on her own was an insight from her daughter: “Why are you hiding in the classroom when you could touch so many more lives if you left?” Since 2019, Herring Seminars & Consulting has officially been Christine’s primary focus. She and her husband, Chuck, hope to continue to grow and touch as many organizations as possible – and they have already touched Fiffik Law Group. Recently, Chuck presented at our Juneteenth-inspired continuing legal education and training event. “I’ve known Dr. Herring for 20 years and a more positive, inspirational person you will not meet,” Mike Fiffik said. “Dr. Herring and Herring Seminars & Consulting gets my highest recommendation – have him in to speak with your group. It’ll be a positive and memorable experience.” Herring Seminars recognizes that every organization’s starting point is different, and every organization’s journey is unique. They are committed to meeting each company wherever they are and offer a helping hand in navigating the complex world of DEI. “Everyone is lifting at different rates, but the key is that everyone is doing the lifting and leaning into the work,” Christine says. Learn more about Herring Seminars & Consulting on their website where you can schedule a 30-minute call to learn more about their offerings. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more Black-owned businesses.
- Black-Owned Business Spotlight – Reecies Soaps
To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that was referred by one of our LegalShield members is Reecies Soaps, owned by Reece Turner. Reece Turner is a Westchester, Pennsylvania high school student who suffered from severe eczema. Eczema is a condition that causes dry, itchy, and inflamed skin. She and her parents sought out countless different medicines and products to give her skin some relief, but it was to no avail – everything seemed to just worsen her condition. Instead of giving up hope, Reece decided to research and make her own soap to treat her eczema, and it worked! After that, she decided to use her gift to help others, and thus, Reecies Soaps was formed. Every time Reece hears feedback that her products helped someone else cure their eczema, it reaffirms the importance of what she is doing. Reece has broadened from soaps to all different kinds of products – lotions, lip balms, sprays, and more. Although everything she sells are for all skin types, she takes pride in how she got started. “My favorite product is the Coconut and Olive Oil soap bar because it was the first soap I created, and it is the one that helped me through my eczema,” Reece says. Reece uses basic, natural ingredients in her soaps that are best for your skin. Unlike mass produced soaps, Reecies Soaps only have about a one-year shelf life because they are made without any harsh chemicals and preservatives. While chemicals and preservatives make other soaps “last,” they also make them much worse for your skin and overall health. In addition to running her business and being a full-time student, Reece plays high school basketball and track. She balances her busy schedule by processing and mailing her soap orders after school and only keeping shop hours on the weekends. Moving forward, Reece hopes to expand her business to multiple shop locations and work with other local and online retailers to carry her products. Reece’s talent and drive is something to aspire to – she knows how much continuous work and motivation it takes to make one’s dream of a reality. She lives by her favorite quote: “Follow your heart, but take your brain with you.” -Alfred Adler Reecies Soaps offers seasonal products and scents, such as pumpkin spice for fall. Bulk orders for events like baby shower gifts, wedding favors, and more are also available and customizable. You can even join Reecies Soap Club, a subscription where you will be automatically sent three soap bars per month for $16.95 or six soap bars per month for $34.95. Check out everything Reecies Soaps has to offer on Reece’s website. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more Black-owned businesses.
- DUI: You Really Cannot Afford It
By: Ashley E. Rundell, Esquire, Associate Attorney, Fiffik Law Group, P.C. In Pennsylvania, if you have been arrested and charged with driving under the influence of drugs or alcohol (“DUI”), it can have significant consequences. If you are convicted of a DUI, you face suspension of your driver’s license, substantial fines, and possible jailtime. The costs associated with a DUI conviction vary substantially based on a wide variety of factors, including blood alcohol content (“BAC”), number of previous DUI offenses, and the severity of any injuries or other damages. Of the approximately 50,000 people arrested with DUI-related crimes in Pennsylvania each year, many will find themselves in big trouble with the court. The Pennsylvania Crimes Code allows for significant penalties for convictions in DUI cases, ranging from a simple $300 fine with brief probation up to five years in jail, with a $10,000 fine and 18-months suspension of your driver’s license. DUI Penalties in Pennsylvania: In most instances, retaining an attorney can greatly reduce the possible consequences that follow a DUI-related arrest or even to avoid a conviction altogether. By hiring an experienced attorney with Fiffik Law Group, P.C., you will have an effective advocate every step of the way after being charged with a DUI.
- DUI: Accelerated Rehabilitative Disposition (ARD) Program
By: Ashley E. Rundell, Esquire, Associate Attorney, Fiffik Law Group, P.C. When someone is charged with driving under the influence of drugs or alcohol (“DUI”), especially for the first time, there is always uncertainty regarding how the charge could affect them in the future. The Accelerated Rehabilitative Disposition (“ARD”) Program, available in all Pennsylvania counties, allow offenders charged with a DUI to enter a probationary program to greatly reduce the impact and consequences of the charge. Instead of being found guilty and faced the requisite consequences, ARD programs allow offenders to avoid a conviction and complete a set of requirements with no jail time or significant license suspension. These requirements include a period of probation, payment of court fees and restitution (if any), Alcohol Highway Safety School, a drug and alcohol evaluation, and a license suspension of about 30-90 days depending on the charge. To be accepted into the ARD program in any county, the local District Attorney must first find you eligible and then a judge must accept you into the program. As there are some restrictions to eligible, it is important to discuss with an experienced criminal defense attorney about the circumstances surrounding your pending charges. If you are eligible, the attorney can work with you to ensure all requirements of the program are satisfied. The ARD program allows for a fresh start, as the criminal record will be expunged upon completion of all requirements. To discuss whether your case may be eligible for ARD, contact our attorneys today.
- Business Continuity | Caring For Your Business
If you have a critical illness or pass away, who will run your business? If you don’t have a plan for this scenario, you’re exposing your business and family to serious financial risk. If you’re involved in a serious accident or suffer a sudden illness, this is a scenario that could prove disastrous and push your business into rapid decline because there is no one ready to take charge of the day-to-day operations of your business. Your business could lose hundreds of thousands of dollars in value while your family tries to pick up the pieces if the worst happens. This was what happened to a local business owner named Bill, who died suddenly this past spring. He owned a small plumbing business. While a great business person and family man, he had one fault: he was a procrastinator. Bill wasn’t in the best of health and had experienced a few warning signs in the couple of years prior to his death. When I discussed his estate and succession plan with him, he insisted he had it handled. He was to let me see the plan, but kept putting that off. In short, he didn’t have a plan. I did not know this until after he passed away. The ensuing weeks of grieving by his friends and family were constantly interrupted by customers, employees, and vendors who needed attention. It was also an immense amount of work to transfer his business to a new owner. Luckily friends and colleagues stepped in to help, but in the end, the estate received only a fraction of what the business was worth. While he had taken care of his family well, they lost potentially hundreds of thousands of dollars in value of the business, which could have been prevented with a plan. Bill never would have wanted it to happen that way. I am sure you don’t either. Most small businesses share a common trait – they rely on one person, usually the owner, to operate at peak efficiency. Other than your home, your business is likely your most valuable asset. You and your family rely on it for short-term income and long-term equity. It’s critically important to preserve its value. One very important way to do that is to have a continuity plan. If you go down, your plan needs to answer three key questions: who, what, and how. Who Who is going to run your business when you’re not around? Someone needs to be in charge so your business runs without missing a beat. It should be someone you trust, who has the know-how and can make decisions. Maybe that’s someone on your staff now or a member of your family. If you look around and that person isn’t there – you should go and recruit that person. It’s very important to identify someone who is unambiguously in charger for your employees. It’s especially important for banks especially to write checks, draw on lines of credit, use credit cards. Access to cash is key. Action step – the best way to answer the “Who” in your plan is to have a business power of attorney. Identify the person who will take over, a backup person, and outline what they can and cannot do. What What are the essential “nitty gritty” bits of information that your designee needs to run the business? Information that only you have that is used regularly to run the business? Examples include usernames/passwords for bank accounts, your website, bookkeeping software, ordering software. Checkbook. Credit cards. Banking information. Key contacts – names, phone numbers and email addresses. Action step – write these things down; make them available to your designee. Put in a shareable file that only you and your designee can access. Consider using business password keeper software. How You’re probably the only person who knows how all aspects of your business functions. Most employees know their role and little else. You know all the roles and responsibilities. You know the intangible stuff that someone who doesn’t know but tries to run your business calls the learning curve. What are the processes and procedures that only you know? Pass that know-how onto your designee. Help avoid their mistakes. The steeper the learning curve, the more value your business loses. Action step – write down key processes and procedures. Prioritize spending time training your designee. Your business is one of your most valuable assets. It’s important to you and your family. Having a continuity plan is a great way to protect its value. That plan should identify who will run your business if you’re not around, provide what information is critical to running your business and explain how your business actually functions. The experienced business attorneys at Fiffik Law Group can prepare a business power of attorney and help you with an estate plan that is tailored for your small business and family. Contact us today for a free consult.











