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A picture may be worth a thousand words, but a letter from a LegalShield® attorney is worth over $50,000. Recently, Fiffik Law Group Attorney Adie Kurtanich was able to remove a $50,000+ improperly filed lien against her client’s home through a well-crafted letter. The unsatisfied need for civil legal services is immense. Americans experience millions of civil legal problems every year. The average is three problems every 18 months. It's not a question of “if”, but rather “when” Pennsylvanians will have a legal problem. Attorney Kurtanich’s client was not aware of the lien filed against her until she applied for a senior citizens home improvement program. One of the program’s requirements was that there could be no judgments or liens impacting the home. Through a title search, the Montgomery County woman found out that there was a lien against her property that she was never notified about. If a lien is going to be filed, 30 days of notice of intent to lien must be provided. In this case, it was not. A lien is a claim against assets that are used as collateral to satisfy a debt or to repay a loan. “If they were going to make a claim against the estate, she should have been notified,” Attorney Kurtanich said. “She should have also been served with the complaint prior to the lawsuit, which she never received.” It was soon discovered that the lien was filed by the woman’s deceased husband’s former employer. They had obtained a judgment related to an alleged pension overpayment, which are very uncommon. The judgment was obtained after her husband died, and no notice of any proceedings was provided to her or her husband’s estate even though the employer knew her husband had passed away. A judgment is the final decision of the court. Thankfully, the woman reached out to Fiffik Law Group for help. Attorney Kurtanich sent a letter to her husband’s former employer explaining why the judgment and lien were improper. After receiving this letter, the former employer immediately released the lien from the woman’s home. “Resolving this matter with a letter and a discussion rather than her having to go through a formal legal proceeding saved my client approximately $3,000-$5,000, but possibly even more since this would have been an appeal,” Attorney Kurtanich says. Without a LegalShield® membership and an attorney like Adie Kurtanich on her side, this woman would not have realized that she even had grounds to have the lien released. She also wouldn’t have known that writing a letter was a plausible, and much more affordable, alternative to going to court. And even if she had known these things, she simply would not have had the money to hire someone to initiate legal proceedings. “Sometimes you need a lawyer’s perspective to evaluate all potential legal options in order to find a path forward,” Attorney Kurtanich said. “There may be an easily available solution, but without the knowledge of a tenacious lawyer, you may never know. For those times, we are here for you.” Fiffik Law Group's mission is to provide access to justice for all. If you are interested in becoming a LegalShield® member, learn more here.

Fiffik Law Group understands the issues associated with forming, operating, and growing small businesses because we have years of experience in representing thousands of them. We make an effort to support local and small businesses in as many ways as we can, and one of the ways we do this is by spotlighting one of our clients’ exciting new businesses every month. This month, we are shining the spotlight on Adams Media, founded by Pittsburgh native Joshua Adams. Joshua Adams was inspired to begin Adams Media during the summer between his junior and senior year as a Marketing major at Penn State Behrend. While working as a server at an Italian restaurant, he offered to handle the restaurant’s marketing by running their social media accounts and producing promotional videos for them. From there, Joshua attracted more and more clients from local small businesses asking him to run their marketing and produce content for them. “I am a 24-year-old entrepreneur, turning businesses into online trends,” Joshua says. “Since I began my business, I have been working with one goal in mind: creating beautiful, unique and thought-provoking videos and visual content to generate leads for local businesses.” As much as Joshua enjoyed the work he was doing for local businesses throughout his senior year, he decided to take a sales job after graduation to save up money. However, he quit just six weeks later to pursue his passion full time. Part of pursuing his passion meant officially making Adams Media into an LLC. Luckily, he found Fiffik Law Group to help him form his LLC and write up a contract for his current and future clients to sign. “Most law firms won’t give you any additional advice unless you pay more, but Fiffik Law Group makes an effort to have a relationship with their clients,” Joshua says. “Money isn’t the first thing on their mind.” Joshua continued to acquire new clients through referrals and word of mouth. He markets himself as a fellow entrepreneur rather than an impersonal agency. Business owners can see the positive results Joshua’s other clients have received from his work before they jump on board – especially those that are unfamiliar with the benefits of modern marketing and may be wary of extra costs during a pandemic. “Marketing your business successfully can be one of the most challenging tasks for a business owner, Joshua says. “Luckily, now you have me! I have mastered the skills to create your brand into an online masterpiece.” Currently, Joshua has six full-time clients, and he continues to offer consultations and one-time projects such as videos. He has worked with clients in a variety of industries: Real Estate, Restaurants, Crypto and NFTs, Athletics, and more. As his company rapidly grows, he is looking to hire more passionate and talented marketing professionals so that he has the capacity to take on even more clients and projects. “I am passionate about creating engaging stories for audiences around the world to enjoy,” Joshua says. “I work closely with my clients, always putting the business owners plans and vision first.” Learn more about Adams Media and the services available here. If you are interested in getting in touch with Adams Media, you can email adamsmediapgh@gmail.com or call 412-992-0002.

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 fiduciaries losing access to your crypto holdings. You can include your cryptocurrency assets in a will, but before you do, we have some suggestions for you. 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. Pennsylvania and federal law consider cryptocurrency personal property rather than currency (i.e. money or “flat” money in the crypto world) . This affects the way it is treated -- and taxed -- after you die. Why does it matter whether your crypto is considered personal property? Standard language in wills and trusts might designate certain personal property for specific people – for example, you might specify that your piano should be given to your sister, or your jewelry should be given to your daughter. It is also common to have catchall language that gives all of your personal property to a specific person. That language will automatically include your cryptocurrency (because it is considered personal property), even if you only meant it to include your household furnishings. How You Store Your Private Key is Important Cryptocurrency is stored in a digital ledger. The ledger is accessed with a private key, which is stored in either an online (hot storage) wallet or an offline (cold storage) wallet. Depending on how your private key is stored, and unless you specifically direct who should receive your Bitcoin, Etherium, or Litecoin account in your Will, it may not pass to whom you intend: If you store that key online (i.e. using a password management app), this “hot storage” will be considered intangible personal property, like a copyright, patent, or account receivable. If you store the private key offline (i.e. on a USB device or hard drive), this “cold storage” is instead tangible personal property, the same as your books or shoes. Virtually every will has a provision directing the distribution of your personal property. If you acquired cryptocurrency after you Will was completed, it would be a good idea to have an estate planning attorney experienced in cryptocurrency review your Will to determine whether it is adequate for your newly acquired digital assets. 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. Steps For Leaving For Leaving Cryptocurrency in Your Will There are a number of steps you must take in order to leave cryptocurrency in your Will that are much different than the steps you would take to leave traditional assets. STEP 1: FIND AN EXPERIENCED CRYPTO ATTORNEY Work with attorney who has experience in incorporating cryptocurrency into estate plans. Although cryptocurrency may be a new type of asset people want to protect and transfer after their death, there are experienced attorneys who can guide you through this process to ensure all of your traditional and crypto assets are secure and inherited by your loved ones. STEP 2: SET UP YOUR DIGITAL WALLETS Because cryptocurrency investors take the security of their digital assets very seriously, they often create digital wallets rather than keep their cryptocurrency in a digital currency exchange account (e.g., Coinbase, Gemini). Digital wallets may be kept on a computer, a smartphone app or a physical device. Common digital wallets are PayPal, Venmo, Google Pay, Android Pay, Samsung Pay, Alipay, Zelle and Apple Pay, just to name a few. It’s important to list all and any digital wallets in your Will for your beneficiary’s eventual access. STEP 3: IDENTIFY YOUR CRYPTOCURRENCY Identify your cryptocurrency in your Will or trust. We recommend a revocable trust for crypto investors because its contents remains private unlike a Will that must be filed and made public to be administered. This may seem like an obvious step. However, if the crypto assets are not listed in your Will or trust, your executor may not know they exist or they may not pass in a way that you desire. It’s important to identify your cryptocurrency and to whom you want it distributed following your death. Get our Digital Asset Inventory STEP 4: 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. STEP 5: CHOOSE THE RIGHT EXECUTOR OR TRUSTEE The choice of an executor is among the most important decisions you will make as you craft your estate plan. That is because the executor is the person you choose to implement your estate plan when you die. This is the person you will have to trust to distribute the assets in your will according to your wishes, as expressed in your estate plan. Crypto investors should choose an executor who is tech-savvy enough to be able to work with your digital assets, including cryptocurrency. An ideal digital executor will be someone who is: Someone you are comfortable enough with to give access to your personal computer files and sensitive personal online accounts Highly organized and detail-oriented Committed to following your wishes as you've spelled them out in your Will or digital estate plan Tech-savvy and comfortable using the Internet Patient, as the process may take a long time and may require engaging with many different companies It may be that you name two different executors. One for your digital assets (a digital executor) and one for all of your remaining assets. 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.

Many people in Pennsylvania who want to buy a house cannot qualify for a bank loan secured by a mortgage. In such circumstances, these buyers sometimes enter into an installment land contract with the seller. Such an agreement can offer a path to home ownership that may be unavailable due to your personal financial circumstances, but such arrangements can be a risky way to buy your home. Before you consider signing a land contract, here are five things you need to know: Are You Getting Clear Title to the Property? When you’re buying a home from a seller, you’d likely assume that the seller is entitled to sell the home in question. However, that assumption can lead to heartbreaking consequences if someone else with a claim or lien on the property shows up on the doorstep. A property title search examines public records on the property to confirm the property’s rightful legal owner. The title search should also reveal if there are any claims or liens on the property that could affect your purchase. In our experience, properties offered for sale via a land contract have a higher incidence of title defects, increasing the wisdom of having a title search and examination done before signing on the dotted line. Make Sure the Owner is Paying the Mortgage Your land contract should assign responsibility for paying expenses for the property between you and the seller. These expenses include paying the existing mortgage on the property and the real estate taxes. Many sellers have existing mortgages on their properties that must continue to be paid. You cannot send checks to the seller’s lender. The seller is the one who must continue making those monthly payments until you complete your land contract. Its important to periodically get proof that the seller is making the mortgage payments and not just pocketing your money. If the seller defaults on the mortgage, the lender can foreclose on the property and you will have no rights or means of stopping that process because the lender’s mortgage takes precedence of your rights via the land contract. Unlike a Rental, You’re Responsible for all Repairs Its important to understand that you’ll be responsible for all repairs and maintenance for the property. If the furnace goes two months after you sign your land contract, you’re on the hook for those expenses, not the seller. This is quite unlike a rental situation where the solution to that problem would be to call the landlord. Make sure you budget for these expenses. In addition, before you sign a land contract, ask the seller for a property condition report. In addition, you should have the home thoroughly inspected by a qualified home inspector. Ask the seller to make repairs recommended by your home inspector before you sign the contract. The Devil is in the Details As with all contracts, do not just simply sign whatever you are given. Land contracts are confusing. Read every bit of the land contract so that you better understand what you’re getting yourself into. By their very nature, land contracts invite a long-term relationship between you and the seller. You’re going to need to work together for several years before you will be able to complete the purchase and own the home outright. It should clearly identify the seller and buyer’s respective responsibilities for the property going forward. Disputes and disagreements are inevitable. Does the contract have enough detail that it can be used to resolve future disputes? Does it tell you how disputes will be resolved? Know The Risks Land contracts are a riskier way to buy your home for the simple fact that they take much longer to complete than a conventional sales agreement. In the typical real estate sale, the deal is completed and close in 30 to 60 days. The money is exchanged and the parties go their separate ways. The time lapse between signing and completion associated with a land contract makes it possible that lots of problems can happen. Some of these include: the seller failing to pay the mortgage on the property; the seller is unable to complete the sale at the end of the term due to death, disability or simply refuses to cooperate; an unrelated judgment is entered against the seller, causing a lien on the property that must be resolved before the buyer can obtain clear title. These are only a few of the problems that make land contracts risky ventures. Do you need a Real Estate Attorney? The only way to know if a property really belongs to a seller is to have a title check performed. You will also want to know if the home has any second mortgages, liens or other encumbrances on the seller's ownership of the property. Whether buying from the seller themselves or through a realtor, hired by the seller, your interests are not being protected. Hiring a reputable real estate attorney to walk you through the land contract before you finalize the purchase can save you a great deal of stress and money. Is a Land Contract Right for You? When buying a home, you have many choices for financing if you have stellar credit, a solid viable income, and a down payment. However, in today's mortgage market, if you are missing the key piece, 'stellar credit', acquiring a loan may be difficult for some who are buying a home. If you have their other two pieces of the equation, solid income, and a down payment, a land contract may be an option for you when buying a home. The experienced real estate attorneys at Fiffik Law Group are here to protect your rights and help you do your homework before signing a land contract.

Shared ownership of real estate offers an alternative route to ownership for buyers who are otherwise unable to afford to buy on their own. But co-ownership comes with a complex set of issues and pitfalls. Before you purchase real estate with another person, weigh these considerations. Business partners Co-owning property with someone is equivalent to going into business with that person. Do you want to be in business with that person? Do you and your partners have shared goals for the property? Should you go into business with someone with whom you do not agree or see eye-to-eye? You could have new co-owners without your permission Co-owners can sell or give away their share of the property without first seeking permission of other co—owners. Your co-owner could give his or her share to a surviving spouse or children at death. Do you want to be in business with the spouse or family members? A co-owner can transfer their share to a business entity that is owned or controlled by one or more unrelated persons. Lack of control You will have no control over decisions relating to the property or your financial interest in the property. You have no right to sell/convert your share of the property to cash without cooperation from the remaining co-owner(s). Your co-owners are not required to “buy you out” in the even you want to “cash out” your interest in the property. It is unlikely that an unrelated person would be willing to buy your partial interest in the property. Co-ownership makes decision-making more difficult. Decisions about the property will require unanimous consent – sale of the property; borrowing money and giving a mortgage in the property; amending or signing a new lease; majority ownership does not equate to control. When unanimous consent is required, it gives the person with the least ownership interest “veto” power over key property decisions that are important to other owners. That owner may extract unfair commitments in return for agreeing to desired transactions. Personal Liability By owning the property in your own name, you are personally liable for all claims arising from or relating to the property. If someone is injured on the property and files suit, you will be named as a defendant. If you need to borrow money and pledge the property as collateral, as an individual owner of the property, you will be personally liable for the entire amount of the loan in the event of a default. Increased Risk to Your Investment By owning the property in your own name, the property is subject to claims of other persons against each owner, even if those claims are unrelated to the property. A judgment against any owner (for any reason) is a lien on the property; A judgment creditor for any owner could force the sale of the property if the judgment lien is not paid off (and the owner against whom the judgment is entered may be unable or unwilling to pay the judgment to avoid the lien). Divorce Each owner’s interest in the property is a marital asset. A divorce could require that an owner’s interest in the property be sold to convey a share of that ownership interest to the owner’s spouse. This may result in your share being sold as well. A divorce could result in an owner’s spouse becoming a one-half owner of that owner’s share. You get a new, unwanted business partner who may not get along with your old partner and is unwilling to cooperate with decisions relating to the property. Loans may be more expensive In the event you need to borrow money for the property, your ability to obtain a loan and the loan rate/terms is generally based on the lowest credit score among the co-owners. If you pick a co-owner with bad credit, it can cost you in the way of a higher interest rate. Expense Sharing Co-owners may be unable or unwilling to share expenses relating to the property. If you pay the expenses yourself, it may be necessary for you to sue your co-owner for reimbursement or contribution. Your co-owner may not have the finances to pay you back. Sharing Management Responsibilities Properties need to be managed. Dealing with renters, repairs, bookkeeping, etc. Your co-owner does not have a legal obligation to equally share in these responsibilities. If they are unable or unwilling to share these duties, you may end up bearing an unfair share on your own, without any compensation. Estate Planning The value of your real estate may be a significant part of your overall estate. Co-ownership makes it difficult to easily translate that value into actual cash distributable to your family. Your family probably does not want a partial interest in the real estate that you co-own. If they want to cash out, the co-owner is not required to comply, leaving your family with limited and costly options for converting your real estate interests into cash. If purchasing real estate with a co-owner is something you are considering, we can help you better understand how these considerations affect you. One of our experienced real estate attorneys can help you put together a partnership agreement that will help you avoid the many downsides of co-ownership and get the most out of it. If you have a question about real estate, you can start getting answers here.

The hot real estate market has driven more homeowners to sell their homes without a realtor. For sale by owner (FSBO, pronounced “fizz Bo”) sellers are primarily looking to avoid paying a realtor commission fee. Before you buy a home directly from a homeowner, let’s walk through how buying a FSBO home differs from buying a property that’s listed by a realtor. Pros and Cons of Buying a FSBO Home Benefits Greater flexibility on price: FSBO sellers are not paying a realtor commission so they’re saving a substantial amount of money (about $7,000 per $100,000 in sales price). As a result, they are often more willing to negotiate the price with you. FSBO homes tend to be underpriced. FSBO homes can sell for up to 26% less than homes marketed by realtors. Direct communication: There is no middleman in FSBO sales. You talk directly with the sellers, who have the best information about their home. Drawbacks Uncertain disclosures: FSBO sellers often are not well-versed in legal requirements and may omit providing you with important information about their home. Sometimes direct sellers are not direct about known problems with their homes such as mold, roof damage and plumbing issues. Emotional decisions: Most homeowners tend to be emotional about their homes and that can lead to emotional reactions from sellers, especially to your requests to reduce the price or to make repairs. Realtors can help keep those emotions in check and encourage cool-headed decisions. No experience with sales process: Most homeowners who sell their homes have no experience with real estate. With little knowledge, they may balk customary requests for information or repairs and may not know exactly how to move the process smoothly to a timely closing. The Steps to Buying a House from The Owner The process of buying a house can feel overwhelming in general. To make things less confusing, here are the five main steps most people will follow to buy a home that’s for sale by owner. Remember: if you’re thinking about buying a FSBO home, make sure to consult with one of our experienced real estate attorneys. Up Front Questions to Ask the Seller Its very important to get information before you consider making an offer on a home. Here are some things you’ll want to ask: How long as the home been on the market? Currently (2022) homes in Pennsylvania are on the market for about 60 days. If the home you’re considering has been on the market significantly longer than the median, it may indicate that the home is overpriced, has problems or other attributes that make it less desirable. Was the home ever listed by a realtor? If it was and it did not sell, that’s a very good indication that the home either has problems or the seller was unable to get along with their realtor. Both of those are red flags for a potential problematic transaction. When can the seller close? If you need to move into the house within a certain period of time, you’ll certainly want to make sure that the seller is prepared to move out so that you can move in. Make sure the seller has a place to go and isn’t trying to sell their house in order to purchase the place they plan to move to. If their other home deal goes under, that could result in the seller wanting to remain in your home longer. Do Your Homework Its very important to engage in a preliminary investigation of the property before you a make an offer. Your investigation should include the following: Ask for a Seller’s Property Disclosure: The Pennsylvania Real Estate Seller Disclosure Law requires sellers of residential property to provide a written property disclosure form, describing all material defects with the property known to the seller. A “material defect” is a problem with the property that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. Any seller who fails to disclose a known material defect, either by misstatement or omission, permits a buyer to recover actual damages caused by violation of this Law. Check Comparable Prices: “Comps,” or comparable sales, refers to homes located in the same area and very similar in size, condition and features as the home you are trying to buy or sell. Buyers should look at comps when deciding what price to offer on a home. Consider the following websites next time you look for house comps: Zillow: Zillow has great features for estimating property value and list price, but this website is also a good resource when searching for comps. Redfin: Redfin has a “Find a Home” feature with information on properties that were sold within the last 3 years. Trulia: Trulia can provide buyers with detailed information on properties based on property type, purchase price, date sold and more. Property Shark: This is yet another tool with information on recently sold properties within an area. Can You Still Use a Realtor? Yes, you can. However, the seller would need to agree because the realtor will want to charge the seller a commission. Sellers typically are not agreeable to that because avoiding a realtor commission is almost always the primary reason they are selling their own home. Once You Agree on Price, What Happens Next? This is the point where you’ll need to work with someone who has experience with real estate sales. You could agree with the seller on a settlement service or retain an attorney. The best option for buyers is to retain an experienced real estate attorney. They will be able to assist you with the following important steps: Prepare a Sales Agreement. Its very important to get your deal on paper and include terms that protect you. You’ll want to reserve the right to have property inspections, engage in a title search and make your agreement contingent upon getting approved for financing (if you need it). Hold the Deposit Money. You should not agree to allow the seller to hold your deposit money. In the event of a dispute with the seller, it will NOT be easy for you to get your money back from the person with whom you have a dispute. Your attorney can hold the deposit money pursuant to written terms of your sales agreement. Get a Home Inspection. Although it's not required, we would not recommend buying any house without a proper inspection. A trained home inspector reviews the house’s major systems, appliances and structure during their visit. This process is a great way to find out what may need repairs now or in the future. If repairs are needed, your attorney can help you work with the seller on these sometimes difficult conversations. Conduct a Title Search and Examination. A property title search examines public records on the property to confirm the property's rightful legal owner. The title search should also reveal if there are any claims or liens on the property that could affect your purchase. The Bottom Line Buying a home that’s for sale by owner (FSBO) can mean savings for you. While the owner will most likely save by not using a listing agent, it may introduce some problems to the home sale process. As the buyer of a for sale by owner home, it’s up to you to take control of the deal, scrutinize the property carefully and do your research to make a fair offer. Working with one of Fiffik Law Group’s experienced real estate attorneys can protect you from overpaying for the home and running into problems with the purchase agreement and other documents.

The issue of defamation has been in the news a lot over the last few years. It seems like every week a new high-profile case is filed. Sarah Palin lost a high-profile case against the New York Times recently. Smartmatic and Dominion Voting Systems have newsworthy cases pending against Mike Lindell and Sidney Powell. The trial for Johnny Depp suit against his ex, Amber Heard, is happening soon in 2022. Cardi B. just won a big judgment against YouTube vlogger Latasha Kebe for claiming that the rapper contracted herpes and had taken hard drugs. The headlines go on and on. It’s one thing for a celebrity or politician with an expensive legal team to sue a foe, but for the average individual the online environment can seem like the wild, wild west where trolls – some of whom you know - get away with saying just about anything. You need only scroll through a typical Twitter feed or Facebook page to see countless insults and accusations. Perhaps you’ve been a victim of false and derogatory accusations on social media or the internet. What can you do? Let’s look at what defamation is and what your options are for taking action. What is Defamation? “Defamation,” commonly referred to as “defamation of character” is the general term for the spoken, written, or published communication of a false assertion of fact to a third-party, which subsequently causes injury or damage to another person’s reputation. Defamation is classified as a civil wrong, meaning that defamation victims may sue to recover damages for the harm and injury suffered due to a false statement. Specifically, defamation may be broken down into two basic types: Slander: a spoken communication of a false assertion of fact to a third-party, which causes damage or injury to another person’s reputation. Libel: a written or published (think social media posts, videos, photographs) communication of a false assertion of fact to a third-party, which causes damage or injury to another person’s reputation. Social Media Defamation Social media defamation is a term used to describe content that is published to a social media platform that defames a person or business. This type of defamation is also commonly referred to as libel, cyber defamation, disparagement, character assassination, cyberbullying, and cyber harassment. The most common social media platforms where defamation can occur include: Facebook Twitter Instagram TikTok YouTube NextDoor LinkedIn Snapchat Pinterest Social media use has exploded in the last ten years. As of 2022, the average daily social media usage of internet users worldwide amounted to 147 minutes per day, up from 145 minutes in the previous year. With social media becoming so instrumental to how we interact with one another in the modern era, it makes sense that the attempt to harm an individual’s (or business’) reputation on social media can have very real and far-reaching effects. Examples of Social Media Defamation Some of the most common ways in which someone can be defamed on social media include: A post published on an individual’s Facebook profile A post published in a Facebook group A tweet published on an individual’s Twitter profile Fake reviews on Facebook business pages Comments on a post, video, or tweet A video on TikTok A photo and/or caption on Instagram or A video posted to YouTube Pennsylvania Defamation Law Under Pennsylvania defamation law, a communication will be considered defamatory if it “tends so to harm the reputation of [the complaining party] as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” MacElree v. Philadelphia Newspapers, 544 Pa. 117, 124-125 (Pa. 1996). In order for Pennsylvania defamation plaintiffs to succeed in their claim, they must prove the following seven (7) elements: The defamatory character of the communication Its publication by the defendant Its application to the plaintiff The understanding by the recipient of its defamatory meaning The understanding by the recipient of it as intended to be applied to the plaintiff Special harm resulting to the plaintiff from its publication Abuse of a conditionally privileged occasion Assuming the Plaintiff is successful in proving the above elements, in order to successfully defend a defamation claim, a Defendant must prove: The truth of the defamatory communication; The privileged character of the occasion on which it was published; or The character of the subject matter of the defamatory comment was a public concern. Pennsylvania defamation law is highly nuanced and complex. We strongly recommend you consult one of our experienced defamation lawyers in order to explore your legal options. Steps You Can Take If You Are a Victim of Social Media Defamation Being a victim of social media defamation is stressful and embarrassing. When you have been the victim of social media defamation, it is important to take certain actions and avoid others. We recommend the following course of action to stop online defamation, restore your reputation, and fight back: Report the offensive post. Report the post to the online company where it was posted and ask that it be removed. Most platforms, like Twitter and Facebook allow you to flag or report an offensive post. Do not respond to the defamer. Although it’s understandable that you’d feel like retaliating in kind, this is not a good idea and it’ll be ineffective. Responding will only give the defamer an opportunity to republish or enhance the defamatory content. It may also serve to draw additional interest to the offensive post (ala a cat fight). Do not engage in a self-defense campaign. This may seem counter-intuitive but most efforts to defend yourself will serve only to spread the offensive post even further. Outside of a simple reply such as “this post is false and defamatory and should be removed” its usually not helpful to embark on an online defense campaign. Preserve and save the content. Take a screenshot of the web page or a particular post by using the snipping tool (a Microsoft Windows screenshot utility) or simply clicking the CTRL+PrtScr button (prt sc) on a Windows PC. You can do that on a Mac. This option will enable you to capture a complete picture of the post or content in question, along with any accompanying comments. After that, save the page in a Word document or in PDF. Make sure all screenshots either add or include the date and actual time stamped. In addition to taking screenshots, you can also save the whole webpage. For instance, if you use Google Chrome, you can save the website in question and timestamp it. To do this, click the CTRL+S buttons to save the webpage in the HTML version. The date and time will be stored in the saved file. Remember that for evidence to be usable, it has to be clear, readable and well presented. Send evidence preservation letters. Your defamation attorney is the person who should send these on your behalf. They will be sent to the defamer and everyone else who might have information or documents relating to the social media defamation case. Its very important to send these early in your case to preserve evidence that will be needed to make your case. Block the user. If you simply do not want to see the offensive posts, try blocking the user. Can You Sue Someone for Defamation on Social Media? Absolutely, you can sue for social media defamation. However, while it may seem natural to want to sue the social media platform for defamation, your best option is to file a defamation lawsuit against the individual poster or commenter. If you are the target of social media defamation, you may not know how to tackle the problem or where to turn for help. Our experienced attorneys can help. Contact us for a free case evaluation today.

Total Estimated Costs for Initial Franchise Sales: $22,500 to $75,500 The franchise sales stage comes right after the franchise development stage and, as to many aspects, should be occurring side-by-side during the later part of the franchise development process. Although marketing and selling franchises goes beyond the scope of this article, its important that when you consider the cost of franchising your business you include a franchise sales budget for the first 12 months. Knowing how much you need to invest in franchise sales will, largely, be determined by the industry you operate in, the number of organic qualified prospects (i.e., existing customers and contacts) that are already interested in buying your franchise, the internal marketing capabilities of your own team, and, most important, the number of franchises that you want to sell. Assuming that you are in a favorable industry that is not oversaturated and assuming that you have a realistic franchise sales goal of 5 new franchise sales (i.e., not sales to your existing organic contacts), you should consider the following aggregate costs over the initial 12 months: 1. Franchise Sales Website – At the most basic level you will need to develop a franchise sales webpage and, possibly, a franchise sales website. Just adding a standard webpage with a contact form is not enough and will cost you deals. You’ll need to invest in a webpage and, eventually, a website that educates and informs prospective franchisees about your franchise, why you’re different and how you franchise can improve their lives. Estimated Cost $2,500 to $15,000. 2. Franchise Brand Positioning – As you check out franchise sales websites you may find that they all sound the same – “be in business for yourself, not by yourself” and “we provide training…” – so it’s important to spend some time now to evaluate what your offering and get down into writing and, eventually, web copy, the unique selling points of your franchise offering and why your different. You could do this yourself (many times you’ll know better than anyone else) or hire a outside team. Estimated Cost $0 to $2,500. 3. Franchise Sales Presentations – Consistent with the development of your website and franchise brand positioning, you’ll need to develop sales materials and presentations that tell the transformation story of your brand an d educate your prospective franchisees. You can do this yourself or with an outside team. Estimated Cost $0 to $3,000. 4. Public Relations and Brand Validation – As a start-up franchisor since you wont have a track record of successful franchisees, you’ll need to build up third-party validation and there’s no better way than through a franchise PR agency that gets your brand talked about and third-party stories and articles. Franchise PR budget significantly. Estimated Cost $15,000 to $25,000. 5. Paid Advertising – Paid advertising takes many forms including google pay per click ads and social media sponsored posts and ads. Estimated Cost $0 to $20,000. 6. Joining Franchise Broker Organizations and Attending Conferences – Along the way you should plan on attending an IFA franchise conference to gain more industry insights into franchising and also join a lower cost broker organization to start networking with brokers. Estimated Cost $5,000 to $10,000.

Pittsburgh’s rental registration program will begin on May 29, 2022, according to Pittsburgh’s Department of Permits, Licenses and Inspections. As Pittsburgh is a majority renter city, this newly approved program is intended to ensure rental properties meet “the minimum standards for safe living conditions.” Inspections on rental units will occur at least once every five years, and ones built before 1978 will also be subject to a lead dust wipe inspection, as required by Pittsburgh's new Lead Safety Ordinance. Many Pittsburgh officials, such as Councilman Bruce Kraus, have pushed to enact a similar program in the past, according to TribLive. However, it was ultimately stopped by a lawsuit challenging the program’s associated fees. The new program has a lower fee structure - a $16 application fee, a $5.50 fee per parcel, and a $14 travel expense and inspection fee per unit. Rental units will only need to pay the application fee during the years they are not subject to inspection, and affordable housing properties will be exempt from the annual rental registration permit fee. Even though the program officially begins in May, landlords will have until the end of the year to register. Program applicants should visit the OneStopPGH portal to create an account and learn how to submit a rental registration online. Are you a landlord or renter in Pittsburgh and have legal questions about this new program? Call (412) 391-1014 or click here to be connected to one of our experienced attorneys and schedule a consultation.

By: Michael E. Fiffik, Esquire If you are an entrepreneur you are someone who takes on challenges. It also means you are a problem solver. Lots of people are drawn to entrepreneurship - after all, you get to ditch the corporate life and call all your own shots. There is a lot of potential “upside” to running your own small business, but being an entrepreneur is not always easy. You will need to do a lot of legwork before you start your small business. And even once you are established, being an entrepreneur is fraught with obstacles almost every single day. How you deal with them has a great deal to do with how successful your business can be. Having access to legal advice is a very effective way for business owners to avoid pitfalls and deal with challenges as they come along. Despite this fact, many small business owners do not have an attorney on their team. Why is that? The simple reason is that many entrepreneurs do not think of their business problems and challenges in legal terms. Some problems make the need for legal services obvious – like being sued. If you think the only time you need an attorney is when you are being sued, we are suggesting that you are not thinking broadly enough about where you can find help to make your small business more successful. For many small business challenges, seeking advice from an attorney is never considered. Entrepreneurs certainly want assistance with their problems, but they simply do not connect that desire with legal services. The list below is compiled from the challenges that I have recognized from working with successful entrepreneurs over my nearly 30-year career. I have also provided a few examples of how these problems have legal aspects to them and how seeking advice from an attorney can really help your business. Taking the Leap The biggest struggle for most would-be entrepreneurs is taking that first leap. Should you start your own small business? Is it the right time or the right business? Attorneys who concentrate on helping businesses have seen many, many businesses and have a wealth of advice to share with someone thinking about taking the big leap. Attorneys can also help navigate the many forms and requirements of business entities, state licensure and other legal hurdles to ensure that the fledgling business gets started off on the right foot. On-line form providers do not always to this right. Businesses are not one-size-fits-all so blanket form documents very frequently do not work. Read: Do You Need an Operating Agreement for your LLC? Is the Sky Blue? Business Relationships Many businesses have two or more owners. Entering a business partnership can be a great way to combine the talents and skills needed to build a successful company. But if the partners can’t effectively work together or have different ideas about how to run the business, it can lead to damaged relationships or a failed business. An attorney can help multi-owner businesses identify the issues and avoid the pitfalls that are particular to partnerships. Read: Eight questions you should ask your potential partner before you commit Funding for Your Business Funding is a key need for businesses at all stages of their lifecycle. Start-ups might engage in fundraising from investors or conventional lenders. There’s a lot more work to startup fundraising than most new entrepreneurs realize. Mature businesses need capitol to acquire assets or equipment to sustain and grow their businesses. They may need funding to purchase businesses to expand their territory. Not having a full understanding of the process and what it takes to get funding can lead to a lot of frustration, if not failure, or at least miserable loan terms. Read: Paycheck Protection Loans – Round Two – What You Need to Know Planning for Success I cannot overstate the importance of having a business plan. I am constantly surprised by how few business owners have written business plans. You’ve got to know where you’re going to even begin to understand how to achieve success. It is human nature to only see what is right in front of us. Most business owners have their hands full focusing on the day-to-day aspects of their business, working hard to provide the best product or service they can, while also managing employees, a budget and everything else that is part and parcel of running a business. Attorneys can help provide that objective overview and plan for your business. Without a business plan or goals, your company will lack direction. You’ll find that energy is expended in areas that never pan out; projects are suggested or even begun but are never finished. You may also find that you are stagnated, doing the same work for the same list of customers. You stagger along, never getting bigger, never advancing. Setting realistic goals, on the other hand, allows you to enjoy growth and progress. An attorney can connect you with planning resources and help you understand the types of issues that you’ll need to think about and incorporate into your business plan. They can be a great sounding board for your plans as well. Read: Rock Your Business Goals Time Management and Delegating We all want more time. Why can’t there be 48 hours in a day, and 10 days in a week? Entrepreneurs have a lot to juggle when building and managing a company. They wear many hats and handle many tasks that are necessary but do not help the business grow and succeed. I call that working “in your business” and not “on your business”. If you’re always working in your business – answering the phone, finding form documents, trying to figure out local government licensure rules, responding to letters from vendors or governmental agencies (like the IRS), dealing with employee issues that you’re not sure how to handle, etc. – you will not have time to work on your business. Many of these tasks can be delegated to a legal advisor. Let them figure that stuff out. What’s unfamiliar or new to you, they’ve probably handled many times over for other businesses. They’ll help you understand it faster, better and get it done sooner. Cash Flow Cash flow shortages are one of the most common reasons for new business failures is cash flow management. An attorney can help a business owner structure contracts and payment policies to make it easier for a business to collect what its due from its customers. When an extra “umph” is needed to collect on an account receivable, a letter from an attorney can get you results. Managing Risks Every business has inherent risks and when I say that I’m talking about more than the risk that an idea or initiative will fail. Running the small business race has its risks. Accidents that happen on the business property or because of operating the business can lead to lawsuits. Defaults in payment of contracts and leases. Failure to comply with governmental rules and regulations. Any one of these risks can ruin the chances of success for even the best business idea. Ben Franklin coined the timeless phrase “An ounce of prevention is worth a pound of cure.” Franklin was a great entrepreneur, and his advice is especially applicable to business owners facing legal issues. I have seen many clients over the years try to handle legal matters themselves to save on legal fees. Instead of making the problem better, the problem snowballs and, by the time, the client comes to a lawyer, the cost to “cure” the problem is many times what they would have spent for “prevention.” Business owners simply should recognize that legal issues will arise and plan for them accordingly. Developing a relationship with your lawyer will help with that. The more your lawyer knows about you and your small business, the more efficiently he or she can advise you. Read: Protect Personal Assets from Business Risk Finding Trusted Advisors Business attorneys help lots of companies and have many contacts in your community. They can be very helpful in connecting you with other trusted service providers (e.g., CPAs, financial advisors, insurance brokers and bankers) that can provide professional guidance in their areas of specialization. In our experience, bringing together this team of collaborative advisors early is critical to the success of any new business. For entrepreneurs (or any human) working with an attorney may not be the most exciting aspect of business. But instead of viewing working with your attorney as a waste of resources or time, the best entrepreneurs view an attorney’s guidance as an opportunity to enhance their security and improve their chances of achieving long-term growth in an inherently volatile business climate. An experienced small business attorney can offer a wide range of benefits to entrepreneurs in all stages of the business cycle. From helping to select the best entity type to effectively allocating equity and stock options, to advising entrepreneurs through the sale and turnover of their business, attorneys have valuable skills to offer all types of entrepreneurs. Rethinking Access to Legal Services Need help with forming or growing your business?  Call 412.391.1014 or click here to be connected to one of our business attorneys.

Total Estimated Costs to Franchise Your Business: $20,000 to $100,000 The franchise development stage is the stage where you go from business owner and entrepreneur to franchisor. It’s the stage where you work with a legal team to franchise your business and take the steps necessary to franchise your business, become a franchisor, and start selling franchises. During the franchise development stage, you should consider the following costs: 1. FDD Legal Fee Development – Your FDD is a legal document that will serve as the entire legal underpinnings for your new franchise system and includes all of the legal agreements and documents, including your franchise agreement, between you and your franchisees. As a legal document your FDD must be prepared by an experienced franchise lawyer and during the development process, your legal team should also be making recommendations and giving advice about development structures (such as if you will be selling individual unit franchise opportunities, multi-unit development agreements, or both) and ensuring, overall, that your franchise offering is competitively positioned within the franchise marketplace, including the development of Item 19 financial performance representations and other key development factors. Legal development should also include trademark filings, and establishing the corporate entities for your franchise company. Estimated Cost $15,000 to $45,000. 2. Operations Manual Development – Your Operations Manual is the confidential manual that you will provide franchisees to guide and instruct them on developing and operating the franchised business. Although the operations manual is not disclosed as a part of the FDD (i.e., since it’s a confidential document you only give it to franchisees after they sign a franchise agreement) your FDD will include its table of contents and should be completed during the franchise development process. Many times start-up franchisors prepare their own operations manual if they have well developed systems with the idea that the manual will be supplemented and improved over time, and other times start-up franchisors hire development professionals who will develop the operations manual for them. If you are working with an outside professional the cost estimates vary depending on the level of service ranging from assistance for a do-it yourself operations manual to complete on-site visits and development. Estimated Cost $5,000.00 to $30,000. 3. Financial Statement Preparation – As a part of the franchise development process you will (or should) be establishing a new corporate entity, i.e., XYZ Franchising, LLC to serve as the franchisor. It is this new legal entity that will be issuing the FDD and selling franchises and under the franchise rules for many franchise registration states, your FDD will be required to include audited financial statements. Even though your corporate entity may be brand new and have little to no activity, you’ll still need audited financial statements which means you will have to pay a licensed CPA to audit and certify the financial statements included in your FDD. Estimated Cost $2,500 to $5,000. 4. Filing and Registration Fees – As you franchise your business you will incur filing fees that are most typically comprised of (a) incorporation fee (typically around $300, depending on the state) paid to the state that you elect to establish your new franchising corporate entity in; (b) USPTO filing fees (typically around $250 per trademark, per class) for the registration of your primary trademarks – assuming that your marks are not already registered; and (c) FDD registration fees (typically $250 to $750 per state, depending on the state) paid to the franchise registration states when registering your FDD within the state. Most start-up franchisors only initially register their FDD in 2 to 4 franchise registration states and, naturally, this estimate will depend on the number of trademark registrations and FDD filings. Estimated Cost $1,000 to $4,500.

The empty roads from the early days of the Covid-19 pandemic are now but a distant memory. There are more cars on the road now than ever before, and the United States trucking industry is on the rise to compensate for the energized demand of the digital era. The increased number of vehicles on the road alongside comparatively massive trucks has unfortunately led to a substantially higher frequency of accidents. There was a 52 percent increase in truck accidents in 2021 compared to 2009. This new increase means an estimated 500,000 trucking accidents occur each year. The consequences of truck accidents can be devastating, especially when they result in injury or death. Unsurprisingly, the vast majority of injuries and fatalities from truck accidents occur in the smaller vehicle. Suffering injuries from a truck accident not only results in expensive medical bills and lost income, but it can mean a loss of quality of life or a lifetime of ongoing medical care. Because of these consequences, it is important that you take the necessary steps to protect your right to fair and full compensation. Contact An Experienced Truck Accident Attorney As Soon As Possible Do not speak to anyone from the trucking company or insurance company until you consult with a personal injury attorney. Trucking companies retain their own teams of investigators, insurers, and attorneys to protect their company’s interest over yours. Retaining your own truck accident attorney is necessary to demand fair compensation for you or your loved one’s losses. Be sure to keep clear medical records, incident images, and a written account of the incident to share with your attorney. At Fiffik Law Group, we know the worth of your claim and go toe-to-toe with insurance companies on your behalf so that you can focus on recovering from your injuries. To determine the cause of an accident, investigators look into proper licensing, truck regulation compliance, witness accounts, and any camera footage available. As attorneys, we also have access to expert witnesses like forensic accident constructers, actuaries, and claims adjusters that we can use to support your case if it is going to trial – and pursue litigation if it means getting you the maximum compensation for the accident. The Average Settlement of Truck Accident Cases Truck accident claims often involve much higher settlement amounts than typical car accidents. Unlike car accidents involving regularly licensed drivers, semi-truck accidents involve professional drivers who are held to a higher standard of care in the eyes of the law. Truck drivers, trucking companies, truck maintenance professionals, and passenger vehicle drivers may all face liability in truck accidents. At Fiffik Law Group, we strive to hold the right party accountable in every case we pursue. There are several factors that influence the average settlement amount: The extent of economic damages. Those who suffer injuries in truck accidents may gain compensation for medical bills, loss of income, loss of future income, and more. When an accident leads to permanent injury, the settlement may also include the projected costs of future care. The intangible damages a plaintiff suffers. In addition to compensation for economic losses, a truck accident victims may be compensated for physical pain, suffering, emotional anguish, and loss of consortium or guidance (typically for the victim’s family in the event of permanent injury or wrongful death.) The degree of negligence involved. When a truck accident arises from gross negligence, intention, or reckless misconduct, then grounds for punitive damages may exist. The property damage to the vehicle. Often, truck accidents are so severe that repair of a car is impossible, so the victim may receive compensation for a new vehicle. The experienced attorneys at Fiffik Law Group, PC understand the complexities of federal trucking regulations and state laws. We work hard to protect your right to fair and full compensation after a preventable trucking accident. Contact us today to schedule a free initial consultation. Source Source