Legal Perspectives

Attorneys at the law firm Wolf, Baldwin & Associates, P.C. provide a variety of posts on legal issues affecting the business community.

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Employees May Sue Employers for Loss of Personal Data to Hackers

Pennsylvania’s Supreme Court recently issued a landmark ruling in the case of Dittman v. UPMC which makes employers vulnerable to lawsuits from employees for improper handling of personal data. 

UPMC operates the University of Pittsburgh Medical Center and UPMC McKeesport in the Pittsburgh area.  Dittman was an employee of UPMC and the lead plaintiff in a class-action lawsuit filed on behalf of all employees of UPMC.

REALTORS AND LENDERS ALERT – YOU’RE BEING WATCHED!

Anyone who knows me knows that I attempt to educate consumers about the subtle commonplace real estate practices that seem innocent on the surface, but actually are detrimental to the best interests of the consumer. In an effort to inform those attempting to mislead consumers or unfairly profit from these practices know that the Consumer Financial Protection Bureau (“CFPB”) is watching you, I offer the following recent actions taken by the CFPB:

Steering Consumers to a Title Insurer.

Can the Workers’ Comp Insurance Company Just Stop Paying Me?

As a workers’ compensation attorney many of my clients will ask me if the workers’ compensation insurance carrier can simply stop paying them if they so choose. The answer to that question is an emphatic no. Once workers’ compensation benefits are being paid, the insurance company has limited ways to stop such a benefit.

Legal Obligations with Respect to Electronically Stored Information

People delete ill-advised emails. They take down their most unfortunate or incriminating social media posts. Computer files go missing, and digitally stored photos disappear.

But whether these digital mistakes are innocently (or not so innocently) sent to a recycling bin which is then routinely emptied, or instead systematically scoured from a hard drive with scrubbing software, the process of deletion leaves a mark. And the courts have noticed.

Open Space and Its Preservation

Depending on where you live, open space or the preservation of open space can be a very controversial topic. There is always a balance between property owners’ rights to develop their property pursuant to municipal ordinances while, at the same time, ensuring that there is quality open space preserved for the use and enjoyment of current and future generations.

“Let’s Blow This Popsicle Stand”- Relocation in Custody Cases

People move. It’s part of life. Sometimes people want a new house. Sometimes people want a new neighborhood. Sometimes people just want change. Whatever the reason, it is rare that people stay in the same house the entire time their children are young. With an intact family, there are fewer problems that arise with a move. When a family is divided, moving can end up costing both parties a lot of time, headache and money, including court battles. However, when custody of children is contested, the courts will not get involved with every move.

Buyer Beware: A Developer’s Duties in Planned Communities

For most people, their home is their largest asset and biggest investment. Many homebuyers assume that buying a brand-new house in a new community means less surprise issues than perhaps that 100-year-old farmhouse. Unfortunately, many buyers’ “house fever” overshadows conscientious due diligence in the home buying process. Issues which should be readily apparent may be overlooked in the rush to close, and later morph into buyer’s regret once the dust settles and the boxes are moved in. What’s a buyer to do?

Big Changes To Workers’ Compensation Subrogation

On June 19, 2018, the Pennsylvania Supreme Court issued a decision which significantly changed the landscape of the interaction between personal injury and workers’ compensation claims.  Personal injury attorneys and injured workers should know about the decision and its implications.

“What am I supposed to do now?” Practical Advice for Family after the Death of a Loved One

When a family member or someone you are close to passes away, you are going to feel intense grief, confusion, loss, isolation, and perhaps even anger. While you are wrestling with these emotions, you are expected to know what to do and keep a level head about yourself. If you are like most people, you have no idea what do next.

I have received numerous phone calls over the years from grieving individuals who literally just saw their parent or spouse die moments before they called me, desperately seeking the answer to one simple question: “What am I supposed to do now?”

Executive Employment Agreements

Most employees in Pennsylvania work without any type of written contract governing the terms of their employment. A fair portion, however, including many teachers, police officers, and skilled laborers, work pursuant to union contracts.

Employees May Sue Employers for Loss of Personal Data to Hackers

Pennsylvania’s Supreme Court recently issued a landmark ruling in the case of Dittman v. UPMC which makes employers vulnerable to lawsuits from employees for improper handling of personal data. 

UPMC operates the University of Pittsburgh Medical Center and UPMC McKeesport in the Pittsburgh area.  Dittman was an employee of UPMC and the lead plaintiff in a class-action lawsuit filed on behalf of all employees of UPMC.

REALTORS AND LENDERS ALERT – YOU’RE BEING WATCHED!

Anyone who knows me knows that I attempt to educate consumers about the subtle commonplace real estate practices that seem innocent on the surface, but actually are detrimental to the best interests of the consumer. In an effort to inform those attempting to mislead consumers or unfairly profit from these practices know that the Consumer Financial Protection Bureau (“CFPB”) is watching you, I offer the following recent actions taken by the CFPB:

Steering Consumers to a Title Insurer.

Can the Workers’ Comp Insurance Company Just Stop Paying Me?

As a workers’ compensation attorney many of my clients will ask me if the workers’ compensation insurance carrier can simply stop paying them if they so choose. The answer to that question is an emphatic no. Once workers’ compensation benefits are being paid, the insurance company has limited ways to stop such a benefit.

Legal Obligations with Respect to Electronically Stored Information

People delete ill-advised emails. They take down their most unfortunate or incriminating social media posts. Computer files go missing, and digitally stored photos disappear.

But whether these digital mistakes are innocently (or not so innocently) sent to a recycling bin which is then routinely emptied, or instead systematically scoured from a hard drive with scrubbing software, the process of deletion leaves a mark. And the courts have noticed.

Open Space and Its Preservation

Depending on where you live, open space or the preservation of open space can be a very controversial topic. There is always a balance between property owners’ rights to develop their property pursuant to municipal ordinances while, at the same time, ensuring that there is quality open space preserved for the use and enjoyment of current and future generations.

“Let’s Blow This Popsicle Stand”- Relocation in Custody Cases

People move. It’s part of life. Sometimes people want a new house. Sometimes people want a new neighborhood. Sometimes people just want change. Whatever the reason, it is rare that people stay in the same house the entire time their children are young. With an intact family, there are fewer problems that arise with a move. When a family is divided, moving can end up costing both parties a lot of time, headache and money, including court battles. However, when custody of children is contested, the courts will not get involved with every move.

Buyer Beware: A Developer’s Duties in Planned Communities

For most people, their home is their largest asset and biggest investment. Many homebuyers assume that buying a brand-new house in a new community means less surprise issues than perhaps that 100-year-old farmhouse. Unfortunately, many buyers’ “house fever” overshadows conscientious due diligence in the home buying process. Issues which should be readily apparent may be overlooked in the rush to close, and later morph into buyer’s regret once the dust settles and the boxes are moved in. What’s a buyer to do?

Big Changes To Workers’ Compensation Subrogation

On June 19, 2018, the Pennsylvania Supreme Court issued a decision which significantly changed the landscape of the interaction between personal injury and workers’ compensation claims.  Personal injury attorneys and injured workers should know about the decision and its implications.

“What am I supposed to do now?” Practical Advice for Family after the Death of a Loved One

When a family member or someone you are close to passes away, you are going to feel intense grief, confusion, loss, isolation, and perhaps even anger. While you are wrestling with these emotions, you are expected to know what to do and keep a level head about yourself. If you are like most people, you have no idea what do next.

I have received numerous phone calls over the years from grieving individuals who literally just saw their parent or spouse die moments before they called me, desperately seeking the answer to one simple question: “What am I supposed to do now?”

Executive Employment Agreements

Most employees in Pennsylvania work without any type of written contract governing the terms of their employment. A fair portion, however, including many teachers, police officers, and skilled laborers, work pursuant to union contracts.

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