Becoming a Guardian in Pennsylvania

What do you do if you believe a family member or a friend has become unable to care for themselves or their finances? This is a very stressful and troubling question that, unfortunately, many people end up asking themselves.

In some instances, the individual has an estate plan in place. This might include a power of attorney, or other directive, that indicates who will make important decisions for the individual in the event that they are unable to do so. Sometimes, there is no estate plan, but the individual does not have the capacity to execute estate planning documents, including a power of attorney. All is not lost.

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Pennsylvania Companies Must Protect Employees’ Sensitive Data

Employers, and likely all businesses, now have a specific duty to safeguard their employees’ personal data that is stored on internet-based computer systems, according to a recent decision by the Supreme Court of Pennsylvania. Prior legislation only required companies to report potential or actual data breaches to the individuals or businesses whose information may have been, or was, compromised.

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What Does PA’s Medical Marijuana Act Mean for My Company?

Pennsylvania’s Medical Marijuana Act was enacted in May 2016 (the “Act”). Under the Act, patients with serious medical conditions, such as cancer, HIV/AIDS, Parkinson’s Disease, Multiple Sclerosis, and severe chronic or intractable pain, are authorized to use medical marijuana to treat their condition after obtaining a certification from a physician and an identification card issued by the Pennsylvania Department of Health. Medical marijuana may only be issued to an individual or an individual’s caregiver who has received the certification and identification card. Medical marijuana may not be smoked and may only be dispensed in certain enumerated forms.

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Landlords Risk Exposure to Double Damages in Suits by Tenants

In Pennsylvania, residential and commercial lease agreements are governed not only by the terms of the lease itself, but also by the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101, et. seq.

When a lease term ends, the landlord is required to provide a tenant with a list of damages caused to the premises within thirty days of the termination of the lease or repossession of the property.

In addition, the landlord must return any escrow monies held under the lease within that time period. If the landlord deducts any funds to pay for alleged damages to the premises, then the landlord must return the difference in the balance of the escrow funds to the tenant.

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Pennsylvania Beer Distributors Can Now Sell Six-Packs

Gone are the days of having to buy a whole case of beer or a keg at a beer distributor in Pennsylvania. On Tuesday, Governor Wolf signed House Bill 1196 into law, which will allow beer distributors to sell six-packs to customers.

What does this mean for beer distributors, retailers, and consumers in Pennsylvania? Among other things, earlier retail sales hours. Retail licensees can begin selling on Sundays at 9:00 a.m. rather than 11:00 a.m. Sporting venues can sell mixed drinks. Breweries can sell products of other licensed breweries, limited wineries, limited distilleries, and distilleries without having to secure a brewery pub license. A person licensed in another state may apply for a license to ship beer to customers, with certain restrictions. Distributor licensees can sell malt or brewed beverages in any amount to an unlicensed customer for off-premises consumption. This includes four-packs, 32-ounce bottles, growlers, and six-packs.

This is another win for distributors who, earlier this year, the PLCB declared that they were permitted to sell 12-packs of beer. The new law goes into effect in 60 days.

Out-of-Work Employees Can Seek Unemployment Compensation Benefits in Pennsylvania

An individual who is out of work in Pennsylvania may qualify for unemployment compensation benefits through the state government. The Pennsylvania Department of Labor & Industry Office of Unemployment Compensation Benefits is responsible for processing benefit requests and determining whether you are eligible to receive benefits.

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Out-of-Work Employees Can Seek Unemployment Compensation Benefits in New Jersey

An individual who is out of work in New Jersey may qualify for unemployment insurance benefits through the state government. The State of New Jersey Department of Labor and Workforce Development Unemployment Compensation Office is responsible for processing benefit requests and determining whether a former employee is eligible to receive benefits.

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Prohibition Times are Coming to an End in Pennsylvania

We’ve entered a new era in Pennsylvania. Yesterday, Governor Tom Wolf signed legislation into law that allows wine sales in licensed private establishments in the Commonwealth. Under the law grocery stores, restaurants, hotels, and takeout beer licensees are permitted to sell up to four bottles of takeout wine per customer. This is exciting news for Pennsylvanians as the sale of wine in grocery stores has not been permitted since before Prohibition.

The law also permits wine wholesalers to ship wine directly to consumers in Pennsylvania. The Commonwealth’s Wine & Spirits Stores can expand their hours of operation on Sundays and holidays, and are given more freedom in setting prices. Casinos will also be able to apply to sell alcohol 24 hours a day, 7 days a week. The law goes into effect in August, and is estimated to bring in $150 million to the Commonwealth in the first year.

New licensing procedures will be established by the Pennsylvania Liquor Control Board (PLCB) in response to the legislation. Existing licensees, and businesses seeking new licenses, should prepare for licensing changes related to the sale of wine, direct shipment of wine, and casinos that wish to sell wine around the clock.

This is a big win for anyone who sells wine or lives in Pennsylvania. The law opens a whole new market for businesses to expand their sales and brings needed convenience to Pennsylvania residents.

Your Business Could Be Liable for Cyber Security Breaches

Cyber security has become a growing concern for individuals and businesses across the nation. Undoubtedly, you’ve heard about breaches at Target, Wal-Mart, J.P. Morgan Chase, Home Depot, Apple, and Neiman Marcus. Hundreds of thousands of people had their names, social security numbers, financial information, and other sensitive data stolen and used unlawfully.

Theft of consumer information via the internet happens every day from any number of data or network systems to all types of people. It’s not just individuals or big box stores that are targeted. Cyber-attacks are directed at various organizations that keep clients’ and customers’ personal information on record. Hackers will look to small businesses, and even to a person’s home management company or homeowners’ association, to access their sensitive personal and financial information.

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