Using Waivers and Release of Liability Forms!
Posted on 11. Jan, 2011 by briankoeberle.
Many sports events and fitness facilities routinely use Waivers and Release of Liability Forms in the normal course of their business. But do these forms really protect the promoter of a sports event or the operator of a fitness facility? Years ago courts frowned on the use of such forms, deeming them against public policy. [...]
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Turn Over of Control in Planned Communities under the UPCA!
Posted on 18. Dec, 2010 by briankoeberle.
Many homeowners today are living in planned communities governed by a homeowners association (“HOA”) and subject to the Uniform Planned Community Act (“UPCA”). Typically the developer, otherwise known as the declarant, initially controls the HOA and the common elements of the planned community. In order to prevent a developer from controlling the HOA, common elements, [...]
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Fallout from the American Needle Case!
Posted on 24. Oct, 2010 by briankoeberle.
A landmark U.S. Supreme Court ruling has turned the sports world upside down as it relates to future licensing deals. In the case of American Needle v. National Football League, the Supreme Court held that the 32 NFL Clubs are not considered a single entity under Section 1 of the Sherman Antitrust Act, but rather [...]
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Fiduciary Duty of Homeowners Association Board Members
Posted on 09. Aug, 2010 by briankoeberle.
Many homeowners today are living in either planned communities or condominiums governed by homeowners associations (“HOA”). And some of these homeowners end up serving on the board of the HOA without any understanding of their fiduciary duty to the other homeowners. In short, a board member has a fiduciary duty of undivided loyalty to the [...]
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Celebrity Endorsements Still Work!
Posted on 22. Jun, 2010 by briankoeberle.
In the wake of the Tiger Woods and Ben Roethlisberger scandals, some corporate marketers may be shying away from using a celebrity as a spokesperson for their product or service. They may view the risk of some untoward actions off the field as too great to offset any goodwill generated by a celebrity endorsement. But [...]
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Resale of Units in Planned Communities
Posted on 28. Apr, 2010 by briankoeberle.
Many homeowners in Pennsylvania today are living in either planned communities or condominiums subject to either the Uniform Planned Community Act (“UPCA”) or Uniform Condominium Act (“UCA”). Prior to selling their home, such homeowners are required to furnish to the purchaser, prior to execution of a sales agreement, a copy of the declaration, the bylaws [...]
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The Elements of a Valid Will!
Posted on 22. Feb, 2010 by briankoeberle.
Recently a dear friend of mine passed away. It was later discovered that in her final days she attempted to hand-write a “will” on a piece of paper. Unfortunately, the document she wrote lacked many of what are considered to be the essential elements of a valid will. As a result, the validity of the [...]
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Choice of Business Entity
Posted on 02. Dec, 2009 by briankoeberle.
In this economic downturn, many people who have been downsized have been bit by the entreprenurial bug and are contemplating starting a business. What legal structure the business will have is an important first step in launching the new venture. By default, a new company is a sole proprietorship or partnership unless a different busines entity is created. [...]
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Cram-downs and the Hanging Paragraph
Posted on 17. Nov, 2009 by emmettjones.
One of the largest advantages of a Chapter 13 bankruptcy is that you are able to “cram-down” the value of your car in bankruptcy, assuming you meet the correct criteria. The criteria itself? It’s found in the “hanging paragraph” of the bankruptcy code. Section 1325(a)(*) of the bankruptcy code is dubbed as the hanging paragraph [...]
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Bankruptcy: Discharge versus Dismissal
Posted on 16. Nov, 2009 by emmettjones.
Bankruptcy cases usually end one of two ways. Debtors either receive a discharge, or they receive a dismissal. So…which one is good and which one is unwanted? A discharge in bankruptcy occurs at the end/completion of your bankruptcy proceedings. It is the bankruptcy discharge that takes away your obligation to pay back outstanding debts as [...]
