Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | PROBATE & TRUST LAW Featured Story | ESTATE AND REAL ESTATE

Inheriting Digital Assets

By Adam S. Bernick, Esq. on 04/03/2013

Article Image Attorneys who write wills and trusts as part of their practice have frequently been requested to write detailed clauses disposing of various forms of property, from tangible personal property, such as jewelry, to intangible personal property, such as trademarks, copyrights and patents, and real property. Within the last decade, a fourth category has come into being- digital property. Problematically the law governing the disposition of digital property is out of date. Read Full Story »

+ Add Comment

 

Other Stories

FAMILY LAW

Money for Injuries During Marriage Are Divisible After Marriage

By James W. Cushing, Esq. on 04/03/2013

The recent Pennsylvania Supreme Court case of Focht v. Focht, 613 Pa. 48, has clarified Pennsylvania case law regarding the status of a court and/or litigation settlement and/or verdict in the context of equitable distribution in a divorce. The obvious question for divorce litigants is this: if one has a potential settlement/verdict, when, if at all, is it divisible in equitable distribution? Read Full Story »

+ Add Comment

Attorneys Beware: The Fake Creditor Scam

By Gregory S. Shields, Esq. on 04/03/2013

As a solo practitioner or small firm owner, few things are more exciting than obtaining a new client. What follows is a warning about how what seems like a great case may end up costing you everything in your bank account and then some. Read Full Story »

+ Add Comment

Podcast
Get the Flash Player to see this player.

The policies and litigation surrounding the Equal Pay Act and gender discrimination at an April 2, 2013 program from the Women’s Rights Committee and the Labor & Employment Law Committee.

 

CRIMINAL JUSTICE

D.C. Court of Appeals applies Miranda, Edwards

By Burton A. Rose, Esq. on 01/10/2013

This was an appeal from the Superior Court of the District of Columbia. The Appellant James Dorsey was convicted after a jury trial of assaulting and robbing an elderly street vendor. The videotape of Dorsey´s confession, introduced at his trial by the prosecution in its case-in-chief, was the most compelling evidence against him. Read Full Story »

+ Add Comment

CRIMINAL JUSTICE

Pennsylvania Supreme Court Rules Wiretap Act Does Not Prohibit Fake Text Messages

By Brad V. Shuttleworth, Esq. on 01/22/2013

The Pennsylvania Supreme Court rules that a police officer using a civilian's mobile phone and posing as a civilian when exchanging text message with a suspect does not violate the Pennsylvania Wiretap Act because of the ruse. It concludes that where an individual is an actual party to a communication, there is no "interception" of a communication under the Wiretap Act. Read Full Story »

+ Add Comment

ADR

Making Them Pay For It – The Dashed Promise of Arbitration Fee-Shifting

By Charles F. Forer, Esq. on 01/10/2013

Article Image How is this for scaring away potential adversaries? Make them arbitrate their claims AND make them pay a lot for the right to do so. Bob tried this strategy. Did it work? Read on... Read Full Story »

+ Add Comment

ESTATE AND REAL ESTATE

Movin' on Up?

By Adam S. Bernick, Esq. on 12/18/2012

Article Image Sherman Alexander Hemsley, a native of Philadelphia, better known for his role as George Jefferson in “All in the Family” and “The Jeffersons”, and later as Deacon Ernest Frye on “Amen”, died in Texas on July 24, 2012, yet remained unburied in a freezer until November 21, 2012, due to a will contest in the El Paso, Texas probate court. Although the court there recently upheld the will and authorized the executrix to make burial arrangements, the court’s order may be appealed, leaving Mr. Hemsley, while now interred and hopefully “moving on up”, potentially in limbo. What law applies to burial in similar situations in Pennsylvania? Read Full Story »

+ Add Comment

Local & National Headlines