Kenneth L. Baritz & Associates, P.C.Lawyer Philadelphia PA | Kenneth L. Baritz & Associates, P.C.2024-03-10T01:45:13Zhttps://www.baritzlaw.com/feed/atom/WordPressOn Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482572024-03-10T01:45:13Z2024-03-10T01:45:13ZEvery case has different consequences
Factors including how much someone had to drink and their prior arrest history can influence the penalties possible in a Pennsylvania DUI case. The judge presiding over someone's trial has a degree of discretion when they decide what penalties to impose.
A first DUI that does not involve a particularly high blood alcohol concentration (BAC) may not lead to a license suspension at all. Someone with no prior convictions and a BAC between 0.08 and 0.99% could avoid a license suspension. However, a second offense with a similar BAC could lead to a 12-month license suspension.
Someone with a BAC between 0.10 and 0.159% could also face a 12-month suspension for a first-time DUI. High BAC offenders and those under the influence of drugs, not alcohol, could also face a 12-month suspension even for a first offense.
Occasionally, drivers may also be subject to a requirement to install an ignition interlock device (IID) in their vehicles after a DUI conviction. They have to absorb the cost of the device installation and could be at risk of additional penalties should they attempt to drive with an elevated BAC.
A loss of driving privileges can affect not only the person accused of the DUI but also their employer and their family. For many people, the licensing penalties are one of the strongest incentives to fight DUI charges. Learning more about how Pennsylvania handles impaired driving cases may help those who are deciding what to do after a recent arrest to make more informed choices.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482562024-02-24T23:59:32Z2024-02-24T23:59:32ZUnauthorized use of your trademarks
Preserving the integrity and reputation of a brand is crucial for businesses, and intellectual property lawsuits play a vital role in brand protection. Companies may sue individuals or entities for trademark infringement or dilution to safeguard their brand identity.
Trademark infringement occurs when another business uses your trademark without permission. This could include using a similar logo, brand name or slogan that is likely to cause confusion among consumers. Discovering that another business is using your trademarks without authorization could be grounds for an IP claim.
Replication of your products or services
If another business is producing products or services that are identical or substantially similar to yours, it could constitute copyright or patent infringement. Whether it's a direct copy or a slightly modified version, unauthorized replication of your products or services can harm your business's reputation and market share.
Misappropriation of trade secrets
Trade secrets are invaluable assets that give your brand a competitive advantage. If another business gains access to your trade secrets through improper means, such as theft or espionage, and uses them for their benefit, it could constitute misappropriation. Signs of misappropriation may include the sudden introduction of similar products or services by a competitor or the use of confidential information that only your business possesses.
Safeguarding your business's intellectual property is crucial for maintaining your competitive edge and safeguarding your interests. If you notice any of the signs of infringement mentioned above, taking swift and decisive action is essential to protect your rights. Consulting with an experienced legal team can help you assess the situation and determine the best course of action given your company’s unique needs and circumstances.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482552024-02-08T14:24:38Z2024-02-08T14:24:38ZBusiness torts can arise in numerous contexts, from disputes between competitors to conflicts within a business entity itself. Understanding business torts is crucial for business owners and managers who aim to protect their interests and navigate potential legal disputes effectively.
Defamation
Defamation is a serious business tort that can significantly damage a company's reputation. It involves making false statements about a business or its products/services, either orally (slander) or in written form (libel). Businesses must be vigilant in monitoring and addressing defamatory content.
To help protect against defamation, businesses should regularly monitor social media platforms, and review websites or other online forums for any mention of the company or its products and services. This way, they can address any defamatory statements swiftly and professionally. This can be done by engaging with the individual or entity responsible and requesting the removal or correction of the false information.
Tortious interference
This tort occurs when a third party intentionally disrupts a business's existing contracts or business relationships for their gain. This interference can lead to financial losses and damage to the affected business's reputation.
Businesses can mitigate the risk of tortious interference by ensuring that contracts with suppliers, clients and partners include clear terms and conditions, including provisions to help prevent interference by third parties. Businesses should also cultivate strong, transparent relationships with clients, suppliers and partners to minimize the likelihood of outside interference.
Restraint of trade
Restraint of trade refers to actions that restrict a business's ability to operate freely in the marketplace. This may include agreements or practices that hinder competition or prevent businesses from engaging in lawful trade activities.
Businesses can navigate restraint of trade issues by familiarizing themselves with antitrust laws and regulations that govern trade practices and competition in their industry. It would also help to scrutinize contracts, agreements and non-compete clauses to help ensure compliance with antitrust laws and protect against restraint of trade claims.
Understanding and addressing business torts is essential for safeguarding a company's reputation, relationships and operations. By taking proactive steps to prevent and address these legal wrongs, businesses can mitigate risks and protect their interests in today's complex and competitive business environment.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482532024-01-24T13:20:59Z2024-01-24T13:20:59Zrole of trusts is essential for individuals in Pennsylvania looking to manage their estate effectively.
Types of trusts
There are several types of trusts, but they all fall into two primary categories – revocable and irrevocable. Each type of trust serves different purposes in estate planning.
Revocable trusts, also known as living trusts, can be altered or revoked by the trust creator during their lifetime. They provide flexibility and privacy because they allow assets to bypass probate upon death.
Irrevocable trusts, once established, can’t be easily changed. These offer stronger asset protection and potential tax benefits. There are several different types to consider, including special needs trusts.
Asset protection and control
Trusts offer a degree of asset protection unavailable through a simple will. Assets placed in a trust, especially an irrevocable one, are generally shielded from creditors, lawsuits and sometimes estate taxes. This makes trusts attractive for those looking to preserve wealth for future generations. Additionally, trusts allow the creator to set specific terms for asset distribution. This ensures that beneficiaries receive an inheritance that aligns with the creator's wishes.
Privacy and probate avoidance
As in many states, probate can be a public, time-consuming, and costly process in Pennsylvania. Trusts allow assets to pass to beneficiaries without going through probate. This maintains privacy and potentially reduces costs and delays.
Trusts are an essential component of a comprehensive estate plan. It’s critical to determine how establishing a trust will impact beneficiaries. Understanding the specifics of the trusts that might meet a creator’s needs may help them decide how to proceed in the estate's best interests. Seeking legal guidance, therefore, is generally wise.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482522024-01-12T15:10:58Z2024-01-12T15:10:58ZContract termination
Most business contracts include special clauses that ensure the contract remains enforceable even when there is a breach of certain parts of the agreement. The business coping with losses triggered by a contract breach may still have to make payments to the other party or continue to do business because of the written agreement. A breach of contract can undermine the relationship between the parties and force one party to look for an alternate source of services or materials. They could ask a judge to terminate the contractual agreement so that they do not have any ongoing financial obligations to the other party.
An award of damages
Material contract breaches often cause provable economic losses. A business that needs to deliver products to a client may be unable to do so if a supplier does not deliver raw materials. They might lose a very valuable contract or face penalties because of the terms of an agreement with the third party. Contract violations can lead to a variety of different economic losses that may justify a request for damages. Judges can award a plaintiff financial compensation for the provable losses triggered by a contract breach.
An order of specific performance
Pennsylvania civil court judges also theoretically have the authority to enforce a contract. An order of specific performance can compel the defendant to perform certain functions, such as completing a project or delivering materials in accordance with the contract.
A combination of these three possible solutions can help a business negatively affected by a contract violation resolve the matter in the best way possible. Reviewing the contract in question is often a useful starting point for those affected by a breach of contract.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482432023-12-12T15:09:09Z2023-12-12T15:09:09ZWhat does Pennsylvania law say?
The human body does not absorb alcohol instantly. Someone's blood alcohol concentration (BAC) goes up after they drink and eventually starts going back down again as their body metabolizes the alcohol they consumed. Many people will experience an increase in BAC that continues for some time after they finish drinking.
Someone could have a substantially higher BAC an hour or two after they leave a party than they did at the time that they decided to head home. The possibility of someone's BAC continuing to rise is one reason why Pennsylvania limits the timing of chemical testing. Police officers typically need to perform a chemical test within two hours of when they initiated the traffic stop.
The results of tests performed more than two hours after police stop someone would likely not hold up under scrutiny in criminal court. Small mistakes, like waiting too long to conduct a test, can undermine the state's chances of obtaining a conviction and help someone develop a defense strategy.
Learning more about the rules that apply to Pennsylvania DUI cases may help someone hoping to fight back against pending criminal charges.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482422023-11-05T19:33:49Z2023-11-05T19:33:49ZConsidering mediation
Some executives and business owners will ignore their contractual obligations to others until it becomes clear that they have no other choice but to address an issue. A pending lawsuit is often the jolt of reality someone requires when they have previously done everything in their power to avoid fulfilling contractual obligations.
Someone who has previously refused to communicate or compromise may become more open to the idea of working out the issue when they know that a lawsuit is imminent. People often agree to mediation or other alternative dispute resolution systems, like arbitration, when there is a pending lawsuit that could damage a company's finances or reputation. Some businesses even require mediation in their contracts with other parties.
In mediation, both parties embroiled in a dispute have an opportunity to present their side of the situation. They can work with a neutral outside professional to resolve their disagreements and potentially reach an amicable solution. It is possible to discuss the details of a business agreement and the failings of either party without reputation-damaging information becoming public knowledge, as mediation records are largely confidential.
Those who attend business mediation can potentially settle the matter and then end the lawsuit without it actually going to trial in front of a judge. Mediation is one of the many reasons that the vast majority of business lawsuits do not culminate in a trial. Exploring alternative approaches to conflict resolution may benefit those concerned about how another company's failings have impacted their organization's operations.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482412023-10-09T12:19:25Z2023-10-09T12:19:25ZMost DUI charges are classified as misdemeanor offenses
The vast majority of DUI cases in Pennsylvania involve misdemeanor charges. The specific charges that Pennsylvania prosecutors bring against someone accused of intoxication while driving will depend on someone's blood alcohol concentration (BAC) at the time of their arrest.
Those with BACs just over the legal limit will likely face less serious accusations than those with test results well over the legal limit. Prosecutors also review someone's prior criminal record when determining the charges someone will face. A first offense without any aggravating factors could lead to six months of probation, $300 in fines and possibly treatment or alcohol highway safety school. A third basic DUI could lead to prison for up to two years.
However, even someone with a very high BAC and multiple prior DUI charges will usually face misdemeanor charges. The one exception to that rule is when a drunk driver causes injury to others. If someone under the influence of alcohol or drugs causes a collision that leads to another person's injury or someone dying, then state prosecutors will likely pursue felony charges related to the impaired driving incident.
In almost all other cases, motorists accused of intoxication at the wheel will face some form of misdemeanor charge. Yet, regardless of how an offense is classified, fighting back against a DUI charge can protect someone from a life-altering criminal record and/or the possibility of enhanced penalties if they get arrested again in the future.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482402023-09-18T11:41:43Z2023-09-18T11:41:43ZEvery situation is subject to different rules
There is no universal rule that applies to every estate planning scenario in Pennsylvania. An individual's health, family circumstances and legacy wishes all influence how they should structure their estate plan.
For the average person putting together a will with the help of an attorney, no witnesses are necessary for their documents to have legal authority in the Pennsylvania probate courts. However, there are sometimes witness requirements that apply. Specifically, when someone is unable to sign the will themselves because of medical issues, it may be necessary to have two witnesses validate their involvement in the creation of their testamentary documents.
Many lawyers will recommend that testators have two adult witnesses present when they assign their documents that to ensure there won't be conflict about someone's testamentary capacity or possible fraud after someone's passing. The people who serve as witnesses will need to be at least 18 years old and generally should not have an interest in the estate to avoid any conflict of interest. Still, their presence is not strictly necessary for the validity of most wills drafted in Pennsylvania.
Learning more about the rules that apply to escape planning in Pennsylvania can help people create documents that will hold up even during probate court proceedings.]]>On Behalf of Baritz Law Associates LLChttps://www.baritzlaw.com/?p=482392023-10-04T19:37:05Z2023-09-04T23:58:23ZDocumenting the issue
Maintaining internal records that detail every missed and late delivery will be important for an organization frustrated by vendor contract breaches. In situations involving routine delays in delivery, there could be major losses suffered because of those failures. When a company simply fails to deliver materials, a business might need to close temporarily or idle its production lines. The more evidence the business has affirming not only the breach of the vendor's contract but also its impact on the company's operations, be easier it will be to take action.
Reviewing and enforce the contract
Vendor agreements may eventually expire or may include clauses that provide some protection to the vendor in the case of a conflict. A business intending to pursue a breach of contract lawsuit related to a vendor's failures will want to carefully review the written agreement with that vendor to determine if an actionable breach actually occurred. The contract may prescribe solutions for the breach or may even give someone grounds to seek damages from the vendor that breached the agreement. The company that does not receive the materials that it requires from the vendor can communicate directly with the vendor about the issue in an early attempt to enforce the agreement.
If that fails, then filing a lawsuit may be necessary. Taking a vendor to court over a breach of contract can potentially resolve the matter but could also damage the relationship between the two businesses. In some scenarios, it may be possible to settle outside of court. Other times, a judge's order will be necessary to compel a party in violation of a contract to follow through on their obligations or cover damages.
Taking thoughtful steps, including seeking legal guidance, when responding to a vendor's breach of contract may help a company mitigate any losses suffered as a result of that contract violation.]]>