Premises Liability – Assault & Battery Exclusion
When reviewing your commercial general liability coverage with respect to premises liability concerns, check for the assault and battery exclusion, and whether this is a concern with respect to your…
Legal Insights
Issues to Consider when Negotiating an Oil and Gas Lease
Alfred Maiello
Before negotiating language terms of the Lease, an agreement should first be reached on the economic terms. These terms typically include the bonus payment, the primary term, the royalty fraction,…
Attorney Fees for Unpaid Rent: Who Pays the Price?
Alfred Maiello
In these difficult economic times, landlords are finding that tenants are defaulting on leases and failing to pay rent in record numbers. Landlords trying to recover delinquent rental payments and…
To Idle or not to Idle –No Longer a Question
Alfred Maiello
The Pennsylvania Legislature recently approved restrictions on the length of time that diesel-powered vehicles, including school buses, may idle. Act 124 of 2008, adopted October 9, 2008 and effective February…
No Right to Know Cell Phone Numbers
Alfred Maiello
With the advent of the new Right-to-Know Law on January 1, 2009, the Pennsylvania Supreme Court issued its decision in Tribune Review Publishing Company v. Bodack in which it ruled…
Is Your District NIMS Compliant?
Alfred Maiello
Although Section 2(10) of the Homeland Security Act of 2002 includes school districts in the definition of “local government,” both the Federal Emergency Management Agency (FEMA) and the Pennsylvania Emergency Management…
“FERPA Trumps HIPAA in Immunization Disclosure”
Alfred Maiello
As a new school year begins, your District may receive a request from your County Health Department for specific information on students with missing immunizations. Although the requested information, including…
DGS Tries New Method of Contracting – “JOC” Job Order Contracting
Alfred Maiello
As many of you may be aware (and some currently involved), the Pennsylvanian Department of General Services (“DGS”) has re-implemented its Best Value Contracting for the New Convocation Center at…
Changes to FERPA Regulations Proposed By U.S. Department of Education
Alfred Maiello
On March 24, 2008, the United States Department of Education published in the Federal Register proposed amendments to the regulations implementing the Family Education Rights and Privacy Act (FERPA). FERPA…
Facility Owner Not Responsible for Improperly Marked Underground Utilities
Alfred Maiello
Portions of the following scenario are fictitious and the factually accurate portions are so bizarre that they appear to be fictitious. You receive a notice to proceed on the new…
All You Need to Know About the New Right to Know Law
Alfred Maiello
A Complete Re-Writing of Pennsylvania’s 1957 Right to Know Law Results in New Burdens and Duties on All School Districts Pennsylvania’s new Right to Know Law, Act 3 of 2008,…
Sixth Circuit Allows Suit Challenging No Child Left Behind Act to Proceed
Alfred Maiello
Presently, the No Child Left Behind Act is due for reauthorization by Congress. As of this newsletter going to print, Congress has not yet reauthorized it, and many observers have…
Subcontractor Bids – When is A Bid Binding?
Alfred Maiello
A recent Federal Court Case in the Eastern District of Pennsylvania points out the typical pitfalls plaguing contractors in the construction bid process. The Court found that a subcontractor is…
Recent Tax Law Changes Affect Teacher Compensation
Alfred Maiello
Recently, the Internal Revenue Service announced a change in the way it will interpret tax laws relating to deferred compensation which will have an impact on the way professional employees…
Supreme Court Addresses First Amendment Rights of Students
Alfred Maiello
In an opinion announced at the end of the 2006-2007 term, the U.S. Supreme Court decided a case concerning student free speech rights and the ability of a school district…