Bernstein-Burkley, P.C. As a creditor, there is perhaps no greater tool than a valid confession of judgment clause within your written agreement with a customer. Imagine a customer fails to make payment on its commercial credit account. Now you must decide whether or not to hire an attorney and initiate a lawsuit. However, the last […]
Robert S. Bernstein, Esq. Managing Partner, Bernstein-Burkley, P.C. Bankruptcy need not always be the final word when it comes to the rights of creditors. Most individuals filing for bankruptcy (and some creditors) have a tendency to believe that when bankruptcy is filed, their assets and properties are untouchable, perhaps an effective way for debtors to […]
Bernstein-Burkley, P.C. It is an important time for our country – a time full of promise for the future and hope for an end to the troubled economic conditions we currently endure. With a new President in office elected through a campaign centered on the promise of change, our country has voiced its concern for […]
Be Careful What You Wish For: Nicholas D. Krawec, Esq. Bernstein-Burkley, P.C. In the modern business world, where interstate and international transactions are commonplace, many commercial contracts include a clause commonly referred to as a “Forum Selection Clause”. This clause specifies the geographic location, and often the specific court or tribunal (such as the American […]
Reasonable is Key Bernstein-Burkley, P.C. It is a staple of contract law that the non-breaching party should be compensated for the “benefit of the bargain.” However, when the bargain is struck between an employer and an employee in a non-competition covenant, ordinary contract law principles may be outweighed by policy considerations. As in many states, […]
Nicholas D. Krawec, Esq. Bernstein-Burkley, P.C. There are local businesses and local organizations (Chambers of Commerce, industry and trade groups, etc.) that can be leveraged to expand your personal and business contacts to bring you a regular supply of new business. After all, that’s what networking is all about. Allow me to share some of […]
Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. Although no contract can be guaranteed to prevent a dispute with a major customer, vendor, or even an employee […]
Replevins, Making Use of a Valuable, but Often Overlooked Tool So you’ve met with an attorney and you have been informed that you have a “strong” case. Of course you instruct your attorney to immediately run to the nearest courthouse and file a writ, summons, complaint or whatever legal document is necessary in order to […]
Robert S. Bernstein, Esq. Managing Partner, Bernstein-Burkley, P.C. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good […]
In an ideal world there would never be any need to have to be concerned about receiving payments for services rendered or contracts performed. The parties to any such agreements would each do what they agreed to do, and there would be no need for court involvement. Unfortunately, there is no ideal world. When the […]
Bernstein-Burkley, P.C. The ambiguity of the legality of remedies available to a landlord when presented with a defaulting tenant has put the landlord in a difficult situation in Pennsylvania. The Landlord and Tenant Act of 1951, 68 Pa.Stat.Ann. § 250.302 et seq (hereinafter “the Act”) was thought to be envisioned by the legislature to afford […]
Pennsylvania recognizes several forms of property ownership. The main form of property ownership that creditors need to be concerned with in Pennsylvania, however, is Tenancy by the Entireties. Tenancy by the Entireties: What is it? Tenancy by the entireties is a form of concurrent ownership of property in which each owner holds an indivisible interest […]