On February 3, 2021, attorney Shannon Brown presented a webinar entitled What’s All the Noise About Noise Ordinances? to the PA State Association of Township Supervisors. Noise Ordinance Presentation Materials What’s All the Noise About Noise Ordinances? PDF Version of…
On June 2, 2020, in Fairview Township v. Fairview Township Zoning Hearing Board, the Pennsylvanian appellate Commonwealth Court addressed issues related to variances and cell towers (wireless communications towers). Use Variances Remain an Extraordinary (and Rare) Remedy A variance represents an extraordinary remedy: “[t]he burden…
The rise of online meeting tools accompanies the coranavirus (COVID-19) pandemic. Tools such as ZOOM, Jitsi.org (open source, community developed), GoToMeeting, and Microsoft Teams provide critical infrastructure during the pandemic and critical tools…
Attorney Shannon Brown released a newly-revised Model Noise Ordinance for Pennsylvania municipalities. A noise ordinance acts as an essential tool for municipalities to encourage neighborliness, to recognize fundamental constitutional property rights, and to reduce the negative health effects of noise pollution in Pennsylvania communities. The…
On November 20, 2019, the Pennsylvania Supreme Court in Commonwealth v. Davis held that a defendant in a criminal case cannot be compelled to disclose a password protecting an encrypted computer under the so-called foregone conclusion exception to the doctrine of self-incrimination in the Fifth…
In June 2019, the US Supreme Court held in Knick v. Township of Scott, 588 US ____(2019), that property owners alleging 5th Amendment “Takings” by state and local governments can once again directly pursue claims against a state entity, such as municipality, in federal court.
Commentary Generally, property owners may not assume that they can buy or convert homes in residentially zoned neighborhoods for purely short-term rental use (such as investment properties) as recently corrected by the Pennsylvania Supreme Court in Slice of Life v. Hamilton Township . (NOTE: Be…
In December 2018, the Pennsylvania Commonwealth Court of appeals in Renaissance Real Estate Holdings LLP v. City of Philadelphia Zoning Hearing Board reiterated that a property owner, who…
On October 3, 2018, US-CERT cautioned agricultural producers about “Cybersecurity Threats to Precision Agriculture.” US-CERT cited a report produced by the Department of Homeland Security (DHS) about “Threats to Precision Agriculture” (PDF). The report recognizes the complexity of today’s agriculture, the use of…
Centers for Disease Control & Prevention (CDC) researchers confirm that workplace noise can negatively effect health for workers. While traditionally, workplace noise focused on hearing loss, current research shows a litany of other, serious, adverse health effects such as high blood pressure and high cholesterol. The study concluded: 12%…
A Swiss National Science Foundation short and long-term study of aircraft, rail and road traffic noise demonstrate disturbing links to early death, heart disease, hypertension, and diabetes. The risk of dying from a heart event increases a disturbing 4% with every 10dB increase in road noise. Martin Röösli, principal…
If you become incapacitated and cannot make healthcare decisions, who makes those decisions? Such an event can be extremely stressful without the added stress of trying to determine “what mom or dad would want?” Who makes decisions when you are incapacitated? How do you express your wishes? How do…
On 7 September 2017, Equifax announced a data breach of 143 million Equifax customers involving the compromise of names, Social Security numbers, birth dates, addresses and, in some instances, driver’s license numbers. A subset of victims, apparently, also had credit card numbers and “dispute documents” compromised.
NOTICE: See the newer Pennsylvania Supreme Court decision in the same case that now reminds employers of their duty to employers to protect sensitive employee information. The Pennsylvania Superior Court recently held in Dittman v. UPMC, that employees cannot sue employers…
The FAA now requires registration and labeling of all outdoor drones (unmanned aircraft systems or UAS) by February 19, 2016. According to the FAA UAS Website, electronic registration is available for hobbyists, as defined by law, fro drones weighing less than 55 lbs. and paper registration must…
As predicted, the NTSB reversed an earlier administrative law decision in Pirker and held that drones (UAS) are aircraft according to law and thus subject to FAA regulation. The FAA accused Pirker of “reckless operation of an aircraft” and imposed a civil fine of $10,000. The FAA alleged that…
CIO Magazine recently ran an insightful article about PCI compliance. The article emphasizes that PCI “compliance” is a credit card industry minimum set of standards to protect data and to minimize data breaches. However, as the numerous data breaches…
In May 2014, the Texas Bar Association’s Professional Ethics Committee released Opinion 642 barring law firms from using the title “officer” or “principal” in non-lawyer job titles such as Chief Information Officer. Shockingly, the opinion unleashed a howl of protest from lawyers—even…
The American Bar Association (ABA) adopted a startling resolution on cybersecurity at its August 2014 meeting. The ABA resolution urges all businesses, law firms, government agencies, and organizations to take cybersecurity seriously and to conduct regular reviews of security posture. But, the most import aspect of the resolution is,…
On June 23, 2014, the FAA issued a Federal Register Notice for the operation of model aircraft (drone) aircraft. The Notice repeats the long-standing rules regarding operating model aircraft and addresses the new rules mandated by Congress—ironically, Rules necessitated by…
Companies ill-prepared for data breaches and failing to take reasonable steps to secure data and computer systems face increasing and serious risks to the business. Specifically, companies, officers, and boards must start taking data and computer-systems security seriously or risk shareholder lawsuits. Shareholder Lawsuits for Data Breaches In two…
Drone aircraft crashes and personal injury may no longer be speculation. In Australia, a triathlete was apparently struck by a drone aircraft after radio interference destabilized the drone. See, e.g., Australian triathlete injured after drone crash, BBCNews (Apr.7, 2014). Even military…
On 6 March 2014, in FAA v. Pirker, a NTSB Administrative Law Judge dismissed the first complaint brought by the FAA against the operator of a commercial drone for reckless operation of an aircraft. While some claim that this opinion means that the commercial drones are absolutely legal, serious…
Drone manufacturers and would-be manufacturers paint a picture of skies filled with drones—unmanned aircraft (and other machines). Media and advocacy groups cite First Amendment rights to the use of drones. Police seek drones despite prohibitions by federal and state constitutions. But, serious issues related to safety (what happens when…
UPDATE: Government attorneys continue to press for warrantless searches in GPS cases and significant, and unconstitutional, expansion of the so-called Good Faith Doctrine. On December 12, 2013, a majority of the Third Circuit agreed to re-hear the matter en banc and vacated the earlier, October 22, 2013, opinion. The information below still deals with the vacated opinion.
