Insights
Can a Buyer Terminate the Standard Pennsylvania Buyer Agency Contract? Understanding the Limits of the PAR Exclusive Buyer Agency Agreement
The Pennsylvania Association of Realtors® (“PAR”) Exclusive Buyer Agency Contract is one of the most widely used forms governing the relationship between homebuyers and their real estate agents, but is notably sparse when it comes to termination rights. This article explores the circumstances under which a buyer may terminate the contract.
When to Review Independent School Bylaws (video clip)
Every nonprofit corporation is required to have bylaws - and those bylaws set the rules for how the organization is governed at a high level. In this video, Karen Wolfe explains why bylaws are the foundation of a board’s governance work and why board members should actually know what their bylaws say.
She walks through the kinds of questions bylaws are meant to answer - how meetings are called, how votes are taken, how notice is given, and how the board ensures it is following its own rules. Karen also explains why bylaws should be treated as a living document and reviewed regularly, with best practice being a board-level review every two to three years to ensure legal compliance and alignment with how the board actually operates.
Attorney-Client Privilege for Independent School Leaders (video clip)
Attorney-client privilege is often misunderstood - and small mistakes can easily waive it. In this video, Joe Pecora explains what attorney-client privilege actually protects, when it applies, and when it does not.
Joe Pecora, a Partner at Commons & Commons LLP, walks through common pitfalls, including why simply copying an attorney on an email or labeling a communication “confidential” does not make it privileged, how privilege can be lost by including the wrong people on emails or calls, and why privilege does not extend to all employees. He also discusses the limits of privilege for personal matters, the obligation of school counsel to act in the organization’s best interests, and when board members or heads of school should consider seeking independent legal advice.
Bylaws & Handbooks - Independent School Policy Documents (video clip)
Policy documents are where a school’s governance actually takes shape. While bylaws establish the high-level structure of boards and committees, the real detail about how a school operates lives in its policies.
In this video, Karen Wolfe, partner at s & Commons LLP, explains how four core documents - the bylaws, the board handbook, the parent and student handbook, and the employee handbook - translate a school’s mission, vision, and nonprofit purpose into day-to-day practice, and why those policies must reflect both what is happening at the school and the values on which it was founded.
Independent School Insurance and Liability Issues (video clip)
Insurance plays a critical role in protecting schools, their leadership, and their employees from significant legal and financial risk. In this video, Joe Pecora explains why insurance is essential for schools - not only to manage liability exposure, but also to meet indemnification obligations owed to directors, officers, and employees under law, bylaws, and employment contracts.
Joe Pecora, a Partner at Commons & Commons LLP, walks through the core types of insurance coverage schools should understand, including general liability, workers’ compensation, property, and auto insurance, as well as school-specific coverages such as directors and officers insurance, employment practices liability, sexual misconduct and molestation coverage, and cyber insurance. He also explains why gaps in coverage, policy limits, or lapses in insurance can create serious exposure - and why schools should regularly review their coverage with a knowledgeable insurance broker to ensure they are properly protected.
How to Organize Information and Documentation for Estate Administration in Pennsylvania: A Timeline for Personal Representatives
For those serving as the personal representative of an estate, determining what documentation and information to keep and organize can be confusing. Based on our experience working with Executors and Administrators in Philadelphia and the surrounding counties, we put together a list of documents and information that we recommend you gather and keep.
When to call the school’s attorney - a checklist for heads of school and school administrators (video clip)
In this conversation, Pete Commons and Joe Pecora of Commons & Commons LLP discuss the intersection of legal issues and school administration. They emphasize the importance of recognizing when a school issue may escalate into a legal matter, particularly when lawyers are involved. Pete outlines various scenarios that necessitate the involvement of school counsel, including employment terminations, student dismissals, and allegations of discrimination. Joe also highlights the significance of indemnification and liability insurance in protecting school administrators during legal disputes.
Avoid this costly mistake - what NOT to do before calling the school’s counsel (video clip)
One of the most common, and costly, mistakes schools make in employment matters is calling their lawyer after a termination has already happened. In this clip, we explain why that sequence is backwards. The right approach is to consult counsel before taking action, so the termination can be handled in the lowest-risk way possible. Just as important, schools should have an established relationship with their attorney before an emergency arises, not scramble to find one after the fact.
Navigating School Mergers: What Every Independent School Leader Should Know
Considering a school merger? This blog post outlines key risks, opportunities, and a downloadable due diligence checklist for independent school leaders, board members or trustees, and advisors exploring mergers or acquisitions.
Steps to Form a Compensation Committee
Steps for independent school boards to properly form a compensation committee (regarding Head of School compensation)
