- A Nico Lai Law Group, P.C. Publication - Business & Preventive Law-Winter 2013
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Resource Materials
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Checklists
- 401 (K) Plan Blackout Periods
- Adr Primer
- Buying All Or Part Of A Business In Trouble
- Celebrity Project Agreements
- Company Director Candidate Questions
- Company Director Evaluation Questions
- Confidential Work Discipline Investigations
- Drafting Enforceable Confidentiality, Non-Compete, And Non-Solicitation Agreements
- Employee Perspective On Confidentiality, Non-Compete, Non-Solicitation Agreements
- Employment Agreement Basics
- Employment Law Tips
- Eu Perspective On Offshoring & Data Protection
- Exiting Employee
- Flsa Traps
- Hiring Employees From Competitors
- Insurance Coverage For Sexual Harassment In The Workplace
- Investigating Harassment Complaints
- Last Chance Agreements And The Duty Of Fair Representation
- Lease Assignments In Retail Business Acquisitions
- Participating In An Sso
- Sarbanes-Oxley For Nonprofits
- Should Your Business Be An S Corp?
- The Role Of Audit Committees
- “Efforts” Contract Clauses
-
Forms Library
- Agreement And General Release - Employment
- Arbitration/us/non-injunctive
- Better Arbitrations
- Choice Of Law & Forum
- Independent Contractor Agreement
- Internet Use Policy
- Liability Cap
- Model Affirmative Action Plan - Government Contractors
- Model Cobra Continuation Coverage Election Notice
- Model General Notice Of Cobra Continuation Coverage Rights
- Performers Agreement
- Remedies Limitations
- Salesman Employment Agreement
- Separation Agreement And Release Of Claims
- Settlement Agreement - Employment
- Sophisticaetd Payment Provision
- Sophisticated Payment Provision Ii
- Sophisticated Payment Provision - Pmsi
- Sophisticated Payment Provision - Taxes
- Sophisticated Payment Provision - Termination
- Technology Use Policy
- Warranty Exclusion Provision
- Warranty Exclusion Provision - Ii
- Warranty Limitation Provision
-
Manager Notes
- 6th Circuit Limits Dcma Scope
- A Classic Trade Secret Case – Protection + Access = Liability
- Acquisition Considerations
- Ada/Fmla Interplay
- Ada Applies To Diabetes
- Ada Does Not Necessarily Require Remote Work Location
- Ada Public Accommodation Law Gives No Money Damages
- Ada Requires Accommodation For Person Regarded Disabled
- Advertising Your Trademark Away
- All Massachusetts Employers Subjected To Discrimination Cases
- Amending Llc Operating Agreement Defaults Loan
- American Recovery And Reinvestment Act Of 2009 (Arra)
- Another Fmla Reg Invalidated
- Appeals Court Broadens Personal Manager Liability
- Appeals Court Clarifies Fee V. Tax Distinction
- Arbitration Agreement Not Enforceable
- Arbitration Clause Trumps Fraud Claim
- Arbitration Non-Compete Award Upheld
- Arbitration Of Fraudulent Inducement Claims
- Attorney Fee As 93a Damages
- Background Checks In Employment
- Bad License Kills Trademark
- Bank Liable For Refusing To Delay Foreclosure Sale
- Baseless Action Against Former Employee Nets Triple Damages
- Brownfields Bill Finally Enacted
- Building Plans Get Copyright Protection
- Business Buyer Makes Implied Promise To Continue To Invest
- Business Form Still Matters
- Business Truth In Lending Act Remedies Limited
- California Bans Spam
- Cash Balance Pension Plans Can Violate Erisa
- Cashing Fee Is Illegal Wage Deduction
- Certification Marks Subject To Challenge Despite Agreement
- Challenge To Whole Contract Goes To Arbitration
- Choice Of Law For Contract Breach Claims
- Claim Determinations Under Erisa
- Close Corporation Shareholder Release
- Cobra Changes
- Cobra Rules Revision
- Company Cell Phone Policies & Liability
- Company Liable For Employee Internet Porn Activities
- Competitors Can Sue For False Advertising
- Compilation Trade Secrets
- Computer Search Requires No Warrant
- Construction Loan Takeout
- Contract Beneficiary Must Arbitrate
- Contracts Not Enough To Protect Trade Secrets
- Coordinating Arbitration And Eeoc Cases
- Coordinating Performance Bonds & Arbitration
- Copyright Infringement Injunctions
- Copyright Protection Requires Creativity
- Copyright Work Made For Hire Not Applicable
- Corporate Gc Survey Shows Adr Use Growing
- Criminal Record Information Rule Changes
- Damages In Partnership Liquidation
- Defective Retirement S P D Creates Liability; Court Applies Low Standard Of Proof
- Delay In Trademark Action Limits Rights
- Design Patent Infringement
- Direct Taking By Competitor May Not Protect Secret
- Double Worker Comp Claims Possible
- Eeoc Defines Applicant For Internet Recruiting
- Email Domain Name Sharing Alone Does Not Create Agency
- Email Monitoring
- E-Mails Create Jurisdiction
- Employee Blog Litigation
- Employee Discrimination Reporting In Response To Inquiry Protected
- Employee Induced To Leave Job Can Recover
- Employee Privacy Development
- Employee Retaliation Rights Broadened
- Employer Arbitrator Pick Voids Agreement
- Employer Liability For Employee Drinking Not Expanded
- Employer Liable For Employee’s Criminal Act
- Employer Liable For Single Racial Slur
- Employers Win Most Ada Suits
- Employment Arbitration Policy Killed
- Employment At Will Exceptions Growing
- Employment Credit Check Prohibitions Expanding
- Employment Dispute Handling In Great Britain
- Employment References In Connecticut
- Epa Liens Against Buyers
- Erasing Files Violates Federal Law
- Erasing Files Violates Federal Law
- Erisa Benefit Review Standard
- Erisa Retaliation Protection Expanded
- Eu Court Denies Privilege To Documents For Legal Advice
- Exercised Options
- Extraterritorial Trademark Protection Allowed
- Failure To Comply With Far Gives Patent Title To Government
- False Claims Act Cases Limited
- Family Limited Partnerships Under New Irs Attack
- Family Responsibility Discrimination
- Family Responsibility Discrimination Case
- Fed Court Lowers Standard For Retaliation Cases
- Federal Can-Spam Act
- Federal Trade Commission Recommends Patent Validity Overhaul
- Fewer Cases Go To Trial
- File Sharing Crackdown May Come To Your Company
- Filing Eeoc Questionnaire Enough For Adea
- Final Revised Ot Regulations Issued Effective August 23
- Flsa – When The Clock Starts & Stops
- Fmla Leave Return Cannot Be Delayed
- Fmla Serious Medical Condition Requirement
- Foreign Right To Oppose Marks Expanded
- Franchise Agreement Non-Competes In Question
- Franchise Agreement Non-Compete Upheld
- Fraudulent Inducement Claims Trump At Will Bar
- Ftc Issues Final Can-Spam Rule Effective March 28, 2005
- Ftc Issues Porn Spam Rule
- Generic Words Are Not Trademarks
- Genetic Information Discrimination Goes National
- Geographic Services Marks Strengthened
- Google Keyword Development
- Gray Market Goods Ruling
- Gray Market Goods Standards
- Grokster Case Creates Inducement Liability For Copyright
- Health Reform Grandfathering
- Hippa & Lawyer Communications
- Home Owner Protections Do Not Always Apply
- How To Infringe A Mark Without Using It
- Illegal Immigrant Contracting Crackdown
- Illicit Company Computer Use Survey
- Independent Contractor Status
- Indirect Discrimination Upheld
- Insurer Must Pay Retail Value Of Ruined Inventory
- Intentional Trademark Infringement Means No Laches Defense
- Interactive Website Creates Jurisdiction
- Intercompany Transactions & Mass Income Tax
- Internal Revenue Service Eases Flexible Spending Account Rules On Allowable Expenses
- Internal Revenue Service Issues New Vehicle Deduction Rules
- Internal Revenue Service Releases 2004 Mileage Deduction Rules
- Internal Revenue Service Reminds Businesses Of Retirement Plan Deadline
- Internal Revenue Service Reminds Businesses Of Retirement Plan Deadline
- Internationalization Of Business Rules
- Internet Spidering & Scraping Issues
- Irs & States Winning Tax Shelter Client List War
- Irs Allows Electronic Signatures
- Irs Announces 2005 Mileage Reimbursement Rates
- Irs Announces Standard Amounts For Telephone Tax Refund
- Irs Innocent Spouse Guidance
- Irs Issues Cobra Guidance
- Irs Issues Cross Border Worker Rules
- Irs Issues Final Isop Rules
- Irs Issues Final Regulations On Attorney Fee Awards
- Irs Issues Section 179 Writeoff Rules For Expanded Tax Relief Act Rights
- Irs Releases Roth 401(K) Rules
- Irs Waives Ira Rollover Requirement
- Iso Negligent Misrepresentation Liability
- Jury Trial Right In Trade Secret Cases
- Lawyers Can Advise Clients To Secretly Record In Some States
- Liability For Sold Used Equipment
- Licensed Site Professionals Liable For Delay Damages
- Lilly Ledbetter Fair Pay Act Of 2009
- Limited Copyright Damages By Failing To Act
- Llc Formation Leaves Partners On Hook Personally
- Llc Freezeout By Bankruptcy
- Llc Operating Agreement Ambiguity Opens Court Door
- Llp/Llc Duration & Personal Liability
- Loading Program Is Copying Under Copyright Act
- Lp Call Provision Becomes Personal
- M&A And Erisa Plans
- Male Sex Harassment Claims Up
- Massachusetts Tightly Restricts Independent Contractors & Greatly Increases Misclassification Risk
- Massachusetts Vacation Pay Case
- Mass Corp Director Liability For Wage Payments
- Mass Court Sets Wc Stress Standard
- Mass Law Does Not Assume Contracting Party Indemnification
- Mass Law Does Not Assume Contracting Party Indemnification (part two)
- Mass Limits Freeze-Out Remedies
- Mass Protection Art Law Broader Than Federal
- Mass Refuses Compelled Self-Defamation Cause Of Action
- Mass Supreme Court Limits Employment Damages
- Mass Supreme Court Lowers Non-Employee Harassment Standard
- Mass Supreme Court Revises Liquidated Damages Rule
- Mcad Declares Diabetes A Handicap
- Mcad Dumps Its Own Rules
- Mcad Guideline Overturned Others May Be Questionable
- Mcad Powers May Change
- Metatag Trademark Cases Turning To Plaintiffs
- Military Family Tax Relief Act
- Military Status Added To List Of Prohibited Discrimination
- Minor Late Payments Violate Wage Act
- New China Franchising Regulation
- New Executive Orders Affect Government Contractors
- New Federal Communications Commission Fax Advertising Rules
- New Immigration & Visa Rules
- New Law Increases Reservist’s Rights
- New Law Makes Attorney Fees Non-Taxable In Employment Cases
- New Mass Employee Records Law Requires Notice
- New Mass Law Affects Construction Contracts
- New Rules Compel Electronic Document Inventories
- New Scanner Enforcement Law
- New Standard For Punitive Damages In Discrimination Cases
- New York Applies Income Tax Across Borders
- No Eeo Posting May Increase Time To Sue
- Noncompete Agreement Enforceability
- Non-Compete Invalid After Job Change
- Noncooperative Employee Cannot Claim Discrimination
- Non-Discretionary Bonuses Trigger Wage Act
- No Secret Means No Injunction – Non-Compete Dead
- No Trademark Infringement In Accurate But Unauthorized Use
- Oecd Sets Licensing Standard
- Ofccp Compensation Notices
- Ofccp Issues Compensation Discrimination Guides
- One Blind Eye Not Ada Disability
- Open Space Law To Be Tested
- Option Backdating
- Osha Fines Ruling
- Osha Reporting Rule Change
- Osha Revises Workplace Electrical Code
- Ot & Other Wage-Hour Litigation Picks Up Steam
- Overbroad Confidentiality Rule Violates Nlra
- Over The Counter Defibrillators – A New Duty Coming
- Overtime Cases On The Rise
- Overtime Litigation
- Partnership Debt Liability
- Partnership Liquidation Values
- Payment Of Wage Law Cuts Broad Liability Path
- Pension Transfer Safe Harbor
- Personal Employment Action Liability Harder To Prove
- Personality Test Fails Ada
- Personnel Records Law Changed
- Phishing Puts Data At Risk
- Policy = Immunity
- Porn Policy Study
- Post Firing Conduct Can Bar Front Pay
- Preparing For The New Administration
- Preserving Arbitration Rights
- Proposed Ada Regs Expand Coverage
- Proposed Regs On Plan Rollovers
- Pros & Cons Of Stapled Financing
- Puffery Versus False Advertising
- Punitive Damage Contract Limit Overridden
- Real World Suck Site Case
- Recording Employee Telephone Conversations
- Records Given To State For Audit Not Trade Secret
- Recreational Use Protection Limited
- Releases Of Fmla Claims
- Repackaging With Disclosure Requires No License To Use Mark
- Retailer Liable For Infringement Of Counterfeit Goods
- Retaliation Claim Example
- Retaliation Protection Extends To Accused Employee
- Retiree Health Plans May Be Exempted From Adea
- Rev. Proc. 2005-66
- Rif Discrimination Cases
- Sale-Leaseback Arrangement Can Be A Security
- Sales Tax Applies To Out-Of-State Pickups
- Same Sex Couples Have Fmla Right
- Same-Sex Harassment Claims Increasing
- Scope Of Federal Jurisdiction
- S Corp Changes In New Tax Law
- Seller Paper In Deals
- Selling Property With A Past
- Severance Pay Taxation
- Sex Harassment Does Not Require Sex Content
- Shareholder Fiduciary Duty Tested
- Sharp Dealing Kills Contract
- Sharp Dealing Yields Multiple Damages Even If Customer Owes
- Sjc Reverses Employer Right To Jury Trials & Sets Emotional Distress Damage Standards
- Sjc Ruling Closes Lid On Shareholder Suits
- Software Code Copying
- Sponsored Link Cases
- Stock Gift Does Not Change Freezeout Rules
- Stock Sale Transfers Trade Name
- Supreme Court Opens Retaliation Claims Door
- Teaming Agreement Leads To Trade Secret Loss
- Telecommuter Tax Case May Affect Many
- Telephone Tax Refund Business Formula
- Temporary Disability Becomes A Handicap
- The Ever Expanding Unjust Termination Right
- Third Party Vicariously Liable For Copyright Infringement
- Tiffany-Ebay Second Circuit Decision
- Time Limit On Cobra Claims
- Title Vii Damage Caps Can Be Exceeded
- Trade Dress Can Prohibit Add-On Products
- Trademark Counterfeit Hunting
- Trademark Fair Use
- Trademark Infringement Does Not Require Lost Business
- Trade Secret Liability Does Not Require Understanding
- Transfer Of Mark Before Use Was Ineffective
- Treasury And Internal Revenue Service Issue Final Regulations For Split-dollar Life Insurance Arrangements
- Treasury And Irs Make It Easier To Design Health Savings Accounts
- Trespass To Chattel Theory Rejected For Unwanted E-Mail
- Triggering A Commercial Lease First Refusal Right
- Truck Driver Background Checks Required
- Trust Property Damage Claims
- Uc Benefits – Good Cause For Voluntary Quit
- Unfair Terms Kill Entire Arbitration Agreement
- Un Panel Aims To End Internet Tug Of War
- Use Of Your Trademark In A “Sucks” Site
- Verbal Confidentiality Agreement Leads To Long Litigation
- Wage Act Prohibits Agreement To Defer Pay
- Web Mark Enforcement Lesson
- Where Erisa Litigation Is Going
- Where Things Are Going In Employment Law
- Whistleblower Provisions In The Patient Protection And Affordable Care Act
- Worker Compensation Gets No Bankruptcy Priority
-
Monthly Memo
- 401 (K) Blackouts
- Accommodating Disabled Employees
- Ada & Fmla Disability Determinations
- Advertising Food Products
- Another Nda Primer
- Antiboycott Voluntary Self-Disclosure
- Anti-retaliation Policies
- Arra Whistblower Provisions
- A Stitch In Time Saves Nine
- Attorney/Client Privilege In Sexual Harassment Investigations
- Better, Cheaper & Faster Arbitrations
- Biotech Material Regulation
- Board Canceling Trademarks For Fraud
- Borrower Negotiation Of Loan Commitments
- Buying A Franchise
- Buying Technology Assets
- Canada Privacy Act
- Ceo Bonus Is Wages
- Checklist For Commercial Property Deals
- Clean Water Act Npdes Permits
- Commercial Loan Tips
- Copyright & Antitrust
- Corporate Partnering Arrangements
- Cost Sharing Arrangements
- Court Decision Revisits No-Solicitation Rule Guidelines
- Court Sets Standard For Libel Against Professionals
- Cpr Business-to-business E-commerce Initiative
- Creating And Implementing A Document Retention Policy
- Creating Joint Authorship
- Customer Information Litigation
- Customs Law Pointers
- Customs Obligations For Importers
- Dealer Terminations
- Dealing With Lenders On Contaminated Real Estate
- Defined Contribution Plan Liability Upped
- Designing Records Retention Policies
- Developments Concerning Adea Settlements Have Consequences For Both Employers And Employees
- Developments In Mass. Check Fraud Law
- Digital Millennium Copyright Act
- Director & Officer Liability Insurance
- Disparaging Domain Names
- Dol To Expand Erisa Fiduciary Definition
- Domain Name Dispute Policy Changed
- Domain Names & Distribution Agreements
- Dot.com Acquisition Issues
- Do You Need A Pda Policy?
- Drug & Alcohol Abuse Under The Ada
- Economic Espionage Act
- E-Discovery Dawns
- Eeoc Enforcement Guidance On Preemployment Inquiries Under The Americans With Disabilities Act
- Eeoc Guidance On Psychiatric Disabilities And The Americans With Disabilities Act
- Electronic Mail Message Retention
- Employee Retaliation Claims
- Employer's Notice To Employees Regarding Unemployment Insurance Benefits
- Employer Liability For Employee Assistance Programs
- Employment Arbitration Developments
- Employment Documentation Update
- Enforcing Non-Competes In The Real World
- Environmental Marketing Claims
- Epli Overview
- Equity And Quasi-equity Compensation Plans
- Eu Adr Rules For Internet Disputes
- Eu Directive Increases Employee Rights
- Eu Issues Final Rule Limiting Attorney-Client Privilege
- European Data Privacy Obligations Impact On U.s. Businesses
- Federal Claims For Information Theft
- Federal Credit & Loan Guarantee Programs
- Federal Employment Law Posting Requirements
- Final Safe Harbor Privacy Principles
- Finders & Broker-Dealer Registration
- Fundamentals On Reselling Securities
- Genetic Information Discrimination
- Genetic Privacy Law Signed
- Gift Certificates
- Giving & Getting Employment References
- Handicap Discrimination In Housing
- Health Benefits Cases
- Hippa & The Hr Department
- History, Development & Status Of Software Protection
- Identifying & Protecting Trade Secrets
- Incentive Compensation – Beyond Stock Options
- Insurance Coverage For Employment Discrimination
- Intellectual Property Licensing Antitrust Guidelines - Part 1
- Intellectual Property Licensing Antitrust Guidelines - Part 2
- Intellectual Property Primer
- Internal Flsa Complaints Protected
- International Distribution Agreements
- Internet Job Application Recordkeeping
- Internet Supplier Agreements
- Investigations Under Fact
- Lawyer Referral For Labor Cases Set Up
- Llc Fiduciary Law
- Maintaining Corporate Identity
- Maintaining Your Corporate Veil
- Managing Ip Compliance
- Massachusetts Wage Enforcement Attorney General Advisory
- Mass Public Construction Ruling
- Medicare Part D Record Retention Requirements
- Memorized Client List Is Protected
- Monitoring Employee E-Mail
- Negotiating A Lease
- Negotiating Copyright Ownership
- New Cobra Regulations Issued
- New Cybersquatting Law
- New Employment Arbitration Rules
- New Massachusetts Wage Enforcement Law
- New Prerequisites To Filing Contamination Suits Affect Rights
- New System For Domain Name Challenges
- New Website Regulations Require Changes
- Nlra Application To Non-Union Companies
- Office Romance
- Older Workers Benefit Protection Act
- Online Advertising Error Liability
- Online Trademark Law Review
- Open Source Code
- Osha Inspections
- Payment-in-full Check Trap
- Personal Property Tax Developments
- Personnel Policies May Violate Federal Labor Law
- Plan Benefits Permitted And Prohibited In §125 Plans
- Planning Asp Relationships
- Pop-Up Ads Do Not Infringe Trademarks
- Pop-Up Internet Ads & Sponsored Links Law Review
- Proposed Federal Anti-Spam Law
- Protecting Against Sexual Harassment Claims
- Protecting Business Process Ip
- Proving Privacy Compliance
- Raising Capital For Small Companies
- Red Flags Regulations
- Retaliation Claims Growing
- Safe Communication Guidelines
- Same Sex Marriage Affect On Benefit Plans & Policies
- Sampling Licenses
- Sec Disgorgement Actions
- Selling Overseas
- Selling Part Of Your Business
- Selling Your Business
- Shareholder Liability For Copyright Infringement
- Single Purpose Entities
- Small Business Job Protection Act Of 1996
- Software Licenses & Company Policy
- Software Licensing In A Tough Economy
- Source Code Escrow
- Sox Duty To Identify & Protect Trade Secrets
- Start-up Companies For Vc Investment
- State Minimum Wage Regulations
- Store Not Liable For Lost Time Claims
- Succession Planning Benefits & Risk Management
- Taking Outside Capital
- Tax-advantaged Education Planning
- Teach Act Copyright Law Amendments
- Technology Use Policies
- Telecommuting
- Temp Employee Benefits
- Temporary Employee Traps
- Ten Tips For Firing An Employee
- The Ada & Mental Disorders
- The Balanced Franchise Contract Movement
- The Business Side Of The New Bankruptcy Act
- The Cfaa In Civil Cases
- The Community Trademark For European Countries
- The Digital Signature Act
- The Fair Use Defense In Copyright
- The Gramm-leach Bliley Act
- The Hidden Franchise
- The Internet & Antitrust Laws
- The Law Of Promotions
- The Massachusetts Personnel Records Law
- The Nlra & Worker Participation Committees
- The Sarbanes-oxley Act
- Thoughts On Controlling Legal Expenses
- Thoughts On Records Retention In The Electronic Age
- Thoughts On Workplace Adr Design
- Trademark & Trade Secret Record Retention
- Trademark Fair Use
- Trade Secret Computer Software Protection
- Trade Secret Records Retention
- Udrp Actions
- Uncashed Health Benefit Checks
- Understanding Retaliation Claims
- User Generated Content Promotions
- Userra Rights Violated By Duty Related Non-Hire
- Valuing A Business Or An Interest In A Business
- Website Privacy Regulation
- Who Is A Consumer For Trademark Cases?
- Worker Comp/Fmla/Ada Integration Issues
- Workplace Surveillance
- Y2k Act Limits Litigation
- Year 2000 Information & Readiness Disclosure Act
-
Nicolai Law Letter
- Age Discrimination Law Expanded By Supreme Court
- Age-related Benefits Illegal
- Agreements In Employment Handbooks May Be Invalid
- Angel’s Tax Wings Clipped
- Appraisal Mistakes Expand Liability
- A Purchase Is A Purchase
- Arbitrator Can't Award Attorney Fees In Mass Contract
- Artists’ State Law Trumps Feds
- Ask For Help, Protect Job
- Attorney Conflict Of Interest After Sale Of Corporation
- Attorney Fees Not “Collection Costs”
- Attorneys Not Outside Consultants
- Back On The Job Now, Not Later
- Bad Advice Triggers Treble Damages
- Bad Employee Still Gets Back Pay
- Bad References Not Defamation
- Battered Wives May Sue Bars
- Bedridden? Pregnant? And Disabled, Says Ada
- Bipolar Outbursts Not Protected
- Blood-Stained Policy Tags Insurer
- Boss' Aside Not Privacy Violation
- Bottom Line: Employer's Plan Pays
- Broker Can Be Liable As Seller Under Consumer Fraud Law
- Buck Stops With Boss
- Burden Of Proof In Age Discrimination Cases
- Burden Of Proof Is Employer’s Under Fmla
- Business Tenants; Beware Repairs
- Buyer Still Pays Despite Death Of Seller
- Buy Option Denies Damages
- Calif. Won t Waive Juries Goodbye
- Can t Work? Sue Anyway
- Careful Contracts Justify Juries
- Careless Corporate Charges Okayed
- Change Jobs, Change Non-Competes
- Change Terms, Lose Rights
- Change Your Mind, Lose Your Case
- Check Before Firing
- Claim Supporters Protected
- Classification Of Chemical As Hazardous Left To Epa
- Clean-up Cancels Insurance
- Clicking “i Agree” Creates Contract
- Collect Only What You Paid
- Company Misdeeds Taken Personally
- Complaints To Boss Not Slander
- Complying With Warn
- Confidential For All Or None
- Conflict In Buyer's And Seller's Forms Cancel Each Other Out
- Connections Protect Against Damages
- Consumer Sale Arbitration Clause Unenforceable
- Consumer Settlement Nets Attorney Fees
- Contract Doesn’t Trail Employee
- Contract Talk’s Not Cheap
- Conversion Into S Corporation May Be Taxed As Liquidation
- Copyright Injunctions Likely
- Copyright Only Covers Identical Copies
- Corp. No Tax Dodge
- Corporate Parents: Don't Mess With Contracts
- Cost-splitting In Arbitration Unenforceable
- Costs Unhealthy For Co-Employers
- Court Applies Golden Rule
- Court Approves Irs Method To Determine Unreported Tips
- Court Defines "employer" For Title Vii
- Court Refuses To Order Store Breaching Lease To Remain Open
- Court Says Debt Any Obligation To Pay
- Courts Define New Sexual Harassment Rules
- Court Takes Firing Personally
- Damages For Disregarding Fmla
- Deception Gets Triple Damages
- Defeating Security Not Covered By Dmca
- Defendant Delay May Allow Litigation
- Delay Denies Dispute Arbitration
- Dental Offices Ruled Places Of Public Accommodation
- Dentist Liable Under Ada For Not Treating Patient With Hiv
- Dep Standards Lower On Mixed Property
- Destroyed Evidence Determines Decision
- Development Rejection Considered A Taking
- Diabetics Are Disabled For Ada
- Dialysis Protects Promotion
- Different Not Necessarily Disabled Under Ada
- Dirty Plates No Reason To Fire Bartender
- Disabled May Seek Ssdi Benefits & Sue For Ada Remedies
- Discrimination Awards Reduced By “collateral Sources”
- Discrimination Requires Disability
- Discrimination Yes, Damages No
- Docs Duty To Disclose Drugs Downside
- Domain Name Not Identity
- Domain Names Can Infringe Trademarks
- Don't Be Lax, Pay The Tax
- Don't Be Reference-Bound
- Don t Get Burned With Fire Sale Bid
- Don’t End Policies Without Telling
- Don’t Fire Employees Seeking Legal Help
- Don’t Lose Your Genes
- Don’t Promise The Moon And Deliver Mars
- Don’t Retaliate Against Former Employees
- Driving Him Crazy Merits Back Pay
- Electronic Version No Secret
- Emailed Stolen Goods Can't Cross State Lines
- Email Flood Sandbagged
- Employee Loses Claim, Wins $32k
- Employee Manuals May Be Employment Contracts
- Employee Privacy & E-mail
- Employees Can Bring Parallel Harassment Claims
- Employee Under Union Contract Can't Sue For Termination
- Employer Can Fire Worker Who Fails Polygraph
- Employer Can’t Enforce Non-compete Provision When Employment Agreement Breached
- Employer Can’t Sue Mass. Harasser
- Employer Not Liable For Obscene Call By Coworker
- Employer Pays For Cyber Porn Harm
- Employers Can’t Peek At Cori Records
- Employment Attorney’s Fees Now Tax-Free
- Employment Contracts Get Personal
- Enforce Health Code, Keep Job
- Erisa Shelters Fiduciaries
- Evicted But Not Excluded
- Eviction Without Lender’s Consent Could Violate Mortgage
- Exposed And Unprotected
- Extra Leave Gets Ada Ok
- Extras Ok For Realtor
- Failure To Notify Employee Of Fmla Immaterial
- Fair Housing Amendments Act Creates Landlord Duty
- False Credit Report Leads To Suit
- False Harassment Claim Gives Rise To Defamation Action
- False Job Promises Land Ibm In Court
- Fear Of Injury Is Discrimination
- Federal Tax Law Pierces State Pension Shield
- Feds Trump State On Arbitration
- Few Strings Allowed On Internet Employment Agreement
- File Deletion A Federal Case
- File Fast Or Lose Lien
- File Lien In 90 Days Or Lose
- Finances Make Fair Housing Fairer
- Fired Employee Must Prove Performance Of Job’s Essential Functions To Win Handicap Discrimination Case
- Fired Overtime Complainant May Get Punitive Damages
- Firing In Good Faith?
- Firing Potential Hostile Witness Ok
- Firing Style Can Be Discriminatory
- Fitness Tests Not Ada Trigger
- Fix The File Or Face Fines
- Forced Arbitration Of Employment Discrimination Disputes
- Forget Firing, Fiduciary Favored
- Former Owner Assessed Double Damages When Tanks Left Unrepaired
- Former Temp Agency Employees Can't Solicit Clients
- Forum Selection Clause Enforceable
- Forward Child Support Or Pay Up
- Franchisees Get Territorial Over Internet Sales
- Fraud In Buyout Of Minority Shareholders Before Going Public
- Functions Can’t Be Trademarked
- Fun Rides Protected, Not Work
- Get It In Writing To Be Paid
- Gotta Get A Lawyer
- Guests, Not Employees, Deserve Security
- Happy Meals For Fda
- Harassing Others Nets Award
- Hassling Complainer Just Makes It Worse
- Hidden Plan Termination Notice May Violate Erisa
- High Court Limits Ada
- High Court Protects Employers From Punitive Damages
- Holy Day Paid Leave Discriminatory
- Hurry Up And Arbitrate
- Ill Worker No Threat
- Improved Secret Use Still Stealing
- Interactive Website Creates Jurisdiction-Nicolai Law Letter
- Investigate Or Pay
- Involuntary Termination Of Prime Lease Terminates Sublease
- Irs Agrees To Decision Allowing Employment Tax Deduction
- Irs Requires Tax Treatment Consistency
- It Takes Two To Arbitrate
- Job Eavesdropping Ok
- Jury Trial? Employee Choice Now
- Keep Secrets Secret, Don’t Sue
- Late Filing Liable For Leaking
- Lawyer Liable For Senseless Suit
- Lease Stacks Deck For Card Store
- Lease’s Open Price Option Unenforceable
- Lessee Entitled To Interest On Security Deposit
- Lethal Truck Driver s Boss Is Guilty
- Liable For Looking The Other Way
- Lien For Labor; Not Lawyer
- Lies Lead To Liability
- Lies Won't Pay
- Limitations Clause Limits Liability
- Limited Remedies Nix Arb Clause
- Living In Condo Violates Trust
- Llc Liability Lingers
- Local Lawsuit For Online Crime
- Locked Data Is Secret
- Log On’s Legal, Stealing’s Not
- Long Talks Replace 3-Day Rule
- Loose Lips Sink Suits
- Lose Here, Then There & Everywhere
- Loss Or Destruction Of Personnel File
- Lying Under Contract Costs Plenty
- Mailbox Mixup Waives Privilege
- Manure Happens
- Mass. $ Data Ok To Share
- Mass. Law For Mass. Misconduct
- Mcad Emotional Distress Awards Increase Dramatically
- Mental Disability Cap Not Ada Violation
- Merger Nixes Noncompete
- Minority-Owned Biz Has Civil Rights
- Minority Shareholder Can Sue
- Mixed Motive Mcad Case Still Discrimination
- Must Have Right To Fight
- Name Is Stock In Trade
- Name Is Stock In Trade
- National Email, Local Liability
- New Condo Comes With Warranty
- New Product Liability Trend Emerges
- New Standard Affects Office Building Space Measurement
- Nix Juries In Trade Secret Contracts
- No 93a Liability Where Conduct Was Outside Massachusetts
- No Ada Relief For Carpal Tunnel Case
- No Co. Checkups Allowed
- No Contract? No Payment!
- No Damages For Competition Provisions For Docs
- No Damages For Damages
- No Deposit, No Goods, No Problem
- No Fmla Leave? No Suit
- No Fmla Notice Doesn’t Mean You Qualify
- No Free Sampling Allowed
- No Insurance? No Subcontract
- No Jury, No Money For Ada Case
- No Leeway On Lien
- No Loss, No Lawsuit
- No Mayoral Approval? No Remedy
- Nominee Trust Shield Not Bulletproof
- Non-compete Clause Didn’t Apply To Salesman
- Noncompete Income Not Taxable In Massachusetts
- Non-Compete No Policy Violation
- Non-Compete Protects Franchise Secrets
- No Notice, No Contract
- No Pain For Damage Claim
- No Reassignment For Disabled Employee
- No Reset On Discrimination Claims
- No Revenge Allowed
- No Shirking With Market Shift
- No Talking, Says Court
- Not Checking Nanny's Background Is Unfair Or Deceptive Practice
- Not Everyone Is A Title Vii Supervisor
- No Time Limits On Pa. Asbestos Liability
- No Tips Reported? Get Taxed Anyway
- Not Secret Once You Tell
- Not Sick Enough For Fmla
- Not-So-Secret Recipes Cook Non-Compete Claim
- Not Telling Insurer Breaks Law
- No Two-Fers On Dishonesty Policy
- Obese Employee Considered Disabled Wins Ada Suit
- Offensive Wall A D-i-y Job
- Oh, My Aching Tax Return
- Ok To Exclude Everyone
- Ok To Sue For Sexual Songs
- Old Wrongs Trail New Owner
- On-line Property Sale Legit
- Only 93a Work Nets Fees
- Only Younger Face Makes Case
- Opposing Attorney May Contact Employees
- Ordering Services Without Intending To Pay Is Unfair/deceptive Business Practice
- Osha Cannot Impose Multiple Fines
- Overtime Class Action Ok
- Overweight, Not Handicapped
- Paid Debt Is Done Deal
- Parent Not Liable For Subsidiary’s Environmental Violations
- Partners Can Be Company Arbitrators
- Passive Website Means No Jurisdiction
- Past History, Present Pain
- Payback Time For Liar
- Pay Employees Or Triple Damages
- Pay Epa To Watch
- Pay Me, Pay My Doctor
- Payment Claim Parties Entitled To Jury Trial
- Payoff Is Income To Irs
- Pay Once Now Or Triple Later
- Payroll Decides Number Of Employees For Employment Discrimination Claims
- Penalty For Violating Lease Exclusive Even Without Fault
- People Make Rules, Not Commissions
- Permit Issue Date Affects Zoning Status
- Pick ‘Em And Lose
- Plan Counts, Not Summary
- Plan Counts, Not Summary
- Poor Spelling Violates New Cyber Law
- Pre-merger Costs Just Another Expense
- President's Lover Can't Claim Harassment
- Pre-Testimony Termination Termed Retaliation
- Prior Polluting Presents Problem
- Prior Release Bars Claim For Environmental Costs
- Private Cops Cost Covered
- Process Matters For Disabled Jobs
- Promote, Demote And Cancel Claim
- Protecting Intellectual Property On The World Wide Web
- Public Policy Exception Narrowly Applied To At-will Employment Rule
- Public Policy Prevents Firing
- Punitive Damages Apply When Managers Not Ada-trained
- Punitive Damages Recoverable In Arbitration
- Put It In Writing, Not In Court
- Put It In Writing Or Pay
- Quitting Halts Ada Claim
- Race Discrimination Law Applies To All
- Racial Harassment Distressing
- Realty Firm Owner Liable For Brokers' Discrimination
- Reference Defense
- Relaxed Rules Open Up Land
- Remember Discrimination Or Lose
- Remote Pickup No Sales Tax Dodge
- Renovation Refinishing Tax-Free
- Rent Too Cheap? Can’t Breach Lease
- Repossession Means No Payments
- Rescission Damages Not Doubled Under Chapter 93a
- Restaurants Cry Over Spilt Water
- Retaliation Not Time-sensitive
- Ruling Limits Toxic Waste Liability
- Salesperson’s Design Outside Copyright
- Same-sex Harassment By Heterosexual Supervisor
- Same Sex Harassment Decision Limits Claims' Scope
- Same Sex Harassment Decision Limits Claims' Scope-Nicolai law letter
- Secret Bathroom Videotapes Land Employer In Court
- Secrets Aren’t In Open Files
- Sec Shortens Holding Period For Some Securities
- Sending Spam Not Trespassing
- Send In The Gray Goods
- Send Junk Faxes, Get Sued In State
- Sexual Assault Not In Job Description
- Sexual Harassment Costs Plenty
- Sexual Harassment Laws For Small Biz, Too
- Shield Pierced By Copyright Sword
- Short On Hours, Long On Leave
- Show Up Or Limit Later Defenses
- Sign Non-Compete Or Lose
- Silent Treatment Not Retaliation
- Silly Managers, Tips Are For Servers!
- Slurs Ok In Ct, Not Ma
- Small Bits Yield Big Byte
- Smallest Employers Escape Discrimination Laws
- Spring 2011
- Spring 2011 Law Letter
- State Suits For Junk Faxes
- Stealing Customers Doesn't Pay
- Stiff Penalties For Baseless Claim
- Stock Options Are Compensation
- Supervisor Personally Liable For Failing To Stop Harassment
- Supervisor Personally Liable Under Family Leave Act
- Surface Miles With Fmla
- Tag You re It
- Take-out Food Containers Exempt From Sales/use Tax
- Taking The Fifth Not Free
- Tardy Agency Won t Cancel Charge
- Tardy Employee Can File Ada Suit
- Tax Consequences Of Converting A Partnership To An Llc
- Teased, Not Disabled
- Tell All, Says Erisa
- Tell-all Partners Breach Fiduciary Duty
- Tell-All Rules Apply To Insurance Brokers
- Tenant Can Breach Lease If Landlord Knowingly Rents Unsuitable Commercial Space
- Tenant Pays Or You Do
- Tenant’s The Boss For Contract
- Terms Over Days Could Mean Partial Payments For Suppliers
- Testing Machinery Not Taxable
- Told Or Not, It's Still Fmla Leave
- Too Broad To Work
- Too Depressed To File On Time
- Too Fat To Work? Not Ada Issue
- Trademarks Trump City Zoning
- Triple Damages For Empty Suit
- Truth In Lending Fine Print
- Unfair Arbitration Contracts Attacked
- Unlisted Legal Claim Forfeits Future Asset
- Unmarried Tenants Just Fine
- Used Buyers Beware
- Verdict Reversed Without Jury Instruction
- Vertical Maximum Price Fixing No Longer Per Se Violation Of Antitrust Law
- Voluntary Cleanup Doesn’t Pay
- Volunteers Are People Too
- Waiver Shields Subcontractors
- Walls Crack When Roof Falls
- Want Money? Get Specific!
- Website Not Legal Location
- Wetlands Neighbors All Wet
- What “access” Really Means
- When Words Pay
- Where You Work Is Where You Leave
- Whistleblower Erisa-Protected
- Wife’s Excessive Salary Double Taxed
- Willfulness Requires Reckless Disregard
- With Sexual Harassment, It's Personal
- Women Owners, Male Investors Ok As Women-owned Businesses
- Workers Can't Sue Employer For Fica Taxes
- Workers Comp Woes In Bankruptcy
- Workplace Electronic Sexual Harassment A No-no
- Written Agreement Law Bars Broker Claim
- Written Report Of Debt In Dispute Not Required For Fair Debt Collection Practices Act
- Years Of Hours Don’t Count For Pension
- Zoning Change Denial Based On Personal Animosity Ruled Unconstitutional
- Zoning Rules Not Forever
- ‘Til Death Do We Partner
- “oops” Defense Can Work
-
Special Reports
- Final Safe Harbor Privacy Principles - Part 1
- Final Safe Harbor Privacy Principles - Part 2
- Final Safe Harbor Privacy Principles - Part 3
- Ftc Funeral Industry Trade Regulation Rule Synopsis
- International Copyright Protection Of Computer Software
- Internet Legal Issues
- Non Employee Trade Secret Agreements
- Rethinking Employment Law Strategies - Part 1
- Rethinking Employment Law Strategies - Part 2
- Sexual Harassment In The Workplace Guidelines
- Software Export Regulation
- What Is A Trademark?
- Writing For The Business Plan Audience
-
Checklists
Site Map
Nicolai Law Group, P.C.
1 Monarch Pl., Suite 1230
Springfield, MA 01144
Toll Free: 800-577-9201
Fax: 413-272-2010
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