Paul Peter Nicolai

Friendly Ice Cream Corporation, Wilbraham, MA.
Company Counsel & Assistant Clerk, 1982 - 1988
Reporting to the CEO of a $600 million subsidiary of Hershey Foods Corporation, supervised attorneys and support staff in a wide-ranging business and civil litigation practice, including mergers and acquisitions, corporate divestitures, FDA compliance, trademarks, copyright, antitrust compliance, contracting, construction, labor, employment law and civil litigation ranging from personal injury cases to antitrust litigation. Responsible for approximately $600,000 budget, coordinated work of approximately 30 outside law firms. Member of the Subsidiary's Strategic Planning Group, responsible for long-term planning and direction.

Staff Counsel & Assistant Clerk, 1981- 1982
Staff Counsel, 1979 - 1981
Legal Assistant, 1976 - 1979

Reported Decisions:
Attorney Nicolai has participated in a number of reported decisions including Blake Brothers Corporation v. Daniel F. Roche, et. al., 12 Mass App Ct 556, 427 NE2d 501 (1981); Friendly Ice Cream Corporation v. Commissioner of Revenue, 397 Mass 1006, 493 NE2d 491 (1986); Tax Equity Alliance For Massachusetts, Inc., et. al. v. Commissioner of Revenue, et. al., 401 Mass 310, 516 NE2d 152 (1987); Anderson v. Astro Plating Works, 1991 Mass. App. Div. 119; Citizens For A Competitive Massachusetts, et. al.,v. Secretary of the Commonwealth, 413 Mass 25, 594 NE2d 855 (1992); David B. Miller v. Labor Relations Commission, 33 Mass App Ct 404 (1992); Opinion of the Justices, 422 Mass 1212 (1996); Lorraine Humpel v. Abdow Corporation, 18 MDLR 240 (1996); Susan King v. Abdow Corporation, 18 MDLR 244 (1996); Blockel v. J.C. Penney Co., Inc., 337 F3d 17, 14 A.D. cases 1107, 26 NDLR 164, 1st Cir (MA) (2003).

EDUCATION:

MASSACHUSETTS CONTINUING LEGAL EDUCATION:

Massachusetts Commission Against Discrimination Certified Disability Discrimination Prevention Trainer Training Program, 2000.

Massachusetts Commission Against Discrimination Certified Sexual & Other Harassment Prevention Trainer Training Program, 2000.

Massachusetts Commission Against Discrimination Certified Discrimination Prevention Trainer Training Program, 2000.

CENTER FOR CREATIVE LEADERSHIP, Leadership Development Program, 1988. One-week program focusing on management and leadership styles as well as an analysis of each participant's leadership style.

HERSHEY FOODS CORPORATION, Management Program, 1986. Two-week program focusing on multi-discipline general management skills and strategic planning skills.

HARVARD UNIVERSITY SCHOOL OF LAW, Program of Instruction for Lawyers, 1984, Certificate Program in Antitrust, Advanced Corporation Law and Securities Regulation.

WESTERN NEW ENGLAND COLLEGE SCHOOL OF LAW, Juris Doctor, 1979, concentrating in Business Law topics. Graduated in top 20% of class. Am. Jur. Award in Evidence. BNA award for academic excellence.

AMERICAN INTERNATIONAL COLLEGE, Bachelor of Arts, 1975, major in Political Science with a minor in Economics. Dean's List, 1974.

LICENSED TO PRACTICE:

Commonwealth of Massachusetts, State of New York, District of Columbia, State of Connecticut, Supreme Court of the United States of America, United States Court of Appeals, 1st Circuit, United States Court of Appeals For The Federal Circuit, United States Tax Court, United States District Court, District of Massachusetts; National Large, Complex Case Panel, American Arbitration Association; Northeast Commercial Arbitration Panel, American Arbitration Association; Northeast Expedited Commercial Arbitration Panel, American Arbitration Association; Northeast Employment Arbitration Panel, American Arbitration Association; Northeast Commercial Mediation Panel, American Arbitration Association; Northeast Employment Mediation Panel, American Arbitration Association; eCommerce Panel, American Arbitration Association; Massachusetts Bar Association Fee Arbitration Panel; Mediator-In-Residence, Mosten Mediation Centers; Panel of Arbitrators, American Dispute Resolution Center.

PROFESSIONAL AFFILIATIONS:

AMERICAN BAR ASSOCIATION, member of Business Law Section (Cyberlaw Committee, Small and Unincorporated Business Committee, Venture Capital and Private Equity Committee, Corporate Compliance Committee), Labor Law Section, Intellectual Property Section and Alternative Dispute Resolution Section (International Committee, Arbitration Committee & Intellectual Property Committee).

MASSACHUSETTS BAR ASSOCIATION, member of Business Law Section, Civil Litigation Section and Labor Law Section. Also member of Corporate Counsel Committee, International Business Law Committee and Sub-committee on High Technology.

DISTRICT OF COLUMBIA BAR ASSOCIATION.

HAMPDEN COUNTY BAR ASSOCIATION.

THE FEDERAL CIRCUIT BAR ASSOCIATION.

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK.

AMERICAN ARBITRATION ASSOCIATION.

ARBITRAL & MEDIATION ACTIVITIES:

Arbitrator:
Reviewer, Appeals Committee, Remediation Plan For Prudential Policyholders. Served as arbitrator/mediator for approximately 550 cases as part of this settlement of a class action litigation.
Panel Member or Chair in many attorney fee dispute arbitrations as a member of the Massachusetts Bar Association Fee Arbitration Panel.
Served as arbitrator in actions under the Massachusetts Home Improvement Contractor Act; breach of commercial lease at South Station, Boston; breach of bailment contract; breach of advertising program contract; breach of franchise agreement and unfair and deceptive trade practices; breach of contract in international semiconductor joint venture arrangement;
breach of contract and other causes of action in a medical billing arrangement; breach of purchase and sale agreement for the purchase of a book binding business; breach of purchase and sale escrow agreement for the purchase of a software creation and maintenance business; declaration of rights under a franchise and intellectual property licensing agreement; multiple cases on breach of restaurant franchise agreements of national chains; breach of insurance services agreement; breach of government affairs consulting agreement; breach of sales, supply, licensing and transfer agreement in supermarket industry; breaches of construction agreements; breach of franchising agreement in marketing industry; breach of product marketing agreement; breach of crop insurance coverage agreement.

Mediator:
Reviewer, Appeals Committee, Remediation Plan For Prudential Policyholders. Served as arbitrator/mediator for approximately 550 cases as part of this settlement of a class action litigation.
Serves as mediator for several contested claims referred from the US Bankruptcy Court, Hartford, Connecticut involving defective parking lot drainage systems and their installation in several states; breach of contract of employment and sale of business; breach of telephone service switching contract; breach of custom software development agreement; breach of application service provider, custom application development and database development agreement; breach of film production acting agreement; breach of telephone billing services agreement.

COMMUNITY ACTIVITIES:

ECONOMIC DEVELOPMENT COUNCIL of WESTERN MASSACHUSETTS, Member, Board of Directors, 2004-present.

CITY OF SPRINGFIELD SCHOOL DEPARTMENT, Member, Technology Advisory Committee, 2003-present.

CITY OF SPRINGFIELD SCHOOL DEPARTMENT, Member, Human Resources Executive Director Screening & Selection Committee, 2003.

MASSACHUSETTS BAR ASSOCIATION, Chair, Fee Arbitration Board, 2003 - present.

MASSACHUSETTS BAR ASSOCIATION, member, Fee Arbitration Board, 2000 - 2003.

MASSACHUSETTS BAR ASSOCIATION, member, Law Practice Management Section Council, 2002 - present.

AFFILIATED CHAMBERS OF COMMERCE OF GREATER SPRINGFIELD, Ecommerce Committee, 2001.

AMERICAN INTERNATIONAL COLLEGE, Corporator - 2000 - Present.

AIC VENTURE FORUM, Member - Planning Committee, 2000 - 2002; Member – Program Committee, 2000 - 2002; Member, Marketing Committee, 2000 - 2002; Chair, Business Plans Review Subcommittee, 2000 - 2002.

WPI VENTURE FORUM, Member, 2000 - 2002.

SPRINGFIELD ENTERPRISE CENTER, Member, Advisory Board, 1999-2002; Member, Business Plan Review Committee; Member, Advisory Committee to Techistry, Inc. & SGM, Inc.; Member, Advisory Board Best Practices & Development Committee Policies Development Committee - 2001 - 2002.

VOLUNTEER LAWYERS FOR THE ARTS, Member, 1998 - Present.

MASSACHUSETTS BAR ASSOCIATION - Fee Arbitration Board Panel of Arbitrators, 1996 - present.

SUPREME JUDICIAL COURT OF THE COMMONWEALTH OF MASSACHUSETTS,
Member, Hampden County Reinventing Justice Task Force; Member, Steering Committee; Co-Chair, Case Management & ADR Committee, 1995.
LAWYERS CLEARINGHOUSE ON AFFORDABLE HOUSING AND HOMELESSNESS,
Member, 1988 - present.

AMERICAN INTERNATIONAL COLLEGE ALUMNI ASSOCIATION, National Board
of Directors, 1988 - 1991; Chairman, Development Committee, 1989 - 1991; National Vice-President, 1989 - 1990; National President, 1990 - 1991, Reunion Planning Committee, 2000.

CITIZENS FOR LIMITED TAXATION & GOVERNMENT, Member, 1978 - 1997;
Member, Board of Directors, 1981 - 1997; Chairman, 1984 - 1997.

CITIZENS ECONOMIC RESEARCH FOUNDATION, INC., Board of Directors, 1989
- 1997.

NATIONAL CONFERENCE OF CHRISTIANS & JEWS, Member, Western Massachusetts Executive Committee, 1981 - 1999; Member, Membership Committee, 1994 - 1999; Member, Regional Development Task Force, 1997; Member, Development Committee, 1998 - 1999; Member, National Board of Trustees, 1991 - 1999.

SPRINGFIELD LIBRARY & MUSEUMS ASSOCIATION, Corporator 1980 - 2003.

SPRINGFIELD DAY NURSERY, INC., Corporator - 1998 - Present.

PIONEER VALLEY MONTESSORI SOCIETY, INC., Board Member, 1983 - 1993;
Clerk, 1988 - 1989; Vice-President, 1989 - 1992; President, 1992 - 1993.

SOCIETY OF EVERETT BARNEY, INC., Director, 1995 - 2002; Treasurer, 1995 - 1999; Chair, Membership Committee, 2000 - 2002.

S. E. BARNEY, INC., Director, 1998 - 2002; President & Treasurer, 1998-1999.

REGIONAL TECHNOLOGY CORPORATION; Member – TEC Steering Committee 2004 - present.

TECHNOLOGY ENTERPRISE COUNCIL; Member - Board of Directors - 2001 - 2003; Vice-Chairman, Technology Transfer - 2001 - 2002; Chairman, Technology Transfer - 2002 - 2003.

WESTERN MASSACHUSETTS SOFTWARE ASSOCIATION/WESTERN MASSACHUSETTS TECHNOLOGY BUSINESS COUNCIL; Member - Program Committee, 1997 - 2001; Member - Board of Directors - 1998 - 2001; Treasurer - 1999 - 2001.

WESTERN MASSACHUSETTS VENTURE FORUMS, INC.; Member - Board of Directors - 2002 - 2003; President & Clerk - 2002 - 2003.

PUBLICATIONS & PRESENTATIONS

Author:
”Practice Tip – Getting Paid,” Massachusetts Bar Association Lawyer’s Journal, February 2004.

Contributing Author & Editor, FEES & CLIENT FUNDS, Third Edition, Massachusetts Bar Association, 2003; Author, Chapter 4, Future Fees: A Look at Things That Might Come, Editor, Chapter 1, Getting Paid, Editor, Appendices A - D.

“Don’t Be an Accidental Software Pirate,” BUSINESSWEST, November, 2003.

“Don’t Be an Accidental Software Pirate,” HARTFORD BUSINESS JOURNAL, October 27, 2003.

“Telecommuting and the Law – Most Traditional Employment Laws Apply to the Virtual Office,” BUSINESSWEST, August 2003.

“Don’t Look a Gift Horse in the Mouth,” BUSINESSWEST, April 2003.

“Treat Your Corporation Properly,” BUSINESSWEST, September 2002

“Planning ASP Relationships,” BUSINESSWEST, June 2002.

“Privacy Issues Take Center Stage,” BUSINESSWEST, May 2002.

‘Why Employment Arbitration Isn’t Dead,” BUSINESSWEST, April, 2002.

“Rethinking Employment Law Strategies,” PART II, Dispute Resolution Journal, November-February, 2002.

“Why Arbirtration Policies Make Sense for Employers,” Part 2, WPI Venture Forum News, October, 2001

“Controlling Legal Fees,” BUSINESSWEST, October, 2001.

“Why Arbitration Policies Make Sense for Employers,” Part I, WPI Venture Forum News, September, 2001

“The Benefits of an Employment ADR Policy,” BUSINESSWEST, September, 2001.

“Administering Class-Action Litigation,” The Western Massachusetts LAW TRIBUNE, July, 2001.

“Contract Warranties Offer Lawsuit Protection,” BUSINESSWEST, May, 2001

“Stay Out of Court and Save,” BUSINESSWEST, April, 2001

“Don’t Let Deadbeats Kill Your Bottom Line,” BUSINESSWEST, March, 2001

“Give Notice When Your Employees Do,” WPI VENTURE FORUM NEWS, February, 2001

“Business Plans that Get Results,” BUSINESSWEST, February, 2001

“The Payment-in-Full Check Trap,” BUSINESSWEST, January, 2001

“A Tale of a Mass Claims Panelist,” CORPORATE COUNSEL Magazine, June, 2000

“Understanding Mass Claims Panels,” AAA Dispute Resolution Journal, May/July, 2000

“Don’t Sit Still for Cybersquatters,” BUSINESSWEST, May, 2000

“Your Choice: Sufffer the Children, or the Legal Consequences,” MASS HIGH TECH JOURNAL, April, 2000.

“Give Notice When Your Employees Do,” BUSINESSWEST, February, 2000.

"Protect Your Idea with a Copyright," BusinessWest, May, 1999.

"Benefits for All," BusinessWest, March 1992.

Legal Help Column, "Close Corporations," Health & Fitness Magazine, United Service Association For Health Care, October/November 1991.

"Taking a Closer Look at Close Corporations," BusinessWest, April 1991.

Weekly Article on Business Law issues published in the Western Massachusetts Commercial News, 1990.

Editor:
Corporate Survival Guide, published 1998.
Starting Your Business -- Legal Considerations, published 1995.
Business Law Anthology, published 1994.
Mass. Ad Law Sourcebook, with Douglas A. Fleming, published 1990.
Nicolai Law Letter, published quarterly by Nicolai Law Group, P.C., 1998-present.
Business Law Update, published monthly by Nicolai Law Group, P.C., 1996-1997.
Insurance Law Update, published quarterly by Nicolai Law Group, P.C. - 1988 - 1994.

Presenter:
THE VIRTUAL BUSINESS, Banknorth, NA, Springfield, MA, May, 2004.

A GOOD CONTRACT IS A REAL BARGAIN, Banknorth, NA, Springfield, MA, March, 2004.

Guest Lecturer, Agricultural Business Training Program, AGRICULTURAL BUSINESS ISSUES AND STRUCTURES, University of Massachusetts Donahue Institute, Northampton, MA, January, 2004.

BUSINESS PLANS THAT WORK, Banknorth, NA, Springfield, MA, November, 2003.

THE ELECTRONIC WORKPLACE, Banknorth, NA, Springfield, MA, October, 2003.

STARTUP BUSINESS LEGAL ISSUES, Banknorth, NA, Springfield, MA, September, 2003.

MANAGING RISK, Banknorth, NA, Springfield, MA, July, 2003.

EMPLOYMENT LAW COMPLIANCE, Banknorth, NA, Springfield, MA, June, 2003.

MANAGING IN TIGHT TIMES, Banknorth, NA, Springfield, MA, May, 2003.

FMLA LITIGATION UPDATE 2003, Council on Education for Management, Springfield, MA, April, 2003.

STRATEGIC ALLIANCES, Sponsored by Technology Enterprise Council, Springfield, MA, April 2003

SMALL BUSINESS LAW ISSUES, Solutions, Inc., Holyoke, MA, February, 2003.

INTELLECTUAL PROPERTY LAW FOR BUSINESS OWNERS, GTFT, Inc., Springfield, MA, January, 2003.

UNDERSTANDING & ARBITRATING BUSINESS RISK, SCORE CHAPTER 228, Springfield, MA, June, 2002.

A GOOD CONTRACT IS A REAL BARGAIN, American Arbitration Association & Nicolai Law Group, P.C., Springfield, MA, June, 2002.

ADVOCACY IN MEDIATION, American Arbitration Association, Boston, MA, May, 2002.

LEGAL PLANNING FOR TIGHT TIMES, Springfield Enterprise Center Business Builder Program, Springfield, MA, May, 2002.

DOWNSIZING, Leominster Chamber of Commerce, Leominster, MA, October, 2001.

LEGAL PLANNING FOR TIGHT TIMES, Chicopee Chamber of Commerce, West Springfield, MA, October, 2001.

HIRING, FIRING & DISCIPLINING EMPLOYEES IN THE NEW MILLENIUM, Council on Education for Management, Springfield, MA, October, 2001.

ADVOCACY IN MEDIATION, American Arbitration Association, Boston, MA, September, 2001.

CONTRACTING FOR PROFIT, Springfield Enterprise Center, Springfield, MA, June, 2001.

INTELLECTUAL PROPERTY PRIMER FOR ENTREPRENEURS, Springfield Enterprise Center, March, 2001

INTELLECTUAL PROPERTY PRIMER FOR ENTREPRENEURS, Springfield Enterprise Center, December, 2000

INTELLECTUAL PROPERTY PRIMER FOR ENTREPRENEURS, Agawam Rotary Club, December, 2000.

CONTRACTING FOR PROFIT, Springfield Enterprise Center, Springfield, MA, September, 2000.

MCAD RULE CHANGES, Midas New England Franchisee Association, Sturbridge, MA, June, 2000.

WORKPLACE PRIVACY IN AN ELECTRONIC WORLD, Independent Human Resources Consultants Association, Westborough, MA, June, 2000

SMALL BUSINESS STARTUP LEGAL ISSUES, Greater Holyoke Community Development Corporation, NxLevel Business Course, Holyoke, MA, May, 2000.

INTELLECTUAL PROPERTY PRIMER FOR ENTREPRENEURS, Springfield Enterprise Center, Springfield, MA, March, 2000.

EFFECTIVE EMPLOYMENT CONFLICT MANAGEMENT, American Arbitration Association, Hartford, CT, February, 2000.

HOW TO AVOID COSTLY LAWSUITS BY KEEPING UP WITH CHANGING PERSONNEL LAWS, Rotary Club of Springfield, MA, January, 2000

SEXUAL HARASSMENT INVESTIGATIONS, Personnel Management Association of Western Massachusetts, West Springfield, MA, January, 2000.

WORKPLACE PRIVACY IN AN ELECTRONIC WORLD, Nicolai Law Group, P.C., Springfield, MA, January, 2000.

CONTRACTING FOR PROFIT, American International College, CPE Forum, Springfield, MA, November, 1999.

CONTRACTING FOR PROFIT, Women Presidents Association, Boston, MA, November, 1999.

MASSACHUSETTS EMPLOYMENT LAW UPDATE, Independent Human Resources Consultants Association, Westborough, MA, October, 1999.

MASSACHUSETTS EMPLOYMENT LAW UPDATE, North Central Massachusetts Chamber of Commerce, Leominster, MA, October, 1999.

SEXUAL HARASSMENT INVESTIGATIONS, Nicolai Law Group, P.C., Springfield, MA, September, 1999.

CONTRACTING FOR PROFIT, Nicolai Law Group, P.C., Springfield, MA, May, 1999.

COPYRIGHT & INTELLECTUAL PROPERTY OWNERSHIP & TRANSFER ISSUES; CONTRACTING AS A PREVENTIVE LAW DEVICE; MASSACHUSETTS EMPLOYMENT LAW UPDATE, American International College CPA CPE Forum, Springfield, MA, April, 1999.

MCAD RULE CHANGES, Nicolai Law Group, P.C., Springfield, MA, April, 1999.

COPYRIGHT & INTELLECTUAL PROPERTY OWNERSHIP & TRANSFER ISSUES, The Society of Professional Communicators & The Worcester Ad Club, Worcester, MA, February, 1999.

CONTRACTING AS A PREVENTIVE LAW DEVICE, The Society of Certified Managerial Accountants, Holyoke, MA, December, 1998.

MASSACHUSETTS EMPLOYMENT LAW UPDATE, Burkhart, Pizzanelli, P.C., Springfield, MA, December, 1998.

MASSACHUSETTS EMPLOYMENT LAW UPDATE, Nicolai Law Group, P.C., Springfield, MA, October, 1998.

PREVENTIVE LAW & CONTRACTING, Institute of Managerial Accounting, Holyoke, MA, September, 1998.

SEXUAL HARASSMENT: LATEST TRENDS TO AVOID LITIGATION & INSURANCE COVERAGE FOR CLAIMS, Independent Insurance Agent Society of Hampden County, Springfield, MA, November, 1997.

Conference Founder:
BUSINESS OPPORTUNITIES IN THE LIFE SCIENCES – From Lab to Shop Floor, REGIONAL TECHNOLOGY ALLIANCE, Springfield, MA, June, 2003.

Seminar Planning Committee:
WHAT OFFICERS & DIRECTORS NEED TO DO TODAY POST ENRON & WORLDCOM, Sponsored by HUB International, Foxboro, MA, July 2002.

Seminar Panel Member:
Panel Moderator, BUILDING TECHNOLOGY-BASED BUSINESSES IN OUR REGION: LESSONS LEARNED, Sponsored by Technology Enterprise Council, Holyoke, MA, July 2002

SPECIALIZED ADR PROGRAMS, MACMPP Conference, Brandeis University, Waltham, MA, November, 1999.

CORPORATE PARTNERING MODELS & ALTERNATIVES, Western Massachusetts Software Association, Northampton, MA, October, 1999.

ISSUES FACING THE SOFTWARE INDUSTRY, Western Massachusetts Software Association Annual Meeting, Holyoke, MA, June, 1998.

EMPLOYMENT: GETTING & KEEPING THE PEOPLE YOU NEED, Western Massachusetts Software Association, Northampton, MA, October 1997.
Seminar Leader:
Seminar Leader, INDIVIDUAL RIGHTS & BUSINESS ETHICS, American International College MBA Program, October 2002.

SEXUAL HARASSMENT: LATEST TRENDS TO AVOID LITIGATION & DEFEND CLAIMS, Nicolai Law Group, P.C., Springfield, MA April 1997.
Seminar Leader, 1989-1995, on the following topics:
Complying with Laws Affecting Employee Leaves
The Massachusetts Unemployment Compensation Law
Employee Relations
Recent Developments in Massachusetts Tax Law
Massachusetts Advertising Law
Employer Liability in the 1990s
Legal Audit
Employment Law Update

HONORS:

Recipient, 1994 NATIONAL ALUMNI AWARD, American International College Alumni Association.

Email: paul.nicolai@niclawgrp.com

Listed in:

WHO’S WHO IN THE WORLD.
WHO'S WHO IN AMERICA.
WHO'S WHO IN THE EAST.
WHO'S WHO IN AMERICAN LAW.
WHO’S WHO IN FINANCE AND INDUSTRY.
WHO'S WHO OF EMERGING LEADERS OF AMERICA, 4th Edition.
WHO'S WHO AMONG AMERICAN COLLEGE & UNIVERSITY STUDENTS, 1974 - 1975