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Monthly Memos

 


Nicolai Law Group, P.C.


Note: In January 1998, we incorporated Business Law Updates into the
Nicolai Law Letters


[Dec '97] includes:

  • Employer Not Liable For Obscene Call By Coworker
  • Take-Out Food Containers Exempt From Sales/Use Tax
  • Noncompete Income Not Taxable In Massachusetts
  • Penalty For Violating Lease Exclusive Even Without Fault
  • Internet Domain Name Registration Challenges

[Nov '97] includes:

  • Attorney Conflict Of Interest After Sale Of Corporation
  • Agreements In Employment Handbooks May Be Invalid
  • Lessee Entitled To Interest On Security Deposit
  • Customs Law Pointers

[Oct '97] includes:

  • Protecting Intellectual Property On The World Wide Web
  • Same-Sex Harassment By Heterosexual Supervisor
  • Rescission Damages Not Doubled Under Chapter 93A
  • England's New Arbitration Act

[Sep '97] includes:

  • Conversion Into S Corporation May Be Taxed As Liquidation
  • Dentist Liable Under ADA For Not Treating Patient With HIV
  • Employees Can Bring Parallel Harassment Claims
  • Workplace Alternative Dispute Resolution Programs

[Aug '97] includes:

  • Loss Or Destruction Of Personnel File
  • False Harassment Claim Gives Rise To Defamation Action
  • Domain Names Can Infringe Trademarks
  • ADEA Settlement Developments

[Jul '97] includes:

  • Workers Can't Sue Employer For FICA Taxes
  • SEC Shortens Holding Period For Some Securities
  • Burden Of Proof In Age Discrimination Cases
  • Managed Care Agreements

[Jun '97] includes:

  • Employee Manuals May Be Employment Contracts
  • Tax Consequences Of Converting A Partnership To An LLC
  • Classification Of Chemical As Hazardous Left To EPA
  • Court Defines "Employer" For Title VII

[May '97] includes:

  • Punitive Damages Recoverable In Arbitration
  • IRS Agrees To Decision Allowing Employment Tax Deduction
  • Dental Offices Ruled Places Of Public Accommodation
  • Psychological Illness & The Americans With Disabilities Act

[Apr '97] includes:

  • MCAD Emotional Distress Awards Increase Dramatically
  • Prior Release Bars Claim For Environmental Costs
  • Age Discrimination Law Expanded By Supreme Court
  • Keeping Your Corporate Protection Alive & Well

[Mar '97] includes:

  • Employee Privacy & E-Mail
  • New Standard Affects Office Building Space Measurement
  • No 93A Liability Where Conduct Was Outside Massachusetts
  • Internet Use Policy

[Feb '97] includes:

  • Assessment Illegal Without Determining Unreported Tip
  • Employer Only Assessment Of FICA On Tips Illegal
  • IRS Settlement Program For Worker Classification Disputes
  • EEC Trademarks

[Jan '97] includes:

  • Fair Housing Amendments Act Creates Landlord Duty
  • Discrimination Awards Reduced By "Collateral Sources"
  • Forced Arbitration Of Employment Discrimination Disputes
  • Website Agreements

[Dec '96] includes:

  • Uniform Commercial Code Governs Software Contract
  • Hazardous Waste Recovery Action - Corporate Successor
  • All Shareholders Must Sign Subchapter S Election
  • Bulk EMAIL On The Internet

[Nov '96] includes:

  • Professional Exemption Under FLSA Narrowly Construed
  • Defective Power Of Attorney In Estate Plan
  • Age Discrimination Law Now Applies To Apprenticeships
  • New Sexual Harassment Poster & Policy

[Oct '96] includes:

  • Partnership Tenant Conversion to Limited Liability Company
  • Requirements for Charitable Donations Over $250
  • Punitive Damages Awarded for Failure to Delead Premises
  • New Tax & Minimum Wage Law Described

[Sep '96] includes:

  • Some Subchapter S Distributions are not "Dividends"
  • Commercial Driver Hearing Requirement Upheld
  • Exporters and Shippers may Receive Refund
  • New Massachusetts Sexual Harassment Law

[Aug '96] includes:

  • Employer Questions as Invasion of Privacy
  • Director Liable for Corporation's Employment Taxes
  • Drunken Employee Sues under ADA
  • No Charitable Immunity Cap for Discrimination

[Jul '96] includes:

  • Intoxicated Employees not Protected by ADA
  • Attachment of Tax Lien before Notice and Hearing Allowed
  • Age Discrimination Waiver not Effective

[Jun '96] includes:

  • Firing of Shareholder/Employee without Cause
  • Jury Trials Available for Disability Discrimination Claims
  • Waiving the NOL Carryback under IRS Rules

[May '96] includes:

  • Breaching Implied Warranty Violates Chapter 93A
  • Prior Tenent not Liable for Contamination
  • MCAD should Give Weight to Arbitrator's Findings
  • Overtime Exemptions Tightening

[Apr '96] includes:

  • New Property Transfer Lead Paint Notification Form
  • Employer Wins Discrimination Case by Increasing Pension
  • "Web-Wrap" Agreements may not Protect Rights
  • §125 Plan Benefits

[Mar '96] includes:

  • Limitations of Remedies Contract Provision Ineffective
  • No Known Policy Violation of Deny Unemployment Benefits
  • Unpaid Loans to Shareholder
  • Set Favorable Guidelines to Increase Renewal Rents

[Feb '96] includes:

  • Internal Whistle-Blowing Exception to At-Will Employment
  • Environmental Liabilities Transferred in an Exchange
  • President Liable for Penalty Despite Bank's Control

[Jan '96] includes:

  • IRS Ruling Makes Cafeteria Plans Attractive
  • Interest & Attorney Fees in Discrimination Cases
  • Asbestos Revival Statute Applies to Installers
  • IRS Rules on Effect of FMLA on COBRA
  • Employee Complaints & Software Exports