Business Law & Litigation
Serious Business™
Tel 800.552.1953 Fax 800.529.2483 Contact Us
Areas of Practice
Nicolai Law Group covers the broad spectrum of legal needs that business owners face each day. Read more to learn about how we can help you.
U.S. News Best Lawyers
Search Site
Insurance Coverage For Sexual Harassment In The Workplace - May 15, 2008Most forms of insurance wont cover sexual harassment claims. Employment Practices Liability Insurance (EPLI) will. To get the best protection, you need to know how these policies work. Most EPLI policies are written on a claimsmade and reported …
|
Adr Primer - April 15, 2008Alternative Dispute Resolution (ADR) is a potentially quick and costeffective way to resolve disputes that would be prolonged and costly if litigated in court. The key is early assessment and understanding ADR possibilities.Effective use of ADR …
|
Celebrity Project Agreements - March 15, 2008A celebrity might agree to perform some of the following tasks under a contract providing for the celebrity to endorse a highend hotel and condominium project. The celebritys responsibilities will vary with all the circumstances, including the …
|
Should Your Business Be An S Corp? - February 15, 2008Entity choice is never easy or obvious. For the established small business, the S corporation form may be the best. Deciding whether it is right for your business means looking for certain characteristics in the business. The business must be …
|
The Role Of Audit Committees - November 15, 2007Audit committees have an even more important role to play in corporate governance since the passage of the SarbanesOxley Act. Each audit committee should have a written charter that addresses the committees essential functions, purposes, and …
|
Eu Perspective On Offshoring & Data Protection - October 15, 2007When considering outsourcing services relating to EU operations to a nonEU country, the customer must also consider several factors that involve data protection. Those factors include: Will the performance of the outsourced services require the …
|
Last Chance Agreements And The Duty Of Fair Representation - September 15, 2007What does it take for an arbitrator to uphold a Last Chance Agreement? At a minimum: The employee must have competent union counsel while negotiating the Last Chance Agreement The employer must tender sufficient consideration There must be an …
|
Sarbanes-Oxley For Nonprofits - August 15, 2007Public interest in nonprofit activities is on the rise. Calls for greater disclosure and accountability are getting louder. Although the SarbanesOxley Act applies to forprofit businesses, it provides a good governance model for nonprofit entities. …
|
Flsa Traps - July 15, 2007A surprising number of employers are startled to learn they do not comply with the Fair Labor Standards Act. As a result, the FLSA is at the heart of a growing body of employment litigation. Here are the 10 most common FLSA traps. Compensatory …
|
Participating In An Sso - June 15, 2007Participation in a standard setting organization (SSO) is often a very good choice for a technology company that wants to be a market leader. It is not a decision to be taken lightly. Many commitments go along with membership, and for the company …
|
Employment Law Tips - May 15, 2007If you have employees, employment law issues will always matter. Regardless how well established or new the business is, being aware of these issues is the best way to avoid the liabilities associated with them. Understand the employment laws. …
|
401 (K) Plan Blackout Periods - April 15, 2007Blackout periods are a fact of life for plan administrators. New regulations impose some very stiff penalties for failing to recognize them and give adequate notice to plan participants. A blackout is any period of more than three days when a …
|
Investigating Harassment Complaints - March 15, 2007While promptness and thoroughness are critical, the law does not require any particular method for investigating a harassment claim. The same process is not best for each situation. Investigating harassment complaints is serious business. You are …
|
Hiring Employees From Competitors - February 15, 2007Hiring employees away from a competitor can be an invitation to litigation. This is a listing of the items that should be considered with the help of an experienced counsel. Some of these items may not apply where the person is not now working for …
|
Exiting Employee - January 15, 2007This is a checklist for employees leaving an employer. We are sending it to employers to remind them of the issues implicated with exiting employees. Gently covering applicable items with leaving employees minimizes potential litigation. Do not …
|
Reasonable Accommodation Of Religion In The Workplace - December 15, 2006The courts have preferred that there be an interactive discussion between the religious employee and the employer. Here is a checklist to help you satisfy that obligation. Ask the employee to specify in writing what their religion requires they do …
|
Drafting Enforceable Confidentiality, Non-Compete, And Non-Solicitation Agreements - October 15, 2006There are a lot of misconceptions about how noncompete and nonsolicitation agreements work. This checklist is to help you avoid the common mistakes. Begin by making sure that your key customers and their information have trade secret, proprietary, …
|
Lease Assignments In Retail Business Acquisitions - September 15, 2006When a multioutlet retail business goes on the block, the store locations are one of its most valuable assets. Depending on the type of deal, the buyer may need the consent of the landlords to use them. This is not always the easiest thing to get. …
|
“Efforts” Contract Clauses - August 15, 2006Efforts provisions are found in many contracts. There are many variations on them and quite a bit of confusion about what the variations mean. Variations include:o Best effortso Commercially reasonable effortso Reasonable best effortso Reasonable …
|
Employment Agreement Basics - July 15, 2006While its true that the presumption of atwill employment isnt dead, many employers find it in their best interest to have documented employment agreements with employees. This checklist helps understand the context and elements of these agreements …
|
