http://www.niclawgrp.com/ We represent clients across a diversified set of industries throughout providing competent, practical legal counsel and ensuring effective risk management. en-us <p>A limited liability company (LLC) is not a corporation for the purposes of the Massachusetts Wage Act, concluded a Superior Court judge in a precedent-setting employment law decision. Attorney Marwan S. Zubi of Nicolai Law Group, P.C. successfully represented the defendants.</p> http://www.niclawgrp.com/feature/5431/attorney-zubi-achieves-precedent-and-setting-wage-decision.htm pA limited liability company LLC is not a corporation for the purposes of the Massachusetts Wage Act concluded a Superior Court judge in a precedent-setting employment law decision Attorney Marwan S Zubi of Nicolai Law Group PC successfully represented the defendantsp 2011-08-09T00:00:00 <p>Attorney Paul Nicolai has been named to a leadership position on the American Bar Association&rsquo;s State Regulation of Securities Committee. In his new position, he represents the State Regulation of Securities Committee on the ABA&rsquo;s Business Law Section Content Committee.</p> http://www.niclawgrp.com/feature/5416/nicolai-named-director-of-aba-securities-law-committee.htm pAttorney Paul Nicolai has been named to a leadership position on the American Bar Associationrsquos State Regulation of Securities Committee In his new position he represents the State Regulation of Securities Committee on the ABArsquos Business Law Section Content Committeep T <p>A contract required a homeowner to pay half the cost of furniture before it was ordered. The Court ruled the contractor was justified in abandoning the project when the homeowner failed to meet the payment terms.</p> http://www.niclawgrp.com/feature/5406/no-deposit-no-goods-no-problem.htm pA contract required a homeowner to pay half the cost of furniture before it was ordered The Court ruled the contractor was justified in abandoning the project when the homeowner failed to meet the payment termsp 2008-09-01T00:00:00 <p>A patient struck and killed someone when his medication impaired his ability to drive. The prescribing doctor was held liable to a third party by the Massachusetts Supreme Court for failure to warn his patient of possible side effects. Physicians owe a...</p> http://www.niclawgrp.com/feature/5407/docs-duty-to-disclose-drugs-downside.htm pA patient struck and killed someone when his medication impaired his ability to drive The prescribing doctor was held liable to a third party by the Massachusetts Supreme Court for failure to warn his patient of possible side effects Physicians owe ap 2008-09-01T00:00:00 <p>A bank s purchase of a firedamaged home at a foreclosure sale reduced the home s mortgage balance by the same amount. A court later ruled that whatever fire insurance proceeds remained after paying the homeowner s remaining mortgage debt had...</p> http://www.niclawgrp.com/feature/5404/don-t-get-burned-with-fire-sale-bid.htm pA bank s purchase of a firedamaged home at a foreclosure sale reduced the home s mortgage balance by the same amount A court later ruled that whatever fire insurance proceeds remained after paying the homeowner s remaining mortgage debt hadp 2008-09-01T00:00:00 <p>A property buyer held a right of first refusal for a cash with no mortgage contingency offer, but added a mortgage contingency to its own offer. A court ruled that the buyer lost that right when it added the contingency. Most right of first refusals give a party...</p> http://www.niclawgrp.com/feature/5405/change-terms-lose-rights.htm pA property buyer held a right of first refusal for a cash with no mortgage contingency offer but added a mortgage contingency to its own offer A court ruled that the buyer lost that right when it added the contingency Most right of first refusals give a partyp 2008-09-01T00:00:00 <p>An employee filed for bankruptcy lost her right to pursue a discrimination claim when she did not list it in her bankruptcy petition. Disclosure of such claims is required under bankruptcy law. The employer was able to have the case dismissed.</p> http://www.niclawgrp.com/feature/5402/remember-discrimination-or-lose.htm pAn employee filed for bankruptcy lost her right to pursue a discrimination claim when she did not list it in her bankruptcy petition Disclosure of such claims is required under bankruptcy law The employer was able to have the case dismissedp 2008-09-01T00:00:00 <p>A 400pound loading dock employee was fired because he was incapable of completing his required job tasks as documented in his job description. Without a physiological reason for his weight, he was not ADA protected when he was fired.</p> http://www.niclawgrp.com/feature/5403/too-fat-to-work-not-ada-issue.htm pA 400pound loading dock employee was fired because he was incapable of completing his required job tasks as documented in his job description Without a physiological reason for his weight he was not ADA protected when he was firedp 2008-09-01T00:00:00 <p>The EPA may reclaim its oversight costs associated with the supervision of hazardous waste cleanup activities, ruled the Third Circuit Court of Appeals, joining the Second Circuit (New York &amp; Connecticut). Previously, parties responsible for cleaning up polluted...</p> http://www.niclawgrp.com/feature/5401/pay-epa-to-watch.htm pThe EPA may reclaim its oversight costs associated with the supervision of hazardous waste cleanup activities ruled the Third Circuit Court of Appeals joining the Second Circuit New York amp Connecticut Previously parties responsible for cleaning up pollutedp 2008-09-01T00:00:00 <p>Preventing employees from intentionally harming other people is part of a corporation s responsibility. Thus an employee s minor daughter was permitted to sue her father s employer for failing to take action after the man s supervisor and the...</p> http://www.niclawgrp.com/feature/5400/employer-pays-for-cyber-porn-harm.htm pPreventing employees from intentionally harming other people is part of a corporation s responsibility Thus an employee s minor daughter was permitted to sue her father s employer for failing to take action after the man s supervisor and thep 2008-09-01T00:00:00 <p>A software programmer who contributed a small part of the code was considered a coowner of the whole software program. Whenever two authors intentionally merge their copyrighted material into one inseparable work, the law says they are equal...</p> http://www.niclawgrp.com/feature/5399/small-bits-yield-big-byte.htm pA software programmer who contributed a small part of the code was considered a coowner of the whole software program Whenever two authors intentionally merge their copyrighted material into one inseparable work the law says they are equalp 2008-09-01T00:00:00 <p>A worker repeatedly harassed coworkers and made racial and ethnic slurs as an effect of her mental disorder. Her abnormal behavior was considered protected under the Americans with Disability Act (ADA), ruled the Second Circuit, covering...</p> http://www.niclawgrp.com/feature/5398/slurs-ok-in-ct-not-ma.htm pA worker repeatedly harassed coworkers and made racial and ethnic slurs as an effect of her mental disorder Her abnormal behavior was considered protected under the Americans with Disability Act ADA ruled the Second Circuit coveringp 2008-09-01T00:00:00 <p>Upon returning from medical leave, employees must return to equivalent positions, according to the Family Medical Leave Act (FMLA). If their employer does not comply, employees have two years to sue for an FMLA violation unless the...</p> http://www.niclawgrp.com/feature/5395/damages-for-disregarding-fmla.htm pUpon returning from medical leave employees must return to equivalent positions according to the Family Medical Leave Act FMLA If their employer does not comply employees have two years to sue for an FMLA violation unless thep 2008-09-01T00:00:00 <p>A company knowingly copied pages from its competitor s website. It became subject to suit in that competitor s local court, despite having no office, sales or other ties to that area.</p> http://www.niclawgrp.com/feature/5396/local-lawsuit-for-online-crime.htm pA company knowingly copied pages from its competitor s website It became subject to suit in that competitor s local court despite having no office sales or other ties to that areap 2008-09-01T00:00:00 <p>A loan broker must have a written commission agreement to get paid, but a licensed real estate broker is not subject to that requirement. In a commercial transaction, a real estate broker who also helped get financing for the purchase was entitled to an extra...</p> http://www.niclawgrp.com/feature/5397/extras-ok-for-realtor.htm pA loan broker must have a written commission agreement to get paid but a licensed real estate broker is not subject to that requirement In a commercial transaction a real estate broker who also helped get financing for the purchase was entitled to an extrap 2008-09-01T00:00:00