Paul Peter Nicolai
Reasonable Security Measures: The Next Focus in Data Breach Litigation
For years, the big issue in data breach lawsuits focused on standing. However, the California Consumer Privacy Act’s (CCPA’s) private...
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Paul Peter Nicolai
- Jan 24
- 3 min
Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment
In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...
Paul Peter Nicolai
- Jan 17
- 2 min
Workplace Drug Policies and State Marijuana Laws
Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by...
Paul Peter Nicolai
- Jan 10
- 1 min
Printing While Traveling Means No Privilege
A plaintiff withheld an email saying the attorney-client privilege protected it. The plaintiff’s CEO received the email from the...
Paul Peter Nicolai
- Jan 3
- 1 min
Embarrassing Emails Go Public
A court of appeals affirmed the district court’s ruling by concluding that emails were judicial records to which the common law right of...
Paul Peter Nicolai
- Dec 27, 2022
- 3 min
Corporate Exclusive Forum Provisions
Many public and private companies have recently adopted exclusive forum provisions in their charter or bylaws. They can benefit a company...
Paul Peter Nicolai
- Dec 20, 2022
- 1 min
Criminal Acts & Condo Liability
A complaint was filed against a condominium association over the murder of a couple in their penthouse. The court ordered the negligence...
Paul Peter Nicolai
- Dec 20, 2022
- 9 min
Cryptocurrency Enforcement Has Arrived
The rise of cryptocurrencies and digital assets has given rise to a crucial question: which federal regulator - the SEC or the CFTC -...
Paul Peter Nicolai
- Dec 13, 2022
- 2 min
The Superfund Tax Is Here
Beginning July 1, 2022, a federal excise tax, the Superfund Tax, went into effect. It is imposed on any taxable chemical sold or used by...
Paul Peter Nicolai
- Dec 6, 2022
- 2 min
Forced Waiver of Claims Kills Arbitration Clause
An arbitration agreement that requires parties to waive federal statutory claims is unenforceable. According to the U.S. Court of Appeals...
Paul Peter Nicolai
- Nov 29, 2022
- 2 min
Accessing Website May Be Agreement to Arbitrate
According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...
Paul Peter Nicolai
- Nov 22, 2022
- 5 min
Ransomware Claim Subrogation
Ransomeware cases are on the rise, and so are insurance claims. Some insurers are responding to cyber claims by trying to minimize losses...
Paul Peter Nicolai
- Nov 15, 2022
- 2 min
Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...
Paul Peter Nicolai
- Nov 8, 2022
- 1 min
Labor Antitrust Developments
Antitrust in labor markets is a hot topic for government, business, and labor. The antitrust enforcement agencies, consistent with...
Paul Peter Nicolai
- Nov 1, 2022
- 4 min
Buying Technology Companies
There are vital technology-specific issues to consider when acquiring a technology company. Does the Company Have Adequate IP Rights?...
Paul Peter Nicolai
- Oct 25, 2022
- 11 min
Garden Leave and Non-Compete Reform
In 2018, Massachusetts became the first state to provide for garden leave payments – payments to employees forced to sit out employment...
Paul Peter Nicolai
- Oct 18, 2022
- 1 min
State Panel Can Strike ‘Uneconomic’ Zoning Conditions
The Massachusetts Supreme Court upheld a decision by the Housing Appeals Committee rejecting conditions the Milton zoning board put on an...
Paul Peter Nicolai
- Oct 11, 2022
- 1 min
Black Lives Matter Case Lost
Employees disciplined for wearing face masks bearing the phrase “Black Lives Matter” had their claims dismissed. The appeals court...
Paul Peter Nicolai
- Oct 4, 2022
- 1 min
93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...
Paul Peter Nicolai
- Sep 27, 2022
- 1 min
Town Rules Paved Over For Solar Development
A developer’s request to construct a solar energy system was denied because an access road to the facility through Waltham was a...
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