Paul Peter Nicolai 6 days ago2 minDoes Coronavirus Excuse Contract Performance?The answer depends on the force majeure clause in the contract – if it has one. If it does, start with its language. It may contain a list of specific events...
Paul Peter Nicolai Mar 202 minCoronavirus Thoughts For BusinessNot pretty but coronavirus business survival means preserving cash.
Paul Peter Nicolai Mar 204 minCoronavirus Employer Requirements ComingA rundown of federal employment related mandates and benefits on the table and being rolled out to deal with coronavirus.
Paul Peter Nicolai Mar 171 minLimitations Waiver UnenforceableThe Virginia Supreme Court has decided that some contractual waivers of statute of limitations are unenforceable.
Paul Peter Nicolai Mar 126 minPrivate Software Licenses vs. Government Software LicensesGovernment procurement regulations automatically insert clauses into software licenses which are surprisingly different than private deals.
Paul Peter Nicolai Mar 101 minEmployee Misclassification SpreadsThe danger of misclassifying a worker as an independent contractor is growing with the new ABC test.
Paul Peter Nicolai Mar 39 minThe State of Cannabis BankingFinding banking services for marijuana related businesses remains tough and is only changing slowly. Legalizing hemp may have helped that.
Paul Peter Nicolai Feb 252 minAnother Tool To Recover Excessive Executive CompensationIn certain jurisdictions, creditors may be able to call excessive compensation paid to manager-shareholders as unlawful dividends
Paul Peter Nicolai Feb 182 minNew Alternative for Cheaper Small Business BankruptcyChapter 11's high cost and complexity make it too difficult for small businesses to successfully reorganize. Congress has passed amendments to the Bankruptcy...
Paul Peter Nicolai Feb 111 minGovernment Agencies Cannot Seek Patent ReviewIn 2011 Congress passed the America Invents Act (“AIA”). It changed the patent system from a first-to-invent to a first-inventor-to-file system. AIA also cre...
Paul Peter Nicolai Feb 41 minTitle VII & Arbitration AgreementsThe EEOC has revoked a 1997 Policy Statement in which it had said arbitration of employment-related disputes was inconsistent with Title VII and other federa...
Paul Peter Nicolai Jan 282 minOvertime Exemptions RedefinedA ruling from the Supreme Court overturns 80 years of case law on the subject of FLSA overtime exemptions.
Paul Peter Nicolai Jan 212 minPaid Administrative Leave Not Necessarily Safe HarborA court has ruled that paid administrative leave does not necessarily shield an employer from employment litigation liability.
Paul Peter Nicolai Jan 151 minPatent Invalidity Means No Infringement To be the subject of an infringement action, a patent has to be eligible for protection. Invalidity of the patent is a defense.
Paul Peter Nicolai Jan 71 minCompetitor Can Sue Over Biased White PaperA company can sue a competitor that hyped a white paper criticizing its products without disclosing that it commissioned the report.
Paul Peter Nicolai Dec 30, 20191 minFederal Au Pair Program Workers Get Full ProtectionAn agency that sponsors au pairs under a federal program sued Massachusetts claiming the federal program that brings au pairs to the United States on special...
Paul Peter Nicolai Dec 23, 20191 minInvestment Fraud Proof RequirementsA fraud case requires that a statement of fact made must be knowingly false when made and designed to be relied on by the party.
Paul Peter Nicolai Dec 17, 20191 minEMTALA Whistleblower Analysis ClarifiedEMTALA is a law to prevent hospital emergency rooms from dumping patients. A case laid out analysis for determining whistleblower rights
Paul Peter Nicolai Dec 4, 20192 minNew Mass Distracted-Driving LawThe Governor has signed An Act Requiring the Hands-Free Use of Mobile Telephones While Driving. The law takes effect 90 days from November 25. The law focuse...
Paul Peter Nicolai Nov 26, 20193 minNLRB Issues Guidance on Handbook RulesThe NLRB General Counsel has issued a Guidance Memorandum laying out how NLRB Regional Offices receiving claims of improper employment policies are to interp...