Paul Peter Nicolai
93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...
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Paul Peter Nicolai
- Sep 27
- 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...
Paul Peter Nicolai
- Sep 20
- 1 min
COVID Losses Not Covered By All-Risk Policies
The Massachusetts Supreme Court has ruled that their all-risk property insurance policies did not cover business losses sustained by...
Paul Peter Nicolai
- Sep 13
- 5 min
The Growing World of Automatic Renewal Laws
With the proliferation of automatic renewal clauses in consumer contracts, new laws, generally called automatic renewal laws (ARL)...
Paul Peter Nicolai
- Sep 6
- 1 min
Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...
Paul Peter Nicolai
- Aug 30
- 1 min
Insurance Coverage Limited By DBA Designation
A motel operator who agreed to purchase the Masonic Temple in Quincy and convert it into a boutique hotel was not entitled to insurance...
Paul Peter Nicolai
- Aug 23
- 1 min
FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...
Paul Peter Nicolai
- Aug 16
- 1 min
Manufacturing & Remote Software
The Appellate Tax Board recently ruled that a business qualified as a manufacturer and a corporate excise reduction because it was...
Paul Peter Nicolai
- Aug 9
- 1 min
Limiting Unfair & Deceptive Practices Liability
Where a tenant filed a 93A complaint against the landlord, a limitation of liability provision in a lease did not protect the landlord...
Paul Peter Nicolai
- Aug 2
- 3 min
What Privilege Rules Apply In International Arbitration?
International arbitration means different parties from different jurisdictions. Each jurisdiction may have different rules for the legal...
Paul Peter Nicolai
- Jul 26
- 1 min
Investors can recover lost-expectation damages
An investor claimed a company owner lied when he sold him 1% of his company by not disclosing that outstanding options diluted his...
Paul Peter Nicolai
- Jul 19
- 9 min
The Corporate Transparency Act
Congress has passed the Corporate Transparency Act of 2020 (“CTA”). Its core is a set of reporting requirements imposed on just about...
Paul Peter Nicolai
- Jul 12
- 2 min
Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal
Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...
Paul Peter Nicolai
- Jul 5
- 3 min
Food Litigation Upswing
Most food and beverage claims are concentrated on food labeling, including whether identified ingredients or flavors are artificial....
Paul Peter Nicolai
- Jun 28
- 1 min
Cannabis Employee’s Case Presents Novel Issue
A bankruptcy judge has been asked to decide whether an employee of a cannabis business is ineligible for Chapter 13 relief because his...
Paul Peter Nicolai
- Jun 21
- 1 min
Franchisees May Be Employees
The Massachusetts Supreme Court has ruled that the dispute over whether plaintiffs who entered into franchise agreements to operate...
Paul Peter Nicolai
- Jun 14
- 1 min
Only Human-Made Works are Copyrightable in the U.S.
The U.S. Copyright Office Review Board refused copyright protection of a two-dimensional artwork created by artificial intelligence,...
Paul Peter Nicolai
- Jun 7
- 2 min
Utah Enacts Nation’s Fourth Comprehensive Consumer Data Privacy Law
Utah has enacted the Utah Consumer Privacy Act (“UCPA”) which takes effect on December 31, 2023. This makes Utah the fourth state to...
Paul Peter Nicolai
- May 31
- 1 min
Deadlock Does Not Mean Dissolution
A 50% shareholder sued to have the corporation dissolved because of irreconcilable differences with the other 50% owner. The court...
Paul Peter Nicolai
- May 24
- 1 min
Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...