Paul Peter Nicolai May 31 minARBITRATION EXEMPTIONAn employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...
Paul Peter Nicolai Apr 192 minBYPASSING COURT DELAYSCOVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....
Paul Peter Nicolai Apr 53 minDecision Helps Brands Pay Less per ClickHave you ever searched for a brand online only to find that the first link leads to a competitor or reseller website? This can be a...
Paul Peter Nicolai Mar 293 minBankruptcy Shield - Important Section 363 ProtectionsA Delaware bankruptcy judge reminded potential buyers or acquirers of assets from a distressed entity they have important protections....
Paul Peter Nicolai Mar 222 minUse or Lose Your Right to ArbitrateAccording to a state appellate court, a right to arbitration can be waived when brought almost two years into litigation. The court...
Paul Peter Nicolai Mar 152 minCircuit Split Widens Over ADA’s Application to WebsitesAnother federal appellate court has held that a website inaccessible to the blind does not violate the Americans with Disabilities Act...
Paul Peter Nicolai Feb 82 minNY Whistleblower Protections ExpandedNY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai Feb 14 minCOVID Vaccination SweepstakesIn the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...
Paul Peter Nicolai Jan 251 minOTC COVID Test Coverage Required of Health PlansThe Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai Jan 186 minAvoiding Settlement Tax ErrorsHere are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...
Paul Peter Nicolai Jan 42 minLimiting Non-CompetesWe have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...
Paul Peter Nicolai Nov 30, 202111 minOSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...
Paul Peter Nicolai Nov 9, 20213 minAntitrust in Labor MarketsThe Department of Justice Antitrust Division (DOJ) filed its first major no-poach case in 2010, against a group of Silicon Valley...
Paul Peter Nicolai Nov 2, 20214 minDelaware Supreme Court Adopts New Test for Establishing Demand Futility. Directors Get ProtectedDelaware’s Supreme Court has adopted a new three-part universal test to decide a whether pre-suit demand upon a company’s board should be...
Paul Peter Nicolai Oct 26, 20215 minSidestepping IRS PenaltiesTaxpayers practically always claim penalties are not warranted. What actually works? One of the biggest tools is the defense that a tax...
Paul Peter Nicolai Oct 19, 20215 minInfrastructure Data In ContractsNew deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...
Paul Peter Nicolai Oct 12, 20212 minCompanies May Select Forum Through Charter ProvisionBefore filing registration statements with the SEC, a group of companies designated the federal courts as the exclusive place to resolve...
Paul Peter Nicolai Aug 24, 20213 minWhy Preserve Surveillance Video?In premises liability cases, the proliferation of surveillance cameras in commercial settings means a corresponding focus on the duty to...
Paul Peter Nicolai Aug 10, 20212 minEmail PrivilegeDoes putting a lawyer on a cc line instead of the to line affect the likelihood that the email qualifies for attorney-client-privilege...
Paul Peter Nicolai Jul 27, 20214 minChina's New Data Security LawChina approved a Data Security Law (DSL) which will take effect on September 1, 2021. DSL, together with two other laws known as the PRC...