Paul Peter Nicolai
EEOC Proposes Rules for Pregnant Workers Fairness Act
The EEOC has issued a set of proposed rules to implement the Pregnant Workers Fairness Act(PWFA), a new law that protects the rights of...
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Paul Peter Nicolai
- Nov 14
- 4 min
Montana, Texas and Oregon Add Data Privacy Laws
Three new states enacted comprehensive consumer data privacy laws in May and June. On May 19, 2023, Montana Governor Greg Gianforte...
Paul Peter Nicolai
- Nov 7
- 8 min
Complying with Beneficial Ownership Reporting Rules Under the Corporate Transparency Act
Starting January 1, 2024, entities must comply with the reporting rules under the Corporate Transparency Act (CTA). The CTA applies both...
Paul Peter Nicolai
- Oct 24
- 2 min
Liability For Data Breaches Opening Up
Over the past 15 years, federal agencies and state governments have been imposing new obligations and requirements for handling...
Paul Peter Nicolai
- Sep 19
- 4 min
New Exemption from Securities Broker Registration for M&A Brokers
There is a new exemption that allows M&A brokers to avoid registering as securities brokers. President Biden signed the Consolidated...
Paul Peter Nicolai
- Aug 15
- 4 min
FTC and DOJ Propose Changes to US Merger Review Process
The Federal Trade Commission (FTC) and the Department of Justice– Antitrust Division (DOJ) have proposed sweeping changes to the...
Paul Peter Nicolai
- Aug 8
- 4 min
Pregnant Workers Fairness Act Protects For Pregnancy-Related Conditions
Effective at the end of June, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for...
Paul Peter Nicolai
- Jul 18
- 4 min
Thoughts for Employers from the Supreme Court Affirmative Action Decision
The Supreme Court recently reversed the longstanding rule that race can be considered as a plus factor among many factors when making...
Paul Peter Nicolai
- Jun 27
- 3 min
FTC Proposed Non-Compete Rule Update
The FTC’s proposed rule would effectively ban worker non-compete provisions by deeming them an unfair method of competition under the FTC...
Paul Peter Nicolai
- Jun 21
- 3 min
Intellectual Property Due Diligence in M & A
In today’s digital world, companies are building and accumulating significant intellectual property portfolios, whether trademarks in...
Paul Peter Nicolai
- Jun 6
- 2 min
US Department of Labor Issues FMLA Interpretive Bulletin on Telework
The US Department of Labor (“DOL”) has issued a Field Assistance Bulletin (“FAB”) explaining how to apply the eligibility rules under the...
Paul Peter Nicolai
- May 23
- 2 min
Workplace Antitrust - Increased Enforcement
Congress passed antitrust laws to counter monopoly control and prevent companies from acting in concert to control prices. The laws...
Paul Peter Nicolai
- Apr 25
- 3 min
NLRB Imposes Restrictions on Severance Agreements
The National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they present...
Paul Peter Nicolai
- Apr 11
- 1 min
CCPA Employment and B2B Exemptions Expired in January
The California legislature adjourned without extending the two business-friendly exemptions of the California Consumer Privacy Act...
Paul Peter Nicolai
- Mar 28
- 8 min
Protecting Trade Secrets
A company’s intellectual property (IP) is among its most valuable assets. Anything that helps give a company its competitive edge can be...
Paul Peter Nicolai
- Feb 28
- 5 min
Business Social Media Use Legal Tips
Businesses have various ways to use social media in their marketing efforts. Doing it, however, is more than just a matter of posting it...
Paul Peter Nicolai
- Jan 31
- 3 min
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...
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
- 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
- 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 -...
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