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
- 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 -...
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 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
- Sep 13, 2022
- 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
- Aug 2, 2022
- 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 19, 2022
- 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, 2022
- 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, 2022
- 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 14, 2022
- 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, 2022
- 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 3, 2022
- 1 min
ARBITRATION EXEMPTION
An 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 19, 2022
- 2 min
BYPASSING COURT DELAYS
COVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....
Paul Peter Nicolai
- Apr 5, 2022
- 3 min
Decision Helps Brands Pay Less per Click
Have 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 29, 2022
- 3 min
Bankruptcy Shield - Important Section 363 Protections
A Delaware bankruptcy judge reminded potential buyers or acquirers of assets from a distressed entity they have important protections....
Paul Peter Nicolai
- Mar 22, 2022
- 2 min
Use or Lose Your Right to Arbitrate
According 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 15, 2022
- 2 min
Circuit Split Widens Over ADA’s Application to Websites
Another federal appellate court has held that a website inaccessible to the blind does not violate the Americans with Disabilities Act...
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