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...
Paul Peter Nicolai Jul 20, 20213 minBuy-Sell and Valuation Provisions in LLCsMost LLC operating agreements have provisions on transfers of interests by members. Without specific provisions in an operating...
Paul Peter Nicolai Jun 29, 20215 minYou Signed an NDA. Now What?NDAs allow parties to cooperate using information owners would be unwilling to share absent the protections they afford. The basic...
Paul Peter Nicolai Jun 1, 20213 minChina Copyright Law Amended & BroadenedThe first substantial amendments to China’s Copyright Law in 20 years come into effect on June 1, 2021. They focus on enhancing...
Paul Peter Nicolai Apr 13, 20213 minChanges to Commercial Lease Rent Relief The Bankruptcy Code does not generally allow debtors to individually modify the terms of property leases. The Consolidated Appropriations...
Paul Peter Nicolai Apr 6, 20218 minHere Comes The Federal Corporate Transparency ActThe 2021 National Defense Authorization Act (the NDAA) was enacted on January 1, 2021. Part of it imposes new beneficial ownership...
Paul Peter Nicolai Mar 23, 20215 minThe Federal No Surprises ActOn 28 December 2020, the Federal No Surprises Act (Act) was enacted. It protects patients from surprise medical bills in certain...
Paul Peter Nicolai Feb 23, 20214 minWhat Creditors Need to Know About the New Federal Debt Collection RuleThe Consumer Financial Protection Bureau (“CFPB”) has finalized two parts of its debt collection rule under the Fair Debt Collection...
Paul Peter Nicolai Feb 9, 20216 minCOVID-19 Compulsory Patent Licensing LawA patent gives the owner the legal right to sue other parties for making, using, selling, or importing the patented matter. Compulsory...
Paul Peter Nicolai Dec 15, 202010 minDesigning M&A Earn-outs to Avoid Disputes After CovidCOVID-19 is likely to increase the use of earn-outs in M&A transactions. Due to the unpredictability caused by the pandemic, buyers and...
Paul Peter Nicolai Dec 8, 20202 minConfidentiality Obligations Wiped Out by Non-Compete RestrictionsMost of those aware of California employment law know that non-compete clauses prohibiting employees from working for competitors after...
Paul Peter Nicolai Dec 1, 20203 minRemote Work Legal Implications Technological advancements and shifting societal preferences have made remote work programs possible for a significant segment of the...
Paul Peter Nicolai Nov 17, 20205 minChildren’s Online Privacy ProtectionCoronavirus makes understanding the rules protecting children's privacy in the virtual world much more critical, especially since...
Paul Peter Nicolai Oct 27, 20204 minSEC Expands Definition of Accredited InvestorThe SEC adopted an expansion pf the definition of “accredited investor”. It permits a greater number of investors to participate.
Paul Peter Nicolai Oct 6, 20207 minDealing With Healthcare Services Acquisition RisksHealthcare is a significant portion of the U.S. economy and will be so for the foreseeable future. National health expenditures are...
Paul Peter Nicolai Sep 15, 20204 minPartial Arbitration Award DangersThere are good reasons for dividing some arbitrations. There are dangers, however. Courts have provided varying results when there is more t
Paul Peter Nicolai Sep 8, 20204 minBrazil Passes National Privacy LawJoining a global trend, Brazil has enacted an omnibus law governing the use of personal data, the LGPD.
Paul Peter Nicolai Aug 18, 20203 minUncertainty Over Defendant’s Profits in Trademark Cases RemainsThe federal trademark law was passed in 1946. Through the 1980s an order telling and infringer to stop was the preferred way to end trademar
Paul Peter Nicolai Jul 14, 20204 minLLC Manager LiabilityLimited liability companies are the most popular entity structure for new businesses. As a result , the law applicable to limited...