Paul Peter Nicolai
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...
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Paul Peter Nicolai
Sep 13, 20225 min read
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, 20223 min read
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, 20229 min read
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, 20222 min read
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, 20223 min read
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, 20221 min read
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, 20222 min read
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, 20221 min read
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, 20222 min read
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, 20223 min read
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, 20223 min read
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, 20222 min read
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, 20222 min read
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...
Paul Peter Nicolai
Feb 8, 20222 min read
NY Whistleblower Protections Expanded
NY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai
Feb 1, 20224 min read
COVID Vaccination Sweepstakes
In 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 25, 20221 min read
OTC COVID Test Coverage Required of Health Plans
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai
Jan 18, 20226 min read
Avoiding Settlement Tax Errors
Here 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 4, 20222 min read
Limiting Non-Competes
We 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 min read
OSHA 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...
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