Paul Peter Nicolai May 101 minTriple Damages For Delayed Wage Payments RequiredAn employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...
Paul Peter Nicolai Apr 261 minTerminating Agreement Snuffed Breach of Contract ClaimDelaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...
Paul Peter Nicolai Apr 122 minNew Data RegulationThe regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai Mar 81 minMA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFULAn at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai Mar 11 minSECURITIES CLASS ACTION REVIVEDCarbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...
Paul Peter Nicolai Feb 221 minPennsylvania Supreme Court Rejects Business Registration as Consent to Personal JurisdictionThe Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...
Paul Peter Nicolai Feb 151 minThree-year Reservation of Lots May be a TakingA developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...
Paul Peter Nicolai Dec 28, 20211 minMASS ADOPTS FLSA JOINT EMPLOYER TESTThe Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...
Paul Peter Nicolai Dec 21, 20211 minMUDDY CONTRACT MEANS YEARS IN COURTTwo parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...
Paul Peter Nicolai Dec 7, 20214 minVACCINATION MANDATE PLANNINGEmployers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...
Paul Peter Nicolai Nov 23, 20211 minEXTORTION AS RETALIATIONAfter getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...
Paul Peter Nicolai Oct 5, 20211 minMassachusetts Non-Compete VoidedA Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that...
Paul Peter Nicolai Sep 21, 20211 minNon-Registered Broker Dealer Means No ContractAn investment banking firm which assists companies in selling their businesses sued to enforce a commission agreement from the sale of a...
Paul Peter Nicolai Sep 14, 20211 minTown Can’t Stop Shift To Retail Pot SalesA town cannot stop a medical marijuana dispensary from converting to retail marijuana sales. In 2016 an applicant had received...
Paul Peter Nicolai Sep 7, 20211 minWetlands Enforcement ReinstatesThe Massachusetts Supreme Court has ruled that an enforcement action under the Wetlands Protection Act can be brought decades after the...
Paul Peter Nicolai Aug 31, 20211 minCourt Rejects Fair Use ArgumentAfter a defendant won summary judgment in a copyright infringement case on the argument that it's use of the original material was a fair...
Paul Peter Nicolai Aug 17, 20213 minData Revealed on Open Zoom Meeting Is Secret No MoreA business that does not take reasonable steps to protect its confidential information while using Zoom cannot receive trade secret...
Paul Peter Nicolai Aug 3, 20212 minTriple Damages Against EmployeesThe Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...
Paul Peter Nicolai Jul 13, 20213 minNo Concrete Harm, No StandingThe U.S. Supreme Court decided that plaintiffs seeking to pursue a Fair Credit Reporting Act (FCRA) class litigation must establish...
Paul Peter Nicolai Jul 6, 20211 minLetter to Editor Is ProtectedThe NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...