Paul Peter Nicolai
Selling Stockholder’s Non-Compete Invalidated
A Delaware court of Chancery invalidated a non-compete entered into as part of a business sale. The court held that the restrictive...
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Paul Peter Nicolai
Feb 271 min read
Sleeper Berth Time Compensable
A U.S. District Court judge ruled in a suit involving long-haul truck drivers that sleeper berth time exceeding eight hours per day is...
Paul Peter Nicolai
Feb 131 min read
Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...
Paul Peter Nicolai
Jan 301 min read
Website Review Manipulation Is Deceptive
A claim was brought over a company’s practice of suppressing reviews on its website. The company asked for the case to be dismissed. The...
Paul Peter Nicolai
Jan 231 min read
Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...
Paul Peter Nicolai
Jan 164 min read
NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...
Paul Peter Nicolai
Jan 91 min read
Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...
Paul Peter Nicolai
Jan 23 min read
Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection
As more businesses seek to use artificial intelligence (AI) to generate content, it is vital to understand the scope of copyright...
Paul Peter Nicolai
Dec 26, 20231 min read
Contract Choice of Law Does Not Defeat Chapter 93A Claim
A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...
Paul Peter Nicolai
Dec 19, 20231 min read
Trade Secret Theft Creates Triple Damages
A jury found two defendants liable for their former employer's misappropriation of trade secrets. The judge found this violated Chapter...
Paul Peter Nicolai
Nov 21, 20231 min read
Data Breach Liability Expanding
Until recently, cases alleging damages for data breaches have been mainly unsuccessful, absent a showing of actual damages by the persons...
Paul Peter Nicolai
Oct 31, 20233 min read
NLRB Imposes New Limits on Employer Work-Rules
The NLRB has held that employers violate the National Labor Relations Act when they issue facially neutral work rules, like a no-camera...
Paul Peter Nicolai
Oct 17, 20231 min read
Implied Covenant Of Good Faith And Fair Dealing In Employment
An employer sued, saying an employee breached her employment agreement. The employee countered with a claim for breach of the implied...
Paul Peter Nicolai
Oct 10, 20231 min read
Trade Secrets Theft Yields Triple Damages
Where a Massachusetts jury found two defendants liable for the misappropriation of trade secrets from the plaintiff, the court ruled that...
Paul Peter Nicolai
Oct 3, 20232 min read
USERRA Reminder
The U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for...
Paul Peter Nicolai
Sep 26, 20234 min read
Delaware Rules Corporate Officers Have Duty of Oversight
The Delaware Court of Chancery ruled for the first time that corporate officers owe a fiduciary duty of oversight. The Court held that an...
Paul Peter Nicolai
Sep 12, 20233 min read
Pennsylvania Supreme Court Says “No-Hire” Provision Unenforceable
The Supreme Court of Pennsylvania decided a no-hire provision between competing businesses void as a matter of public policy and...
Paul Peter Nicolai
Sep 5, 20231 min read
Supreme Court Says Business Registration Subjects Out-of-State Companies Personal JurisdiCTION
The Supreme Court ruled that a company's decision to register for business in Pennsylvania is consent to general personal jurisdiction in...
Paul Peter Nicolai
Aug 29, 20231 min read
Landlord And Tenant – Email Notice For Option
A commercial tenant asked for a declaratory judgment that it had provided proper notice of its option not to renew its lease. The trial...
Paul Peter Nicolai
Aug 22, 20232 min read
Supreme Court Says Appeal From a Denial of a Motion to Compel Arbitration Stops Trial Proceedings
The US Supreme Court has decided that an appeal of a denial of a motion to compel arbitration under the Federal Arbitration Act (FAA)...
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