Paul Peter Nicolai Nov 3, 20201 minTrade Secret Misappropriation Judgment ReversedEmployers cannot restrict a former employee’s ability to compete just because a contract says everything is confidential.
Paul Peter Nicolai Oct 20, 20202 minExtending When You Can SueDiscovering and understanding fraud is complicated and time consuming. This court used two doctrines to extend the time for plaintiff to sue
Paul Peter Nicolai Sep 29, 20201 minSupreme Court Limits SEC Disgorgement PowerThe Supreme Court has ruled that the SEC can seek disgorgement as an equitable remedy in cases under the Securities Exchange Act of 1934....
Paul Peter Nicolai Sep 22, 20201 minDeath Terminates Brokerage AgreementThe owner of three residential properties died after signing an exclusive right-to-sell agreement with a real estate agency. Her estate...
Paul Peter Nicolai Sep 1, 20202 minPublic Data Scraping Likely Does Not Violate CFAAThe Computer Fraud And Abuse Act (CFAA) prohibits accessing a computer without authorization. It is violated when a person circumvents a...
Paul Peter Nicolai Aug 25, 20201 minNot Every Job Change Terminates Non CompetesA 1968 decision has been consistently argued to terminate old noncompete agreements. A court has ruled that not every job change will cause
Paul Peter Nicolai Aug 11, 20201 minLiability for Work from Home and Personal Email PoliciesAllowing employees to work from home and use their personal emails for business, the firm created a cyber-security risk.
Paul Peter Nicolai Aug 4, 20201 minSale Taxable Without A TransferThe Massachusetts Supreme Court announced that transfer of title or possession is not required to find that a taxable event occurred.
Paul Peter Nicolai Jul 28, 20201 minWage Act Claims Against Company Officials Dismissed A Massachusetts federal court judge dismissed Wage Act claims brought against individuals for lack of jurisdiction.
Paul Peter Nicolai Jul 10, 20202 minFirst Amendment Can Apply to Facebook PagesThis decision is one of the first to explicitly hold that Facebook pages can be public forums, laying down an important marker that freedom
Paul Peter Nicolai Jun 23, 20202 minVOLUNTEER DIRECTORS IMMUNEThe Massachusetts Supreme Court has issued a broad decision immunizing volunteer directors to Massachusetts nonprofits from liability and...
Paul Peter Nicolai Jun 9, 20201 minArbitration Notice SucceedsA Plaintiff sued her employer saying it misclassified her as an independent contractor and failed to pay her minimum wages. The court...
Paul Peter Nicolai Jun 2, 20201 minSupreme Court Says Willful Infringement Not Required to Award Profits In Trademark CasesThe U.S. Supreme Court ruled a trademark infringement plaintiff does not have to show willful infringement to get an award of profits.
Paul Peter Nicolai May 5, 20201 minRETALIATION TRIPLES DAMAGESCommissions not yet owed became lost wages when an employer retaliated against an employee foir complaining about commissions nonpayment.
Paul Peter Nicolai Apr 28, 20201 minOops...Corporate Debt Gets Personal Corporate debts can get personal if you make a mistake trying to avoid them.
Paul Peter Nicolai Apr 14, 20201 minDepression Leads to DiscriminationAn employee diagnosed with depression blurted out he was resigning. When he retracted his resignation, the employer refused to allow it...
Paul Peter Nicolai Apr 7, 20201 minCommercial Landlord & Tenant – PossessionCommercial tenants may not be able to stop eviction by filing a prior case for damages.
Paul Peter Nicolai Mar 31, 20201 minUber’s Arbitration Terms Ruled UnenforceableUber's contracting process has been ruled ineffective.
Paul Peter Nicolai Mar 17, 20201 minLimitations Waiver UnenforceableThe Virginia Supreme Court has decided that some contractual waivers of statute of limitations are unenforceable.
Paul Peter Nicolai Mar 10, 20201 minEmployee Misclassification SpreadsThe danger of misclassifying a worker as an independent contractor is growing with the new ABC test.