Paul Peter Nicolai
Investment Fraud Proof Requirements
A fraud case requires that a statement of fact made must be knowingly false when made and designed to be relied on by the party.
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Paul Peter Nicolai
Dec 17, 20191 min read
EMTALA Whistleblower Analysis Clarified
EMTALA is a law to prevent hospital emergency rooms from dumping patients. A case laid out analysis for determining whistleblower rights
Paul Peter Nicolai
Nov 14, 20191 min read
Mass OT Ruling Declared Retroactive
We recently reported that the Massachusetts Supreme Court ruled that salespeople who are paid on a 100% commission basis are entitled to...
Paul Peter Nicolai
Nov 1, 20191 min read
Limiting Experience & Age Discrimination
A 58 year old experienced but unemployed attorney applied for a job as a Senior Counsel that required the ability to assume complex...
Paul Peter Nicolai
Oct 17, 20191 min read
Mass Retailers must pay OT to commission-only salespeople
Retail salespeople paid on a 100-percent commission basis are entitled to separate additional payments at one and a half times the...
Paul Peter Nicolai
Jul 9, 20191 min read
Arbitration is a Contract
Arbitration is a contract. The contract rules what happens in an arbitration, regardless how counterintuitive the result might be.
Paul Peter Nicolai
May 31, 20192 min read
Non-solicitation Restriction Labelled Improper Restraint
A company that provided temporary travel nurses to medical care facilities hired recruiters with an agreement restricting them from...
Paul Peter Nicolai
May 4, 20191 min read
PERMANENT NON-COMPETE REALLY IS
A 2005 court-approved settlement agreement permanently enjoined the defendants from hiring anyone previously employed by the plaintiff....
Paul Peter Nicolai
Apr 22, 20191 min read
ACTUAL COPYRIGHT REGISTRATION REQUIRED FOR SUIT
In a recent decision, the US Supreme Court ruled that an actual copyright registration from the US copyright office is required to be...
Paul Peter Nicolai
Apr 18, 20191 min read
LLC MEMBER FIDUCIARY OBLIGATIONS
Two former members of a limited liability company were sued by it for breach of fiduciary duty. They moved to dismiss the case because...
Paul Peter Nicolai
Apr 4, 20191 min read
California Joins ABC Test
California's Supreme Court has ruled that the standard for classifying employees or independent contractors should be changed from the...
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