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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 14, 20221 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
Jun 7, 20222 min read


Deadlock Does Not Mean Dissolution
A 50% shareholder sued to have the corporation dissolved because of irreconcilable differences with the other 50% owner. The court...

Paul Peter Nicolai
May 31, 20221 min read


Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...

Paul Peter Nicolai
May 24, 20221 min read


New York City Biometric Identifier Information Ordinance
As part of a growing national privacy trend, a new biometrics privacy ordinance in New York City puts new limits on commercial...

Paul Peter Nicolai
May 17, 20221 min read


Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...

Paul Peter Nicolai
May 10, 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
May 3, 20221 min read


Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...

Paul Peter Nicolai
Apr 26, 20221 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 19, 20222 min read


New Data Regulation
The 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
Apr 12, 20222 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
Apr 5, 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 29, 20223 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 22, 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
Mar 15, 20222 min read


MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An 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 8, 20221 min read


SECURITIES CLASS ACTION REVIVED
Carbonite 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
Mar 1, 20221 min read


Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...

Paul Peter Nicolai
Feb 22, 20221 min read


Three-year Reservation of Lots May be a Taking
A 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
Feb 15, 20221 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 8, 20222 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
Feb 1, 20224 min read
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