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OTC COVID Test Coverage Required of Health Plans
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...

Paul Peter Nicolai
Jan 25, 20221 min read


Avoiding Settlement Tax Errors
Here are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...

Paul Peter Nicolai
Jan 18, 20226 min read


Limiting Non-Competes
We have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...

Paul Peter Nicolai
Jan 4, 20222 min read


MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...

Paul Peter Nicolai
Dec 28, 20211 min read


MUDDY CONTRACT MEANS YEARS IN COURT
Two 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 21, 20211 min read


VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...

Paul Peter Nicolai
Dec 7, 20214 min read


OSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers
NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...

Paul Peter Nicolai
Nov 30, 202111 min read


EXTORTION AS RETALIATION
After getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...

Paul Peter Nicolai
Nov 23, 20211 min read


The Empty Supply Chain
Supply chains are crumbling. Manufacturers struggle to catch up with demand as the global economy recovers from the pandemic impacts on...

Paul Peter Nicolai
Nov 16, 20213 min read


Antitrust in Labor Markets
The Department of Justice Antitrust Division (DOJ) filed its first major no-poach case in 2010, against a group of Silicon Valley...

Paul Peter Nicolai
Nov 9, 20213 min read


Delaware Supreme Court Adopts New Test for Establishing Demand Futility. Directors Get Protected
Delaware’s Supreme Court has adopted a new three-part universal test to decide a whether pre-suit demand upon a company’s board should be...

Paul Peter Nicolai
Nov 2, 20214 min read


Sidestepping IRS Penalties
Taxpayers practically always claim penalties are not warranted. What actually works? One of the biggest tools is the defense that a tax...

Paul Peter Nicolai
Oct 26, 20215 min read


Infrastructure Data In Contracts
New deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...

Paul Peter Nicolai
Oct 19, 20215 min read


Companies May Select Forum Through Charter Provision
Before filing registration statements with the SEC, a group of companies designated the federal courts as the exclusive place to resolve...

Paul Peter Nicolai
Oct 12, 20212 min read


Massachusetts Non-Compete Voided
A 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
Oct 5, 20211 min read


Non-Registered Broker Dealer Means No Contract
An 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 21, 20211 min read


Town Can’t Stop Shift To Retail Pot Sales
A town cannot stop a medical marijuana dispensary from converting to retail marijuana sales. In 2016 an applicant had received...

Paul Peter Nicolai
Sep 14, 20211 min read


Wetlands Enforcement Reinstates
The Massachusetts Supreme Court has ruled that an enforcement action under the Wetlands Protection Act can be brought decades after the...

Paul Peter Nicolai
Sep 7, 20211 min read


Court Rejects Fair Use Argument
After 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 31, 20211 min read


Why Preserve Surveillance Video?
In premises liability cases, the proliferation of surveillance cameras in commercial settings means a corresponding focus on the duty to...

Paul Peter Nicolai
Aug 24, 20213 min read
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